Allen Vaught has more than 20 years of experience working as a litigator on complex, multi-party litigation. As Of Counsel at Baron & Budd, Mr. Vaught manages the firm’s Employment Law Group where he primarily focuses on unpaid wage class actions cases. Mr. Vaught has tried and won several unpaid overtime wage cases and has the distinction of having never lost a trial in such a case. His victories include a recent jury verdict and judgment for approximately $3.7 million for oilfield truck drivers who were not paid overtime wages. Mr. Vaught was recognized as a “Litigator of the Week” by the Texas Lawyer legal publication in connection with an unpaid overtime wage trial he won on behalf of mechanics who were misclassified by their employer as independent contractors instead of employees. He has been named a “Super Lawyer” by the Thomson Reuters Super Lawyers publication every year since 2012, a distinction limited to only five percent of all attorneys in Texas. In addition to his work as an attorney, Allen Vaught also served as member of the Texas House of Representatives and in Operation Iraqi Freedom as a U.S. Army captain.

In the Texas House of Representatives, Mr. Vaught served as chairman of the Subcommittee on Violent Crimes, chairman of the Subcommittee on Border, Health and School Centered Emergencies, vice chairman of the Committee on Defense and Veterans’ Affairs and Vice Chairman of the Criminal Jurisprudence Committee. He has been widely recognized for his work on behalf of children’s health and safety, education and crime prevention and response.

A member of the U.S. Army Reserve from 1997 until 2005, Allen Vaught served in Operation Iraqi Freedom from March 2003 to March 2004. Mr. Vaught commanded one of the Army’s first units to enter Fallujah, where he served as the city’s de facto mayor. After being transferred to Sadr City, Vaught was injured in combat operations and awarded the Purple Heart. He worked at Baron & Budd before leaving for Iraq, and the firm is very happy to have him safely home.

Education

  • Graduate, John F. Kennedy Special Warfare and Center School, Fort Bragg, NC (2001)
  • South Texas College of Law (J.D., 1997)
  • Baylor University (B.B.A., Accounting, 1995)

Significant Reported Cases and Trials

  • Meadows v. Latshaw Drilling Co., LLC, 338 F. Supp. 3d 587 (N.D. Tex. 2018) (Lead trial counsel class of drilling rig employees who were awarded over $72,000 plus legal fees after a bench trial. The federal judge found that the employer underpaid the overtime wages owed because it excluded bonus pay and oil-based drilling mud pay when calculating the hourly overtime rate of pay).
  • Williams v. Go Frac, LLC, No. 2:15-CV-00199-JRG, 2017 WL 3699350, at *1 (E.D. Tex. Apr. 26, 2017) (Order granting final approval for Rule 23 class action settlement of $5,782,848.33 in Worker Adjustment and Retraining Notification Act (“WARN”) case where employer did not give sufficient advance written notice of mass layoffs for oilfield fracking workers. Allen Vaught served as lead counsel for the affected workers.).
  • Olibas v. Barclay, 838 F.3d 442 (5th Cir. 2016) (Lead trial and appellate counsel for unpaid overtime wage class of 104 oilfield truck drivers where the Fifth Circuit upheld a jury verdict and judgment in the amount of $3,728,608 for the truck drivers. The jury and courts found that the Motor Carrier Act Exemption defense to overtime pay did not apply and that the employer willfully violated the FLSA). (See also Olibas v. Native Oilfield Servs., LLC, 104 F. Supp. 3d 791 (N.D. Tex. 2015)).
  • Zaborowski v. MHN Gov’t Servs., Inc., 601 F. App’x 461 (9th Cir. 2014) cert. granted, 136 S. Ct. 27 (2015) (FLSA and state law independent contractor misclassification overtime wage case for more than 700 workers upholding trial court’s finding that arbitration clause was unconscionable and denying defendants’ motion to compel arbitration) (See also Zaborowski v. MHN Gov’t Servs., Inc., 936 F. Supp. 2d 1145 (N.D. Cal. 2013)).
  • Aguayo v. Bassam Odeh, Inc., No. 3:13-CV-2951-B, 2014 WL 737314 (N.D. Tex. Feb. 26, 2014) (FLSA case granting class certification for overtime claims of fast food worker ultimately resulting in judgment of approximately $700,000 for 31 plaintiffs exclusive of legal fees. Allen Vaught served as lead counsel for the fast food workers).
  • Jones v. SuperMedia Inc., 281 F.R.D. 282 (N.D. Tex. 2012) (Defeating motion to dismiss and granting class certification for group of call-center workers not paid for all hours worked resulting in an approximate $3,000,000 settlement).

Publications

  • Allen R. Vaught, The Salary Basis Test for Overtime and Minimum Wage Laws, 6 Emory Corp. Governance & Accountability Rev. 45 (2019).
  • Allen R. Vaught, Know Your Client’s Rights in Wage and Hour Cases, Trial, April 2015.
  • Allen R. Vaught, Reservists’ Rights, Trial, November 2014.

Presentations

  • Panelist: Trends in Jury Selection Podcast. Texas Lawyer, September 11, 2012.
  • Author and Presenter: FLSA Overtime Wage Violations, TTLA CLE, Aug 18, 2011.
  • Panelist and Co-Author: False Patent Marking –Trial, Damages and Appeal, Texas Bar CLE, May 25, 2010.
  • Panelist: Bench-Bar Conference – 2008 Texas Legislative Update, Texas Bar CLE, Sep. 25, 2008.

Professional Associations

  • National Employment Lawyer’s Association (NELA)
  • Texas Bar Association
  • Mississippi Bar Association
  • Dallas Trial Lawyers Association
  • Dallas Bar Association

Bar & Court Admissions

  • Mississippi
  • Texas
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Southern District of Texas
  • U.S. District Court for the Western District of Texas
  • U.S. District Court for the Eastern District of Arkansas
  • U.S. District Court for the Western District of Arkansas
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the Southern District of Indiana
  • U.S. District Court for the Southern District of Mississippi
  • U.S. District Court for the District of New Mexico
  • U.S. District Court for the Northern District of Ohio
  • U.S. District Court for the Western District of Wisconsin
  • U.S. District Court for the Eastern District of Wisconsin
  • U.S. Court of Federal Claims
  • U.S. Court of Appeals for the Armed Forces
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Ninth Circuit

Awards

  • Texas Super Lawyer (Thomson Reuters, 2012-2019)
  • Top 100 Civil Plaintiff Trial Lawyers (National Trial Lawyers, 2017)
  • Texas Lawyer “Litigator of the Week” Award (Sep. 10, 2012)
  • Thomson Reuters Super Lawyers “Rising Star” (2011)
  • Law and Order Award, Texas District and County Attorneys Association (2009)
  • Children’s Advocacy Award, Texas Pediatric Society (2009)
  • Legislative Advocate of the Year, Texas PTA (2009)
  • Legislative Initiatives Nurturing Children (LINC) Award, Children’s Hospital (2009)
  • Legislator of the Year, Association of Texas Professional Educators, Region 10 (2009)
  • Friends of Veterans Award, Texas Criminal Justice Coalition (2009)
  • Outstanding Supporter, The Wind Coalition (2009)
  • Citizen of the Year, Elks Lodge, Dallas (2009)
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