On July 8, 2024, the O’Brien Law Firm sued Simwin Sports, Inc. on behalf of a former executive who claims over $526K in unpaid compensation from the company. The firm is also asking the court to clarify its client’s rights with respect to awarded equity and company-issued SMWN crypto tokens. As the lawsuit alleges: O’Brien’s […]
On May 13, 2024, the O’Brien Law Firm filed a second lawsuit on behalf of a former sales representative for Equifax, for over $356K in unpaid commissions. After the federal government passed the Employee Retention Credit (ERC) in response to the COVID-19 pandemic, Equifax saw an opportunity to help companies audit their records to identify […]
Kerry O’Brien has been selected as a Texas Super Lawyer® by the Thomson Reuters publishing conglomerate for the second year in a row. This is a distinction that is awarded to less than 5% of Texas lawyers each year. Kerry will be listed as a Texas Super Lawyer® for Employment & Labor Law in the […]
On December 20, 2024, the O’Brien Law Firm sued Austin-based Ally Medical Management, LLC on behalf of a former executive, to pursue likely in the range of $175K-$275K of unpaid incentive compensation (depending on data that will be disclosed during the lawsuit). The company currently operates seven Ally Emergency Medical Room clinics in Austin and […]
On November 9, 2023, the O’Brien Law Firm sued MORSCO Supply LLC dba Dallas-based REECE USA on behalf of a former employee who alleges that she is entitled to a $41,000 annual Profit Share Bonus. Upon the close of the company’s fiscal year at the end of September 2023, the company provided the former sales […]
On September 13, 2023, the O’Brien Law Firm filed suit in a Bell County, Texas state district court on behalf of a former sales representative for Equifax. This firm’s client procured business customers for Equifax’s tax credit audit services, sold through the company’s HIREtech business division. The sales rep would procure the customer, and Equifax […]
On August 31, 2023, the O’Brien Law Firm sued Semi-Trailer Big Box of Dallas (on I-35 in Waxahachie) and Atlanta, GA for a successful former salesperson’s substantial unpaid incentive comp. The company operates sales and rental outlets for semi-trailer equipment as well as construction yard work trucks. The sales rep did millions of dollars in […]
On May 25, 2023, the O’Brien Law Firm filed suit on behalf of 18 field inspectors in the United States District Court for the Southern District of Texas for over $1 million in unpaid bonuses and unpaid overtime pay and penalties. That case is Butler, et al. v. Access Restoration Services US, Inc., et al., […]
On April 5, 2023, the O’Brien Law Firm filed suit against Cognitus Consulting, LLC, a global firm specializing in SAP consulting (Systems, Applications, and Processes) for companies to help those companies find and implement the software applications that are right for their operations. O’Brien’s client T.S. is a highly-skilled consultant and practice manager whose compensation […]
In February and March 2023, the O’Brien Law Firm filed arbitrations for two former employees of 3B Inspection, LLC of Tarrant County, Texas. 3B Inspection provides safety inspectors for pipeline projects in Texas and New Mexico. Both of these former employees of 3B Inspection worked in Texas and were paid on a day-rate basis. That […]
Texas employment attorney Kerry O’Brien was recently interviewed for and quoted in an article by the Harvard student-run newspaper, the Harvard Crimson, concerning a company’s failure to pay and communicate with its workers after an acquisition. That article is ‘Ghosted’: Clients, Mentors Seek Money and Answers from Harvard Dropout’s College Admissions Startup, published March 24. […]
Super Lawyers by Thomson Reuters is the premier attorney recognition publication in the legal profession. Kerry O’Brien of the O’Brien Law Firm was just named a 2023 Texas Super Lawyer. The Super Lawyers organization selects lawyers based on a multi-step process, which includes nominations by other lawyers, peer ratings, and research by the organization to […]
On December 27, 2022, the O’Brien Law Firm, in conjunction with co-counsel Gasper Law PLLC, filed a class action case for potentially hundreds of desk insurance adjusters nationwide who work or have worked in the past three years for Catastrophe Response Unit, Inc. (CRU). The initial lawsuit was filed on behalf of three desk adjusters […]
