David M. Minces
David M. Minces has practiced law since 2000 and has been Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization since 2007. Much of his practice is devoted to handling employment litigation matters from the case investigation stage through oral argument before appellate courts. Mr. Minces has a history of successfully representing clients in state and federal trial courts and appellate courts.
Before founding his law firm, Mr. Minces was special counsel in the Houston office of Adams and Reese LLP (among the largest 200 law firms in the United States) and a co-founder of two other law firms. In addition to his employment law experience, Mr. Minces has represented clients in lawsuits involving allegations of fraud, defamation, medical/dental malpractice, product liability, construction defects, premises liability, negligence resulting in personal injury and other general litigation.
To protect clients’ interests, Mr. Minces routinely helps them find proactive solutions to personnel problems in order to avoid litigation. Mr. Minces also gives presentations to business professionals on labor and employment law issues.
Mr. Minces has been repeatedly recognized as a “Rising Star” by SuperLawyers and Texas Monthly Magazine and was named among Strathmore’s “Who’s Who” of American lawyers. He is admitted to practice in the Northern, Southern, Eastern and Western Districts of Texas, the Eastern and Western Districts of Arkansas, the Eighth Circuit Court of Appeals, the Southern District of Indiana, the Southern District of Mississippi, and the Northern District of Ohio.
In 2000, Mr. Minces earned his Juris Doctorate from Southern Methodist University School of Law, where he was successful in Mock Trial and Moot Court competitions. While in law school, he served as Administrative Editor for the Computer Law Review & Technology Journal. In 1993, he received his bachelor’s degree in journalism from the University of Nebraska and was a member of AE Rho National Journalism Society. Mr. Minces graduated with minors in English, history and psychology.
Before practicing law, Mr. Minces worked at the Institute for Reading Development as a reading instructor for children, college students and adult professionals, and also at the Texas Legislative Council as a Legislative Proofreader for the Texas Legislature during the 75th Legislative Session. Mr. Minces has extensive experience working with children of all ages in hospital, athletic and juvenile detention settings and was once a preschool director.
Mr. Minces enjoys spending time with his wife and two children, coaching elementary school students in University Interscholastic League (UIL) competitions and participating in a wide variety of fitness activities. Mr. Minces was certified as a fitness trainer in 2000 and has taught “boot camp” classes to adult professionals. When he is not at the courthouse or otherwise advocating for a client, you can often find Mr. Minces on a field somewhere coaching the Silver Stars, the Cheetahs, the Red Sharks, the Red Racers, the Soccer Ninjas, the Scorpions or some other youth sports team.
EXAMPLES OF MR. MINCES’ PRESENTATIONS:
- U.S. Department of Housing and Urban Development Office of General Counsel, Office of Ethics and Personnel Law CLE | Personnel Law Training Course | June 2017
- Houston Metropolitan Paralegal Association CLE Luncheon | Wage and Hour 101 | January 2017
- Gulf Coast Safety Institute Lunch & Learn CLE | “The Triangle of Death”: Overlap and Interplay between Texas Workers Compensation Law, The Family Medical Leave Act (FMLA), and the Americans with Disabilities Act (ADA) | May 2016
- Gulf Coast Safety Institute Lunch & Learn CLE | Legal Aspects of Recordkeeping | March 2016
- Houston Bar Association, Labor and Employment Law Section | Workers Compensation Retaliation Law | 2011
EXAMPLES OF MR. MINCES’ REPRESENTATIVE EXPERIENCE:
- Recovering 100% of all plaintiffs’ unpaid overtime wages in a seven-year long collective action lawsuit against O’Connor & Associates, the largest property tax consulting firm in the United States. The 11 plaintiffs who took the case to trial were residential property tax consultants, and the Court found that all 11 were misclassified as exempt and unlawfully denied overtime pay. Pursuant to the judgment from United States District Court for the Southern District of Texas (Magistrate Judge Stacy, Houston Division), the company and its owners Patrick O’Connor and Kathleen O’Connor were found jointly and severally liable for all unpaid overtime wages plus attorney’s fees, case costs and expenses and interest. The total is expected to exceed over $1,000,000. (Monique Fraser, et al. v. O’Connor & Associates, et al., Cause No. 4:11-cv-03890)
- Obtaining a unanimous jury verdict in favor of Galveston County, Texas in a Title VII retaliation lawsuit. Plaintiff alleged sexual harassment, sex discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964. Judgment rendered that Plaintiff take nothing and pay court costs. (Tomasa Duran v. Galveston County, Texas; Cause No. 3:14-cv-00186)
- Obtaining a recommendation of summary judgment in in favor of Galveston County, Texas in three-plaintiff lawsuit. All three plaintiffs alleged the County terminated them in violation of the Texas Whistleblower Act and the First Amendment of the United States Constitution and failed to provide them due process of law. Following the federal Magistrate Judge’s recommendation of dismissal, plaintiffs dismissed the case and agreed not to appeal in order to avoid prevailing party costs (Robert Powell et al. v. Galveston County, Texas; Cause No. 3:12-cv-00215)
- Obtaining summary judgment in federal court in Houston in favor of the City of Bay City, Texas on all claims asserted by plaintiffs in a four-plaintiff lawsuit that included claims of age, race, national origin and sex discrimination and also claims of unlawful retaliation (Gonzalo Ayala et al. v. City of Bay City Texas; 4:09-cv-02448)
- Recovering unpaid overtime and liquidated damages on behalf of a misclassified employee in a 1-day arbitration proceeding.
