Slide ScottHulse Law Firm in El Paso and San Antonio, Texas and Las Cruces, NM Slide

Rosemary M. Marin

Attorney / Shareholder / Director
Chair – Labor & Employment Section

Contact Info

   915.546.8297
  915.546.8333
  E-Mail Rosemary Marin
  vCard

rosemary-marin-attorney-el-paso-texas

Areas of Concentration

Labor & Employment
Litigation
Education

Education

University of Texas at El Paso – 1986
Bachelor of Science

Texas Tech University – 1991
Juris Doctor

Admissions & Qualifications

State Bar of Texas – 1992

All Texas State Courts

Board Certified, Labor & Employment Law by Texas Board of Legal Specialization

U.S. District Court for the Western District of Texas

U.S. District Court for the Southern District of Texas

Fifth Federal Circuit Court of Appeals.

United States Supreme Court – 2009



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Rosemary Marin, a shareholder and a member of the firm’s board of directors, leads the ScottHulse Labor & Employment Section, and participates actively in the firm’s Litigation and Education practices.

Ms. Marin is board certified in Labor & Employment Law by the Texas Board of Legal Specialization.

Ms. Marin and her colleagues handle the full spectrum of labor and employment practice, on behalf of local, regional, and national clientele, both large and small.

Representing management, Ms. Marin handles employment litigation and regulatory issues (Title VII, Wage/Hour, ADEA, ADA, FMLA, OSHA), labor union matters (NLRB, NLRA), and provides legal and practical advice on implementing business strategies that affect executives and other employees. Ms. Marin’s focus is on both prevention and strong advocacy. She is experienced in providing training and advice to help businesses take proactive steps to prevent employment disputes, but is also a seasoned litigator who aggressively defends against lawsuits and other claims.

Ms. Marin has successfully defended clients against hundreds of charges of discrimination filed with the Equal Employment Opportunity Commission and Texas and New Mexico Commissions on Human Rights, with a success rate of more than 90%. She also has also successfully defended against thousands of workers’ compensation claims, also with a success rate of over 90%.

Ms. Marin is also a highly experienced trial lawyer and has successfully resolved hundreds of lawsuits, as well as claims and administrative charges and investigations arising from those charges. She has defended against discrimination claims based on a variety of topics including, but not limited to, age, race, sex, religion, national origin, harassment, retaliation, disability, family and medical leave rights, veterans’ rights, wage and hour protections, and state tort and contract laws.

Other key services provided by Ms. Marin include: preventive advice and training; alternative dispute resolution and arbitration; counsel on personnel and labor matters arising from sales, mergers and acquisitions, plant closings, and reductions in force; traditional labor matters; and, counsel and training regarding restrictive covenants, trade secrets and non-competition agreements. For additional detail on these services, see Representative Matters, below.

Ms. Marin is actively involved in a number of professional organizations, including: the American Bar Association; Federal Bar Association; Bar Association for Fifth Federal Circuit; State Bar of Texas (Member, Labor and Employment Law, Education, Civil Litigation Sections); State Bar College; State Bar Pro Bono College; Texas Association of Defense Counsel; Texas Women’s Bar Association; Christian Trial Lawyers Association; El Paso Bar Association (ex officio, 1996-1998; Chair-Ethics Committee, Speakers Bureau, Labor Law Committee); El Paso Bar Foundation; El Paso Women’s Bar Association; Mexican-American Bar Association; El Paso Society for Human Resource Management; Texas Association of School Board Attorneys.

Ms. Marin has the highest Martindale-Hubbell peer rating of AV Preeminent. An AV Preeminent peer rating reflects an attorney who has reached the heights of professional excellence. He or she has usually practiced law for many years, and is recognized for the highest levels of skill and integrity.

Ms. Marin has contributed her legal expertise to a number of community endeavors, including as a present and past board member of the El Paso Bar Foundation Child Crisis Center of El Paso, YWCA Paso Del Norte Region, and the El Paso Club. She has also served as a volunteer attorney for the Children’s Justice Center for Abused and Neglected Children, and as a volunteer judge for El Paso County Teen Court.

Ms. Marin served as Catechist and Youth Minister for over 20 years. She is a member of San Antonio Church and of the El Paso Diocesan Choir.

 

Preventive Advice and Training
Because the best way to handle employment litigation is to avoid it altogether, a substantial portion of Ms. Marin’s practice is devoted to helping our clients proactively approach employee issues in ways that minimize legal risks and maximize business effectiveness. Her proactive approach to employee relations focuses on developing legally sound policies and practices which minimize her clients’ exposure to potential employee complaints, government agency actions, and union-related problems, and assisting her clients in implementing and enforcing those policies fairly and consistently. For example, she reviews and/or develops clients’ employee handbooks and supervisory policy manuals. More importantly, she provides day-to-day advice to clients and reviews disciplinary decisions and documents before they are issued, in order to establish a basis for a strong defense before a claim is filed. Because most lawsuits result from management’s poor communication or handling of employee issues, she also provides management training related to a wide range of policy matters (for additional detail, see Labor & Employment practice page).

