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
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
NY Law Doesn't Prevent Arbitration of Sexual Harassment Claims
By John B. Lewis
July 1, 2019
Recent New York legislation in reaction to the #MeToo movement has sought to limit or foreclose arbitration of employment-related disputes. See N.Y. C.P.L.R. § 7515 (“§ 7515”) and its June 19, 2019, amendment, bill S6577/A842. The bill...
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Employment Class Action Blog
Tennessee District Court Conditionally Certifies ADEA Collective Action
By Gregory V. Mersol
June 14, 2019
Connecting the dots will likely be a problem down the road . . . The overwhelming majority of employment class or collective actions today are wage and hour matters. The two-step paradigm for certifying wage and hour claims under the Fair...
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Employment Class Action Blog
Can Delivery Drivers Be Compelled to Arbitrate After New Prime? New Jersey Appellate Courts Seem to Take Conflicting Positions
By John B. Lewis
June 10, 2019
After New Prime v. Oliveira, 139 S. Ct. 532 (2019), many wondered if state arbitration law could be applied when transportation workers were found to be exempt from the Federal Arbitration Act (FAA) based on § 1. See our January 17, 2019...
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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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