Martin T. Wymer

Partner

Cleveland
T +1.216.861.6021
F +1.216.696.0740

"Martin Wymer is 'a very solid attorney and one of the best case managers on the planet.'"

— Chambers USA 2015

Overview

Marty Wymer is a trial lawyer who represents companies in high-stakes, complex employment litigation, including wage and hour and discrimination class actions, executive termination disputes, and cases brought by corporate whistleblowers. Marty has successfully represented businesses throughout the country at both the trial and appellate levels in a wide range of industries, with particular emphasis in the information technology (IT) and financial services sectors.

Marty is ranked in Chambers USA: America’s Leading Lawyers for Business in Labor & Employment and has been listed in The Best Lawyers in America© since 2006.

Select Experience

  • Served as lead counsel for leading global information technology companies in a series of national, hybrid collective and class actions involving state and federal wage and hour claims brought on behalf of thousands of employees involved in sophisticated information technology roles.
  • Defeated the class certification of a proposed class of more than 700 California-based, highly technical IT employees of a Fortune 50 global technology company.
  • Represented an industry-leading IT outsourcing company in a wage and hour class action brought on behalf of 600 highly technical California-based employees, obtaining summary judgment as to part of the class, then defeating certification as to the remaining class members.
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Experience

  • Served as lead counsel for leading global information technology companies in a series of national, hybrid collective and class actions involving state and federal wage and hour claims brought on behalf of thousands of employees involved in sophisticated information technology roles.
  • Defeated the class certification of a proposed class of more than 700 California-based, highly technical IT employees of a Fortune 50 global technology company.
  • Represented an industry-leading IT outsourcing company in a wage and hour class action brought on behalf of 600 highly technical California-based employees, obtaining summary judgment as to part of the class, then defeating certification as to the remaining class members.
  • Has successfully tried numerous discrimination and/or wrongful termination cases in a variety of jurisdictions and forums, including wrongful termination cases brought by terminated senior executives of a global high-end management consulting firm following a corporate reorganization.
  • Has successfully defended claims brought by purported corporate whistleblowers in the IT, energy, defense and financial services industries.

Recognitions and Memberships

Recognitions

  • Chambers USA: Labor & Employment in Ohio (2010 to 2017)
  • The Best Lawyers in America© (2006 to 2018)
    • Cleveland: Employment Law – Management
    • Cleveland: Labor Law – Management
    • Cleveland: Litigation – Labor and Employment
  • Ohio "Super Lawyer" (2005 to 2017)

Memberships

  • ACI National Wage & Hour Class Action Forum: Co-Chair (2012 and 2013)
  • American Bar Association
  • Ohio State Bar Association
  • Michigan Bar Association
  • Cleveland Bar Association

Community

  • Easter Seals Northern Ohio: Chairman of the Board of Directors
  • Boys & Girls Clubs of Cleveland: Board of Directors
  • ALS Association Northern Ohio Chapter: Board of Directors
  • British-American Chamber of Commerce, Cleveland Chapter: Honorary Board Member

Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Northern District of Ohio
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Western District of Michigan
  • U.S. District Court, District of Colorado
  • Michigan, 1990
  • Ohio, 1984

Education

  • J.D., The Ohio State University Michael E. Moritz College of Law, 1984, with honors
  • B.A., University of Cincinnati, 1980, summa cum laude, Phi Beta Kappa

Blog

In The Blogs

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Employment Class Action Blog
Supreme Court Overrules Sixth Circuit (Again) In Class Action Dispute Over Retiree Medical Benefits
February 21, 2018
Is Yard-Man really dead this time? This issue should never have arisen, the Supreme Court should not have had to address it in 2015, and it shouldn’t have required Supreme Court attention a second time just three years later. But it did.  ...
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Employment Class Action Blog
Courts Deny Certification for Adequacy of Representation in Second Class Action
February 16, 2018
One of the tactics in the current plaintiffs’ wage and hour playbook is to bring a second claim after settlement of an initial class or collective action lawsuit. In these cases, the second set of claims is purportedly brought on behalf of...
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Employment Class Action Blog
Faulty Statistics Lead to Decertification of California Wage and Hour Case
February 9, 2018
Nearly four years ago, the California Supreme Court issued its decision in the case of Duran v. U.S. Bank National Ass’n, 59 Cal. 4th 1 (2014), in which it virtually catalogued the many problems inherent in the plaintiffs’ statistical case...
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Employment Class Action Blog
Minnesota Court Cuts Proposed Attorney Fee Award From $3.2 Million to $600,000 in Off-the-Clock Case
February 7, 2018
In 2014, five law firms brought a claim for alleged off-the-clock work. As discovery revealed, the claims all arose out of conduct involving a single shift supervisor at a single restaurant, and the conduct was disputed at that. Although...
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Employment Class Action Blog
Second Circuit Affirms Summary Judgment in Putative Internship Class
December 12, 2017
Four years ago, a wave of cases involving unpaid internships looked to be the next “big thing.” As those cases sputtered, however, and employers reduced or eliminated internships, the flood of anticipated litigation never fully...
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