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 Walkerâs 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
- Workersâ 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 clientâs classification of certain employees. Jackson Walker established that the majority of the employees were properly classified as exempt employees.
- Â 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 firmâs 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 âsubstantiveâ 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 workersâ 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), affâd, 140 Fed. Appx. 556, 5th Cir. (2005). Jackson Walker secured summary judgment for an employer and the employerâs 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.
Jackson Walker Obtains Jury Trial Victory for Midland Hospital in Title VII Lawsuit
Sarah Mitchell Montgomery, Jon Mark Hogg, and Judy Bennett Garner successfully defended Midland Memorial Hospital in a sexual harassment and retaliation case brought by a former employee. The case was filed in the U.S. District Court for the Western District of Texas â Midland/Odessa Division.
Client Results • March 5, 2021
Sixth Court of Appeals Dismisses Breach of Contract Claims Brought Against Jackson Walker Client Heritage Constructors
Jackson Walker partners John Jansonius and David Schlottman secured a victory for Heritage Constructors, Inc. in an appeal to the Sixth Court of Appeals in Texarkana.
Client Results • September 8, 2020
Scott Fiddler Successfully Defends Clients Against Noncompete, Tortious Interference, and Misappropriation of Trade Secrets Claims
A seven-year dispute concluded on July 28, 2020, when the Fourteenth Court of Appeals affirmed the trial courtâs take-nothing final judgment dismissing Forum US, Inc.âs lawsuit against three clients of Jackson Walker partner Scott Fiddler.
Client Results • September 2, 2020
Jackson Walker Scores Take-Nothing Judgment in Big Spring Discrimination Case
Jackson Walker partner Jon Mark Hogg successfully defended the City of Big Spring in a racial discrimination and retaliation case brought by former Lieutenant Fire Fighter Fabian Butler.
Client Results • October 26, 2017
Texas Appellate Court in Houston Affirms Jackson Walker Client’s Win in Breach of Fiduciary Duty and Breach of Contract Suit
A Texas court of appeals has affirmed a summary judgment that Jackson Walker obtained for its client in a breach of contract and breach of fiduciary duty case.
Client Results • July 18, 2017
Jackson Walker Wins Appellate Victory for IPSCO Tubulars in Breach of Contract Case
Jackson Walker won a victory for its client IPSCO Tubulars Inc. when the U.S. Fifth Circuit Court of Appeals upheld the trial court’s decision in favor of IPSCO in a breach of contract case brought by Tejas Casing Ltd.
Client Results • February 18, 2014
Jackson Walker Wins Courtroom Victory for IPSCO Tubulars
Jackson Walker successfully defended its client IPSCO Tubulars Inc. in a breach of contract case brought by Tejas Casing Ltd. At the conclusion of a two-week jury trial, the Jackson Walker trial team secured a judgment in favor of IPSCO, denying any recovery to Tejas on its multimillion-dollar claim and awarding thousands of dollars to IPSCO on its counterclaim.
Client Results • May 21, 2012
Jackson Walker Again Named Among Top Firms for Employment Litigation in BTI’s 2026 Rankings
Jackson Walker announces its continued recognition by BTI Consulting Group as one of the nationâs top law firms for employment litigation. In the newly released BTI Litigation Outlook 2026, the firm is recognized as one of âThe BTI Employment Litigation Leaders,â marking a second consecutive year of distinction.
Spotlight • October 16, 2025
DEI in the Spotlight: Employer Strategies for a Shifting Landscape
By Dawn S. Holiday
On January 21, 2025, President Donald Trump issued an Executive Order titled, âEnding Illegal Discrimination and Restoring Merit-Based Opportunityâ (the âOrderâ). The Order instructed all executive departments and federal agencies to âterminate all discriminatory and illegal preferences, mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, and requirements.â
Insights • January 28, 2025
President Trump’s Executive Order: Ending E.O. 11246 and Its Impact on Federal Contractors
By Sarah Mitchell Montgomery
On January 21, 2025, President Trump issued an executive order titled, âEnding Illegal Discrimination and Restoring Merit-Based Opportunityâ (the âOrderâ). Among other things, the Order rescinds Executive Order (âE.O.â) 11246, which was issued by President Johnson in 1965.
Insights • January 23, 2025
Supreme Court Lowers Burden of Proof for FLSA Overtime Exemptions
By Michael Drab and David Schlottman
On January 15, 2025, the Supreme Court for the United States issued an opinion interpreting the standard of proof employers must meet to establish the applicability of an exemption to the overtime requirements of the Fair Labor Standards Act (âFLSAâ).
Insights • January 22, 2025
Employment Law for Dummies (and Other Types of Attorneys) | Texas Lawyer
In this Texas Lawyer article, G. Scott Fiddler addresses the challenges faced by attorneys who occasionally âdabbleâ in employment law rather than specialize in it. Scott clarifies key concepts, providing guidance on how to handle employment law.
Insights • September 13, 2024
U.S. Department of Laborâs Final Rule on Employee or Independent Contractor Classification Under the Fair Labor Standards Act
By Dawn S. HolidayÂ
On January 9, 2024, the U.S. Department of Labor (âDOLâ) announced the issuance of the final rule, Employee or Independent Contractor Classification under the Fair Labor Standards Act (âFLSAâ). According to the DOL, the 339-page final rule and guidance will reduce the risk that employees are misclassified as independent contractors.
Insights • January 12, 2024
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.
Attorney News • January 11, 2024
Ali Andrews Expands Jackson Walkerâs 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.
Attorney News • October 3, 2023