In March 2022, the O’Brien Law Firm represented Austin commercial real estate agent T.S. against Austin commercial real estate development firm and broker Canvas Properties, LLC, run by Rance Clouse, for T.S.’s unpaid commissions in connection with the sale and lease of commercial units at the Fourth& project at Fourth and Chicon St. in east […]
One job position commonly treated as exempt from overtime, but which appears to be non-exempt under the law (must be paid overtime pay), is a CAD (computer-aided design) drafter. CAD drafters typically use programs such as AutoCAD, IntelliCAD, and Siemens Solid Edge. While CAD drafters typically work on technical designs for complex machinery and structures, […]
On May 18, 2022, the O’Brien Law Firm filed suit in a Travis County court on behalf of a former employee of an Austin-based technology startup geared towards governmental entities. The employee was laid off, but the company failed to pay his promised bonus for the 4th Quarter of 2021. At first, the employee’s manager […]
In February 2022, just before a sales representative and his former employer were about to start a jury trial over his claim for over $200,000 in unpaid sales commissions, the parties settled the dispute on confidential terms. In that case, Cause No. 19-E-0107 in the 130th Judicial District Court of Matagorda County, the sales rep […]
On October 25, 2021, the O’Brien Law Firm filed suit against Houston-based B and W Energy Services, Inc. on behalf of sales representative W.M. who is due, as alleged in the lawsuit, at least $129,000 in unpaid commissions for his procurement of valuable industrial cleaning projects on behalf of B and W with companies such […]
In August 2021, the O’Brien Law Firm took on a case where the firm’s client had already filed a Texas Workforce Commission wage claim that the TWC had 98% denied. Before the client’s TWC wage claim appeal hearing, the client reached out to the O’Brien Law Firm to take on the case at that point. […]
In a dispute settled on confidential terms, the O’Brien Law Firm was able to help the firm’s client recover $42,000 in unpaid bonus money in their pocket, without having to file a lawsuit. In that case, the employer contended that the sales representative was not entitled to the annual bonus because the sales rep left […]
The O’Brien Law Firm recently represented two Abilene sales representatives with a large telecommunications provider in a Texas sales commission dispute in federal court. That case was Civil Action No. 1:19-cv-00147-H, in the federal court for the Northern District of Texas, Abilene Division. In the case, the two sales representatives were part of a sales […]
On May 20, 2021, the O’Brien Law Firm sued an Austin-based cybersecurity startup on behalf of two former employees who claim that the company failed to recognize their equity interests in the company for purposes of a buyout opportunity during a recent significant private equity investment round. O’Brien’s clients claim that had their interests been […]
In May 2021, the O’Brien Law Firm was able to help an independent contractor recover 100% of their unpaid billings due for months of work, from an out-of-state LLC. In this case, the firm’s client was placed to do work at a site in Texas on behalf of a staffing service operating out of another […]
On April 8, 2021, the O’Brien Law Firm filed a lawsuit in a Houston federal court on behalf of four former shore tankermen for a New Orleans-based marine transportation services company that provides barge and dock services at ports along the Louisiana and Texas coasts. The suit is also filed as a “collective action” under […]
In early 2021, after filing for an arbitration with a national arbitration organization, the O’Brien Law Firm obtained a $40,000 settlement of an employee’s claim for unpaid compensation from their former employer, with the employee pocketing $27K after fees and expenses. The client paid nothing out of the client’s pocket to the firm to handle […]
In early 2021, after filing for an arbitration with a national arbitration organization, the O’Brien Law Firm obtained a $100,000 settlement of an employee’s claim for unpaid compensation from their former employer, with the employee pocketing $70K after fees and expenses. The client paid nothing out of the client’s pocket to the firm to handle […]
The O’Brien Law Firm has been representing a former firefighter for a Highland Lakes-area city in Austin federal court, over his claim that he was terminated by the city in violation of his rights under the USERRA – the Uniformed Services Employment and Reemployment Rights Act – in connection with his military service and frequent […]
