Employment Law

Lonnie litigates, on a nationwide basis, claims under all employment laws, wage and hour claims (such as minimum wages, exemptions and overtime, particularly in the restaurant industry). He also counsels clients dealing with investigations by the Equal Employment Opportunity Commission, the U.S. Department of Labor Wage & Hour Division and the Occupational Safety & Health Division, and the Texas Workforce Commission. In addition, Lonnie advises clients on compliance with employment laws and employment contractual obligations.

Litigation

In addition to general employment disputes, Lonnie has handled ERISA litigation, trade secret and intellectual property litigation, enforcing/challenging covenants not to compete, bankruptcy litigation, banking litigation, construction litigation/arbitration, and real estate and title insurance litigation.

Arbitration

Lonnie is an arbitrator on the Commercial and Employment Panels of the American Arbitration Association, having served as an arbitrator on these panels and others since 1992. He has experience as an arbitrator in both domestic and international disputes. He is certified as a Fellow of the Chartered Institute of Arbitrators (CIArb) for international arbitration matters, and currently serves on the Board of Directors of the North American Branch of the CIArb, as well as serving as Chair of the Texas Chapter of the North American Branch of the CIArb. He additionally serves as a member of the Advisory Board of the Institute for Transnational Arbitration, the Houston International Arbitration Club, and the American Bar Association’s Dispute Resolution Council. He has served as an arbitrator in business, employment, healthcare, construction, energy and intellectual property disputes, both for domestic and international disputes, as well as serving as a consultant to parties on arbitration matters.

• “Top Lawyer” in Best of Houstonia, Houstonia Magazine, 2018
• Justice Frank Evans Award, State Bar of Texas – Alternative Dispute Resolution Section, 2012
• Annual President’s Award, Houston Bar Association, 2011
• Outstanding Legal Article – The Houston Lawyer, Houston Bar Foundation, 1997, 2001
• The Best Lawyers in America (Woodward/White Inc.), 2015-2024
  • Arbitration, 2015-2024
  • Labor Law – Management, 2015-2024
  • Litigation – Labor and Employment, 2024
• Lawdragon 500 Leading U.S. Corporate Employment Lawyers, 2023-2024
• Texas Super Lawyer, Super Lawyers by Thomson Reuters, 2012-2020
• Fellow, Chartered Institute of Arbitrators, 2010

