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.

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

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

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

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

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.

Jackie Staple with Jackson Walker logo

September 15, 2021

Six-Figure Income Plus Overtime Ruling Hits Energy Sector Pay | Bloomberg Law

Following a recent ruling that an offshore oil rig manager can get overtime despite making $200,000 a year, Jackie Staple told Bloomberg Law that the Fifth Circuit ruling leaves room for highly paid workers who receive day rates to be exempt. “There could be a different fact pattern presented and the worker could meet the requirements for overtime exemption,” she noted.

Laptop computer and notebook

September 3, 2021

Supreme Court Restricts Use of Computer Fraud and Abuse Act

In its recent decision in Van Buren v. United States, the U.S. Supreme Court narrowed the scope of the Computer Fraud and Abuse Act (CFAA) and its potential use by employers to ensure computer security and protection for their trade secrets and confidential information.

Fifth Circuit Courthouse

August 24, 2021

Avoiding Retaliation Claims Under the Family Medical Leave Act

By Lionel Schooler | The Fifth Circuit Court of Appeals issued two decisions that highlight the robustness of the Family Medical Leave Act’s (FMLA) anti-retaliation provision, simultaneously emphasizing to employers the importance of avoiding retaliatory conduct under the FMLA.

August 19, 2021
Attorney News

‘The Best Lawyers in America’ Honors 178 Jackson Walker Attorneys in 2022 Edition, Including 8 “Lawyers of the Year” and 31 “Ones to Watch”

The Best Lawyers in America has recognized 178 Jackson Walker attorneys across 6 offices and 67 specialty practice areas in its 2022 edition, including 8 Lawyers of the Year and 31 Ones to Watch. Best Lawyers listings are based on an exhaustive peer review survey of thousands of attorneys who vote on the legal abilities of others in their practice areas.

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