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 Cleveland Labor and Employment Leader and is the practice team co-leader of BakerHostetler's Employment Class and Collective Actions 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 to 2021)
    • Recommended in Labor and Employment Disputes (including collective actions): Defense
  • Chambers USA: Labor & Employment in Ohio (2003 to 2021)
    • Band 1 (2020 to 2021), 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, 2021)
    • 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 2021)

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

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
Divided Ninth Circuit Reinstates Part of California's Anti-Arbitration Law
By Gregory V. Mersol
September 22, 2021
For many years, state and federal courts in California have opposed arbitration and have manufactured frameworks under which they become unenforceable despite the clear directives of the Federal Arbitration Act (FAA) and countless Supreme...
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Employment Class Action Blog
Spending Bill Would Place Class Action Waivers in Jeopardy
By Gregory V. Mersol
September 10, 2021
Only three years ago, the Supreme Court reversed the holdings of a large number of lower courts and held that class action waivers in arbitration agreements were enforceable. Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018). We blogged...
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Employment Class Action Blog
Court Refuses to Certify Class for Allegedly Defective Flight Attendant Uniforms Claims About Uniforms Not Themselves Uniform
By Gregory V. Mersol
August 20, 2021
The United States District Court for the Western District of Wisconsin has refused to grant certification in a two-year-old dispute over uniforms for airline personnel. In Gilbert v. Lands’ End, Inc., Case No. 19-cv-823-jdp (W.D. Wisc...
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Employment Class Action Blog
Sixth Circuit Limits Scope of Putative Nationwide FLSA Collective Actions on Personal Jurisdiction Grounds
By Gregory V. Mersol
August 18, 2021
Four years ago, in Bristol-Myers Squibb v. Superior Court, 137 S. Ct. 1773 (2017), the United States Supreme Court addressed an effort by plaintiffs to bring 600 product liability claims, mostly by non-Californians, in the form of a mass...
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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...
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