Employment Class Actions

BakerHostetler's Employment Class Actions team combines expertise and specific experience of an employment litigation boutique with the depth and resources of a national firm that handles class action matters of every size and description.

Our Employment Class Actions team handles matters in a wide variety of industries, involving numerous state and federal statutes and myriad issues. Our depth of experience includes wage-and-hour litigation, claims of sex, race, age, and disability discrimination, and as claims for benefits under ERISA, Section 301 of the Labor Management Relations Act and state common law. We also litigate wage-and-hour matters extensively in California, where the Private Attorney General Act (PAGA) has encouraged a plethora of employee lawsuits, and have addressed a wide range of California state law claims involving overtime, pay statements, meal and rest periods, waiting time penalties, and other issues.

We believe that every class action is different. We approach every case as a unique challenge, working with the client to craft and execute strategies that address the case’s unique features and that meet the company’s broader business needs. In class action litigation, we draw on BakerHostetler's resources in electronic discovery, database construction and analysis, and technical ability to interact with clients' HR and other relevant electronic systems.

We understand the array of risks clients face when confronted with employment class actions, from substantial liability to sensitive publicity and potential damage to employee relations.

Our ongoing engagement in high-stakes employment class litigation has put us on the cutting edge of evolving strategies in class action defense. Our analytic grasp of emerging issues is evident in our well-regarded Employment Class Action Blog.

While recent Supreme Court decisions in the Dukes, Comcast, and American Express cases have on balance favored employers, we anticipate new challenges as the plaintiff's bar adapts and develops new strategies. We also anticipate opportunities to extrapolate from those decisions and extend them to wage-and-hour litigation.

Select Experience

Our recent employment class action litigation successes include the following:

  • We successfully opposed certification of a class of truck terminal supervisors claiming that they were misclassified as exempt for overtime purposes.
  • We tried and won a class action case involving alleged entitlement to retiree health insurance benefits following a plant closing, and defended the defense judgment on appeal.
  • We successfully represented a construction company and their subcontractors in a unique Fair Labor Standards Act and prevailing wage case in a Miami federal court. The matter received national press attention due to our strategy to move to dismiss the case for lack of jurisdiction because the defendant paid in excess of the federal minimum wage.


  • Chambers USA: Labor & Employment
    • Florida (2007 to 2015)
    • Ohio: Band 1 (2007 to 2015)
    • Texas (2014, 2015)
  • “Best Law Firms” 2014: National Tier 1 Ranking in the area of Employment Law - Management from U.S. News – Best Lawyers®.
  • The Best Lawyers in America© 2014: Twenty-two partners were selected by their peers for inclusion in  in various employment-related fields.
  • Corporate Counsel® and The American Lawyer magazines "Go-to Law Firm” for Labor & Employment by general counsel (2013) 
  • Workforce Management Magazine: Top Employment Law Firms
  • The Lawdragon/Human Resource Executive list of the Nation's Top Employment Attorneys includes three members of the team in their Top 100 list, with one additional attorney named among the nation's top 20 labor lawyers.
  • Florida Trend's “Legal Elite"
  • Numerous partners have been certified as employment law specialists by their respective state bar associations.

Key Contacts


In The Blogs

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Employment Law Spotlight
Sixth Circuit Differentiates Trade Secrets and Confidential Information Under Texas Law
By Edward L. Friedman, Kelline R. Linton
November 23, 2015
Last week, in a diversity jurisdiction case, the Sixth Circuit analyzed Texas law to identify the relationship among three separate categories of business information: (1) trade secrets, (2) contractually protected confidential...
Employment Class Action Blog
Court Grants Summary Judgment for Employer in Apple Class Action Seeking Pay for Time Spent in Security Checks
November 12, 2015
Free Choice Tanks Plaintiffs’ Claims Just last year, the Supreme Court held in Integrity Staffing Solutions, Inc. v. Busk, 135 S. Ct. 513 (2014) that employees working at an Amazon.com warehouse were not entitled to overtime pay for time...
Employment Law Spotlight
New York City Fair Chance Act
November 2, 2015
New York City’s Fair Chance Act took effect last week, amending the New York City Human Rights Law by prohibiting covered employers from asking about criminal history until after a conditional offer of employment has been extended. While...
Employment Law Spotlight
DOL Final Rule Withstands Challenge, Mandates Changes for Home Health Employers
By Joel D. Gottesman
October 15, 2015
The U.S. Court of Appeals for the D.C. Circuit recently reinstated regulations from the U.S. Department of Labor (DOL), extending federal minimum wage and overtime requirements to home health workers employed by third-party employers. Home...
Employment Class Action Blog
Justices Take On Another California Rule – When an Arbitration Agreement Is Too Flawed to Enforce
October 8, 2015
The U.S. Supreme Court has agreed to review whether the Federal Arbitration Act (FAA) preempts a California state court rule on unconscionable provisions that is purportedly applied more stringently to arbitration agreements than to other...