Gilbert P. Brosky

Partner

Cleveland
T +1.216.861.7547
F +1.216.696.0740

Overview

Gil Brosky concentrates his employment litigation practice on the resolution of complex class and collective actions. A large part of his time is devoted to representing employers in nationwide ERISA cases on a wide range of issues ranging from collectively bargained retiree benefits, alleged independent contractor misclassification, denial of benefits, and COBRA compliance. Gil has also successfully litigated numerous class and collective wage and hour disputes across the country under both state and federal law.

Part of Gil’s success is attributable to his extensive familiarity with large-scale electronic data issues, and using such data offensively to promote the best result for the employer. Gil is a contributor to BakerHostetler’s Employment Class Action blog, offering commentary on recent class action decisions and trends affecting employers.

Select Experience

  • Successfully argued before the Sixth Circuit for reversal of arbitrator’s award of retiree healthcare benefits under a collective bargaining agreement.
  • Has represented third-party COBRA administrators in numerous actions brought under ERISA.
  • Has extensively analyzed and litigated the limits of “equitable remedies” available to ERISA plaintiffs.
More »

Experience

  • Successfully argued before the Sixth Circuit for reversal of arbitrator’s award of retiree healthcare benefits under a collective bargaining agreement.
  • Has represented third-party COBRA administrators in numerous actions brought under ERISA.
  • Has extensively analyzed and litigated the limits of “equitable remedies” available to ERISA plaintiffs.
  • Has frequently analyzed employee data in class and collective actions to identify litigation strategies and rebut alleged damages.
  • Successfully defended an asserted national class action alleging disparate impact with respect to the use of criminal background checks in the hotel industry.
  • Has defended numerous individual lawsuits in both state and federal courts.
  • Frequently advises employers on restructurings and reductions in force.
Representative Decisions
  • UAW v. TRW Automotive U.S. LLC, 2019 WL 1040636 (6th Cir. 2019)
  • Jammal v. Am. Family Ins. Co., 914 F.3d 449 (6th Cir. 2019)
  • UAW v. Kelsey-Hayes Co., 138 U.S. 1166 (2018)
  • Jones-Rankins v. Cardinal Health Inc., 540 Fed. Appx. 806 (9th Cir. 2013)
  • Van Pamel v. TRW Vehicle Safety Systems, Inc., 723 F.3d 664 (6th Cir. 2013)
  • UAW v. Kelsey-Hayes Co., 192 L.R.R.M. (BNA) 2677 (E.D. Mich. 2011)
  • Schreiber v. Philips Display Components Co., 692 F. Supp. 2d 747 (E.D. Mich. 2010), aff'd, 503 Fed. Appx. 385 (6th Cir. 2012)
  • Baechle v. Energizer Battery Mfg., Inc., 2010 WL 2342473 (N.D. Ohio 2010)
  • Bloedow v. CSX Transp., Inc., 638 F. Supp. 2d 831 (N.D. Ohio 2009)
  • Heffelfinger v. Electronic Data Systems Corp., 580 F. Supp. 2d 933 (C.D. Cal. 2008)
  • Tenney v. General Elec. Co., 118 Ohio St. 3d 197, 887 N.E.2d 349 (2008)

Recognitions and Memberships

Recognitions

  • The Legal 500 United States (2020)
    • Recommended in Labor and Employment - Labor and Employment Disputes (including collective actions): Defense
  • Ohio Super Lawyers "Rising Star" (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
  • U.S. District Court, Southern District of Ohio, 2018
  • U.S. District Court, Western District of Tennessee, 2019
  • U.S. District Court, Eastern District of Arkansas, 2019
  • Ohio, 2005

Education

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

Blog

In The Blogs

Previous Next
Employment Class Action Blog
Arbitration Agreement with Conflicting Provision in Two Languages Saved by FAA Default Rule
July 22, 2021
The California Court of Appeal for the Second Appellate District recently added clarity to a somewhat puzzling trial court decision that had sent an employment dispute to nonbinding arbitration. See Western Bagel Co. Inc. v. Superior Court...
Read More ->
Employment Class Action Blog
Has the 11th Circuit Clarified the Transportation Worker Exemption of the FAA or Just Created a Circuit Split?
By John B. Lewis
July 19, 2021
In a published June 22 opinion, the Eleventh Circuit laid out a clear test for the Federal Arbitration Act (FAA) Section 1 exemption. It answered the reoccurring question “Who is a transportation worker?” See Hamrick v. Partsfleet, LLC...
Read More ->
Employment Class Action Blog
California Employers Must Pay Meal and Rest Period Premiums at the Regular Rate of Pay
By Joseph S. Persoff
July 15, 2021
When a California nonexempt employee is not provided a meal or rest period, Cal. Labor Code 226.7 requires an employer to pay a penalty to that employee in the amount of one hour of that employee’s “regular rate of compensation.” It was an...
Read More ->
Employment Class Action Blog
District Court Rejects Conditional Certification of FLSA Claims Inserted into Data Breach Class
By Gregory V. Mersol
July 1, 2021
Here’s a novel approach: What if you have an “off the clock” case where the court disfavors certification? Can you simply tack them onto claims in another pending class action lawsuit? That was the tactic attempted by the plaintiffs in In...
Read More ->
Employment Class Action Blog
Dealing With COVID-19 in Your Workplace Without Inviting Future Class Actions
By Gilbert P. Brosky
March 23, 2020
You don’t need us to tell you that it’s not an easy time to be an employer. With ever growing concerns over employee safety, business operations, costs, and complying with new and rapidly evolving legislation as a result of COVID-19...
Read More ->