Labor & Employment Litigation

Jackson Walker has extensive experience representing clients in employment litigation matters in courts and before arbitrators throughout the country. Our attorneys have taken cases to trial and obtained favorable summary judgments in a wide variety of matters. Attorneys in Jackson Walker’s Litigation section and Labor and Employment section work together in employment discrimination, retaliation, and harassment cases brought by individuals under a wide variety of statutes such as Title VII, the ADEA, the ADA, the FMLA, and the Texas Labor Code. Jackson Walker attorneys also represent clients in a variety of employment disputes arising under the common law, and they have experience defending class actions and collective actions brought under the Fair Labor Standards Act, as well as employee benefits litigation.

Jackson Walker offers expertise in mediating, arbitrating, and litigating the defense of individual and class action employee charges and suits involving a wide range of matters and issues, including:

  • Race and sex discrimination claims
  • Sexual harassment claims
  • Age discrimination claims
  • Disability discrimination claims
  • Family and medical leave claims
  • Defamation claims
  • Wrongful discharge claims
  • Workers’ compensation retaliation
  • Claims asserting violations of various other federal and state employment related and civil rights statutes

  • Department of Labor v. Austaco, Inc. Jackson Walker defended client against a Department of Labor challenge regarding client’s classification of certain employees. Jackson Walker established that the majority of the employees were properly classified as exempt employees.
  •  John P. Kurtz, on behalf of himself and others similarly situated, v. GameStop, Inc., W.D. La. Jackson Walker successfully opposed a collective action under the Fair Labor Standards Act.
  • Reyes v. AT&T Corp., W.D. Tex. (2007). Jackson Walker won summary judgment for the firm’s client on all claims in a case alleging wrongful denial of FMLA leave and termination in retaliation for filing for taking FMLA leave.
  • Wilson v. KRBE Radio, Inc., 222 Fed. Appx. 416, 5th Cir. (2007). As appellate counsel, Jackson Walker won affirmance of a summary judgment in a case alleging reverse sex discrimination under Title VII.
  • Phillips v. Farmers Insurance Exchange, N.D. Tex. (2006). Jackson Walker secured summary judgment for the employer in a case raising disability discrimination claims under the ADA as well as “substantive” and retaliation claims brought under the FMLA.
  • Roberson v. Game Stop/Babbages, 152 Fed. Appx. 356, 5th Cir. (2005). As appellate counsel, Jackson Walker won affirmance of a summary judgment in a case alleging race discrimination and FMLA claims.
  • Hernandez v. AT&T Corp., El Paso County Court at Law (2005). Jackson Walker obtained summary judgment for the employer on all claims in a case alleging termination in retaliation for filing workers’ compensation claim. The judgment was affirmed on appeal. 198 S.W.3d. 288, Tex. App.-El Paso (2006, no pet).
  • Wolf v. AT&T Corp., N.D. Tex. (2003). Jackson Walker obtained summary judgment on all claims in a case alleging co-worker sexual harassment as well as wrongful discharge based on sex and based on retaliation for complaining about alleged harassment.
  • Blum v. Spectrum Restaurant Group, Inc., 261 F. Supp. 2d 697, E.D. Tex. (2003), aff’d, 140 Fed. Appx. 556, 5th Cir. (2005). Jackson Walker secured summary judgment for an employer and the employer’s ERISA plan against a claim for one million dollars in ERISA plan benefits brought under ERISA Section 502(a)(1)(B), estoppel, and waiver theories.

Allison Allman

Allison Allman

Associate, Fort Worth
817.334.7206

Gabriela Barake

Gabriela Barake

Associate, Houston
713.752.4427

Marilyn Brown

Marilyn Brown

Partner, Austin
512.236.2379

Tim Davis

Tim Davis

Partner, Fort Worth
817.334.7270

Michael A. Drab

Michael A. Drab

Associate, Houston
713.752.4446

John K. Edwards

John K. Edwards

Partner, Houston
713.752.4319

Gracie Garcia

Gracie Garcia

Associate, Fort Worth
817.334.7217

Richard G. Garza

Richard G. Garza

Partner, San Antonio
210.978.7734

Sara K. Harris

Sara K. Harris

Partner, Dallas
214.953.6074

Dawn S. Holiday

Dawn S. Holiday

Partner, Houston
713.752.4273

Gary L. Ingram

Gary L. Ingram

Partner, Fort Worth
817.334.7245

John A. Koepke

John A. Koepke

Partner, Dallas
214.953.6005

Trevor Paul

Trevor Paul

Associate, Fort Worth
817.334.7291

Brittani Rollen

Brittani Rollen

Senior Counsel, Fort Worth
817.334.7236

Jay K. Rutherford

Jay K. Rutherford

Partner, Fort Worth
817.334.7246

Ashley Scheer

Ashley Scheer

Senior Counsel, Dallas
214.953.6016

U.S. Department of Labor building

January 12, 2024
Insights

U.S. Department of Labor’s Final Rule on Employee or Independent Contractor Classification Under the Fair Labor Standards Act

