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Jay M. Wallace

Jay Wallace focuses his practice on the representation of companies in all phases of employment law, both state and federal. Jay handles claims involving sexual harassment, discrimination based on race, sex, disability, age and national origin; claims involving the Family Medical Leave Act, the Fair Labor Standards Act, ERISA, the Equal Pay Act and the American with Disabilities Act; and litigation involving non-compete agreements and the misappropriation of trade secrets. 

Jay is one of the leading practitioners in Texas taking companies out of the Texas workers compensation system. His work includes the advice, documentation, and ERISA compliance associated with this process. He also defends personal injury and benefit claims on behalf of these employers.

Jay publishes the firm’s Texas Employment Law Manual and Employment Law Newsletter, which updates employers on recent developments in employment law. Jay regularly gives presentations and seminars to the Texas State Bar, industry groups, employers, and human resource professionals on a wide variety of employment related topics, including sexual harassment, the Family Medical Leave Act, social networking in the workplace, and discrimination under the state and federal laws.


  • J.D., The University of Texas School of Law, 1988
  • B.A., magna cum laude, Washington and Lee University, 1985


  • State Bar of Texas
  • United States District Courts for the Northern, Southern, Eastern and Western Districts of Texas
  • United States Court of Appeals for the Fifth Judicial Circuit
Representative Matters
  • Regularly defends clients in cases involving the Employee Retirement Income Security Act (“ERISA”).
  • Successfully defended a national healthcare company in a five plaintiff racial discrimination federal court jury trial.
  • Secured a take-nothing summary judgment in $10 million suit against national property group.
  • Represents employers in proceedings to protect their trade secrets and to enforce restrictive covenants relating to competition from former employees and dissemination of company information.
  • Routinely represents employers on collective actions under the Fair Labor Standards Act for overtime and minimum wage compensation.
  • Represents companies that have opted out of the Worker’s Compensation System, providing consulting services and litigation defense.
  • Routinely defends businesses in employment discrimination claims involving sexual harassment, gender, race, national origin, religion, pregnancy, disability, age, and retaliation.
  • Performs coverage work for several insurers on employment practices, casualty, and errors and omissions programs.
  • Secured a take-nothing judgment in favor of the client, a home furnishings and electronics retailer, against million dollar damages claim following two-day final hearing.
Representative Clients
  • Brinks Home Security, Dillard’s, Inc., Nordstrom, Inc., Lowe's, Landry's, Inc., Affiliated Foods Inc., Union Standard Insurance, Berkley Insurance, Vulcan Materials and Ensign Services
Representative Opinions
  • Fernandes v. Dillard’s Inc., 997 F.Supp.2d 607 (S.D. Tex. 2014)
  • Garcia v. Best Buy, LP, 2009 WL 2982788 (5th Cir. 2009)
  • In Re David’s Supermarkets, Inc., 43 S.W.3d 94 (Tex. App. – Waco 2001, no writ).
  • Wolfe v. C.S.P.H., Inc. d/b/a Domino’s Pizza, 24 S.W.3d 641 (Tex. App. – Dallas 2000)
  • Mirakhorli vs. DFW Management Company d/b/a The DFW Lakes Hilton, et al., 1999 WL 354225, (N.D. Tex. 1999)
  • Rosas, et al v. Meadowbrook Bank and U.S. Small Business Administration, 964 F2d 351 (5th Cir. 1992)
  • Named one of the "Litigation Stars" in the Benchmark Litigation Guide, 2022.
  • Selected by attorney peers for inclusion in The Best Lawyers in America®, 2022.
  • Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization.
  • Named one of the "Best Lawyers in Dallas" by D Magazine, 2017, 2018.
  • Selected by attorney peers for inclusion in Texas Super Lawyers®, 2014 - 2021.
Activities & Memberships
  • State Bar of Texas (Labor and Employment Law Section and Litigation Section)
  • Dallas Bar Association
  • American Bar Association (Labor and Employment Section and Arbitration Section)
Publications & Presentations
Publications Presentations
  • Speaker, “The Dallas Sick Leave Ordinance – Where On Earth Are We?” American Staffing Association Texas Network Seminar, August 22, 2019.

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