Alternative Dispute Resolution (ADR) Practice, Including Arbitration
With the potential risks associated with jury trials, particularly in a border region with a history of high employment-related verdicts in favor of plaintiffs, more and more parties are looking to alternative dispute resolution techniques to resolve employment disputes. Ms. Marin is experienced in all forms of ADR and routinely uses arbitration, mediation, and other procedures to obtain favorable results for clients in matters ranging from individual EEOC charges to lawsuits. Ms. Marin routinely advises clients on the legal and practical issues surrounding pre-dispute arbitration agreements and employer-promulgated ADR programs. She advises clients on the advantages and disadvantages of such programs and, where appropriate, assists in the development and implementation of arbitration agreements and programs tailored to the client’s needs.

Sales, Mergers and Acquisitions; Plant Closings; Reductions in Force
Ms. Marin counsels employers on the many labor and personnel issues which arise with respect to both organized and unorganized employees in the event of transfers of corporate ownership, plant closings, and reductions in force. This includes compliance with the Worker Adjustment & Retraining Notification Act (W.A.R.N.). She also advises employers on their efforts to re-organize, downsize, and conduct lay-offs in response to the ever-changing economy.

Traditional Labor Practice
Ms. Marin represents employers in the full spectrum of traditional labor law issues. She counsels non-union clients on how to remain union free, and she aggressively defends clients against union organizing campaigns and unfair labor practice charges. She represents clients in collective bargaining, advises clients on contract interpretation and employee grievance issues, and represents clients in arbitration proceedings pursuant to their collective bargaining agreements. She also trains management employees in different aspects of traditional labor issues, including avoiding unionization. She has appeared before the National Labor Relations Board and successfully defended various claims in that arena.

Restrictive Covenants, Trade Secrets and Non-Competition Agreements
Ms. Marin regularly prepares agreements to prevent employees and potential employees from revealing confidential, proprietary information or competing with the employer during or after their employment. She also trains management on presenting these agreements to employees with the least amount of disruption to the business and routinely assists employers in implementing these agreements to ensure their enforceability.

The following is a representative list of Ms. Marin’s recent victories, some of which were dismissed without the time and expense of a jury trial. Asterisks indicate published cases.

Shane v. Fed Ex Freight (Federal Court). Motion for Summary Judgement granted, dismissing national origin & age discrimination claims.

Medina v. Texas- New Mexico Newspaper Partnership (Federal Court). Motion for Summary Judgement granted, dismissing age, national origin & gender discrimination claims.

Adams et al v. YISD. Victory before Texas Education Agency upholding lesson plan requirements.

Ace Cleaning Services, Inc. and Genesis Total Management, Inc. v. Industrial, Technical & Professional Employees Union, OPEUI Local # 4873, AFL-CIO. Launched successful union avoidance campaign and successfully represented janitorial company in union election before the National Labor Relations Board, defeating the union.

Mayanin Flores v. El Paso Times (State Court). Trial victory involving a claim for workers’ compensation retaliation.

Duron v. El Paso Community Action Program/Project Bravo. (State Court). Partial Summary Judgment Dismissing Disability Discrimination Claim, then Trial Victory involving Claim for Retaliation.

Kraft v. Earnhardt Motors, Inc. (State Court). Pre-trial Dismissal of Discriminatory Advertising Claim, then Trial Victory involving Claim for Age Discrimination.

*Ysleta Teachers Association/TSTA/NEW and Teri Sanchez, on behalf of all affected members v. Ysleta ISD, No. 054-R10-0506. Victory before Texas Education Agency regarding teachers’ (exempt employees) dispute of District’s right to require a 40-hour workweek.

Duron v. El Paso Independent School District (State Court). Trial victory involving claim for national origin discrimination, gender discrimination and retaliation.

Corral v. Levi Strauss & Co. (State Court). Trial victory and dismissal involving claim for workers’ compensation retaliation.

Maldonado v. El Paso Psychiatric Center (State Court). Trial victory and dismissal involving claim for workers’ compensation retaliation.

Corral v. Levi Strauss & Co (Federal Court). Trial victory and dismissal involving disability discrimination and retaliation.

Rojas v. Southwestern Bell Telephone, L.P. (State Court, 2008). Motion for Summary Judgment granted, dismissing workers’ compensation retaliation claim.

*Garcia v. Levi Strauss &Co., 85 S.W.3d 362 (Tex.App.-El Paso, 2002.) (State court). Motion for Summary Judgment upheld, dismissing workers’ compensation retaliation claim because employer articulated a legitimate business reason for the action taken and Plaintiff was unable to meet her burden of proving the reason was a pretext for discrimination.

