Gregory V. Mersol

Partner

Cleveland
T +1.216.861.7935
F +1.216.696.0740

"Greg is one of the best labor and employment lawyers around...He has a nice balance of giving both the legal and practical views, is always very responsive, understands our culture and crafts his advice with that in mind."

— Chambers USA 2018

Overview

Greg Mersol thrives on developing creative solutions to complex workplace disputes. With over 30 years of class action litigation experience representing employers, he has handled matters encompassing virtually every kind of workplace issue, ranging from discrimination claims, to benefit plan disputes, to wage and hour litigation. 

Greg writes and speaks extensively on class action topics and is the editor of BakerHostetler’s Employment Class Action Blog. He also serves as the co-chair of BakerHostetler's Employment Class Action team.

Select Experience

  • Regularly defends employers in class actions in state and federal courts on topics that include wage and hour disputes; independent contractor classification issues; race, sex, disability and age discrimination; public accommodations; and employee benefits under the Employee Retirement Income Security Act (ERISA).
  • Litigated multiple retiree benefits issues in numerous cases, including a favorable decision from the United States Supreme Court.
  • Favors the use of electronic data strategically to reduce or dispose of wage and hour claims.
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Experience

  • Regularly defends employers in class actions in state and federal courts on topics that include wage and hour disputes; independent contractor classification issues; race, sex, disability and age discrimination; public accommodations; and employee benefits under the Employee Retirement Income Security Act (ERISA).
  • Litigated multiple retiree benefits issues in numerous cases, including a favorable decision from the United States Supreme Court.
  • Favors the use of electronic data strategically to reduce or dispose of wage and hour claims.
  • Tries class actions involving discrimination, entitlement and retiree health insurance benefits.
  • Has opposed conditional certification and obtained decertification of collective actions under the FLSA involving exemptions and claimed off-the-clock-work.
  • Litigates class or collective action claims under a wide variety of statutes including the FLSA, state law wage and hour claims, ERISA, the ADEA, RICO, and state and federal anti-discrimination statutes.
Representative Cases
  • UAW v. Kelsey-Hayes Co., 138 U.S. 1166 (2018)
  • Jammal v. American Family Ins. Co., 914 F.3d 449 (6th Cir. 2019)
  • UAW v. TRW Automotive U.S. LLC, Case No. 11-cv-14630 (Aug. 20, 2019).
  • UAW v. TRW Automotive U.S. LLC, 2019 WL 1040636 (6th Cir. 2019)
  • 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)
  • Harps v. TRW Automotive, 47 EBC Cases (BNA) 2846 (6th Cir. 2009)
  • Heffelfinger v. Electronic Data Systems Corp., 580 F. Supp. 2d 933 (C.D. Cal. 2008)
  • Tenney v. General Electric Co., 118 Ohio St. 3d 197, 887 N.E.2d 349 (2008)
  • Dudich v. United Auto Workers Local Union No. 1250, 454 F. Supp. 2d 668 (N.D. Ohio 2006)
  • Watson v. Cleveland Municipal Sch. Dist., 36 EBC Cases (BNA) 1177 (N.D. Ohio 2005)
  • Spohn v. Bristol-Myers Squibb Co. Ret. Income Plan, 33 EBC Cases (BNA) 1411 (N.D. Ohio 2004)
  • Risner v. Shopko Stores, Inc., 325 F. Supp. 2d 825 (N.D. Ohio 2004)
  • Rodgers v. Norfolk Southern Corp., 304 F. Supp. 2d 961 (S.D. Ohio 2003)
  • Palacio v. Progressive Ins. Co., 244 F. Supp. 2d 1040 (C.D. Cal. 2002)
  • Jaeger v. Matrix Essentials, Inc., 236 F. Supp. 2d 815, 29 EBC Cases (BNA) 1042 (N.D. Ohio 2002)
  • Weirauch v. Sprint Retirement Pension Plan, 182 F. Supp. 2d 638 (N.D. Ohio 2002)
  • Camp v. Progressive Corp., 8 WH Cases (BNA) 477 (E.D. La. 2002)
  • Ullmo v. Gilmour Academy, 273 F.3d 671 (6th Cir. 2001)
  • Chapman v. The Higbee Co., 256 F.3d 416 (6th Cir. 2001), vacated for rehearing en banc, 270 F.3d 297 (6th Cir. 2001) 
  • McCormick v. Kmart Distribution Ctr., 163 F. Supp. 2d 807 (N.D. Ohio 2001)
  • Dingle v. Union City Chair Co., 134 F. Supp. 2d 441, 16 IER Cases (BNA) 60 (E.D. Pa. 2000)
  • Lovas v. Huntington Nat'l Bank, 215 F.3d 1326 [table] (6th Cir. 2000)
  • Steppe v. Kmart Stores, 136 Ohio App. 3d 454, 737 N.E.2d 58 (1999)
  • Smoot v. United Transportation Union, 991 F. Supp. 913 (N.D. Ohio 1998)
  • Cowin v. Lutheran Hosp., 8 AD Cases (BNA) 472 (N.D. Ohio 1998)
  • State ex rel. Warren Newspapers, Inc. v. Court of Jurisdiction, 80 Ohio St. 3d 261, 685 N.E.2d 1223 (1997)
  • Biggs v. North Cent. Tel. Co., 75 FEP Cases (BNA) 617 (S.D. Ohio 1997)
  • O'Neill v. St. Luke's Med. Ctr., 13 IER Cases (BNA) 534 (Ohio App. 1996)
  • Kent v. United of Omaha Life Ins. Co., 96 F.3d 803 (6th Cir. 1996)
  • Schlett v. Avco Financial Services, 950 F. Supp. 823 (N.D. Ohio 1996)
  • State ex rel. Warren Newspapers, Inc. v. Hutson, 70 Ohio St. 3d 619, 640 N.E.2d 174 (1994)
  • Reese v. Kmart Corp., 10 IER Cases (BNA) 202 (N.D. Ohio 1994)
  • Radikovich v. The Higbee Co., 9 IER Cases (BNA) 1850 (Ohio App. 1994)
  • Henegar v. Banta, 27 F.3d 223 (6th Cir.), cert. denied, 513 U.S. 1057 (1994)
  • Cooke v. Norfolk & Western Railway Co., 143 LRRM Cases (BNA) 2591 (N.D. Ohio 1993)
  • Cromwell v. Equicor-Equitable HCA Corp., 944 F.2d 1272 (6th Cir. 1991)
  • Henegar v. Banta, 817 F. Supp. 668 (N.D. Ohio 1993)
  • International Longshoremen's Ass'n v. Norfolk Southern Co., 927 F.2d 900 (6th Cir. 1991), cert. denied, 502 U.S. 813 (1991)
  • Aldrete v. Foxboro Co., 49 Ohio App. 3d 81, 550 N.E.2d 208 (1988)
  • Cox v. Radiology Consulting Assocs. Inc., 658 F. Supp. 264 (W.D. Pa.), aff'd, 835 F.2d 282 (3d Cir. 1987) 
  • Hess v. United Tel. Co. of Ohio, 40 FEP Cases (BNA) 1487, 40 EPD (CCH) ¶ 136, 190 (N.D. Ohio 1986)
  • Mendenhall v. City of Akron, 2008-Ohio-270 (Ohio Supreme Court 2008) (amicus curiae) 
  • Elek v. Huntington Nat'l Bank, 60 Ohio St. 3d 135 (1991) (amicus curiae)