Publications

• “Another One Bites the Dust: Fifth Circuit Vacates 80/20 and 30-Minute Rules Concerning the Legality of Minimum Wage Compensation for Tipped Employees Performing Related Side Work,” Jackson Walker Insights (August 2024)
• “Proving Discrimination in Title VII Cases: The New World for Employers in the Wake of ‘Muldrow’,” Texas Lawyer (June 2024)
• “Challenges to an International Arbitration Award,” Institute for Transnational Arbitration’s ITA In Review (April 2024)
• “Judicial Review of Arbitrability,” The Advocate by the State Bar of Texas Litigation Section, Winter 2023, Vol. 105 (December 2023)
• “Arbitration at the Supreme Court: A Record-Setting Term,” American Bar Association’s Dispute Resolution Magazine (September 2022)
• “Employer Lessons From 5th Circ. Hostile Workplace Ruling,” Law360 (April 2022)
• “Avoiding “Single Event” Hostile Work Environment Claims,” Jackson Walker Insights (March 2022)
• “Arbitrability: The Ultimate Threshold Issue in Litigation,” State Bar of Texas Litigation Section’s The Advocate (February 2022)
• “The New York Convention and Its Interpretation by the Supreme Court,” American Bar Association’s GPSolo Magazine (September 2021)
• “5th Circ. Rulings Guide On Avoiding FMLA Retaliation Claims,” Law360‘s Employment Authority (September 2021)
• “Supreme Court Restricts Use of Computer Fraud and Abuse Act,” Jackson Walker Insights (September 2021)
• “Avoiding Retaliation Claims Under the Family Medical Leave Act,” Jackson Walker Insights (August 2021)
• “Private Juries Within the Arbitration Framework: A Third Path In Dispute Resolution,” Pepperdine Dispute Resolution Law Journal, Vol. 21, No. 457 (2021)
• “Crisis in the Courts: Arbitration to the Rescue,” LinkedIn Publication (February 2021)
• “Best Practices for Maintaining Confidentiality of Trade Secrets in Virtual Arbitration Proceedings,” Jackson Walker Insights (January 2021)
• “The Fifth Circuit Reminds Practitioners of the Importance of Consistent and Thorough Documentation in Handling Personnel Matters,” LinkedIn Publication (December 2020)
• “Fifth Circuit Upholds Waiver of Plaintiff’s Right to Arbitrate,” LinkedIn Publication (October 2020)
• “Rules Are Rules: The Fifth Circuit Reminds Practitioners of the Strictures of Appellate Jurisdiction,” LinkedIn Publication (October 2020)
• “Fifth Circuit Decides Question of Personal Jurisdiction in the Arbitration Context,” LinkedIn Publication (October 2020)
• “Fifth Circuit Decides Question of Removal Jurisdiction,” LinkedIn Publication (October 2020)
• “Fifth Circuit Decides Question of First Impression on Arbitrability of Whistleblower Claims,” LinkedIn Publication (October 2020)
• “In Dispute Involving New York Convention, US Supreme Court Considers Whether Domestic Contract Law Rules Can Be Applied in International Cases,” ABA Dispute Resolution Magazine (October 2020)
• “Proper Payment for Hours Worked by Remote Workers in the Age of COVID-19: U.S. Department of Labor Issues New Guidance to Employers on Tracking Hours “Actually Worked”,” Jackson Walker Insights & Resources (September 2020)
• Co-Author, “Frequently Asked Questions: Labor & Employment for Nonprofit Organizations,” Jackson Walker Insights & Resources (August 2020)
• “Road(Map) to Preservation: Fifth Circuit Reminds Practitioners of Critical Path to Appellate Error Preservation,” LinkedIn Publication (July 2020)
• “Supreme Court Addresses ‘Defense Preclusion’ as a Component of Res Judicata in New Trademark Decision,” Jackson Walker Insights (May 2020)
• “The Fifth Circuit Returns Common Sense to the Law of Appellate Jurisdiction,” Jackson Walker Insights (May 2020)
• “Fifth Circuit Returns to the New York Convention to Address a Protracted Saga in International Arbitration,” Jackson Walker Insights (April 2020)
• “Fifth Circuit Comprehensively Analyzes the Exemption for Highly Compensated Employees,” Jackson Walker Insights (April 2020)
• “Snap Removal in a Non-Removable Setting,” Jackson Walker Insights (April 2020)
• “Independent Contractors Redux: Fifth Circuit Returns to Oil Patch to Address Independent Contractor Status Under the Fair Labor Standards Act,” Jackson Walker Insights (January 2020)
• “Fifth Circuit Issues Significant Decision on Jurisdiction under the N.Y. Convention,” LinkedIn Publication (January 2020)
• “How we got here: Tracing the origins of the New York Convention and its interpretation by the US Supreme Court,” ABA Dispute Resolution Magazine (September 2019)
• “Fifth Circuit Reminds Practitioners: Comply with the Strictures of the Federal Rules,” The Houston Lawyer (September 2019)
• “Fifth Circuit Gets Out of the Implied Findings Business,” Jackson Walker Insights (April 2019)
• “INSIGHT: Fifth Circuit Gives Employers Blueprint on Independent Contractors,” Bloomberg Law (March 2019)
• “New Fifth Circuit Decision Upholds Independent Contractor Status for Directional Driller Consultants Under the Fair Labor Standards Act,” Jackson Walker Insights (March 2019)
• “Fifth Circuit Reminds Practitioners of the Importance of Compliance With the Strictures of Rule 50 When Submitting Motions for Judgment as a Matter of Law,” Jackson Walker Insights (February 2019)
• “Preview of Employment Cases Pending Before the Supreme Court,” Jackson Walker Labor & Employment Dispatch (October 2018)

Speaking Engagements

• “FLSA Collective Action Certification: Appellate Decisions Eroding the Lusardi Two-Step Process, Creating Circuit Split,” Strafford Webinar Series (March 2024)
• “Latest Developments in Arbitration,” Annual State Bar ADR Section All-Day Seminar (January 2020; January 2021; January 2022; January 2023; January 2024)
• “Latest Developments in Arbitration,” Houston Bar Association Alternative Dispute Resolution Section Seminar (May 2019; May 2021; May 2022; May 2024)
• Guest, “While Courts Are Backlogged, Arbitration May Be an Ideal Alternative,” Jackson Walker Fast Takes Podcast (February 2021)
  
• Moderator, “Best Practices for Virtual ADR Proceedings,” Texas Chapter of the North American Branch Webinar (July 2020)
• “Panel: Supreme Court Term,” Houston Bar Association Labor & Employment Law Section (July 2019)
• “Ethics for Arbitrators,” Houston International Arbitration Club (September 2018)
• “Hear No Evil? Addressing allegations of corruption and use of allegedly illegally obtained evidence in arbitration,” Houston Bar Association – Alternative Dispute Resolution Section (March 2018)
• “Arbitration Vacatur,” 30th Annual Construction Law Conference (March 2017)
• “Ethics for Arbitrators,” State Bar of Texas Alternative Dispute Resolution Section – Road Show, San Antonio (September 2016)
• “Substantive and Ethical Impact of the Texas Supreme Court decision in Hoskins v. Hoskins,” Houston Bar Association – Alternative Dispute Resolution Section (September 2016)
• “Error Preservation in Federal Court, State Bar of Texas Advanced Appellate Course, Austin (September 2016)
• “Supreme Court Employment Law Update: 2015-16 Term,” Houston Bar Association: Labor & Employment Section, Houston (July 2016)

