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 2019)
    • Band 4 (2010 to 2019)
  • The Best Lawyers in America© (2006 to present)
    • Ohio: Employment Law – Management
    • Ohio: Labor Law – Management
    • Ohio: Litigation – Labor and Employment
  • Ohio "Super Lawyer" (2005 to 2019)

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
Recent Decisions Don't Provide Useful Guidance on Tests for the FAA Exemption of Transportation Workers
By John B. Lewis
April 29, 2019
Sometimes being right is not a virtue, especially when it comes to the Federal Arbitration Act § 1 exemption. We predicted uncertainty after the New Prime v. Oliveira decision and got it. See our Jan. 17, 2019, blog post on the exemption...
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Employment Class Action Blog
SCOTUS Reverses Ninth Circuit on Proper Bases for Class Arbitrations
By John B. Lewis
April 25, 2019
The U.S. Supreme Court, in a 5-4 decision, ruled that arbitration agreements must provide a “contractual basis for concluding that the part[ies] agreed to [class arbitration].” Reversing the Ninth Circuit, Chief Justice John Roberts found...
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Employment Class Action Blog
Illinois District Court Decertifies Equal Pay Act Collective Class Involving Physicians
By Gregory V. Mersol
April 24, 2019
Section 16(b) of the Fair Labor Standards Act (FLSA) is the provision that requires those participating in a federal claim for minimum wages or overtime to opt in to the class, making Rule 23 inapplicable. The same enforcement applies to...
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Employment Class Action Blog
Missouri District Court Decertifies FLSA Class of IT Workers
By Gregory V. Mersol
April 23, 2019
We’ve noted before that while conditional certification motions are often granted, such classes fare far less well at the second decertification stage and just as poorly on the eve of trial. See: “Ninth Circuit Affirms Decertification of...
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Employment Class Action Blog
Illinois District Court Stays Conditional Certification Order Pending Appeal on Arbitrability Issues
By Gregory V. Mersol
April 10, 2019
More games of cat and mouse Following the Supreme Court’s decision in Epic Systems Corp. v. Lewis, 138 S. Ct. 1632 (2018), plaintiffs have tried to come up with strategies to address the impact of arbitration agreements in class and...
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