Joseph Dole

Senior Counsel
Norton Rose Fulbright US LLP

Houston
United States
T:+1 713 651 3518
Houston
United States
T:+1 713 651 3518

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Biography

Joe joined Norton Rose Fulbright in 2016, bringing with him a diversity of experience that has made him a trusted advisor to human resource professionals and executives.  That experience includes:  partner level counseling and representation of management in a wide range of labor and employment law matters; service as North American in-house labor and employment counsel and general counsel to a FTSE 100 company; and teaching traditional labor law, employment discrimination and other subjects at both Cornell Law School and the Syracuse University College of Law. 

Joe's practices focuses on core labor and employment matters, including: wage and hour compliance; litigation of FLSA collective actions; traditional labor law, including collective bargaining, labor arbitration and practice before the National Labor Relations Board; and employment discrimination litigation before federal and state courts and EEO agencies. Joe also has extensive experience in EEO compliance, including representation of clients in OFCCP audits, advising on employment separation matters, and conducting investigations of internal discrimination complaints. He has also counseled employers on policy development in a multi-state environment and represented management in  employment contract, non-competition and breach of duty of loyalty matters.


Professional experience

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JD, Senior Editor, Yale Law Journal, Yale Law School, 1988
MPA, Public Administration, Syracuse University, 1985
BA, Government, Cornell University, 1983

  • New York State Bar
  • Texas State Bar

Wage and Hour Litigation and Compliance

  • Representation of employers in litigation challenging use of automatic lunch deductions, regular rate calculation, payment of a day rate, off-the-clock work, and employee misclassification.
  • Counseling employers on exempt vs. non-exempt status, independent contractor misclassification, and a wide variety of other FLSA compliance issues.


Traditional Labor Law

  • Multiple successful labor arbitrations, involving both discharge and discipline and contract interpretation
  • Negotiation of collective bargaining agreements in the healthcare, TIC, general manufacturing and other industries.
  • Successful representation of employers in NLRB unfair labor practice charge investigations and at trial.
  • Representation of employers in NLRB representation proceedings and unit clarification petitions.


Higher Education Labor and Employment

  • Representation and counseling of numerous private colleges and universities in labor and employment matters related to higher education, including Title IX, tenure denial, and student discrimination and accommodation matters.
  • Successful defense of tenure denial cases involving discrimination issues.


Employment Discrimination Litigation

  • Representation of employers in age, race, sex, disability, religion, Equal Pay Act, retaliation, and other discrimination claims.
  • Successful defense of individual plaintiff and multi-plaintiff discrimination cases under Title VII, the ADEA, the ADA, and Title IX for Fortune 50 companies.


EEO Compliance

  • Successful representation of large and small government contractors in OFCCP audits.
  • Counseling of employers and conducting investigations related to internal discrimination complaints.
  • Development of non-discrimination policies, including ADA reasonable accommodation polices.
  • Advising employers on non-discrimination issues related to reductions in force.
  • Advising employers on ADA reasonable accommodation issues and use of the interactive process.


Non-Competition, Duty of Loyalty and Employment Contract Matters

  • Preparation of employment contract, confidentiality and non-competition/non-solicitation agreements.
  • Advising on hiring of prospective employees with non-competition/non-solicitation agreements.
  • Representation of employers in litigation involving breach of the duty of loyalty and breach of non-solicitation and non-competition agreements.
  • Preparation of separation agreements.


Training and Education

  • Conducted training for human resource professionals, executives, and supervisors on union avoidance, avoiding harassment claims, FLSA compliance, non-discrimination, use of arrest and conviction records, independent contractor misclassification and may other issues.
  • Taught both employment discrimination and traditional labor law at the law school level.
  • Co-author, "Fifth Circuit Issues Important Decision on Independent Contractor Status of Highly Skilled Oil Field Workers," Pratt's Energy Law Report, Lexis Nexis, May 2019
  • New York State Bar Association
  • NYSBA Labor and Employment Law Section
  • Texas Bar Association, and Labor and Employment Law Section