Labor & Employment
We are labor and employment lawyers who try labor and employment lawsuits, counsel our clients on increasingly complex workplace laws and regulations, and represent our clients before federal, state, and local labor and employment agencies, such as the NLRB, the EEOC, and OSHA.
Our litigation practice includes complex executive compensation matters, class/collective actions, trade secret/unfair competition cases, breach of fiduciary duty and executive malfeasance cases. Our vast labor and employment litigation experience is the platform from which we provide advice and counsel to help our clients solve workplace challenges covering the entire range of employment issues. We focus both on traditional labor issues–including elections, contract negotiations, arbitration, strikes and lockouts–to employment law areas, such as discrimination, disability, Family and Medical Leave Act, workplace safety, and wage and hour issues.
We practice employment law backed by the resources of a full service firm in corporate, tax, bankruptcy, intellectual property, securities, employee benefits, oil and gas, media, complex litigation, cybersecurity, and all the areas offered by Jackson Walker’s over 300 attorneys. By blending our labor/employment subject matter experience with practitioners from these areas, we offer a unique blend of labor/employment subject matter know-how to handle complex litigation cases that cross disciplines, counsel clients on high level executive compensation matters, and offer practical solutions for business issues from a multi-disciplinary perspective. We empower our clients with this multi-disciplinary knowledge and experience, in the courtroom and the boardroom.
Our clients include international Fortune 100 companies, privately held companies of all shapes and sizes in media, retail, oil and gas, alternative energy, technology, entertainment and hospitality, trucking and delivery, financial and insurance, and manufacturers. Our cases range the full spectrum from “bet the company” cases to single plaintiff labor/employment lawsuits.
We are Texas lawyers, with all of our lawyers and offices in Texas. This gives us unparalleled knowledge of the Texas legal landscape, from county to county. It also drives our national practice because our clients regularly hire us to handle matters in other states. Our unique position also results in opportunities to represent international companies that find themselves faced with significant employment matters that require the resources of a full-service firm.
Within only the last two years, we have enjoyed the following successes for our clients:
- We tried a complex executive fraud/breach of fiduciary duty case, with significant counter claims against our client, to a jury for nearly four weeks. After we tried the rest of the case to the court, we ultimately prevailed with a $1.7 M judgment against the former executive, settling the case after that on extremely favorable terms.
- We decertified a 100-plus plaintiff collective action FLSA overtime case, and then tried the first group of those plaintiffs to a jury, resulting in a settlement during jury deliberations with which our client was very pleased.
- We tried a case against a labor union that was seeking millions of dollars in allegedly unpaid benefits and won so emphatically that the union did not appeal.
- We filed a computer fraud and abuse act against a former executive of a large, publicly traded company, and brought such force to bear in the case, using a team led by our labor/employment lawyers but including bankruptcy and e-discovery lawyers, that it settled very favorably 6 weeks after we filed it, with the executive losing millions of dollars in benefits as a result of a “cause” termination.
- We decertified an FLSA collective action that would have had nearly 100 plaintiffs, leaving it with only 7 named plaintiffs, against whom we ultimately won summary judgment.
September 29, 2023
Insights
Minimum Wage Hike for Federal Contractors Halted in the Fifth Circuit
By David Schlottman and Michael A. Drab
On January 1, 2023, a new regulation from the Department of Labor took effect that raised the minimum hourly wage applicable to certain federal contractors to $16.20. But this past Tuesday (September 26, 2023), a federal judge in Victoria, Texas, entered an injunction prohibiting the DOL from enforcing the rule in the states of Texas, Louisiana, and Mississippi.
September 19, 2023
Attorney News
Jackson Walker Congratulates Its “Texas Super Lawyers” of 2023
Each year, less than 5% of attorneys in Texas are named to the list. Selection is based off of peer nominations that are then reviewed by a research team. Each nominee is evaluated on his or her professional accomplishments, peer recognition, and community involvement.
September 18, 2023
Attorney News
‘Scene in S.A.’ Recognizes Jackson Walker Attorneys in 2023 “Best S.A. Lawyers” List
Jackson Walker congratulates the 44 practicing attorneys in the San Antonio office who were included in Scene in S.A.’s 2023 “Best S.A. Lawyers” list. In its 19th year, the “Best S.A. Lawyers” list presents attorneys across 80 distinct practice areas who were nominated by fellow licensed, practicing attorneys of Bexar County.
September 1, 2023
Insights
Department of Labor Proposes Expanding Overtime Eligibility to Millions
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.
August 22, 2023
Speaking Engagements
David Schlottman to Present at 33rd Annual Labor and Employment Law Institute
Jackson Walker partner David Schlottman will present at the 33rd Annual Labor and Employment Law Institute, providing insights on recent developments in wage-and-hour law, including activity at the Department of Labor and new case law from the United States Supreme Court. The conference takes place at JW Marriott Hill Country Resort in San Antonio on August 25-26, 2023.
August 17, 2023
Attorney News
‘The Best Lawyers in America’ Honors 287 Jackson Walker Attorneys in 2024 Edition, Including 12 “Lawyers of the Year” and 80 “Ones to Watch”
The Best Lawyers in America has recognized 287 Jackson Walker attorneys across 5 offices and 82 specialty practice areas in its 2024 edition, including 12 Lawyers of the Year and 80 Ones to Watch. In this year’s guide, Jackson Walker saw the largest number of attorneys in the areas of Commercial Litigation (66 attorneys) and Real Estate Law (60 attorneys) and the addition of 35 attorneys as Best Lawyers.
August 15, 2023
Insights
EEOC Releases Regulations to Implement the Pregnant Workers Fairness Act and Seeks Public Comments
By Dawn S. Holiday
The Pregnant Workers Fairness Act (“PWFA”) was signed into law by President Biden on December 29, 2022, and became effective on June 27, 2023. The PWFA requires employers with 15 or more employees to provide “reasonable accommodations” for a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship.
July 28, 2023
Insights
End of COVID and Loss of Medicaid Expansion During COVID – A Request from Governing Agencies
By Greta E. Cowart
In a new form of outreach from the Center for Medicare and Medicaid Services, the U.S. Department of Treasury, and the U.S. Department of Labor, a letter was issued to employers, plan sponsors, and insurance issuers (the “Administrators”) on July 20, 2023. The letter requests that the Administrators not impose the 60-day limit on special enrollments for loss of Medicaid coverage on individuals losing Medicaid coverage due to the end of the COVID-19 public health emergency Medicaid expansion.
July 19, 2023
Podcasts
Jackie Staple on the Pregnant Workers Fairness Act as an Accommodations Law
JW Fast Takes Podcast | ~9 minutes
Jackie Staple joins to discuss the Pregnant Workers Fairness Act, a new law that requires covered employers to provide reasonable accommodations to a worker’s known limitations related to pregnancy, childbirth, or other related medical conditions, unless the accommodation will cause the employer an undue hardship.
July 17, 2023
Attorney News
‘Austin Monthly’ Lists 12 Jackson Walker Attorneys Among “Austin’s Top Attorneys” of 2023
Jackson Walker congratulates the 12 attorneys recognized among Austin Monthly’s list of “Austin’s Top Attorneys” for 2023. For recognition in the list, Austin attorneys must be nominated by their peers on the basis that they offer experienced counsel in one of 39 categories.
The Labor & Employment Dispatch newsletter from Jackson Walker provides news and insights in labor and employment law.
