Image: Kindall James
Kindall
Kindall C. James
Shareholder, Houston
1001 Fannin Street
Suite 1800
Houston, Texas 77002

Overview

Kindall James is a labor and employment lawyer who helps her clients resolve difficult HR and personnel issues that run the gamut from employees sending inappropriate emails, text messages, and strange pictures to one another, to more serious issues involving workplace violence and threats.  She counsels employers, business owners and managers, and defends them in a wide variety of employment-related disputes in the state and federal courts of Texas and Louisiana.  This includes defending employers against claims under the Fair Labor Standards Act, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act (ADA), ERISA, and other federal and state laws. Kindall also handles claims involving on-compete agreements, trade secrets, and unfair trade practices and competition.  

Kindall has helped her clients secure summary judgments dismissing baseless employment claims in numerous cases.  She has also helped them make smart decisions about when to settle a dispute.  For example, one of her clients was accused of discrimination based on race.  After investigating the claim, Kindall determined that there were potentially damaging facts and was able to assist the client with reaching a settlement of the dispute for a nuisance value before it progressed to litigation.

Kindall also often assists employers with what she likes to call “defensive drafting” of key policies, personnel forms, and disciplinary documents that can help put employers in a better position in the event that they are sued by their employees.  

Companies and industry groups often invite Kindall to speak on current labor and employment issues, and she is frequently published on employment law topics.

"My clients aren't industry-specific," Kindall explained.  "I represent a lot of oil and gas companies because that's an important part of our regional economy; however, I also work with clients in the hospitality, engineering, construction, and other sectors."   

Experience

Kindall has handled difficult claims and disputes involving discrimination, retaliation and other complex labor and employment issues – in cases such as the following:

  1. Pegasus Int’l v. Champagne, 2012 U.S. Dist. LEXIS 163604, 2012 U.S. Dist. Lexis 163620, 2012 U.S. Dist. LEXIS 163682 (W.D. La. 2012) (enforcement of arbitration agreements and stay of litigation pending arbitration)

  2. McClung v. Shell Chemical LP, 2012 U.S. Dist. LEXIS 138115 (M.D. La. 2012) (dismissal of age, sex, and race discrimination claims on summary judgment)

  3. Marcella v. Ochsner Health System, 2011 U.S. Dist. LEXIS 120863 (E.D. 2011) (dismissal of ERISA claim for benefits on summary judgment)

  4. Marcella v. Ochsner Health System, 2010 U.S. Dist. LEXIS 114883 (E.D. La. 2010) (dismissal of claim for employee benefits for failure to exhaust administrative remedies under ERISA)

  5. Hardy v. Shell Chemical LP, 2010 U.S. Dist. LEXIS 69380 and 2010 U.S. Dist. LEXIS 17943 (E.D. La. 2010) (dismissal of age discrimination and retaliation claims on summary judgment)

  6. Love v. Motiva Enterprises LLC, 349 Fed. Appx. 900 (5th Cir. 2009) (dismissal of same sex, sexual harassment and retaliation claims on summary judgment)

  7. Noorani v. Motiva Enterprises LLC, 2009 U.S. Dist. LEXIS 112417 (E.D. La. 2009) (dismissal of race / national origin discrimination claim on summary judgment)

Involvement

Professional

  • Member, ABA, Section of Litigation, Employment & Labor Relations Law Committee

  • Member, New Orleans, Louisiana State and American Bar Associations

Community

  • Board of Directors, New Orleans Speech and Hearing Center

Presentations

  • "Harassment in the Workplace: Awareness and Legal Issues in the #metoo Era," BP In-House CLE Presentation, June 25, 2018, Houston, TX

  • "Health Care Reform Update," The Various Chemical Companies of Texas and Louisiana Conference, Baton Rouge

  • “The Not-So-Independent Contractor & Addressing the Challenging Classification Questions Presented by Today’s Workforce,” moderator and speaker, Employment & Labor Relations Law 2017 Seminar, September 28, 2017, Dallas, TX

  • “Jeopardy in the Workplace,” Current Developments in Labor & Employment Law Seminar, Sponsored by LSU Law Center and LSBA Section on Labor & Employment Law, March 1, 2013

  • “Social Media & Litigation: How Facebook Can Be Used Against You in a Court of Law,” Liskow & Lewis, Holiday Luncheon, December 5, 2012

  • “Employment Law Update,” Various Chemical Companies of Louisiana and Texas, Spring Conference, April 19, 2012

  • “Laws that Impact an Employer’s Ability to Monitor Employee Communications and Social Networking,” ABA Committee for Liaison with EEOC, OFCCP, and DOJ, Monthly Meeting, September 21, 2011

  • “Contract Workers and Other Employment Issues,” National Association of Professional Geriatric Care Managers, Annual Conference, May 12–15, 2011

  • “The Current State of the Law on Mandatory Arbitration Policies in Employment,” ABA Committee for Liaison with EEOC, OFCCP, and DOJ, Monthly Meeting, September 15, 2010

  • “An In-Depth Look at Louisiana’s Wage Payment Statute,” ABA Committee for Liaison with EEOC, OFCCP, and DOJ, Monthly Meeting, September 24, 2008

After Hours

"I am usually taking care of my two small kids (ages 4 and 6), but when I have free time, I like to binge watch a good series on Netflix.”