David Schlottman

Wage-and-Hour Litigation

A principal focus of David’s practice is defending wage-and-hour litigation under the Fair Labor Standards Act. His experience ranges from single-plaintiff lawsuits to large, multi-plaintiff and collective actions concerning:

• Unpaid Overtime
• Unpaid Wages
• Employee Misclassification
• Tip Disputes
• FLSA Retaliation

Competition/Trade-Secrets Litigation

David also focuses his practice on claims involving employee competition and trade secrets. He has brought and defended lawsuits on behalf of companies and individuals regarding:

• Theft of Trade Secrets
• Breach of Non-Compete Agreements
• Breach of Fiduciary Duty

Employment Litigation

David has experience defending companies and managers in a variety of employment-related lawsuits, including claims over:

• Discrimination
• Harassment
• Retaliation
• Improper Denial of Medical Leave
• Wrongful Termination/Breach of Employment Contract
• Defamation
• Compensation/Bonus/Stock Option Disputes
• False Imprisonment

Traditional Labor Relations

David represents management in disputes involving unions and the National Labor Relations Board. His experience includes:

• Defending employers against unfair labor practice charges filed with the NLRB
• Counseling management in union disputes and collective bargaining
• Representing management in labor arbitrations under CBAs

Employment Counseling

In addition to litigating disputes, David helps employers proactively avoid lawsuits through planning, counseling, and advising about day-to-day operations. Whether it is reviewing a company’s employment policies or addressing the best way to handle a difficult employee, David offers practical and forward-looking advice to prevent future litigation.

• Chambers USA: America’s Leading Lawyers for Business
  • Up and Coming in Labor & Employment – Texas, 2022
• The Best Lawyers in America (Woodward/White Inc.), 2021-2023
  • Employment Law – Individuals, 2022-2023
  • Employment Law – Management, 2023
  • Litigation – Labor and Employment, 2021-2023
• Lawdragon 500 Leading U.S. Corporate Employment Lawyers, 2022
• Texas Rising Star, Super Lawyers by Thomson Reuters, 2017-2022
• Named to “Up-and-Coming 100: 2022 Texas Rising Stars” list, Super Lawyers by Thomson Reuters, 2022
• “Best Lawyers in Dallas,” D Magazine, 2018

Publications

• “Fifth Circuit Requires District Courts to Follow More Stringent Standard to Certify FLSA Collective Actions,” Jackson Walker Insights (January 2021)
• “The Workplace Mobility Act of 2019: Will Congress Ban Employee Non-Competes?” Jackson Walker Insights (November 2019)
• Employment Discrimination Law, 2015 Cumulative Supplement, 5th Ed. – Chapter 28 Contributor
• In Critical Condition: Diversicare General Partner, Inc. v. Rubio, Marks v. St. Luke’s Episcopal Hospital, and the State of Healthcare Liability Claims in Texas, 62 BAYLOR L. REV. 526

Speaking Engagements

• “Wage and Hour Update,” 32nd Annual Labor and Employment Law Institute of the Labor & Employment Law Section of the State Bar of Texas (August 2022)
• “Year Two of the Pandemic – A Legal Update,” Texas Employment Relations Symposium (August 2022)
• “Wage and Hour Update,” UT Law CLE’s 29th Annual Labor and Employment Law Conference (May 2022)
• “Effective Use of Expert Witnesses,” State Bar of Texas 30th Annual Advanced Employment Law Course (April 2022)
• “2021 Employment and Labor Law Update,” Jackson Walker Fall Labor & Employment Symposium (November 2021)
• “Wage and Hour Update,” State Bar of Texas 31st Annual Labor and Employment Law Institute (August 2021)
• “Wage and Hour Update,” UT Law CLE’s 28th Annual Labor and Employment Law Conference (May 2021)
• “Legislative Wish List,” Jackson Walker Employment Law After the Election Webinar (November 2020)
• “Workforce Restructuring: Strategies and Legal Considerations,” Jackson Walker Labor & Employment Law Symposium (October 2020)
• “Arbitration Intersects With Employment Law,” UT Law CLE’s 27th Annual Labor and Employment Law Conference (May 2020)
• “Arbitration Update,” Dallas Bar Association Labor & Employment Law Section (February 2020)
• “2018-19 Arbitration Update – The Good, the Bad, and the Ugly: A Plaintiff and Defense Perspective,” 30th Annual Labor and Employment Law Institute (August 2019)
• “Religion and the Workplace,” Collin County Bar Association Corporate Counsel Section (January 2019)
• “Religious Accommodation and Discrimination – Religion and the Workplace,” Jackson Walker Labor & Employment Law Symposium (October 2018)
• Materials Author, “Beyond Damages: Unconventional Experts in Employment Cases,” UT Law CLE’s Labor and Employment Law Conference (May 2016)
• Materials Author, “Not Your Grandfather’s NLRA: Recent Decisions by the Board and the Courts,” UT Law CLE’s Annual Labor and Employment Law Conference (May 2013)
• “Harassment in the Workplace: Dangerous Liaisons,” State Bar of Texas 10th Annual Advanced Business Law Course (November 2012)

• Board of Directors of Community Partners of Dallas (CPD), Member, 2017-Present
• Dallas Bar Association Labor & Employment Law Section
• State Bar of Texas Labor and Employment Law Section, Council Member, 2018-2020