Arrissa Meyer is an associate in the Labor and Employment Practice Group in the Dallas office of Haynes and Boone, LLP. She has experience in a variety of labor and employment matters, including:
- Providing advice and counsel to employers concerning both traditional labor and employment issues, including strategies for preparing for a strike, avoiding unfair labor practices, handling terminations, educating supervisors about harassment and discrimination, and minimizing risks of litigation.
- Assisting in the defense of clients during EEOC investigations and civil trials involving Title VII, ADA, ADEA, FLSA, TCHRA, sexual harassment, breach of contract claims and employment-related torts.
- Assisting in the defense of clients during DOL investigations and wage and hour lawsuits concerning minimum wage and overtime issues, especially relating to independent contractor classification, the inclusion of bonuses in the regular rate, and payment of employees on a day rate basis.
- Drafting and reviewing separation and release agreements, employment agreements, and non-compete agreements.
- Researching and briefing for arbitration matters regarding credibility disputes and hearsay evidence, adverse inference and skip counsel rule as it applies in arbitration, the classification of a matter as contract interpretation versus disciplinary, past practice and the parole evidence rule, seniority and shift preference, including super seniority for stewards, waiver and just cause, and the applicability of mitigating or aggravating factors.
Arrissa also has extensive research experience regarding labor and employment issues during the bankruptcy process, including:
- The evidentiary showing required for § 1113 relief for debtors in bankruptcy.
- The availability of rejection damages under § 1113.
- The consequences of failing to assume or reject a CBA during bankruptcy.
- Labor and employment issues in § 363 sales, including the effect of 363 sales on § 1113 proceedings, and successor liability issues for purchasers of a debtor's assets.
Recent Publications and Presentations:
- “H.B. 1188: A ‘Get Out of Jail Free Card’ for Texas Employers Hiring Ex-Offenders?”, State Bar of Texas Corporate Counsel Newsletter, Fall 2013.
- “FLSA Hot Topics”, Haynes and Boone Annual Employment Law Update – Dallas, May 2, 2013.
- “Compensation Issues When Determining the Regular Rate,” Wage and Hour Boot Camp, San Antonio Compensation Association, November 13, 2012.
- “Affirmative Action Programs: You May Be Subject to AAP and Not Even Know It!”, co-presenter with Bill Strock, Haynes and Boone Annual Employment Law Update – Dallas, April 24, 2012.
- “CSI: Department of Labor, A Look into DOL Investigations/Enforcement Action and Private Causes of Action under the FLSA”, Lorman Education Services Seminar, March 23, 2011.
- "Title VII - Eighth Circuit Holds That 'Reasonable Accommodation' Language Does Not Require Employers to Eliminate Conflict Between Work and Religious Beliefs," 62 SMU L. Rev. 829 (2009).
Selected Representative Experience
Representation of Client throughout Union Organizing Campaign
Successfully represented employer throughout union organizing campaign, beginning with advice on authorization card drive and request for recognition and continuing through an NLRB election in which the majority of employees voted against unionization. Negotiated election details and scope of bargaining unit with the NLRB, trained supervisors on appropriate campaign communications and conduct, and provided strategic advice to the employer throughout the campaign, including advice regarding captive audience speeches, postings, and mailings, and advice relating to the application of solicitation, distribution, access and other policies. Also provided follow-up advice and counsel, supervisory and management training.
Stephen Robert Herring and Michael Herring v. Eileen M. Campbell, As Plan Administrator of Marathon Oil Company Thrift Plan, No. 11-40953 (5th Cir. 2012).
Represented Marathon Oil Company in its appeal of the district court's decision that its plan administrator abused its discretion by defining the term "children" in an ERISA-governed plan to mean biological and legally-adopted children. A deceased plan participant's stepchildren, who had been denied the proceeds of his plan account by the plan administrator, argued that the plan administrator should have considered the state law doctrine of equitable adoption to determine that they were "children" and therefore entitled to the deceased's benefits. The Fifth Circuit issued an opinion reversing the district court's decision, finding that nothing in the plan or ERISA required the plan administrator to incorporate the doctrine of equitable adoption into the plan's definition of "children."
