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.
Jackson Walker "Super Lawyers - Rising Stars" 2021 Edition

March 23, 2021
Attorney News

Jackson Walker Congratulates Its 2021 Texas Rising Stars

Jackson Walker is pleased to announce the selection of 36 attorneys to Thomson Reuters’ 2021 “Super Lawyers – Rising Stars” list. Spanning five offices and eight major practice areas, these up-and-coming attorneys have been nominated by peers within and outside the Firm.

Courthouse pillar

January 14, 2021

Fifth Circuit Requires District Courts to Follow More Stringent Standard to Certify FLSA Collective Actions

On January 12, 2021, the United States Court of Appeals for the Fifth Circuit issued a groundbreaking decision announcing that district courts should “rigorously enforce” a more stringent standard for the certification of collective actions under the Fair Labor Standards Act.

Fast Takes - Jamila Brinson

September 2, 2020

What’s Behind the Uptick in FLSA Employment Litigation in Texas?

While Texas is commonly thought of as a very pro-employer state, there’s been a significant increase in Fair Labor Standard Act employment litigation so far in 2020.

Jamila Brinson with Jackson Walker logo

September 1, 2020

Wage and Hour Litigation Back on the Rise in Midst of COVID-19 | The Texas Lawbook

Jamila Brinson discusses the U.S. Supreme Court ruling in Epic Systems Corp. v. Lewis that arbitration provisions can be included in employment contracts with respect to collective action claims.

U.S. Department of Labor building

August 3, 2020

Federal Court Strikes Down Parts of DOL Regulations on COVID-19-Related Paid Leave

On August 3, 2020, the Southern District of New York held that four parts of U.S. Department of Labor regulations under the Families First Coronavirus Response Act (FFCRA) are invalid.

June 17, 2020

United States Supreme Court Holds That Firing an Employee for Being Gay or Transgender Violates Title VII

Prior to the opinion, at least two Courts of Appeals had held that Title VII prohibited such discrimination, while the Eleventh Circuit recently held that discrimination based on sexual orientation was not prohibited by Title VII.

Texas State Capitol building-Texas Supreme Court in Austin

June 16, 2020

Texas Supreme Court Clarifies Standard for Qualifying for Workers’ Compensation Act’s Intentional-Injury Exception

The Texas Supreme Court recently clarified that the Workers’ Compensation Act’s intentional-injury exception applies only to situations where the employer purposefully causes injury or when the employer believes “that its actions are substantially certain to result in a particular injury to a particular employee, not merely highly likely to increase overall risks to employees in the workplace.”

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