By Dawn S. Holiday 

On January 9, 2024, the U.S. Department of Labor (“DOL”) announced the issuance of the final rule, Employee or Independent Contractor Classification under the Fair Labor Standards Act (“FLSA”). According to the DOL, the 339-page final rule and guidance will reduce the risk that employees are misclassified as independent contractors, applies to workers in any industry, and provides greater consistency for businesses to engage with individuals who are in business for themselves.

2024 Top Texas Women Super Lawyers

January 11, 2024
Attorney News

Super Lawyers Names 31 Jackson Walker Attorneys in Texas Top Women 2024 Magazine

Jackson Walker congratulates the 31 attorneys who were included in the Texas Top Women 2024 Magazine published by Thomson Reuters’ Super Lawyers. The annual Texas Top Texas Women edition includes the highest-rated women attorneys across the “Texas Rising Stars” and “Texas Super Lawyers” lists in a given practice area.

October 18, 2023
Attorney News

Jackson Walker Congratulates 13 Attorneys Named to 2024 Lawdragon 500 Lists

Jackson Walker announces the selection of 13 attorneys to Lawdragon‘s lists of the 500 leading practitioners in corporate employment law.

October 3, 2023
Attorney News

Ali Andrews Expands Jackson Walker’s Tax Practice in Austin

Jackson Walker is pleased to announce the addition of Ali Andrews as senior counsel in the Austin Tax practice. Joining from an international firm, Ali concentrates her practice on handling state and local tax disputes, state tax audits, unemployment tax matters, equal taxation, multi-state tax planning, and other administrative law matters.

August 12, 2022
Attorney News

Jackson Walker Congratulates 17 Attorneys Named to 2022 Lawdragon 500 Lists

Jackson Walker announces the selection of 17 attorneys to Lawdragon‘s lists of the 500 leading practitioners in bankruptcy and restructuring law and corporate employment law.

United States Supreme Court building with Jackson Walker logo

June 9, 2022
Insights

Supreme Court Addresses Federal Arbitration Act’s Residual Clause, But Circuit Split Remains Regarding Personal Jurisdiction in FLSA Cases

By Lionel Schooler, David Schlottman, & Michael Drab | On June 6, 2022, the Supreme Court addressed two cases involving employment law issues.

Lonnie Schooler with Jackson Walker logo

March 30, 2022
Insights

Avoiding “Single Event” Hostile Work Environment Claims

By Lionel M. Schooler | In Woods v. Cantrell, the Fifth Circuit recently approved a rare “single event” claim of hostile work environment situation which portends potential hazards for employers.

David Schlottman with Jackson Walker logo

January 21, 2022
Speaking Engagements

David Schlottman to Present on Effective Use of Expert Witnesses

During the Advanced Employment Law Seminar on Friday, January 21, David Schlottman will present “Effective Use of Expert Witnesses,” which will cover some outside-the-box applications of expert testimony in employment litigation and recurring issues regarding the admissibility of that testimony.

November 12, 2021
Insights

Impact of the Fifth Circuit’s Swales Decision on the FLSA Collective Action Certification Process

By Lionel Schooler

As the recent Helgason decision demonstrates, in the new age of FLSA certification after Swales, employers in Texas, Louisiana, and Mississippi, who have to confront lawsuits by workers seeking to pursue wage claims, will now have the opportunity at the outset of a lawsuit to participate in focused discovery by which to challenge claims of “similar situations,” before a costly notice and opt-in process occurs.

Fifth Circuit Courthouse

September 27, 2021
Insights

5th Circ. Rulings Guide On Avoiding FMLA Retaliation Claims | Law360 Employment Authority

By Lionel Schooler | The federal Family and Medical Leave Act was enacted in 1993 to enable eligible employees of covered employer to take up to 12 weeks of unpaid leave during any 12-month period for certain qualifying conditions, such as giving birth or caring for oneself or a family member with a serious health condition.

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