Reagan Lancaster v. JDA Software Group, Inc. and JDA Software, Inc., County Court at Law No. 5; Dallas County, Texas, 2012, Cause No. CC-10-06840-E
Plaintiff asserted a breach of contract claim, seeking indemnification of fees and expenses he incurred in connection with various litigation stemming from his previous employment as an officer with i2 Technologies, Inc. (i2) (JDA’s predecessor). Plaintiff’s breach of contract claim was based on an indemnification and cooperation provision in the settlement agreement he executed with i2 after his termination from employment. Plaintiff sought damages in excess of $2 million, including a $1.29 million dollar fine he paid to the SEC for alleged wrongdoing that occurred during his employment with i2. After filing a motion for summary judgment, the parties settled the case in mediation on terms favorable to JDA.
RP Holdings Inc. Restructuring
Haynes and Boone was engaged by RP Holdings Inc. in August 2011 to assist in its restructuring efforts. At that time, the company had just hired a new CEO, was facing liquidity challenges due to the nationwide stoppage of foreclosure prosecutions, and had completed internal audits showing a total of approximately $20 million was owed to it by its two largest customers. Its senior secured facility was due to mature in August 2012. In the fall of 2012, the company pursued a restructuring transaction with its private equity sponsors, the secured lenders and the two law firms, which failed to materialize on the eve of a possible closing in early January 2012.
01/13/2014 - Proper Conditional Certification Standard Still Uncertain Despite Fifth Circuit’s Implicit Approval of Two-Step Approach
Based on a review of recent district court cases, uncertainty remains regarding the proper standard for certifying a Fair Labor Standards Act (“FLSA”) collective action in the Fifth Circuit Court of Appeals.
09/25/2013 - Update: OFCCP’s New Rules Become Effective March 24, 2014
As expected, the OFCCP published its new rules regarding veterans and disabled individuals in the Federal Register
on September 24, 2013.
09/17/2013 - OFCCP’s Updated Compliance Manual and New Rules Signal Increased Burdens for Federal Contractors
On August 23, 2013, the OFCCP released an updated version of its Federal Contractor Compliance Manual (“FCCM”). Just four days later, on August 27, 2013, the OFCCP issued the highly-anticipated final rules concerning Section 503 of the Rehabilitation Act (“Section 503”) and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (“VEVRAA”).
06/25/2013 - New Texas Law Limits Liability for Employers Hiring Applicants with Criminal Backgrounds
Many employers are wary of hiring applicants with criminal records because they fear exposing themselves to potential negligent hiring or negligent supervision claims, but they also have concerns imposed by the EEOC’s aggressive interpretation of Title VII that a blanket rule against hiring persons with criminal convictions is a violation of the law.
02/18/2013 - NLRB Roundup: A Year in Review, and a Look Ahead
The National Labor Relations Board (“NLRB” or “Board”) began 2013 as it began 2012, facing questions regarding whether a quorum of its members had been constitutionally appointed.
12/28/2011 - Update: NLRB Delays Notice Posting Rule’s Effective Date
On December 23, 2011, the National Labor Relations Board (NLRB) announced that it would postpone its requirement that employers post a notice informing employees of their federal labor law rights until April 30, 2012.
12/12/2011 - NLRB Roundup Part 2: Board’s Aggressive Agenda Unabated: Required Notice, Rulemaking, Social Media, and the Boeing Case
As promised, Part 2 of our NLRB Roundup takes a step back from the case law summarized in Part 1 to address other issues surrounding the current Board and its effect on the labor law landscape.
10/14/2011 - NLRB Roundup Part 1: Obama Board Continues Apace Reversing Bush Board Decisions, Expanding Labor Laws
Since our last summary, the Obama Board has taken significant steps to further outgoing Chairman Liebman’s stated goal of bringing the Board “back to life after a long period of dormancy.” Our roundup will be addressed in two parts. Part one, that follows, addresses Board decisions and case law developments. Part two will address other issues involving the current Board and its effect on the labor law landscape.
02/09/2011 - NLRB Roundup: More Frequent and Significant Action from Obama Appointees
The Obama National Labor Relations Board (“NLRB”) has started to make its mark on the labor laws through a series of changes that collectively may have a significant impact on the labor law environment.