El Paso

221 N. Kansas, Suite 1700
El Paso, TX 79901
Phone: 915.533.4424
Fax: 915.546.5360


2905 San Gabriel St, Suite 205, 
Austin, TX 78705
Phone: 512.320.5466
Fax: 512.320.5431

Las Cruces

3800 E. Lohman Ave., Suite C
Las Cruces, NM 88011
Phone: 575.527.0023
Fax: 915.546.5360

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Labor and Employment

Kemp Smith has one of the largest and most experienced groups of labor and employment law attorneys in the Southwest. Our labor and employment department exclusively represents employers, both private and public, in a wide variety of labor and employment matters. We litigate before arbitrators, State and Federal Courts throughout Texas and New Mexico, as well as the NLRB, OSHRC, FMSHRC.


  • Wrongful discharge and discrimination claims, including Title VII, ADA, ADEA and other federal and state discrimination laws
  • Retaliation claims under the Texas Workers' Compensation Act
  • Whistleblower claims
  • Defamation, assault and battery and other employment-related torts
  • Wage and Hour Violations
  • Texas Payday Law claims
  • Employee Benefit Issues under ERISA
  • OSHA and MSHA claims

Management and Employee Relations

  • Sexual Harassment Training/Investigation
  • EEOC Charges
  • Training to Reduce Litigation Risks
  • Employee Handbooks and Arbitration Agreements
  • Affirmative Action Plans
  • OSHA and MSHA Compliance and Citations
  • Employment Contracts and Non-Compete Agreements
  • Preventive Counseling
  • FMLA and FLSA Guidance
  • Compensation and Benefits

Labor Relations

  • Union Prevention, Negotiations, and Campaigns
  • Labor Arbitrations