Diana Hoover is a founding partner of Hoover Kernell LLP. Diana joined the international law firm of Mayer Brown LLP (formerly Mayer Brown & Platt) in 1993 and became a partner in 2003. She remained with Mayer Brown until the founding of Hoover Kernell in June 2010.
Prior to entering law school, Diana served as a human resources professional for both a manufacturing company and a hospitality industry company for six years. Her experience in human resources has proven invaluable in advising clients on employment-related matters and in representing them in litigation.
Diana's practice has focused on all areas of employment law, including class and collective claims of discrimination, wage violations, and retaliation filed before federal and state administrative agencies, and litigation related to the enforcement of covenants not to compete. She served as lead counsel in defending the largest known potential class action in Texas alleging wage and hour violations, and she was national briefing counsel for a national client defending against numerous federal and state employment claims. She has also assisted employers in complying with their federal contractor obligations and in responding to OFCCP investigations.
Diana regularly provides advice to clients on employment matters and drafts employment-related agreements. Her experience includes advising clients in connection with the WARN Act, compliance with the FLSA, investigating claims of whistleblower retaliation, resolving issues of internal theft and the sale of illegal drugs in the workplace, and advising clients in the termination and discipline of employees. She has written and lectured on a wide variety of employment issues.
Diana represents clients in the energy, accounting, engineering, real estate, communications, manufacturing, pharmaceutical, financial and retail industries.
State of Texas, 1993
United States Supreme Court
US Court of Appeals, Fifth Circuit
US Court of Appeals, Ninth Circuit
US Court of Appeals, Second Circuit
US District Courts for the Northern, Southern, Eastern and Western Districts of Texas
US District Court for the District of Colorado
“Whistleblower Litigation: Dealing with SOX Allegations in the Current Economic Climate,” INFOCUS Corporate Litigation Whitepaper, Mayer Brown LLP, 2009
“Employment Issues in Securities Investigations,” Securities Investigations, Practicing Law Institute, 2008 and 2009
“What Businesses Need to Know Today About the Family Medical Leave Act,” Houston Business Journal, Business Survival Guide, April 18-24, 2008
“Bringing Religion to Work,” Texas Lawyer, Executive Legal Advisor, Jan./Feb. 2007
“Avoid Common Practices that Increase Risk of FLSA Liability,” Houston Business Journal, Business Survival Guide, April 2006
Calculating Regular-Rate of Pay and Overtime, American Conference Institute, 2013
Expanded Employment Retaliation Claims, American Conference Institute, 2013
Preparing for Expanded Regulatory, Legislative and Enforcement Efforts in the Employment Discrimination and Retaliation Realm, American Conference Institute, 2012
Managing Wage & Hour Risks 2011, Practising Law Institute, February 7, 2011
Unraveling the Intricacies of Exempt vs. Non-exempt Status, American Conference Institute, September 2010
Employee Whistleblowing Claims under SOX, Stafford Publications, June 2010
Managing Wage and Hour Risks: Latest Legal Developments, Practising Law Institute, 2010
Strategies for Planning and Implementing an Effective Investigations Protocol, 2009
Litigating Employment Class Actions, 2009
EEOC Investigations: Effective Employer Strategies, 2009 and 2008
Current Challenges to the Classification of Employees as Exempt Employees, Administrative Employees, and Outside Salespersons, Practising Law Institute, 2008
SOX Whistleblower Compliance, 2007
EEOC Investigations, 2008, 2007 and 2006
Women in Leadership, Texas Diversity Council Symposium, 2007
Minimize Risks Associated with Employee Use of PDAs, 2006
Recent Developments in Employment Law, 2006 State Bar In-House Counsel Program: The FLSA, 2006
Whistleblower Actions Under SOX, 2006
Wage and Hour Collective and Class Claims, 2006
When the EEOC Comes Calling, 2006
Workplace Romance Poses New Legal Risk for Employers, 2005
FMLA in Flux, 2005
Practical Applications in Employment Law, May 2004
Texas Employment Law Update, Association of Legal Administrators, January 2002 and January 2003
Kuzinski v. Schering Corp. — Kuzinski was a collective action brought on behalf of pharmaceutical sales representatives ("PSRs"). PSRs claimed that they were improperly classified as exempt outside sales persons because they did not exchange prescription drugs with physicians in return for consideration. They argued, in other words, that a consumated transaction was required to qualify an employee as an outside sales person.
Ultimately, the U.S. Supreme Court ruled in favor of the exemption. We represented Schering for over five years and successfully avoided notice being issued to the putative class.
Lopez v. Wal-Mart Stores Inc. — Lopez was the largest known potential wage and hour class action brought in Texas, involving more than 350,000 employees. Because Texas does not have its own overtime laws (comparable to the FLSA), plaintiffs brought their claims under a breach of contract theory. We were able to defeat class certification on appeal.
Ryerson Inc. v George Thompson — We represented Ryerson in enforcing its non-compete agreement with the former owner of a company Ryerson had acquired. The Company demanded, and Thompson's new employer ultimately agreed, that Thompson's employment be terminated.
OFCCP Compliance Evaluations/Desk Audit — I have represented a multi-establishment federal contractor in responding to multiple desk audits conducted by the OFCCP. Those audits have involved extensive analysis of employment data and responses to follow-up inquiries from the OFCCP, particularly with respect to the employer's compensation system. I have advised employers on their compliance obligations under OFCCP regulations, have assisted in analyzing their exposure with respect to previous employment decisions, and have recommended changes to procedures and practices going forward.