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Haynes and Boone, LLP

Felicity A. Fowler

Felicity A. Fowler

Partner

Haynes and Boone, LLP
Texas, U.S.A.

tel: +1 713 547 2072
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Felicity Fowler is a partner in the Labor and Employment Practice Group of Haynes and Boone, and has more than 23 years of experience representing management in employment litigation and related proceedings. She is also a member of the Board of Directors of Haynes and Boone.

She is certified by the Texas Board of Legal Specialization as a specialist in the field of Labor and Employment Law, and she counsels clients in areas such as wage and hour law, discrimination and harassment claims, leaves of absence, employee terminations and reductions in force. Felicity regularly represents employers in employment litigation (including class actions) in state and federal court and in employment arbitrations. Felicity also advises clients on the risks and implications arising from the use of social media, and creates guidelines and social media policy recommendations. Felicity is a frequent lecturer on numerous employment law topics, including FMLA, ADA, FLSA, harassment and social media.

Felicity is the former co-chair of Haynes and Boone's 60-person Attorney Diversity and Inclusion Committee, where she focused on advancing the hiring, retention and promotion of diverse lawyers within the firm.


Education

J.D., Georgetown University Law Center, 1992, Member, Journal of Law and Technology
B.S., Industrial and Labor Relations, Cornell University, 1989, Cornell National Scholar
Areas of Practice
Professional Career

Significant Accomplishments

Defended a well-known U.S. corporation in a highly-publicized, class-based discrimination lawsuit brought by the Equal Employment Opportunity Commission in U.S. District Court under the Americans with Disabilities Act and secured summary judgment on the basis that the class EEOC sought to represent was not disabled within the meaning of the ADA in EEOC v. Exxon Corp., 124 F.Supp. 2d 987 (N.D. Tex. 2000).

Successfully argued before the Fifth Circuit Court of Appeals in Hockman v. Westward Communications, 407 F.3d 317 (5th Cir. 2004), issue of first impression, which resulted in employer friendly defense standard in co-worker harassment cases; also handled companion case, Harvill v. Westward Communications, 433 F.3d 428 (5th Cir. 2005) (the Westward cases are often cited in the Fifth Circuit on various aspects of sexual harassment jurisprudence).

Helped secure a Fifth Circuit opinion that an employer can defend a safety-based policy under the ADA on business necessity grounds.

Successfully tried numerous employment law cases in Federal and State courts, as well as several arbitration forums.

Successfully obtained and/or defended numerous temporary and permanent injunctions in misappropriation of trade secrets, unfair competition and covenant not to compete cases.

Representation of securities brokerage firms in employment disputes. Recent experience includes a complete defense award for a client in a dispute filed by a former broker challenging stock forfeiture provisions in national employer's employee incentive compensation plan (Howell v. Citigroup Global Markets Inc.,NYSE No. 2004-015794).

Successfully handled several wage and hour litigation matters, including multiple collective actions under the FLSA.

Obtained dismissal of sexual harassment case for employer based on jurisdictional arguments in Lee v. Dollar Tree Stores, Inc., 2007 U.S. Dist. LEXIS 53693 (S.D. Tex., July 25, 2007).

Obtained numerous summary judgments for employers in employment litigation matters, including: (1) Hockman v. Westward Communications, 282 F.Supp. 2d 512 (E.D. Tex. 2003) (sexual harassment); (2) Harvill v. Westward Communications, 311 F.Supp. 2d 573 (E.D. Tex. 2004) (sexual harassment/FLSA); (3)Weeks v. NationsBank of Texas, N.A., 2000 U.S. Dist. LEXIS 4069 (N.D. Tex. 2000) (retaliation); (4) Garrity v. NationsBank of Texas, N.A., 1999 U.S. Dist. LEXIS 1454 (N.D. Tex. 1999) (gender discrimination); and (5) Kushner v. Nationsbank, N.A., 1998 U.S. Dist. LEXIS 12708 (N.D. Tex. 1998) (ADA discrimination).

Frequently lectures on employment law topics for both lawyers and human resources professionals.

Employment law training, investigations, analysis, and resolution of complex employment situations.

Articles

Hurricane Harvey: Employer Considerations in Office Closures and Reopenings
Haynes and Boone, LLP, August 2017

Whenever emergency situations such as Hurricane Harvey cause office closures and such offices are subsequently reopened, Texas employers must remember several points to stay compliant with employment laws. In general, employees who are classified as exempt from the Fair Labor Standards Act’s minimum wage and overtime provisions must be paid a salary each week...

Healthcare Employers Should Evaluate Exempt Workers Based on New Overtime Exemption Rules
Haynes and Boone, LLP, September 2016

The U.S. Department of Labor (“DOL”) has issued a final rule, effective December 1, 2016, changing aspects of the Fair Labor Standards Act (“FLSA”) regarding overtime exemptions. The FLSA dictates how employees must be paid overtime for working a certain number of hours; however, “exempt” employees who are salaried and who have administrative, executive, or professional job duties do not have to be paid overtime...

WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

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