Employment Law

[3703] Employment Law
Learn the latest about the ADA, Civil Rights Act of 1991, Rehab Act of 1993 and the FMLA of 1993.

Presentation Info:

• TAHC&H Event | HCSSA Administrator Conference | Recorded for On-Demand Access
• Presentation Date | November 14, 2022

Education-Training Credits:

• TX HCSSA Administrator/Alternate Continuing Education
• 1.5 Clock Hr(s)

HCSSA Topic(s) Addressed:

• §558.259[c][2][C]the Americans with Disabilities Act
• §558.259[c][2][D]the Civil Rights Act of 1991
• §558.259[c][2][E]the Rehabilitation Act of 1993
• §558.259[c][2][F]the Family and Medical Leave Act of 1993
• §558.260[a][3]basic principles of management in a licensed health-related setting

Program Description: This presentation provides an understanding of recent legislative and litigation trends, as well as best employment practices to follow to minimize the risk of employment claims and lawsuits and keep your agency on the right track. In addition, agencies will learn the latest with the ADA, Civil Rights Act of 1991, Rehab Act of 1993 and the FMLA of 1993.

TAHC&H Faculty/Presenter(s): Kimberly R. Stuart, Shareholder, Crain, Caton and James

About the Presenter(s):
Kimberly R. Stuart practices appellate law, commercial litigation, and employment and labor law.

As the oldest of her generation in a very large Italian family from Brooklyn (who got to Texas as quickly as she could), Kimberly learned early that to be heard, you have to get into the action, make your point quickly, and be ready to defend it. Kimberly puts this experience to use in her practice by dealing with her clients openly and frankly.

Kimberly began her legal career as a briefing attorney to Judge Margaret Garner Mirabal on the Court of Appeals for the First District of Texas. That experience helped her to identify what it takes to preserve a record at trial and what judges look for in appellate briefing.

Kimberly’s representative employment law experience includes successfully defending employers in FLSA wage actions and Title VII litigation. She has also effectively represented employees and employers in matters related to covenants not to compete and fiduciary duties. Additionally, Kimberly has successfully defended her clients, from Fortune 500 companies to sole proprietorships, in products liability matters including toxic tort defense and appeals. In the area of premises liability, Kimberly won victories for Fortune 500 companies, such as Walmart and Home Depot, in state and federal appellate courts. Kimberly knows that the key to a good settlement is strong trial preparation. She prides herself on building lasting and solid relationships with her clients so she can anticipate their needs and guide them to the best decision, whether it is to compromise or go the distance.

An important part of Kimberly’s practice is helping her clients avoid litigation altogether through reviewing contracts, examining trade secret and confidential information protection, conducting self-audits to ensure regulatory compliance, and assisting clients with best practices training and compliance. In her employment practice outside the courtroom, Kimberly handles all varieties of employment disputes, including claims of discrimination, retaliation, harassment, wrongful termination, breach of contract, and employment-related torts. She drafts, evaluates, and updates personnel handbooks, workplace policies, employment contracts, and severance agreements.

Kimberly has defended numerous clients in matters before the Equal Employment Opportunity Commission, Texas Workforce Commission, and the Department of Labor, as well as other state and federal agencies, resulting in dismissals.

[3703] Employment Law