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
Third Circuit Opinion Involving Uber Only Adds More Questions to the Dispute Over the Scope of the FAA Section 1 Residual Clause
September 13, 2019
Recent decisions have cast doubt on the enforcement of arbitration clauses in the context of the interstate transportation of goods, but will those limitations extend to the transportation of passengers? And what if the movement does not...
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Employment Class Action Blog
CA Supreme Court Rules That Employees Cannot Recover Unpaid Wages Through PAGA
By Joseph S. Persoff
September 12, 2019
California’s Supreme Court has cut off an area of significant potential exposure for California employers by ruling that employees cannot recover unpaid wages on behalf of themselves and other aggrieved employees through California’s...
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Employment Class Action Blog
Ninth Circuit Reverses Itself and Finds That at Least Some ERISA Claims Can Be Compelled to Arbitration
By Gregory V. Mersol
August 23, 2019
But Do You Really Want To In All Cases? The Employee Retirement Income Security Act of 1974 (“ERISA”) was the largest statute ever passed by Congress at the time it was enacted and has only grown further since then. In the 44 years that...
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Employment Class Action Blog
Employer's Profit-Sharing Plan Is Not Covered by ERISA, Pennsylvania Federal Court Finds
By Gilbert P. Brosky
July 2, 2019
One of the most fundamental, but often overlooked, defenses in ERISA litigation is that the plaintiff did not allege a violation of an actual ERISA plan. An at-issue document/provision cannot be an ERISA pension plan unless it provides...
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Employment Class Action Blog
Location, Location, Location. Washington Federal Court Looks To Where Benefit Plan Was Signed And Negotiated In Agreeing To Transfer ERISA Class Action To Georgia
By Gilbert P. Brosky
June 4, 2019
Much like buying a home, location can mean everything when defending a class action. Therefore, it is common for defendants to try and transfer class actions to what is viewed as a more favorable jurisdiction when there is at least a...
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