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Merritt B. Chastain, III

Shareholder

Contact
E mchastain@wkpz.com
T (713) 961-9045
F (713)961-5341

Merritt B. Chastain, III is a shareholder in WKPZ’s labor and employment, employment litigation, and commercial litigation practice groups.

Mr. Chastain comes to the firm with a deep bench of experience at prior major firms, He has gained a wealth of experience surrounding all aspects of labor and employment law from an initial claim at local labor and employment agencies, such as the NLRB, the EEOC, and OSHA through appeals.

Bar Admissions

 

  • State Bar of Texas
  • Texas Supreme Court
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Southern District of Texas
  • U.S. District Court for the Western District of Texas

Education

  • J.D., South Texas College of Law
  • B.S., Texas A&M University

Additional Information

  • “OSHA’s Enforcement Policies Under the Biden Administration,” Thompson Publishing OSHA Conference, November 14, 2024
  • Will You Take OSHA Citations for $10,000? – Top 10 OSHA Developments of 2022,” Spencer Fane WorkSmarts Seminar, September 15 2022
  • “The Covid-19 Pandemic, Federal and State Guidelines and Rules, and Its Effect on the Oil & Gas Industry,” NAPCA Workshop, August 12, 2021
  • “OSHA and Related Legal Issues Implicated by the Covid-19 Pandemic,” Workplace Safety Symposium, December 21, 2020
  • “Unfair Competition: Drafting and Enforcing Non-Competition Agreements,” Texas Association of Business Employment Relations Symposium, 2020
  • “Constructing and Deconstructing: What’s New in Construction Enforcement and the Law?” Workplace Safety Symposium, New Orleans, December 4, 2019
  • “Retaliation: The Forgotten Leader of EEOC Claims,” Texas Association of Business Employment Relations Symposium, 2019
  • “Managing Employee Leaves: The Interconnection Between Texas Workers’ Compensation, the Americans“ with Disabilities Act, and the FMLA and Best Practices,” Ultimate Software Employment Seminar, 2019
  • “What to do When OSHA Comes Knocking: Tips and Traps,” Thompson Publishing OSHA Conference, 2019
  • “Conflicts When Representing Co-Parties to Litigation in the Unfair Competition Framework,” Annual Ethics Symposium, 2019
  • “How Is OSHA Under the Trump Administration Approaching Enforcement on Construction Worksites?” Workplace Safety Symposium, Nashville, December 5, 2018
  • “Leave Laws: The Interconnection Between Texas Workers’ Compensation, the Americans with Disabilities Act, and the FMLA,” Texas Association of Business Employment Relations Symposium, 2018
  • “OSHA Recordkeeping Changes; Strategies for Addressing OSHA After Citations are Issued,” Thompson Publishing OSHA Conference, 2018
  • “The FLSA and Developing Trends,” Ultimate Software Employment Seminar, 2018
  • “What Would Your Mother Say? There’s More to Proper Ethics Under the Texas and Model Rules,” Annual Ethics Symposium, 2018
  • “The New FLSA Regulations: What to Watch Out For Under the New Regime,” Texas Association of Business Employment Relations Symposium, 2017
  • The Civil Rights Acts of 1866 and 1871, Employment Discrimination Law, Second Cumulative Supplement (Jordan, ed.),1998
  • Applicant Screening: Prohibitions and Necessary Inquiries, Tex. Lab. Letter, 1997
  • The Guiding Light or Simply More Disarray?: A Principled Analysis of the After-Acquired Evidence Doctrine After McKennon v. Nashville, S. Tex. L. Rev. (Banner Pub. Co.), November 1995
    • Best Lawyers in America, 2021-2026
      • Commercial Litigation
      • Employment Law – Management
      • Labor Law – Management
      • Litigation – Labor and Employment
    • Texas Super Lawyers, Rising Star, Employment & Labor; Employee Benefits / ERISA, 2005-2006, 2008
    • H Texas Magazine, Top Professional on the Fast Track, 2006
  • Texas Supreme Court (1995-1996)
  • Briefing Attorney, The Honorable Craig T. Enoch
  • Assessed petitions for writ of error, prepared written evaluations of petitions and delivered oral presentations to the Court as a whole, and drafted opinions for Justice Enoch.

Representative Experience

  • Successful results in union organizing and decertification campaigns, collective bargaining, unfair labor practice charges, strikes and picketing, labor arbitrations related to contract interpretation and employment decisions, including the successful defense of grieved terminations by high-ranking elected union officials.
  • Regularly represents corporate clients in trials in federal and state court and has argued before the Texas Supreme Court, the Texas Courts of Appeals, and the Third and Fifth U.S. Circuit Courts of Appeals.
  • Argued before the Texas Supreme Court and obtained a unanimous decision in a case involving alleged unpaid stock options and a complex jurisdictional dispute.
  • Achieved favorable judgments in two multi-employee disparate impact and disparate treatment age and race discrimination lawsuits, one of which involved 35 plaintiffs.
  • Received favorable judgments in several OSHA trials, including several employee death cases and cases in which the penalties exceeded $1 million.
  • Handled class action and collective action lawsuits under ERISA, the federal discrimination laws, and the Fair Labor Standards Act, including successful litigation of class certification and negotiation of settlements.
  • Achieved favorable judgments in other lawsuits involving race discrimination, sexual harassment, age discrimination and other forms of discrimination prohibited under federal and state law.
  • Obtained summary judgments and dismissals in numerous cases involving all aspects of employment discrimination and common law claims related to the employment relationship.
  • Achieved favorable verdicts in commercial litigation matters concerning breaches of contract, stock options, and issues related to acquisitions of business entities.
    • Frequently enforces non-competition and non-solicitation covenants and prevents the misappropriation of trade secrets in state and federal courts through the attainment of restraining orders and injunctions and ultimate judgments.

    • Practice Areas

    • Employment Law and Litigation
    • Employment and Executive Contracts
    • Employment Discrimination
    • Wage and Hour (FLSA)
    • Traditional Labor
    • National Labor Relations Act
    • Railway Labor Act
    • Occupational Safety & Health Law
    • Business and Commercial Litigation
    • Real Estate Litigation
    • Department of Labor Claims
    • Wage and Hour Audits
    • OFCCP Audits
    • Class Ceiling Audits
    • Department of Transportation Claims
    • Surface Transportation Assistance Act
    • Federal Motor Carrier Safety Act
    • ERISA Litigation

    Industries Served

    • Cargo Transportation
    • Airlines
    • Railroads (Class I and Class II)
    • Energy & Renewable Energy
    • Oil & Gas (Upstream and Midstream)
    • Construction
    • Real Estate Development
    • Retail Establishments
    • Storage Providers
    • Manufacturing (Steel, Pipe, Coatings, Apparel)
    • Professional Services (Recruiters, Insurance, Financial)
    • Beauty & Aesthetics Industry

    Practice Areas

    Labor & Employment
    Litigation