Michael A. Drab
Michael Drab specializes in departing employee disputes, with an emphasis on the protection of trade secrets and confidential business information. Whether it’s developing and implementing effective strategies to guard trade secrets or defending against allegations of misappropriation, Michael creates tailor-made solutions to the unique and fluctuating challenges faced by his clients.
Michael also handles compensation disputes ranging from executive officers claiming equity ownership interests to collective-action wage and hour litigation arising under the Fair Labor Standards Act and equivalent state laws. In addition, Michael regularly represents employers in administrative proceedings before federal agencies, like the EEOC, NLRB, and OSHA, and related litigation. Michael’s litigation experience in this area has made him an effective guide for clients implementing reductions in force, mass layoffs, and individual terminations of employment, as well as for clients seeking counsel on best practices in the workplace.
Prior to joining the firm, Michael served as a judicial law clerk to the Honorable Andrew M. Edison in the Southern District of Texas.
B.A., magna cum laude, University of Houston
J.D., University of Houston Law Center
U.S. District Court for the Southern and Western Districts of Texas
U.S. Court of Appeals for the Fifth Circuit
U.S. Bankruptcy Court for the Southern District of Texas
- Co-Author, “Department of Labor Proposes Expanding Overtime Eligibility to Millions,” Jackson Walker Insights (September 2023)
- Co-Author, “Second Circuit Narrows Defend Trade Secrets Act Remedies,” Jackson Walker Insights (June 2023)
- Author, “Indiana to Further Restrict Physician Non-Competes,” Jackson Walker Insights (May 2023)
- Co-Author, “Imagine There’s No Non-Competes,” Texas Lawyer (subscription required) (February 2023)
- Co-Author, “Supreme Court Addresses Federal Arbitration Act’s Residual Clause, But Circuit Split Remains Regarding Personal Jurisdiction in FLSA Cases,” Jackson Walker Insights (June 2022)
- Co-Author, “Effective Use of Expert Witnesses,” State Bar of Texas 30th Annual Advanced Employment Law Course (April 2022)
- Co-Author, “Key Highlights from OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard,” Jackson Walker Insights (January 2022)
- Co-Author, “What Federal Contractors Need to Know About the New Minimum Wage Requirements,” Jackson Walker Insights (January 2022)
- Speaker, “Remote Work: Risks and Best Practices” Jackson Walker Virtual Labor & Employment Law Symposium (December 2021)
- Terry Foundation Alumni Advisory Board Member, 2022
- The People’s Law School, Student Volunteer, 2018-2019
- National Hemophilia Foundation, Volunteer, 2007-2015
- Camp Ailihpomeh Board of Directors, 2013-2014
- Greater Houston Partnership, Houston Young Professionals and Entrepreneurs (HYPE)
September 1, 2023Insights
By David Schlottman and Michael A. Drab
You may soon be required to pay your salaried employees more. On August 30, 2023, the Department of Labor issued a new proposed regulation that would raise the minimum salary required to invoke the commonly used “white-collar” exemptions to overtime from $684 per week (or $35,568 annually) to $1,059 per week (or $55,068 annually). Additionally, the proposed regulation would raise the minimum annual salary required to claim the highly compensated employee exemption from $107,432 to $143,988.
June 5, 2023Insights
By Michael A. Drab and Leisa Talbert Peschel
The Second Circuit just raised the bar for recovering avoided costs as unjust enrichment in a Defend Trade Secrets Act (“DTSA”) case. With a successful DTSA claim, a trade secret owner may obtain an injunction against further use or disclosure of the trade secrets, recover actual damages, and recover damages for unjust enrichment caused by the misappropriation not otherwise included in the damages award.
May 11, 2023Webinars
Join Jackson Walker and Insperity for the Spring Labor & Employment Law Seminar discussing current labor and employment law topics that might impact you and your company.
May 4, 2023Insights
By Michael A. Drab
On April 25, 2023, the Indiana Senate passed an amendment banning non-compete agreements with primary care physicians (defined as physicians practicing family medicine, general pediatric medicine, and internal medicine) executed on or after July 1, 2023. The current version, originally introduced as an outright ban, represents a series of compromises between the Indiana House and Indiana Senate. Governor Eric Holcomb is expected to sign the bill into law.
February 15, 2023Insights
On Jan. 5, 2023, the Federal Trade Commission proposed a rule that would prohibit non-compete agreements in every workplace in the United States and greatly limit their use in business transactions. The proposed rule has us imagining a Texas without non-competes, asking how we got here, and how the FTC’s proposed rule might affect Texas businesses.
By G. Scott Fiddler and Michael Drab
January 20, 2023Insights
By G. Scott Fiddler and Michael Drab
On January 5, 2023, the Federal Trade Commission announced a proposed regulation that would prohibit non-compete agreements in the workplace. The proposed rule follows on the heels of a statement issued by the FTC in November 2022 declaring its intention to exercise authority under Section 5 of the FTC Act and an earlier Executive Order issued by President Biden in July 2021 urging the FTC to promulgate new rules governing non-competes.
November 7, 2022Client Results
Oklahoma Governor Kevin Stitt on November 2, 2022, granted a second stay of the impending execution for death row inmate Richard Glossip in the State v. Glossip case. Obtaining the stay was critical to allow time for the Oklahoma Court of Criminal Appeals to review a request for a new evidentiary hearing in his case.
July 7, 2022Newsletters
View the July 2022 edition of the Labor & Employment Dispatch.
June 9, 2022Insights
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.