Monte K. Hurst

Shareholder & Chairman, Litigation Section

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Monte K. Hurst

Shareholder & Chairman, Litigation Section

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Monte is a zealous advocate for his clients in the areas of employment and business litigation, class action defense, restrictive covenants, trade secrets and fraud.

Monte is an experienced and accomplished litigator, focusing his practice on all aspects of employment law and on business litigation. He effectively represents companies before judges, juries, administrative agencies and arbitrators, defending claims of workplace discrimination, retaliation and denial of overtime pay, and defending and prosecuting contract, non-compete, and fiduciary duty claims. Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization, Monte represents companies of all sizes, from Fortune 500 companies to small startup businesses, including employers in distribution, entertainment, financial services and insurance, healthcare, hospitality, information technology, retail, and transportation.

Monte regularly advises employers how to minimize legal risks in supervising, evaluating, investigating and terminating employees, implementing reductions in force, and creating and applying personnel policies, and drafting and enforcing separation agreements and non-competition agreements. He counsels management on how to achieve business goals while complying with federal, state, and local labor laws and regulations such as the Americans with Disabilities Act, the Family and Medical Leave Act, the Worker Adjustment and Retraining Notification Act, the Employee Retirement Income Security Act, wage and hour laws, and affirmative action obligations. He also provides practical management training on issues such as sexual harassment, documenting employee performance, and accommodating disabled workers.

Monte is a frequent author and presenter of employment law topics.

Representative Experience

Successfully represented an oilfield-produced water disposal and transport company in defense of a collective action under the Fair Labor Standards Act seeking overtime wages; obtained summary judgment in favor of the company validating the workweek employed by the company and obtained an affirmation of the summary judgment at the U.S. Court of Appeals for the Fifth Circuit.
Successfully represented a biomedical equipment servicer in defense of a former employee’s claim that he was terminated because he refused to participate in an illegal activity; obtained a defense verdict at trial.
Successfully represented long-term acute care hospitals against a third-party administrator in prosecution of ERISA claims to recover hundreds of thousands of dollars incurred by the hospitals for treatment of patients but not paid based on the third-party administrator’s denial of claims; obtained a summary judgment in favor of the hospital and obtained an affirmation of the summary judgment at the U.S. Court of Appeals for the Fifth Circuit; recovered over $1 million in treatment costs and attorneys’ fees.
Successfully represented a healthcare company in defense of breach of contract and tortuous interference claims asserted by a former employee; obtained a summary judgment in favor of the healthcare company.
Successfully represented a well-known market and bakery in defense of disability discrimination and FMLA retaliation claims asserted by a former employee; obtained a defense verdict at trial.
Successfully represented a national consumer finance company in defense of hostile work environment and retaliation claims asserted by a former employee; obtained a defense verdict at trial.
Successfully represented a lingerie company in defense of religious, sex, and age discrimination claims asserted by a former employee; obtained a summary judgment in favor of the lingerie company and obtained an affirmation of the summary judgment at the U.S. Court of Appeals for the Fifth Circuit.
Successfully represented one of the largest providers of cleaning, food safety and health protection products and services in defense of claims under the Family and Medical Leave Act asserted by a former employee.
Successfully represented a retirement and assisted living community in defense of an age discrimination claim asserted by a former employee; obtained a summary judgment in favor of the retirement and assisted living community.
Successfully represented one of the largest trucking companies in the industry in two, separate lawsuits in defense of claims of sexual harassment, sex discrimination, and associated tort claims asserted by former employees.
Successfully represented a national distributor of specialty medical products in breach of contract and breach of fiduciary duty claims against a former employee who set up and began operating a competing business while still employed for the distributor; obtained a verdict against the former employee.
Successfully represented a pyrotechnics company against a former employee asserting claims of breach of contract and misappropriation of trade secrets
Successfully represented one of the largest fast food restaurants in defense of a pregnancy discrimination claim asserted by a former employee; obtained a summary judgment in favor of the company.
Successfully represented an international manufacturer of kitchen cabinetry in defense of a pregnancy discrimination claim asserted by a former employee.
Successfully represented a metroplex hospital in defense of a claim that the hospital violated the disclosure requirement of the Fair Credit Reporting Act; obtained a summary judgment in favor of the hospital and obtained an affirmation of the summary judgment at the U.S. Court of Appeals for the Fifth Circuit.
Successfully represented an automobile dealership in defense of claims of sexual harassment and discrimination asserted by a former employee.
Successfully represented a web-based property management software company in defense of a pregnancy discrimination claim asserted by a former employee.
Successfully represented a physician in defense of claims of sexual harassment and discrimination asserted by a former employee.
Successfully represented the voluntary injury benefit plan of one of the largest trucking companies in the industry in defense of a claim under the Employment Retirement Income Security Act asserted by a former employee.

