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 New York
Partner Cleveland
Associate Chicago
Partner Chicago
Counsel Los Angeles
Partner Cleveland
Associate Los Angeles
Associate Orlando
Associate Chicago
Partner Cincinnati
Partner Cleveland
Partner Chicago
Partner Houston
Partner Cleveland
Partner Los Angeles
Counsel Denver
Partner Los Angeles
Partner Orlando
Partner Chicago
Partner New York
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 (2016)
  • 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
Washington Court Denies Plaintiffs’ Motion for Summary Judgment on Various Overtime Issues
May 16, 2018
Overconfidence won’t overcome questions of fact Most practitioners and human resource professionals are already familiar with the increasingly difficult wage and hour laws in California and its “Mini Me” to the east, New York state. But...
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Employment Class Action Blog
Gutierrez v. Wells-Fargo Bank – Eleventh Circuit Sheds More Light on Waiver of Arbitration Rights in Putative Class Setting
May 15, 2018
Whether a defendant has waived its right to arbitrate as to unnamed class plaintiffs has been a troubling issue. Some courts base their analysis on their lack of jurisdiction over unnamed putative class members. Still others focus on how...
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Employment Class Action Blog
Proposed Rule 23 Amendment for Class Action Settlement: Sea Change or Codification of the Status Quo?
May 14, 2018
We’ve noted several times in this blog the difficulties parties may face when trying to obtain court approval for a settlement they have reached. Recognizing many of these issues, new amendments to Federal Rule of Civil Procedure 23(e) are...
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Employment Class Action Blog
California District Court Denies Certification of Class of Retail Loss Prevention Employees
By Gregory V. Mersol
May 9, 2018
Plaintiffs’ Arguments Miss the [fill in the blank] One of the justifications and requirements for class treatment is that the plaintiffs’ claims all can be resolved in one stroke. This concept, which is embodied in the related elements of...
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Employment Class Action Blog
Ninth Circuit Finds Evidence at Class Certification Not Required to Be Admissible - The Last Word on the Issue?
May 8, 2018
In a 28-page opinion, a panel of the Ninth Circuit overturned a district court’s denial of class certification, in part, because the lower court required supporting evidence to be admissible. This decision certainly represents a split...
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