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David L. Kern

Overtime Pay Lawyer
Board Certified Specialist in Labor & Employment Law
Texas Board of Legal Specialization

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About David L. Kern:

David L. Kern received his law degree from the University of Texas School of Law in Austin, Texas in 1983 where he served as an Editor on the Texas Law Review. He is licensed to practice law in Texas and the District of Columbia and has been Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization since 1993. David’s fellow lawyers have recognized him in Texas Super Lawyers (2006 - 2014) and Best Lawyer’s In America (2005 – 2014). He is admitted in many courts including: the U.S. Supreme Court, U.S. District Courts for the Western and Northern Districts of Texas, the U.S. Court of Federal Claims, the U.S. Courts of Appeals for the Fourth, Fifth, D.C., and Federal Circuits, and the Texas Supreme Court.

David’s law practice has a strong emphasis in wage and hour class action work. For more than 20 years he has conducted a nation-wide practice in the representation of classes of current and former employees in wage and hour class actions, successfully representing thousands of individuals in such matters in Arizona, California, Colorado, the District of Columbia, Florida, Hawaii, Illinois, Indiana, Kansas, Louisiana, Michigan, Mississippi, New Mexico, New York, Rhode Island, Texas, Virginia and Washington (state).  He  also  provides services as an expert consultant and mediator in wage and hour class actions. David also has represented individuals and groups in claims of employment discrimination, sexual harassment, workplace safety, retaliation, and whistleblower violations. He also practices traditional labor law and has worked actively with many unions including AFSCME, TSTA, the Federation of Teachers, IUOE, SMW, IATSE, and several Municipal Police Officer Associations.

David is a frequent author and speaker on labor and employment law topics and has spoken at numerous local, regional, and national seminars as well as internationally at seminars in both Canada and Mexico. Among his recent papers and presentations are:

  • Developments in FLSA Litigation, Alabama Employment Lawyers Fall Seminar, November 2014, Birmingham, Alabama;
  • Strategic Developments Under the FLSA, 25th Annual Labor and Employment Law Institute, State Bar of Texas ("SBOT"), September 2014, San Antonio, Texas;
  • FLSA Update, 22nd Annual Advanced Employment Law Course, SBOT, January 2014, Dallas, Texas;
  • Strategic Thinking in Defeating FLSA Defenses, National Employment Lawyers’ Association ("NELA"), 2013 Spring Seminar, March 2013, Chicago, Illinois;
  • Representing Immigrant Workers in Sexual Harassment Cases, Employee Rights Advocacy Institute for Law & Policy, March 2013, Chicago, Illinois;
  • FLSA Collective Actions, 4th Annual Law Update & Employment Law Seminar, New Mexico Employment Lawyer’s Association, March 2013, Albuquerque, New Mexico;
  • FLSA Update, 20th Annual Advanced Employment Law Course, SBOT, January 2013, Dallas, Texas;
  • Representing Government Employees in FLSA and State Law Wage Actions, NELA – 2011 Fall Seminar, October 2011, Washington, D.C.;
  • FLSA Update, 19th Annual Advanced Employment Law Course, SBOT, January 2011, Austin, Texas;
  • FLSA Update, 20th Annual Labor and Employment Law Update, SBOT, October 2009, Austin, Texas;
  • Representing Workers in Individual & Collective FLSA Actions, NELA – 2007 Fall Seminar, October 2007, New Orleans, Louisiana;
  • 16th Annual Advanced Employment Law Course, SBOT, February 2008, Houston, Texas;
  • 15th Annual Advanced Employment Law Course, SBOT, February 2007, Dallas, Texas;
  • 17th Annual Labor and Employment Law Update, SBOT, October 2006, Santa Fe, New Mexico.

David also served as an Adjunct Professor of Employment Law for the Business School at the University of Texas at El Paso, (2003 - 2006), and has been recognized in Who’s Who Among American Teachers. He has served as a repeat guest speaker on the local El Paso television program “Legally Speaking” to discuss labor and employment law issues. David also is the author of La Frontera Verde: The Green Frontier of Sexual Harassment Law in REPRESENTING EMPLOYEES IN SEXUAL HARASSMENT CASES, Aspatore Books (2012), and the co-author of Opposing Discriminatory Discharges in THE EMPLOYEE AND UNION MEMBER GUIDE TO LABOR LAW, West/Thomson Reuters.

Since 1992, David has been an active member of the National Employment Lawyer’s Association. He has served on the National Board of Directors of NELA since 2004, and served on the Board of Directors for the Texas Employment Lawyer’s Association for many years beginning in 2006. He is also a longtime member of the American Association for Justice (formerly ATLA) and the Labor and Employment Section of the National Lawyers Guild. David also has served in leadership roles for many years in numerous community organizations.



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David L. Kern is a Board Certified Specialist in Labor & Employment Law who has practiced labor and employment law for more than 30 years. He received his Board Certification from the Texas Board of Legal Specialization in 1993.  Less than 1% of Texas attorneys receive this Certification.  Mr. Kern's fellow lawyers have recognized him in Best Lawyer's In America (2005 thru 2014) and Texas Super Lawyers (2006 thru 2014). For more than 20 years, Mr. Kern has successfully represented thousands of workers in class action overtime pay litigation throughout the nation.

Most potential clients contact Kern Law Firm by transmitting an Overtime Claim Form via the internet.  If you prefer, you may print the Overtime Claim Form and mail it to us or fax it to (915) 242-0000.  Submission of the Overtime Claim Form, use of this website, or other contact with Kern Law Firm or David L. Kern does not create an attorney-client relationship.  Such a relationship can only be created by a written agreement signed by the client and by David L. Kern.

David L. Kern is the attorney responsible for this website. The principal office of David L. Kern and Kern Law Firm is located in El Paso, Texas. (c) 2014 David L. Kern, All Rights Reserved. No copyright claimed to U.S. Government works.