Employment Class Actions

Overview

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
Partner Orlando
Partner Atlanta
Partner Cleveland
Associate Denver
Associate New York
Partner Cleveland
Associate Chicago
Associate Cleveland
Partner Chicago
Partner Cleveland
Associate Los Angeles
Associate Orlando
Associate Chicago
Partner Cincinnati
Partner Cleveland
Partner Chicago
Associate Los Angeles
Partner Cleveland
Partner Los Angeles
Counsel Denver
Partner Los Angeles
Partner Orlando
Partner Chicago
Partner New York
Associate Cleveland
Partner Cleveland
Counsel Philadelphia
Associate Los Angeles
Partner Cleveland

Recognition

  • Chambers USA: Labor & Employment
    • Florida (2007 to 2018)
      • Band 2
    • Ohio (2007 to 2018)
      • Band 1
    • Texas (2014 to 2018)
    • Recognized Practitioner in California (2018)
    • Recognized Practitioner in the District of Columbia (2018)
  • The Legal 500 United States:
    • Labor and Employment - Labor and Employment Disputes (Including Collective Actions): Defense, Tier 4 (2018)
    • Labor and Employment - Labor-Management Relations, Tier 3 (2018)
  • Recognized as one of the top law firms for client service, we were named to the 2018 BTI Client Service 30 for the fourth consecutive year.
  • U.S. News – Best Lawyers "Best Law Firms" (2017)
    • Litigation - Labor & Employment: National Tier 1
  • 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.

News

News

Press Releases

Blog

In The Blogs

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Employment Class Action Blog
Tenth Circuit Finds Massage Therapy Students to Be Just That – Students
November 15, 2018
Once thought to be the next wave of wage-and-hour cases, suits involving interns and students have tended to founder because most training programs are intended to train rather than to provide employment. We’ve blogged about issues like...
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Employment Class Action Blog
Another bill aimed at employee arbitration agreements – this time to nullify Epic Systems
By John B. Lewis
November 6, 2018
On Oct. 30, 2018, Rep. Jerrold Nadler, D-N.Y., and Rep. Bobby Scott, D-Va., together with 58 Democratic cosponsors, introduced the Restoring Justice for Workers Act, H.R. 7109 H.R. 7109. Unlike some earlier bills, this proposed legislation...
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Employment Class Action Blog
Tenth Circuit Refers Au Pairs' Class Claims to Arbitration
By Gregory V. Mersol
November 5, 2018
“Well, They Gave Me the Agreement in My Own Language, but I Still Didn’t Understand the English Version” doesn’t work. The Federal Arbitration Act will turn 100 in the next few years, but despite more than nine decades of litigation, some...
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Employment Class Action Blog
Do Daubert standards apply at the certification stage? Ninth Circuit splits with itself
By Gregory V. Mersol
November 2, 2018
It is fitting that the day after Halloween the Ninth Circuit issued its denial of rehearing en banc in Sali v. Corona Regional Medical Center, Case No. 15-56460, because the issue it raises, like Michael Myers in the Halloween movie...
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Employment Class Action Blog
Yet Another Opinion Addresses the Availability of Class or Collective Arbitration and Whether It Is a ‘Gateway Issue' for the Court – Herrington v. Waterstone Mortgage Corp.
By John B. Lewis
October 25, 2018
We didn’t expect to be discussing class or collective arbitration issues so soon, but we have repeatedly underestimated the resilience of these aggregate arbitration questions. (See our Nov. 11, 2013, March 12, 2015, Sept. 9, 2015, March...
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