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 2017)

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
Ninth Circuit Affirms Decertification of FLSA Off-the-Clock Case
By Gregory V. Mersol
September 21, 2018
No, that isn’t a typo – it was the Ninth Circuit. Those familiar with collective action litigation are already familiar with the two-step paradigm most courts use to evaluate collective action claims. In the first stage, commonly misnamed...
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Employment Class Action Blog
California Courts Limit Derivative Wage Statement Claims
By Joseph S. Persoff
August 29, 2018
A common tactic for plaintiffs bringing wage and hour claims is to tack onto those claims an inaccurate wage statement claim under California Labor Code § 226. Here’s an example: A plaintiff brings a claim alleging that she was not paid...
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Employment Class Action Blog
And Yes, Epic Systems Applies to Independent Contractors, Too
By Gregory V. Mersol
August 27, 2018
Unreported opinion will also impact potential counterstrategy Just three months ago, the Supreme Court rendered its decision in Epic Systems Corp. v. Lewis, 138 S. Ct. 1632 (2018), in which it rejected perhaps the largest remaining...
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Employment Class Action Blog
California Meal Period Claim Done In by Collective Bargaining Agreement
By Gregory V. Mersol
August 24, 2018
While the proportion of private sector employees represented by unions is down, unions retain an important workplace role, and the terms of collective bargaining agreements can both affect and be fatal to wage and hour litigation. That was...
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Employment Class Action Blog
Eleventh Circuit Overturns Default Judgment for Failing to Pay Arbitrator's Fee
By Gregory V. Mersol
August 20, 2018
With the Epic Systems case broadly supporting employers’ rights to use arbitration agreements with class waivers, what is now emerging is the result of the necessary trade-off. Employers can, in the wake of Epic Systems, use arbitration...
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