• Council, Board of the American Bar association’s Dispute Resolution Section
• Member, International Council for Commercial Arbitration (ICCA)
• Member, Houston International Arbitration Club
• Advisory Board Member, Institute for Transnational Arbitration
• Panel Member, American Arbitration Association (Commercial and Employment Panels)
• Chair of Tribunal, International Chamber of Commerce Arbitration Panel
• Chartered Institute of Arbitrators (CIArb) North American Branch
  • Board Member, 2022-2023
  • Texas Chapter Chair, 2018-2020
• Houston Bar Association
  • Board of Directors, 2017 – 2019
  • Alternative Dispute Resolution Section, Chair, 2016-2017
  • Labor and Employment Section, Chair, 2015-2016
  • Federal Practice Section, Chair, 2014-2015
  • Litigation Section, Council
  • Construction Law Section, Council
  • Historical Committee, Past Co-Chair
• State Bar of Texas
  • Alternative Dispute Resolution Section, Chair,  2016-2017
  • Appellate Section, Program Planning Committee
• Dispute Resolution Magazine, Editorial Board, 2018-2021
  • Publication of the American Bar Association Section of Dispute Resolution
• The Houston Lawyer, Past Editor-In-Chief
  • Journal of the Houston Bar Association
• Texas Bar Foundation, Supporting Life Fellow
• Houston Bar Foundation, Supporting Life Fellow

More Client Results

September 23, 2024
Attorney News

Jackson Walker Congratulates 12 Attorneys Named to ‘Lawdragon 500 Corporate Employment Lawyers’ List

Jackson Walker announces the selection of 12 attorneys to Lawdragon‘s lists of the 500 leading practitioners in corporate employment law.

August 26, 2024
Insights

Another One Bites the Dust: Fifth Circuit Vacates 80/20 and 30-Minute Rules Concerning the Legality of Minimum Wage Compensation for Tipped Employees Performing Related Side Work

By Lionel M. Schooler and Jamila M. Brinson

In a landmark decision issued on August 23 in the case of Restaurant Law Center; Texas Restaurant Association v. the United States Department of Labor, the United States Court of Appeals for the Fifth Circuit upended decades of Department of Labor (“DOL”) pronouncements concerning compensation for servers performing side work related to the occupation of a tipped employee.

August 15, 2024
Attorney News

‘The Best Lawyers in America’ Features 306 Jackson Walker Attorneys in 2025 Edition, Including 9 “Lawyers of the Year” and 75 “Ones to Watch”

The Best Lawyers in America has recognized 306 Jackson Walker attorneys across 81 specialty practice areas in its 2025 edition, including 9 Lawyers of the Year and 75 Ones to Watch. In this year’s guide, Jackson Walker saw the largest number of attorneys in the areas of Commercial Litigation (75 attorneys) and Real Estate Law (55 attorneys) and the addition of 27 attorneys as Best Lawyers.

June 21, 2024
Insights

Proving Discrimination in Title VII Cases: The New World for Employers in the Wake of ‘Muldrow’ | Texas Lawyer

Lionel M. Schooler examines the U.S. Supreme Court’s recent decision in Muldrow v. City of St. Louis and its impact on Title VII discrimination claim standards.

April 5, 2024
Insights

Challenges to an International Arbitration Award I ITA In Review

By Lionel M. Schooler

The United States Court of Appeals for the Tenth Circuit recently ruled on the case Baker Hughes Services International, LLC v. Joshi Technologies International, Inc., emphasizing the scope of subject matter jurisdiction of American federal courts in evaluating challenges to arbitral awards in international arbitration under the New York Convention.

February 21, 2024
Speaking Engagements

Lionel Schooler to Discuss the Status of FLSA Collective Action Certification

Jackson Walker partner Lionel M. Schooler is set to participate in a panel discussion that will delve into the current state of FLSA collective action certification in light of the recent Swales and Clark appellate decisions.

October 18, 2023
Attorney News

Jackson Walker Congratulates 13 Attorneys Named to 2024 Lawdragon 500 Lists

Jackson Walker announces the selection of 13 attorneys to Lawdragon‘s lists of the 500 leading practitioners in corporate employment law.

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.

September 26, 2022
Insights

Arbitration at the Supreme Court: A Record-Setting Term | ABA Dispute Resolution Magazine

By Lionel M. Schooler | For the first time in its history, during its 2021-22 Term, the U.S. Supreme Court decided five cases directly addressing arbitration issues. Learn about how these rulings will affect the role of federal courts in the arbitration process.

August 22, 2022
Attorney News

Lionel Schooler Elected to American Bar Association’s Dispute Resolution Council

Lionel “Lonnie” Schooler was elected as a council member of the American Bar Association’s Dispute Resolution Section. His three-year term will end on the last day of the 2025 ABA Annual Meeting.

More Attorney News