Areas of Practice
Industries
Bar Admissions
- Illinois
Court Admissions
- U.S. Court of Appeals Seventh Circuit
- U.S. District Court for the Northern District of Illinois (Trial Bar)
- U.S. District Court for the Southern District of Illinois
- U.S. District Court for the Central District of Illinois
- U.S. District Court for the Eastern District of Michigan
- U.S. District Court for the Southern District of Indiana
- U.S. District Court for the Southern District of Ohio
- U.S. District Court, District of Connecticut
- U.S. District Court, Central District of California
Education
University of Illinois College of Law, J.D., 2001
University of Illinois, Champaign-Urbana, B.A., 1998
Language
- Spanish
Abad Lopez leads Chicago’s labor and employment practice, focusing on representing corporate clients with complex employment matters, including class action and multiplaintiff employment discrimination and harassment lawsuits, state law overtime class actions, privacy claims, FLSA collective actions, and trade secret and restrictive covenant matters. He represents employers throughout the U.S. in matters arising under federal and state antidiscrimination laws, the Fair Labor Standards Act, the FMLA, labor management relations laws, and state law wrongful discharge claims. Abad also advises clients on preventive measures, including reviewing policies, counseling on disciplinary actions and investigations, negotiating severance and executive employment agreements, and conducting employment practices reviews. Abad has almost two decades of experience representing Fortune 50 employers in a wide array of labor and employment matters.
Prior to joining Dykema, Mr. Lopez was served in various leadership roles at other international law firms and Fortune 50 corporations.
Experience
Trial Experience
Mr. Lopez serves as an experienced trial lawyer that multiple Fortune 50 companies turn to for their defense. Mr. Lopez is a member of the Trial Bar and has tried cases in numerous forums, from federal and state courts, to several administrative agencies. His jury trial experience includes the defense of federal civil rights violations and state law retaliation claims. When appropriate, Mr. Lopez has also been able to resolve cases favorably prior to trial.
Wage and Hour Experience
Mr. Lopez has also successfully defended against wage and hour claims through all phases of litigation, from early-stage motion practice, through summary judgment, class or collective action certification, jury trials and appeals. He has defended claims involving the alleged misclassification of independent contractors, exempt status classification, reimbursement of business expenses, failure to provide benefits contributions, detention of tips and gratuities, Sunday and holiday premium pay, missed meal breaks, and off-the-clock work.
Employment Practices Counseling
Mr. Lopez also advises employers on compliance measures, including reviewing employment policies, counseling on disciplinary actions and investigations, negotiating severance and release agreements, and conducting employment practices training and reviews. In addition, Mr. Lopez has negotiated employment agreements and non- compete, non-solicitation, and confidentiality agreements for a wide range of employers. He also works in tandem with Dykema’s Corporate team in conducting employment due diligence.
Representative Matters
Walmart Stores, Inc., adv. Tooley (S.D. IN) (defense of Title III of the ADA claim)
Costco Wholesale Corporation, adv. Robles(N.D. IL) (defense of nationwide Title III of the ADA class action)
Costco Wholesale Corporation, adv. Soto (Jackson County, MO) (trial counsel for retaliation claim)
TJX Companies, Inc., adv. Milot (S.D. Ohio) (obtained complete dismissal of Tittle VII discrimination claim)
Rangel v. Commonwealth Hospitality, (successfully defended wage hour class and collective action under federal and state law)
United Healthcare Services, Inc. adv. Beevers, (S.D. Tex.) (successfully defended nationwide FLSA alleging misclassification of nurses)
United Healthcare Services, Inc. et al. adv. Cohen, (C.D. Cal.) (successfully defended nationwide FLSA collective action and California-wide class action alleging unpaid pre- and post-shift work and missed meal periods by telesales employees)
UnitedHealth Group, Inc. et al. adv. Peters, (D. Kan.) (successfully defended nationwide FLSA collective action alleging unpaid pre- and post-shift work by customer service representatives)
Hyatt Corporation adv. Underwood, (M.D. Fla.) (successfully defended company against FLSA off-the-clock and tip credit claims by restaurant servers)
GC Services LP, adv. Gardner, (S.D. Cal.) (successfully defended company against class action claim that call center employees performed off-the- clock pre- and post-shift work and work during their meal periods)
Aldi, Inc. adv. McNelley, et al., (N.D. Ohio.) (successfully defended company against nationwide collective action claiming that Store Managers are misclassified as exempt under the executive exemption)
Gerhard v. D Construction, Inc., et al., (N.D. IL) (obtained summary judgment and dismissal of entire case, including claims for retaliatory discharge under the False Claims Act and disability discrimination under the ADA. Opinion published at 2012 U.S. Dist. LEXIS 35406).
