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 2018)
    • Band 4 (2010 to 2018)
  • 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 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
California Courts Limit Derivative Wage Statement Claims
By Joseph S. Persoff
August 29, 2018
A common tactic for plaintiffs bringing wage and hour claims is to tack onto those claims an inaccurate wage statement claim under California Labor Code § 226. Here’s an example: A plaintiff brings a claim alleging that she was not paid...
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Employment Class Action Blog
And Yes, Epic Systems Applies to Independent Contractors, Too
By Gregory V. Mersol
August 27, 2018
Unreported opinion will also impact potential counterstrategy Just three months ago, the Supreme Court rendered its decision in Epic Systems Corp. v. Lewis, 138 S. Ct. 1632 (2018), in which it rejected perhaps the largest remaining...
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Employment Class Action Blog
California Meal Period Claim Done In by Collective Bargaining Agreement
By Gregory V. Mersol
August 24, 2018
While the proportion of private sector employees represented by unions is down, unions retain an important workplace role, and the terms of collective bargaining agreements can both affect and be fatal to wage and hour litigation. That was...
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Employment Class Action Blog
Eleventh Circuit Overturns Default Judgment for Failing to Pay Arbitrator's Fee
By Gregory V. Mersol
August 20, 2018
With the Epic Systems case broadly supporting employers’ rights to use arbitration agreements with class waivers, what is now emerging is the result of the necessary trade-off. Employers can, in the wake of Epic Systems, use arbitration...
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Employment Class Action Blog
[Gasp!] Epic Systems Decision Applies to FLSA Claims
By John B. Lewis
August 17, 2018
No shocking outcome here. In Gaffers v. Kelly Services, Inc., Case No. 16-2210 (6th Cir. Aug. 15, 2016), the Sixth Circuit held that the Supreme Court’s decision in Epic Systems v. Lewis, 138 S. Ct. 1632 (2018) [which we blogged here]...
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