Recognitions and Memberships

Recognitions

  • The Legal 500 United States (2019)
    • Recommended in Labor and Employment Disputes (including collective actions): Defense
  • Chambers USA: Labor & Employment in Ohio (2003 to 2019)
    • Band 2 (2003 to 2013 & 2015 to 2019), Band 3 (2014)
  • The Best Lawyers in America© 
    • Ohio: Litigation – ERISA (2016 to Present)
      • Best Lawyers® "Lawyer of the Year" (2018, 2019)
    • Ohio: Employment Law – Management (2006 to Present)
      • Best Lawyers® "Lawyer of the Year" (2013)
    • Ohio: Labor Law – Management (2006 to Present)
      • Best Lawyers® "Lawyer of the Year" (2017)
    • Ohio: Litigation – Labor & Employment (2006 to Present)
      • Best Lawyers® “Lawyer of the Year” (2020)
  • Martindale-Hubbell: AV Preeminent
  • Ohio State Bar Association: Certified Specialist in Labor and Employment Law
  • Ohio "Super Lawyer" (2004 to 2020)

Memberships

  • Master Bencher, Cleveland Employment Inn of Court
  • American Bar Association
  • Labor & Employment Law and Torts and Insurance Practices Sections (Employer-Employee Relations Committee). 
  • Ohio State Bar Association, Member of Labor & Employment Law Section. 
  • Cleveland Metropolitan Bar Association, Fellow, Member of Labor & Employment Law Section. 
  • The Federalist Society

Blog Posts

Community

  • Women’s Philanthropic Union – Trustee

Emerging Issues

Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, Eastern District of Arkansas
  • U.S. District Court, District of Colorado
  • U.S. District Court, Northern District of Illinois
  • U.S. District Court, Northern District of Indiana
  • U.S. District Court, District of Maryland
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, District of North Dakota
  • U.S. District Court, Northern District of Ohio
  • U.S. District Court, Southern District of Ohio
  • U.S. District Court, Western District of Tennessee
  • U.S. District Court, Eastern District of Wisconsin
  • U.S. District Court, Western District of Wisconsin
  • Ohio, 1985

Education

  • J.D., Case Western Reserve University School of Law, 1985,  magna cum laude, Order of the Coif, 1985; Research Editor (1984-85) and Associate Editor (1983-84), Case Western Reserve University Law Review
  • B.A., Case Western Reserve University, 1982

Blog

In The Blogs

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Employment Class Action Blog
Seventh Circuit Holds That Opt-Outs Lack Standing To Challenge Settlement
By Gregory V. Mersol
October 7, 2019
What were they thinking, anyway? Eighteen months ago, a group of African American financial advisors brought suit against JPMorgan Chase for alleged race discrimination and retaliation. They sought to assert claims on behalf of a class of...
Read More ->
Employment Class Action Blog
Third Circuit Affirms $4.5 Million Verdict in Favor of Exotic Dancers
By Gregory V. Mersol
September 18, 2019
A significant amount of wage and hour class/collective jurisprudence has developed around the issue of whether exotic dancers are employees or independent contractors. We’ve blogged many of these issues in the past [June 6, 2019, August...
Read More ->
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...
Read More ->
Employment Class Action Blog
Tennessee District Court Refuses Conditional Certification of Class of Assistant Managers
By Gregory V. Mersol
August 21, 2019
In collective actions under the FLSA, courts typically apply a lower standard to the first “conditional certification” stage. In some cases, that might be warranted, but in many instances courts will undertake an unduly lenient review and...
Read More ->
Employment Class Action Blog
District Court Decertifies FLSA Collective Action With Independent Contractor Issues
By Gregory V. Mersol
August 9, 2019
We’ve commented many times before that relatively few collective actions survive the “second stage” motion to decertify or, relatedly, an unofficial “third stage” when the trial court actually considers how the matter will be managed at...
Read More ->