Distinctions & Certifications

Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization
AV Preeminent^® rating by Martindale-Hubbell: Highest peer rating standard, given to attorneys who are ranked by their peers at the highest level of professional excellence for legal expertise, communication skills and ethical standards
Selected to “America’s Top 100 High Stakes Litigators^®” for Northern Texas (2020)
Selected to the “Texas Super Lawyers” list by Thomson Reuters (2004-2011, 2013-Present)
“The Best Lawyers in Dallas” - D Magazine (2007-2009, 2011-2012 and 2014-2020, 2022-2023)
“Dallas’ Best Lawyers Under 40” - D Magazine (2004 and 2006)
Fellow, Texas Bar Foundation: Selection is based on outstanding record in the legal profession and proven commitment to support the community

Professional Activities

Dallas Bar Association - Labor and Employment Law Section
State Bar of Texas - Labor and Employment Law Section
Dallas Association of Young Lawyers

Publications & Speeches

Panelist, “Ethics for In-House Counsel,” at South Texas College of Law, In-House Counsel Conference, July 24, 2013
Author and presenter, “Protected Whistleblower or Ungrateful Whiner: What’s the Law, How to Manage?”, at the South Texas College of Law, Employment Law Conference, July 25, 2013
Author and presenter, “Evidence Issues in Employment Law” at the South Texas College of Law, Employment Law Conference, July 19, 2012
Panelist, “Betrayed! Non-Compete Issues; Employee-Raiding; the Basics of Forensic Investigation; TRO’s and TI’s,” at South Texas College of Law, Employment Law Conference, July 15, 2011
Panelist, “Cutting Edge Ethics: Tomorrow’s Issues, Today,” at South Texas College of Law, In-House Counsel Conference, July 13, 2011
Panelist, “What C-Levels Really Want to Ask: FCPA, Sarbanes Oxley, Individual Liability,” at South Texas College of Law, In-House Counsel and Employment Law Conference, July 14 – 16, 2010
Panelist, “Betrayed!” at the South Texas College of Law, In-House Counsel and Employment Law Conference, July 14 – 16, 2010
Panelist, “(Un)Employment Claim Train: How the Economy is Driving Ever IncreasingEmployment Claims,” at PLUS Texas Chapter, September
Author and presenter, “A Work in Progress: Recent Decisions Regarding the Whistleblower Provision of the Sarbanes-Oxley Act Further Define the Act’s Coverage,” at South Texas College of Law Employment Law Course, July 17, 2009
Moderator, “Betrayed!,” at South Texas College of Law Employment Law Course, July 17, 2009
Author and panelist, “The Hard Stuff: Get the Latest on Intermittent FMLA Leave; Non-Competes; Sarbanes-Oxley Whistleblower Claims and Much More,” at South Texas College of Law In-House Counsel Conference, July 15, 2009
Author and speaker, “Emerging Topics in Employment Law that a Chief Executive Needs to Know,” Vistage, May 14, 2009
Author and speaker, “Top 10 in 2008: Employment Law Update,” at TXANS 19th Annual Nonsubscriber Conference & Presentations Exhibition, April 2, 2009
Author and speaker, “The Not-So-Fine Line Between Fair Competition and Betrayal: Fiduciary Obligations of an Employee Acting as the Employer’s Agent in the Pursuit of Business Opportunities,” at South Texas College of Law Employment Law Course, July 25, 2009
Author and speaker, “Engineering a Sound Workplace in 2008: Employment Laws that Help ou Minimize Risk and Capitalize on Talent,” at McLaughlin Brunson 2008 Loss Prevention / Risk Management Seminar, April 23 and 24, 2008
Author and speaker, “Synergy Between Treating Patients and Managing Employees,” at DFW Healthcare Human Resources Association, February 27, 2008
Author and speaker, “Achieving a Hire Standard: Update on Employment Laws that Affect Your Business,” at DFW Staffing Management Association, January 16, 2008
Author and moderator, “Out of the Closet and into the Courthouse: The Evolution of Second Generation Sex Discrimination Claims” at South Texas College of Law Employment Law Conference, July 12, 2007
Author and speaker, “How to Equip Your Business to Avoid a Lawsuit and How to Handle a Lawsuit if One Occurs,” National Mobility Equipment Dealers Association’s Annual Conference, February 2007
Author, “Shedding Light on Light: How the Texas Supreme Court Has Made it Easier for Employers to Create and Enforce Covenants Not to Compete”, October 2006
Author and speaker, “Not Knowing What You Don’t Know About Workers’ Compensation Discharge Claims in Texas is Dangerous Business” at Basic Workers’ Compensation in Texas, Lorman Educational Services, July 26, 2006
Author and speaker, “Employers May Have a New Ally in the FMLA: How Courts Are Holding Employees Accountable for Their Actions Both During and After Medical Leave” at South Texas College of Law Employment Law Course, July 13, 2006
Author and speaker, “Be Careful What They Ask For: How to Avoid Miscues in Explaining Benefits to Employees in Light of Recent Case Law” at South Texas College of Law Employment Law Course, July 14, 2006
Panelist, “Best Practices: Hiring and Firing Employees” at South Texas College of Law Employment and Labor Law Course, July 9, 2004
Author and speaker, “New Developments in the ADA” at HIPAA, ADA and FMLA in Texas, Lorman Educational Services, January 30, 2004

Practice Areas

Labor & Employment
Litigation

Education

Tulane University, B.A. Political Science, 1993
South Texas College of Law, J.D., 1996

Admissions

State Bar of Texas
United States Supreme Court
United States Court of Appeals for the Fifth Circuit
United States District Courts - All Districts