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.
More »

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 2020)
    • Recommended in Labor and Employment Disputes (including collective actions): Defense
  • Chambers USA: Labor & Employment in Ohio (2003 to 2020)
    • Band 1 (2020), 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 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

Previous Next
Employment Class Action Blog
North Carolina Court Rejects Collective Action Based on Regular Rate Issues
By Gregory V. Mersol
September 28, 2020
In some instances, it’s hard to see what benefit there is to a class action other than for the lawyers. This is particularly true in so-called “regular rate” cases challenging employer perks such as free meals, various kinds of bonuses, or...
Read More ->
Employment Class Action Blog
Eleventh Circuit Invalidates Class Action Individual Incentive Awards
By Gregory V. Mersol
September 21, 2020
Yes, you read that right. Class action litigation is fueled largely by the availability of often large attorney fee awards. To get a class action case in the first place, however, attorneys bringing them often entice a potential individual...
Read More ->
Employment Law Spotlight
DOL Issues New Guidance on Several FFCRA Issues
By Gregory V. Mersol
September 14, 2020
Introduction The Families First Coronavirus Response Act (FFCRA) was enacted just under six months ago in the wake of closings prompted by the then new coronavirus pandemic. As most employers know, the FFCRA created leave rights for many...
Read More ->
Employment Class Action Blog
Missouri District Court Rules on Employment Class Action Procedural Quagmire
By Gregory V. Mersol
August 31, 2020
Res judicata helps cut the Gordian knot Rule 23 and FLSA Section 16(b) can provide myriad benefits to the plaintiffs in class actions, but in some instances the attorneys may resort to procedural runarounds to try to leverage those...
Read More ->
Employment Class Action Blog
Florida District Court Denies Conditional Certification in ‘Tip Credit' Case
By Gregory V. Mersol
August 27, 2020
Tip credit issues are inherently difficult. Section 3(m) of the Fair Labor Standards Act permits an employer to count tips toward a portion of a tipped employee’s wages to meet the minimum wage (and in some instances overtime) requirements...
Read More ->