Gilbert P. Brosky

Partner

Cleveland
T +1.216.861.7547
F +1.216.696.0740

Overview

Gil Brosky concentrates his employment litigation practice primarily on class actions in the wage and hour and Employee Retirement Income Security Act of 1974 areas, as well as on assisting employers in a number of individual employment-related matters. With hard work and creative thinking, Gil crafts effective litigation strategies that have resulted in a successful class action track record. Gil is a regular contributor to BakerHostetler’s Employment Class Action blog, offering commentary on recent class action decisions and trends affecting employers.

Select Experience

  • Defending a national wage and hour collective action involving alleged misclassification of insurance adjusters.
  • Successfully defended an asserted national class action alleging disparate impact with respect to the use of criminal background checks in the hotel industry.
  • Successfully defended a California wage and hour class action in the information technology industry.
  • Has successfully defended numerous individual lawsuits and charges of discrimination.
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Experience

  • Defending a national wage and hour collective action involving alleged misclassification of insurance adjusters.
  • Successfully defended an asserted national class action alleging disparate impact with respect to the use of criminal background checks in the hotel industry.
  • Successfully defended a California wage and hour class action in the information technology industry.
  • Has successfully defended numerous individual lawsuits and charges of discrimination.

Recognitions and Memberships

Recognitions

  • Ohio Super Lawyers "Rising Star" (2010, 2013 to 2019)

Memberships

  • American Bar Association
  • Ohio State Bar Association
  • Cleveland Bar Association

Prior Positions

  • Army JAG, 25th Infantry Department of Defense: Intern (Honolulu)

Admissions

  • U.S. Court of Appeals, First Circuit, 2009
  • U.S. Court of Appeals, Sixth Circuit, 2010
  • U.S. District Court, Western District of Michigan, 2006
  • U.S. District Court, Northern District of Ohio, 2006
  • U.S. District Court, Western District of Wisconsin, 2016
  • U.S. District Court, District of Nebraska, 2017
  • Ohio, 2005

Education

  • J.D., University of Michigan Law School, 2005
  • B.A., Tiffin University, 2001

Blog

In The Blogs

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Employment Class Action Blog
Recent Decisions Don't Provide Useful Guidance on Tests for the FAA Exemption of Transportation Workers
By John B. Lewis
April 29, 2019
Sometimes being right is not a virtue, especially when it comes to the Federal Arbitration Act § 1 exemption. We predicted uncertainty after the New Prime v. Oliveira decision and got it. See our Jan. 17, 2019, blog post on the exemption...
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Employment Class Action Blog
SCOTUS Reverses Ninth Circuit on Proper Bases for Class Arbitrations
By John B. Lewis
April 25, 2019
The U.S. Supreme Court, in a 5-4 decision, ruled that arbitration agreements must provide a “contractual basis for concluding that the part[ies] agreed to [class arbitration].” Reversing the Ninth Circuit, Chief Justice John Roberts found...
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Employment Class Action Blog
Illinois District Court Decertifies Equal Pay Act Collective Class Involving Physicians
By Gregory V. Mersol
April 24, 2019
Section 16(b) of the Fair Labor Standards Act (FLSA) is the provision that requires those participating in a federal claim for minimum wages or overtime to opt in to the class, making Rule 23 inapplicable. The same enforcement applies to...
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Employment Class Action Blog
Missouri District Court Decertifies FLSA Class of IT Workers
By Gregory V. Mersol
April 23, 2019
We’ve noted before that while conditional certification motions are often granted, such classes fare far less well at the second decertification stage and just as poorly on the eve of trial. See: “Ninth Circuit Affirms Decertification of...
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Employment Class Action Blog
Illinois District Court Stays Conditional Certification Order Pending Appeal on Arbitrability Issues
By Gregory V. Mersol
April 10, 2019
More games of cat and mouse Following the Supreme Court’s decision in Epic Systems Corp. v. Lewis, 138 S. Ct. 1632 (2018), plaintiffs have tried to come up with strategies to address the impact of arbitration agreements in class and...
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