Overview

Allan G. King combines his expertise in employment law with his prior experience as a labor economist to handle statistical issues that typically arise in class action and "pattern and practice" cases. He assesses clients' practices involving hiring, promotion and pay and proposed reductions-in-force for adverse impact. 

In these efforts, Allan works closely with testifying and consulting experts in economics and statistics, and his experience as a labor economist permits him to identify the experts best suited to a particular matter. He also is equipped to effectively rebut opposing expert testimony and, in several cases, has filed successful Daubert motions attacking expert testimony.

Allan is a member of Littler's Board of Directors and is a frequent speaker on continuing legal education programs. He is board certified in labor and employment law by the Texas Board of Legal Specialization.

Recognition

Named, Lawyer of the Year

Labor Law - Management, Austin

The Best Lawyers in America©

2017

Named, The Best Lawyers in America©

2008-2017

Named, Super Lawyer

Texas

Super Lawyers

2006-2011

Chancellor-At-Large

University of Texas School of Law

Order of the Coif

Awarded, AV® Peer Review Rating

Martindale-Hubbell

News, Analysis & Press

The Big Move Toward Big Data in Employment

Littler Report

August 4, 2015

"False-Positives” and the Probability of Discrimination: Why “Two or Three Standard Deviations" May Not Evidence a Pattern or Practice

Employee Relations Law Journal, Vol. 39, No.2

2013

The Time Has Come For Plaintiffs To Put Up Their Dukes

Law360.com

March 20, 2012

Dukes v. Wal-Mart: Some Closed Doors and Open Issues

Littler Report

February 13, 2012

Effective Use and Management of Social Science Evidence

37 Employee Relations Law Journal 3

2012

You Can't Opt Out of the Federal Rules: Why Rule 23 Certification Standards Should Apply to Opt-In Collective Actions Under the FLSA

Federal Courts Law Review

Vol. 5, No. 1, Federal Magistrate Judges Association

October 2011

Dukes and FLSA Collective Actions

Law360.com

June 28, 2011

Convictions Records and Disparate Impact

Journal of Labor & Employment Law

Vol. 26, No. 3, American Bar Association

Spring 2011

The Propensity to Stereotype as Inadmissible ‘Character’ Evidence

Journal of Labor & Employment Law

Vol. 23, No. 27, American Bar Association

2011

Two or Three Standard Deviations from What?: How Gross v. FBL Financial Services Changes the Statistical Benchmark in ADEA Collective Actions

37 Employee Labor Relations 17

2011

Tracking Women in Management

Law360.com

October 20, 2010

Altering the ADEA Disparate Impact Defense

Law360.com

March 23, 2010

Put Up Your Dukes: Reconciling Individual v. Pattern or Practice Evidence of Discrimination

36 Employee Relations Law Journal 3

2010

Strange Fiction: The 'Class Certification' Decision in FLSA Collective Actions

24 The Labor Lawyer 267

2009

The Dukes 'Do-Over': The Substituted Opinion in Dukes v. Wal-Mart Stores, Inc.

8 Bender's Labor & Employment Bulletin 319

2008

Social Framework Analysis as Inadmissible 'Character' Evidence

32 Law & Psychology Review 1

2008

The Perils of Union Activism Have Been Exaggerated

Employment Law 360

2007

Gross Statistical Disparities as Evidence of a Pattern and Practice of Discrimination: Statistical v. Legal v. Significance

22 The Labor Lawyer

2007

Class-Wide Determinations of Overtime Exemptions: The False Dichotomy Posed by Sav-on and a Suggested Solutions

21 The Labor Lawyer 257

Spring 2006

Is the System Broke or Are Brokers Gaming the System?

Law.com

2006

Allan King discusses rising unpaid overtime cases

Dallas Business Journal

June 27, 2005

Stealth Class Actions

GC New York

January 31, 2005

Stealth Class Actions

GC New York, p. 2

2005

Are There Due Process Limits to Class Size?: Reflections on Dukes v. Wal-Mart

14 Class Actions & Derivative Suits no. 4, p. 4

Fall 2004

Statistics as a Guide to RIF Selections: Caveat Emptor

20 The Labor Lawyer 79

Summer 2004

Gratz v. Grutter: Lessons for Pursuing Diversity in the Workplace

Oklahoma City Law Review

Spring 2004

Vague Definitions On Overtime Pay Open Door to Litigation

New York Law Journal

October 14, 2003

Vague Definitions on Overtime Pay Open Door to Litigation

New York Law Journal, p. S10

2003

Resist and Report: A Policy to Deter Quid Pro Quo Sexual Harassment

50 Baylor Law Review 333

1998

Estimates of the Size of the Illegal Migrant Population of Mexican Origin in the United States: An Assessment, Review, and Proposal

