Employment Class Actions

"For big and heavy class actions, this is the team to call."
– BakerHostetler client in Chambers USA

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.

Professionals

Name Title Office Email
Joyce Ackerbaum Cox Partner Orlando
Michelle B. Anselmo Partner Cleveland
Gilbert P. Brosky Partner Cleveland
Damon M. Brown Staff Attorney Los Angeles
Ethan D. Carlyle Associate Houston
Tiffany L. Cummins Associate Orlando
Todd A. Dawson Partner Cleveland
Tracey L. Ellerson Partner Orlando
Joel C. Griswold Partner Chicago
John B. Lewis Partner Cleveland
Vartan S. Madoyan Associate Los Angeles
Richard S. Mandelson Partner Denver
John C. McIlwee Associate Chicago
M. Scott McIntyre Partner Cincinnati
Gregory V. Mersol Partner Cleveland
Ronald S. Okada Partner Chicago
Michelle D. Pector Partner Houston
Lisa H. Pennington Partner Houston
David A. Posner Partner Cleveland
Margaret Rosenthal Partner Los Angeles
Nathan A. Schacht Associate Denver
Sabrina L. Shadi Partner Los Angeles
Kevin W. Shaughnessy Partner Orlando
Melissa A. Siebert Partner Chicago
Amy J. Traub Partner New York
Jeffrey R. Vlasek Associate Cleveland
Leah A. Williams Associate Cleveland
Martin T. Wymer Partner Cleveland

Recognition

  • Chambers USA 2014 ranks BakerHostetler’s Employment practice among the leading practices in Florida, Ohio, and Texas.
  • Chambers USA 2014 ranks 13 BakerHostetler Employment partners among our Florida, New York, Ohio, and Texas offices.
  • BakerHostetler received a 2014 “Best Law Firms” National Tier 1 Ranking in the area of Employment Law - Management from U.S. News – Best Lawyers®.
  • Twenty-two partners were selected by their peers for inclusion in The Best Lawyers in America© 2014 in various employment-related fields.
    Copyright 2013 by Woodward/White, Inc., of Aiken, SC.
  • 2013 “Go-To Law Firm” for Labor & Employment by general counsel featured in Corporate Counsel® and The American Lawyer magazines.
  • Ranked among the Top Employment Law firms by Workforce Management Magazine.
  • 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.
  • Employment lawyers have received special regional recognition in Florida Trend's “Legal Elite" publication.
  • Numerous partners have been certified as employment law specialists by their respective state bar associations.

News

Alerts

Articles

Key Contacts

Blog

In The Blogs

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Employment Class Action Blog
Minnesota District Court Rejects Nationwide Scope and Conditionally Certifies Class of One Chipotle Store
September 18, 2014
Employees win most motions for conditional certification under the FLSA, with many courts declining to perform a probing analysis at that stage.  A recent case from the District of Minnesota, in which the court still applied a deferential...
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Employment Class Action Blog
Third Circuit Affirms Dismissal of Class Allegations for Vague Pleading
September 17, 2014
 “’Twas brillig, and the slithy toves Did gyre and gimble in the wabe: All mimsy were the borogoves, And the mome raths outgrabe.” Whenever I see the names of the Iqbal and Twombly pleading cases, I can’t help but feel that the names were...
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Employment Law Spotlight
Update: NLRB’s Facebook “Like” Case Headed to Court
September 16, 2014
As we recently reported, the National Labor Relations Board found that Triple Play Sports Bar and Grille (“Triple Play”) had unlawfully discharged an employee because he had “liked” a former co-worker’s negative comment about the employer...
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Employment Class Action Blog
District Court Refuses to Certify Class of “Non-Liturgical” Protestant Navy Chaplains
September 8, 2014
Given the rich diversity and array of religions, and the First Amendment prohibitions both on the establishment of religion and impeding the free exercise of religion, the appointment and promotion of chaplains in the military has to be a...
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Employment Law Spotlight
When Acting to Prevent Data Breaches and Comply with Privacy Laws, Remember Overarching Employee Rights
September 4, 2014
The grocery business may be “fresh and easy,” but drafting a confidentiality and data protection policy that withstands the scrutiny of the current National Labor Relations Board (NLRB) is not.  The NLRB, in its recent 2-1 Fresh & Easy...
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