On August 14, 2020, an arbitrator for the American Arbitration Association issued an Interim Award for the firm’s client, for over $376,000. The arbitrator subsequently increased the award to over $425,000 for attorney fees and costs. The firm’s client is a former VP for Revolution Insurance Technologies, Inc., an Austin-based insurance tech company. The then-company […]
On January 6, 2020, the O’Brien Law Firm represented an H-1B visa worker from India, who was being sued by Texas-based company Software Global, in a trial in Travis County Court-at-Law No. 2. It appears that Software Global has been engaging in a pattern of promising a job in the United States to Indian workers, […]
On October 4, 2019, the O’Brien Law Firm obtained a final judgment for an out-of-state client against a Texas-based mobile device automation company. O’Brien’s client was a former company VP who was denied his full compensation, including substantial bonuses and severance pay, due to mismanagement of the company even while the company was generating and […]
On October 17, 2019, Kerry O’Brien, with the help of Lance Cawthon of Cawthon Law, P.L.L.C., won a $504,000 jury verdict against a company in favor of the company’s former VP of Business Development, in a Waco federal courtroom, after a three-day jury trial, on a breach of contract claim for unpaid commissions. O’Brien and Cawthon […]
On June 13, 2019, Judge Jane Boyle of the United States Federal District Court for the Northern District of Texas, Dallas Division, granted the O’Brien Law Firm’s request (working with co-counsel Kay Goggin of the Goggin Law Firm of Dallas) to send “notice to participate” to 300 current and former Etech chat representative employees who […]
In April 2019, the O’Brien Law Firm sued Austin-based Brinqa LLC, a cybersecurity risk management company headed by Amad Fida and Hilda Perez, over allegations that Brinqa failed to pay these two former employees hundreds of thousands of dollars of commissions due. Brinqa appears to be trying to engage in a common practice that the […]
On December 14, 2019, board certified employment attorney Kerry O’Brien was selected to participate in the 2019 Austin Bar Association Leadership Academy. The Leadership Academy is dedicated to helping Austin lawyers selected to the program connect with and serve their community and each other in high-quality ways. The group will be working on fundraising for […]
On September 5, 2018, board-certified employment attorney Kerry O’Brien participated as the “employee lawyer’s perspective” for the “Who is the client?” presentation to the Austin Bar Association Labor & Employment Section. The panel discussion with Kerry and three employer-side attorneys discussed the ethical considerations involved in determining when someone is, and is not, a “client.” […]
On June 21, 2018, the O’Brien Law Firm sued Compass Datacenters, LLC on behalf of the firm’s client, a former sales director who, as the lawsuit alleges, was denied $200,000 in earned commissions from his work on the Tierpoint Tulsa Datacenter lease and a project for American Electric Power. In June 2017, Compass Datacenters’s CEO, […]
In a two-day trial to the bench on September 11-12, 2017, the O’Brien Law Firm presented its client’s case in a federal trial to the bench in Civil Action No. 4:16-cv-00415, in the Southern District of Texas – Houston Division. The defendants are the legal entities and owners for a chain of car stereo retail stores […]
On January 16, 2018, the O’Brien Law Firm firm sued entities doing business as ETECH GLOBAL SERVICES, on behalf of two former call center workers and all of their former coworkers who were also denied overtime pay and regular pay that they had rightfully earned. In the suit, the Dallas call center workers allege that […]
On October 5, 2017, the O’Brien Law Firm obtained a final judgment against Toolmen Corporation of Georgetown, Texas, for $78,207.55 in lost wages and attorney fees for an engineer who was denied his full salary repeatedly over the course of a year’s time. That case was Cause No. 17-0619-CC2, in Williamson County Court-at-Law No. 2. After […]
On September 26, 2017, after a two-day jury trial, a federal jury in Waco, Texas rendered a unanimous verdict for a deserving O’Brien Law Firm client, awarding her $25,000 for thousands of hours of overtime that she worked nights and weekends over almost 3 years’ time. The amount the jury awarded her was a little […]