Mexican Immigrants and Mexican Americans: An Evolving Retaliation 13-36 H.L. Br

1986

A Brief for a Tax-Based U.S. Immigration Policy

Population Research and Policy Review 2 (1983) 1-19

1983

The Number of Illegal Migrants of Mexican Origin in the United States: Sex-Ratio Based Estimates for 1980

20 Demography 99

1983

Human Capital and the Risk of Divorce: An Asset in Search of a Property Right

49 Southern Economic Journal 536

1982

Unemployment Consequences of Illegal Aliens from Mexico

Texas Business Review, 43-47

March-April 1979

Labor Market Data Needs from the Perspective of ‘Dual’ or ‘Segmented’ Labor Market Research: Comment

National Commission on Employment and Unemployment Statistics Background Paper No. 29, 86-90

April 1979

The Mexican Alien Count

Discovery, 16-19

March 1979

A Note on Lucas’s Critique of the Human Capital Model

14 Journal of Human Resources 130

1979

Labor Market Discrimination Against Black Women

Review of Black Political Economy

August 1978

Counting Illegal Aliens: Myths and Misconceptions

Texas Business Review, 101-106

1978

Industrial Structure, the Flexibility of Working Hours, and Women’s Labor Force Participation

60 Review of Economics and Statistics 399

1978

Race and the Determinants of Lifetime Earnings

31 Industrial and Labor Relations Review 347

1978

Is Occupational Segregation the Cause of the Flatter Experience – Earnings Profiles of Women?

12 Journal of Human Resources 541

1977

Is Occupational Segregation the Cause of the Flatter Experience – Earnings Profiles of Women?

12 Journal of Human Resources 541

1977

Demographic Influences on Labor Force Rates of Black Males

99 Monthly Labor Review 42

1976

Minority Women, Professional Work

Manpower 7, 8-13

1975

An Interracial Analysis of the Determinants of On-The-Job Training

Proceedings of the Industrial Relations Research Association, 279-286

1974

Black-White Economic Convergence and the Civil Rights Act of 1964

25 Labor Law Journal 462

1974

Minimum Wages and the Secondary Labor Market

41 Southern Economic Journal 215

1974

Occupational Choice, Risk Aversion, and Wealth

27 Industrial and Labor Relations Review 586

1974

A Comment on Bowles’ Model of Educational Planning

Economics of Planning, 131-135

1973

Stochastic Dominance and ‘The Economic Rationale of Occupational Choice'

Industrial and Labor Relations Review 26

1973

Books & Book Chapters

  • Littler Mendelson on Employment Class Actions, contributing author, Second Ed., 2012
  • Littler Mendelson on Employment Class Actions, contributing author, 2007 Ed., 2007
  • Labor Economics: Wages, Employment and Trade Unionism, co-author, F.R. Marshall and A.M. Cartter, 3rd Ed., 1976 / 4th Ed., 1980
  • Organized Labor in Texas, The Texas Economy, Louis Rodriquez, ed., Madrona Press, 1978
  • An Economic Analysis of the Impact of Discrimination on the Employment of Women in the Professions, Women in Management, Human Services Monograph Series, Gerard, Oliver, and Williams, eds., The University of Texas 1976, 25-28

Speaking Engagements

Gender Pay Disparity: The State Legislatures Are Taking Charge

2016 New England Employer Conference, Burlington, MA

October 13, 2016

2016 Houston Employer Conference

Houston, TX

August 11, 2016

Retail Industry Roundtable

The 2016 Executive Employer® Conference, Scottsdale, AZ

May 6, 2016

Closing the Gender Pay Gap: The Role of State Fair Pay Laws

The 2016 Executive Employer® Conference

May 5, 2016

Workplace Equity: Creating a Gender-Neutral Workplace

The 2016 Executive Employer® Conference

May 4, 2016

Using Data Analytics in Assessing Litigation Risks

The 2016 Executive Employer® Conference

May 4, 2016

Class Action Summit

October 22, 2012

The Retail Industry Summit

The 2012 Executive Employer® Conference

Littler, Scottsdale, AZ

May 9, 2012

Class Action Summit

September 26, 2011

Education

  • J.D., University of Texas School of Law, 1986 With Honors
  • Ph.D., Cornell University, 1972
  • M.S., Cornell University, 1969
  • B.A., City College of New York, 1967

Bar Admission

Texas

Courts

  • U.S. Supreme Court
  • U.S. Court of Appeals, 5th Circuit
  • U.S. Court of Appeals, 7th Circuit
  • U.S. Court of Appeals, 11th Circuit
  • U.S. District Court, Northern District of Texas
  • U.S. District Court, Eastern District of Texas
  • U.S. District Court, Southern District of Texas
  • U.S. District Court, Western District of Texas