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
Illinois District Court Stays Conditional Certification Order Pending Appeal on Arbitrability Issues
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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Employment Class Action Blog
Kentucky Rejoins the Majority – New Law Permits Mandatory Arbitration Agreements
March 28, 2019
A Sept. 27, 2018, Kentucky Supreme Court ruling found that mandatory arbitration agreements conditioned on employment were not enforceable. See Northern Kentucky Area Development District v. Snyder, No. 2017-SC-000277-DG. The opinion not...
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Employment Class Action Blog
Arbitration for Transportation Workers? The Anticipated Push To Expand the FAA Exemption
March 12, 2019
As we indicated in a January 17, 2019 blog article, the New Prime v. Oliveira, 139 S. Ct. 532 (2019), opinion was likely to lead to uncertainty in the transportation industry. Some imaginative commentators even forecast that the Federal...
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Employment Class Action Blog
Fifth Circuit Addresses Notices of Collective Action for Those Who Signed Arbitration Agreements Requiring Only Individual Claims
By John B. Lewis
February 25, 2019
The intersection of Fair Labor Standards Act (FLSA) collective action procedures and employee arbitration agreements waiving aggregate actions has led to differing approaches among the district courts. In JPMorgan Chase & Co. (Case No...
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Employment Class Action Blog
Another Court Rejects Class Claims Contending That Vocational Students Are Really Employees
By Gregory V. Mersol
February 22, 2019
In yet another challenge regarding the employment status of students and interns as employees, the Second Circuit has concluded quite rightfully that vocational students – even those at for-profit institutions – are still students. We’ve...
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