On April 6, 2017, a Dallas County district court jury awarded an O’Brien Law Firm client $176,000 due to the wrongful disposal of the client’s belongings in her apartment. The client testified that in August 2012, she went on a trip to visit family in Florida. Although she was late on rent, the apartment manager told […]
In March 2017, the O’Brien Law Firm helped 6 hardworking insurance adjusters obtain a total award of back pay and personal expenses of over $200,000 (after attorney fees) for their terminations. Once these adjusters got ahold of Kerry O’Brien, he promptly filed complaints on their behalf with the federal National Labor Relations Board, Fort Worth […]
In March 2014, O’Brien Law Firm helped two hard-working employees prevail against federal contractor Stobil Enterprises in San Antonio on claims of unpaid overtime pay and retaliation for filing an overtime complaint under the Fair Labor Standards Act. The federal jury and court awarded our clients over $60,000 in damages, attorneys fees and court costs […]
On December 18, 2014, Kerry O’Brien of the O’Brien Law Firm tried a case against the TWC on behalf of a claimant who had received out-of-work benefits. That case is Cause No. 12-547-C368, in the 368th Judicial District Court of Williamson County. Although the TWC only needed to show a small amount of evidence of […]
On July 10, 2014, O’Brien Law Firm filed suit on behalf of property management company Greystar Partners Services, LP, for failing to pay a former assistant property manager all of her overtime pay under the federal Fair Labor Standards Act. According to the complaint, the company failed to pay overtime in various ways, including requiring […]
On May 7, 2014, Kerry O’Brien was the featured speaker for the Austin Bar Association Labor & Employment Law group’s monthly meeting, speaking to local employee and employer attorneys on the Texas Workforce Commission appeals process. As a TWC hearing officer, Kerry handled over 800 appeals on unemployment benefits. Now, for the past six years […]
On March 29, 2014, Kerry O’Brien served as one of three community judges for the 10th annual Austin Rose of Tralee Festival, held at the Fado Irish pub in downtown Austin. The Rose of Tralee festival is an international festival that has been based out of Tralee, County Kerry, Ireland since 1959. Every year for […]
On March 11, 2014, a unanimous federal jury in San Antonio found that federal contractor Stobil Enterprises had engaged in unlawful retaliation under federal law when it fired employees Reyes and Houston for filing a complaint for unpaid overtime. Reyes and Houston worked as cooks in the kitchen of a veterans’ rehab facility in San […]
On March 7, 2014, a Bell County judge awarded O’Brien Law Firm client and retired veteran Michael Williams judgment against Atlanta music promoter Brian Clay for more than $661,000, including $171,000 in attorney fees. In late 2011 and early 2012, Williams invested $263,500 in two concerts to be arranged and promoted by Clay that were […]
On February 28, 2014, federal Judge Sam Sparks awarded an O’Brien Law Firm client $36,900 for unpaid overtime wages and liquidated damages. The client worked as a short-haul truck driver for the employer for many years, and was paid on a per-load basis. Unfortunately for the employer, the driver was not exempt from the provisions […]
On February 22, 2014, Kerry O’Brien was the selected speaker for the People’s Law School at the UT School of Law to educate the general public on the rights of employees in Texas. The engaging presentation covered practical issues for employees, such as discrimination, retaliation, what it means to work in a hostile work environment, […]
On July 8, 2024, the O’Brien Law Firm sued Simwin Sports, Inc. on behalf of a former executive who claims over $526K in unpaid compensation from the company. The firm is also asking the court to clarify its client’s rights with respect to awarded equity and company-issued SMWN crypto tokens. As the lawsuit alleges: O’Brien’s […]
On May 13, 2024, the O’Brien Law Firm filed a second lawsuit on behalf of a former sales representative for Equifax, for over $356K in unpaid commissions. After the federal government passed the Employee Retention Credit (ERC) in response to the COVID-19 pandemic, Equifax saw an opportunity to help companies audit their records to identify […]
