Employment-related class action lawsuits are on the rise. The potential for large recoveries, adverse publicity and expensive litigation can threaten a company's bottom line, stock value and reputation. At Baker Hostetler, we are known for our ability to end class actions before they begin through creative case management, motion practice and aggressive defeat of class certification.
We have successfully represented clients at virtually every stage of employment class action litigation. In particular, our extensive experience in the wage-and-hour area coupled with our proven track record of successfully defending class, collective and representative actions make us uniquely qualified to effectively handle complex wage and overtime liability claims on behalf of our clients. In addition to defending clients against actions involving the Fair Labor Standards Act (FLSA), we have handled every type of employment and civil rights lawsuit, including claims of discrimination, as well as claims for benefits under the Employee Retirement Income Security Act, Section 301 of the Labor Management Relations Act and state common law.
We also work to find solutions to class action litigation outside the realm of the courthouse. Through our regulatory experience, we can assist employers by coordinating and obtaining guidance from statistical experts and appropriate agencies—and then work to resolve potential class action threats through means outside of traditional litigation.
We are known for our ability to end class actions before they begin.
Recognition
- Eleven of our employment partners are listed in The Best Lawyers in America.
- Our employment and labor practice is ranked among the leading practices in Ohio and Florida (Chambers USA, 2009).
- Chambers USA 2009 lists seven Florida and Ohio employment partners as leaders in the field.
- Numerous partners have been certified as employment law specialists by their respective state bar associations.
- Our lawyers are frequent speakers and authors on class action topics.
- Employment lawyers have received special regional recognition in Florida Trend's “Legal Elite” publication.
- Some of the individual recognition our lawyers have attained include selection as one of America's leading black lawyers by Black Enterprise magazine, receiving the District of Columbia Bar's “Legends in the Law” award, the Republican National Lawyers Association's “Republican Lawyer of the Year” award and inclusion as a Fellow in the College of Labor and Employment Lawyers.
- One of our partners is the only person to have served as both the former Chairman of the National Labor Relations Board and as Director of the Wage and Hour Division of the U.S. Department of Labor.
Leadership in Action
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| Employment Class Actions: Defusing a Class Lawsuit |
| To help our client avoid health and prescription drug benefit obligations to the retirees of a facility that had been sold. |
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| Client: A Midwestern Manufacturer |
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| Type of Matter: Employment Class Action |
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| Our Client's Challenge: Our client sold a large manufacturing facility in western Ohio that had hundreds of retirees from its unionized workforce. Years later, the buyer, which was undergoing financial difficulties, eliminated retiree benefits shortly before closing the plant. The retirees brought a class action seeking extensive prescription drug and health insurance benefits. |
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| The Goal: Avoid liability for the retiree obligations. |
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Our Strategy: Because the prescription drug obligations were by far the most extensive, we aggressively focused on that aspect of the case, obtaining a favorable ruling from the court and substantially reducing the overall exposure. We then negotiated with the buyer and the union to obtain an agreement relieving our client from all remaining liability in exchange for the buyer's agreement not to change the remaining benefits.
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| Results: Our client was relieved of any obligation without paying any additional sums. |
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Class Action Experience
- Represented national insurer in the resolution of a set of nationwide class and collective actions alleging unpaid overtime and misclassification of employees.
- After obtaining denial of class certification involving several hundred female employees, we secured summary judgment on behalf of our FORTUNE 100 client on the individual claims.
- Provided oversight for insurance carriers in numerous employment discrimination class actions filed against utilities.
- Negotiated a zero dollar settlement of a federal class action lawsuit brought against our client, a large hospital, by the Service Employees International Union.
- Represented large petroleum company in ADA class action litigation involving all of its nearly 5,000 gas stations and convenience stores nationwide.
- Defended breach of fiduciary obligation claims against employer trustees of Taft-Hartley plans.
- Defended numerous manufacturers in class action challenges to changes in retiree medical benefits and claims for alleged unpaid retiree health insurance benefits, including those
involving spin-off operations.
- Removed class action threat against FORTUNE 100 manufacturer through creative case management.
- Resolved nationwide claim of sex discrimination in lending against financial institution.
- Won class action for employer accused of violating WARN Act in connection with major plant closing.
- Obtained dismissal for national hotel chain accused of race discrimination in public accommodations.
- Obtained summary judgment on behalf of retailer in nationwide collective action alleging misclassification of store managers.
- Helped manufacturers and others with evaluation and pre-suit mediation of class actions.
- Prevented certification of a company-wide race discrimination case against FORTUNE 500 company and then successfully tried or obtained summary judgment on the named plaintiffs’ claims.
About Our Employment TeamRanked among the Top Employment Law Firms by
Workforce Management Magazine, Baker Hostetler counsels many of the nation's leading companies on all aspects of employment law. With more than 100 lawyers coast-to-coast, Baker Hostetler's Employment and Labor Group represents numerous
FORTUNE 500 companies, and for many of these companies, we serve as their national employment and labor counsel. Our comprehensive employment practice is comparable in size and depth to top employment law boutiques, but we offer the broader resources of a leading, full-service firm.
Solution
Baker Hostetler develops client-specific, secure Internet sites or "portals" for fast and efficient matter management and client communication.
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