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)
  • 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.
  • Recognized as one of the top law firms for client service, BakerHostetler was named to the 2019 BTI Client Service 30 for the fifth consecutive year.

News

News

Press Releases

Publications

Alerts

Articles

Blog

In The Blogs

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Employment Class Action Blog
District Court Decertifies Hostile Environment Sexual Harassment Suit Against Trucking Company
By Gregory V. Mersol
January 22, 2019
Most employment class actions today are wage and hour matters, but class actions for alleged discrimination are still brought and can present their own unique challenges for both plaintiffs and the defense. Apart from the procedural...
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Employment Class Action Blog
New Prime Decision Adds Uncertainty to Arbitration in the Transportation Industry
By John B. Lewis
January 17, 2019
The U.S. Supreme Court’s decision in New Prime v. Oliveira, No. 17-340 (Jan. 15, 2019), has added uncertainty to arbitration agreements in the transportation industry by holding that the Federal Arbitration Act (FAA) § 1 exception covers...
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Employment Class Action Blog
Supreme Court Decides First Arbitration Case on Its Docket – Henry Schien, Inc. v. Archer & White Sales, Inc.
By John B. Lewis
January 15, 2019
As we noted in our Dec. 19, 2018, blog article, there were three arbitration cases involving the Federal Arbitration Act (FAA), all argued in October 2018, pending on the Court’s docket. Now, in a unanimous opinion written by Justice Brett...
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Employment Class Action Blog
Courts Remain Skeptical of Certifying Data Privacy Class Actions
January 14, 2019
In this era where there appears to be a new data security incident announced each month, there is surprisingly little class certification jurisprudence for data security class actions. Indeed, to date we know of only four decisions that...
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Employment Class Action Blog
California Off-the-Clock Case Involving Independent Contractors Crumbles
By Gregory V. Mersol
January 9, 2019
Extensive expert report still fails to establish fairness and manageability for trial. A growing number of courts are questioning classwide proof in off-the-clock cases, and those examining expert testimony in such matters are increasingly...
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