- Obtaining summary judgment on behalf of a lender in a case in which a home buyer asserted fraud, deceptive trade practices and negligence claims against the lender after his house depreciated in value during the years following the purchase transaction, alleging that the lender was “inextricably intertwined” in the sales transaction. (Jerry Judd v. Community Home Loan, LLC; Cause No. 2006-81503)
- Obtaining summary judgment in federal court in Mississippi in favor of a steel maker in a race discrimination lawsuit in which the Plaintiff, a temporary worker, alleged the steel mill first denied him a permanent job because of his race and later fired him in retaliation for filing a Charge of Discrimination with the EEOC. The plaintiff was represented by a former Mississippi Judge. (Billy Brown v. Nucor Steel Jackson, Inc.; 3:08-cv-00021)
- Obtaining summary judgment in Leon County, Texas in a worker’s compensation retaliation case and later successfully arguing the case before the Waco Court of Appeals, which affirmed summary judgment (Roger Willis v. Nucor Corporation, 282 S.W.3d 536)
- Obtaining a Recommendation of Dismissal after an ALJ trial in a “whistleblower” retaliation case brought under the Surface Transportation Assistance Act; later affirmed by the Administrative Review Board (Barrett Riess vs. Vulcraft-Texas, 2008-STA-00011)
- Obtaining a unanimous jury verdict in federal court in Arkansas in a Title VII race discrimination lawsuit in which a longstanding employee was demoted following a series of peer reviews that he claimed were a sham (Gerry Harris v. Nucor Corporation, 2007 WL 1526427)
- Obtaining a unanimous jury verdict in state court in Houston in favor of a grocery store in a non-subscriber premises liability lawsuit in which a former employee sought $1,000,000 at trial for damages to his cervical spine that he claimed resulted from a work-related injury (Paul Bustillos v. Fiesta Mart, Cause No. 2003-24830)
- Obtaining summary judgment on Title VII claims of hostile work environment, denial of promotions and constructive discharge (Algernoa Crenshaw v. Nucor Corporation, 2008 WL 2561935)
- Obtaining summary judgment in a Family and Medical Leave Act (FMLA) interference and retaliation case in which the plaintiff alleged that he was unlawful terminated following his participation in substance abuse treatment (Talmadge Scobey v. Nucor Corporation, 580 F.3d 781)
- Obtaining total victory in favor of a steel maker in a worker’s compensation retaliation case in Leon County, Texas after the Plaintiff voluntarily dismissed the entire case with prejudice during his deposition (David Jensen v. Nucor Corporation, Cause No. PI-05-516 in the District Court of Leon County, Texas)
- Helping business clients and individuals win contested unemployment claims
- Satisfactorily resolving claims for six-figure and even seven-figure confidential sums (with and without the need for litigation) on behalf of executives and other working people whose rights have been violated by employers
- Successfully representing numerous individuals and companies involved in government agency investigations conducted by the United States Department of Labor (DOL), the Occupational Safety and Health Administration (OSHA), the Administrative Review Board (ARB), the Equal Employment Opportunity Commission (EEOC) and the Texas Workforce Commission (TWC)
- Satisfactorily resolving many cases to the satisfaction of corporate and individual clients through mediation and other collaborative efforts that save clients time and money
- Occasionally serving as an expert witness in employment-related litigation matters