Sommers v. City of El Paso, (Federal court, 2007). Motion for Summary Judgment granted, dismissing gender, age and retaliation claims against the El Paso Police Department.

Vicari v. Ysleta Independent School District (Federal court, 2007). Motion for Summary Judgment granted, dismissing gender, sex and retaliation claims.

Duron v. Project Bravo, Inc. (State Court, 2008). Motion for Summary Judgment granted on “disability,” “regarded as disabled” and “failure to accommodate” discrimination claims.

*Perez v. L-3 Communications, et al., 2006 U.S.Dist.LEXIS 45526 (W.D.Tex., 2006.)(Federal court). Removal to federal court upheld based on diversity jurisdiction, despite Plaintiff’s claims to the contrary.

Hickman v. Best Buy, Inc., (Federal Court)(2006). Removal to federal court upheld because based on diversity jurisdiction, despite Plaintiff’s vague pleadings on the amount in controversy.

“Shooting Straight from the HIPAA: A Detailed Look at an Employer’s Obligations Under the Health Insurance Portability and Accountability Act.” El Paso Society for Human Resources Management.

“Reconnecting America’s Workforce: Untangling the Web of Workers’ Compensation, FMLA and ADA Compliance”. El Paso Society For Human Resource Management.

“Conducting Thorough and Effective Investigations.” El Paso Society for Human Resource Management.

“A Little Touch Goes a Long Way: Recent Expansion of Sexual Harassment.” El Paso Society of Human Resource Management Exchange Newsletter.

“A Gentler, Kinder OSHA”. El Paso Society of Human Resource Management Exchange Newsletter.

“Overview of State and Federal Wage & Hour Laws”. National Business Institute Seminar: Wage and Hour Laws in Texas.

“A Brief Look at HIPAA and SARBANES-OXLEY.” El Paso Society for Human Resources Management: Health and Benefits Seminar.

“Arbitration Agreements and Protecting Intellectual Property.” El Paso Bar Association: Civil Trial Seminar.

“Reconnecting America’s Workforce: Untangling the Web of Workers’ Compensation, FMLA and ADA Compliance.” El Paso Society for Human Resources Management: Health and Safety Seminar.

“HIV is NOT a “disability?” El Paso Society of Human Resources Management Exchange Newsletter.

“How Is Your Bladder?(Addressing Serious Health Conditions under the FMLA, ADA, TWCC and Other Laws.)” El Paso Society for Human Resources Management Exchange Newsletter.

“And Lead Us Not Into Temptation.: Communicating with a Corporate or Governmental Entity That is Represented by Counsel”. El Paso Bar Association’s Bar Bulletin.

“The DOL Giveth With One Hand and Taketh With The Other”. El Paso Society of Human Resources Management Exchange Newsletter.

“The Termination Process and Contingent Employees: Joint Employer Issues with Temporary and Leased Employees Under Various Arrangements.” Sterling Educational Services Seminar: Hiring and Firing in Texas.

“Employment Law Update.” El Paso Bar Association: Eighth Annual Civil Trial Seminar, Las Vegas, Nevada.

“Steering Clear of Legal Landmines When Disciplining and Terminating Workers’ Compensation Claimants.” Council On Education in Management: Workers’ Comp. 101 Seminar.

“Race to Sex and Back Again: Dealing with Trends and Changes in Employment Litigation.” Texas Association of Defense Counsel: Spring Seminar, San Francisco, California;

“Sexual Harassment Investigations and Documentation.” Texas Association of School Personnel Administrators: Annual Employment Law Conference.

“HIPAA and Case Management-Benefits and Liabilities”. El Paso Hispanic Chamber of Commerce and Texas Workers’ Compensation Commission Seminar: What You Don’t Know About Workers’ Compensation Can Hurt You.

“U.S. Citizens Working in Mexico and Suing in Mexico and Vice Versa”. State Bar of Texas Seminar: Navigating Cross-Border Issues.

“Employment Law Update”. El Paso Bar Association: Civil Trial Seminar; Las Vegas, Nevada.

“Dealing with Difficult Employees.” El Paso Society For Human Resources Management: Annual Employment Law Seminar.

“Employment Law Update.” State Bar of Texas: State Bar College Annual Summer School Seminar; Galveston Texas.

“BURLINGTON REVISITED: Employers Beware: The U.S. Supreme Court Broadens the Scope of Liability for Retaliation Claims under Title VII (co-author).” Houston HR Legislative Action Committee Newsletter.

“Untangling the Web of Employee Leave Laws.” El Paso Claims Association.

“Retaliation Cases After Burlington Northern v. White.” El Paso Bar Association: Employment Law Seminar.

“Ten Hot Topics in Employment Law, Including Covenants Not to Compete.” State Bar of Texas College “Summer School” Seminar; Galveston, Texas.

“Damages In a Commercial Context.” State Bar of Texas Consumer and Credit Law Course; Houston, Texas.