Zimmerman, et al. v. Rush Hour Event, LLC, (N.D. IL) (limited putative collective action alleging misclassification of independent contractors to nominal settlement of individual claims)
Pontrelli v. Tax Airfreight, Inc., (N.D. IL) (successfully defended Americans with Disabilities Act claim)
Hendersen v. TJX Companies, Inc., (E.D. Mich) (successfully defended Title VII discrimination claim)
Odneal v. TJX Companies, Inc., (E.D. Mich.) (obtained dismissal of Title VII race discrimination claim)
Tosti v. NBC Merchants, Inc., (S.D. Ind.) (defended FMLA retaliation case, resulting in favorable settlement)
Wakely, et al. v. Marshalls of MA, Inc., (E.D. Mich.) (obtained complete summary judgment in race discrimination case)
Laramore v. Security Consultants Group, Inc. (Circuit Court of Cook County, IL) (obtained nominal settlement in race, age, and religious discrimination and retaliation case under Illinois Human Rights Act)
Sliger v. Prospect Mortgage, LLC, (E.D. CA) (successfully defended nation-wide wage and hour misclassification case brought by mortgage loan officers)
DeBerry v. Ann & Robert H. Lurie Children’s Hospital of Chicago (N.D. IL) (obtained complete dismissal of race discrimination claim)
Seminars & Speeches
- December 3, 2020
- April 22, 2020
- November 19, 2019
- Social Media, Email, Texts and Video Evidence in the Employment Law Case: What to Look For, Where to Find It and How to Get it Admitted, Panelist, IICLE Employment Law InstituteJanuary 24, 2019
- March 7, 2018
- April 19, 2017
- Playing By The (New) Rules: Navigating the DOL's Overtime Exemption Regulations, CLE Seminar, Dykema, Chicago, IllinoisJune 9, 2016
- June 9, 2016
- It's So Hard to Say Goodbye - Enforcing Restrictive Covenants Against Former Employees, Hispanic National Bar Association 2015 Annual ConventionSeptember 2015
- Issues Involving Social Media in Employment Law Disputes, 2014 Hispanic National Bar Association Convention2014
- Legal Update for Healthcare Employers, Metropolitan Chicago Healthcare CouncilJanuary 2014
Publications
- December 26, 2019Bloomberg Law
- March 21, 2019TLNT
- "Wage and Hour Collective and Class Litigation," Chapter AuthorJanuary 2012, January 2015Law Journal Press/ALM
- "Should Disproportionate Attorney's Fees Doom Proposed FLSA Settlements?"2013Wage and Hour Litigation Blog
News
- October 14, 2020
- September 20, 2019
- August 9, 2019
- April 5, 2017
- February 22, 2017
Alerts
- Guidance Focuses on Concurrent Leave Issues, Hours to be Paid During Leaves, and Regular Rates of Pay ApplicableApril 23, 2020
- April 3, 2020
- July 26, 2019
- May 8, 2019
- March 29, 2019
- March 8, 2019
- December 20, 2018
- July 3, 2018
- May 21, 2018
- April 4, 2018
- March 7, 2018
- December 18, 2017
- August 31, 2017
- June 7, 2017
- May 18, 2016
Press Releases
- February 22, 2019
- May 18, 2016
Blog Posts
- Election Day Obligations: What Employers Need to Know
- To Be or Not to Be (An Independent Contractor): DOL Seeks to Clarify Independent Contractor Test in Landmark Proposed Rule
- DOL Issues More FFCRA Compliance Guidance on Paid Leaves
- In the Nick of Time: Department of Labor Issues Temporary Regulations Interpreting the Families First Coronavirus Response Act
- January 1, 2020, Means New Pay Rules – Are You Ready?
- Dazed and Confused: Employers Prepare for Recreational Marijuana in Illinois as of 2020
- Chicago Adopts “Fair Work Week Ordinance”
- Freedom to Gig: New Department of Labor Opinion Bolsters Employers’ Ability to Classify “Virtual Workers” as Independent Contractors
- DOL Finally Proposes New White Collar Exemption Regulations
- A New Year’s Resolution for Illinois Employers: Update Policies and Procedures to Comply with New Law Requiring Broad Expense Reimbursement Duties
- Face/Off: The Illinois Biometric Information Privacy Act Spawns a Wave of Class Action Lawsuits
- The Supreme Court Gives Employers the Green Light, Will No Longer Narrowly Construe FLSA Exemptions
- Seventh Circuit Confirms That Americans With Disabilities Act Does Not Require Extended Medical Leave as Accommodation
- Chicago City Council and Cook County Pass Mandatory Paid Sick Leave Ordinances. How Employers Should Prepare to Comply by July 1, 2017
- An Employer’s Pocket Survival Guide to the New Overtime Regulations
- States Hopping on the Department of Labor’s Misclassification Bandwagon
- Making It Count—When Employer Harassment Policies Make the Difference
- Chicago City Council Passes Mandatory Paid Sick Leave Ordinance – What Employers Need to Know
Memberships & Involvement
American Bar Association
Hispanic National Bar Association
Community/Civic Activities
Board Member, Hispanic National Bar Foundation, Washington, D.C.
Awards & Recognition
Awarded by Negocios Now in the "Who's Who in Hispanic Chicago" Award, 2018-2019