Employment Class Actions

BakerHostetler's Employment Class Actions team combines expertise and specific experience of an employment litigation boutique with the depth and resources of a national firm that handles class action matters of every size and description.

Our Employment Class Actions team handles matters in a wide variety of industries, involving numerous state and federal statutes and myriad issues. Our depth of experience includes wage-and-hour litigation, claims of sex, race, age, and disability discrimination and as claims for benefits under ERISA, Section 301 of the Labor Management Relations Act and state common law. We also litigate wage-and-hour matters extensively in California, where the Private Attorney General Act (PAGA) has encouraged a plethora of employee lawsuits and have addressed a wide range of California state law claims involving overtime, pay statements, meal and rest periods, waiting time penalties and other issues.

We believe that every class action is different. We approach every case as a unique challenge, working with the client to craft and execute strategies that address the case’s unique features and that meet the company’s broader business needs. In class action litigation, we draw on BakerHostetler's resources in electronic discovery, database construction and analysis and technical ability to interact with clients' HR and other relevant electronic systems.

We understand the array of risks clients face when confronted with employment class actions, from substantial liability to sensitive publicity and potential damage to employee relations.

Our ongoing engagement in high-stakes employment class litigation has put us on the cutting edge of evolving strategies in class action defense. Our analytic grasp of emerging issues is evident in our well-regarded Employment Class Action Blog.

While recent Supreme Court decisions in the Dukes, Comcast and American Express cases have on balance favored employers, we anticipate new challenges as the plaintiff's bar adapts and develops new strategies. We also anticipate opportunities to extrapolate from those decisions and extend them to wage-and-hour litigation.

Select Experience

Our recent employment class action litigation successes include the following:

  • We successfully opposed certification of a class of truck terminal supervisors claiming that they were misclassified as exempt for overtime purposes.
  • We tried and won a class action case involving alleged entitlement to retiree health insurance benefits following a plant closing, and defended the defense judgment on appeal.
  • We successfully represented a construction company and their subcontractors in a unique Fair Labor Standards Act and prevailing wage case in a Miami federal court. The matter received national press attention due to our strategy to move to dismiss the case for lack of jurisdiction because the defendant paid in excess of the federal minimum wage.

Recognition

  • Chambers USA: Labor & Employment
    • Florida (2007 to 2016)
    • Ohio: Band 1 (2007 to 2016)
    • Texas (2014 to 2016)
  • The Legal 500 United States: Labor and employment: Labor and employment disputes (including collective actions): defense (2016)
  • BTI Client Service 30: BakerHostetler advanced 19 positions to #9 (2016)
  • “Best Law Firms” 2014: National Tier 1 Ranking in the area of Employment Law - Management from U.S. News – Best Lawyers®.
  • The Best Lawyers in America© 2014: Twenty-two partners were selected by their peers for inclusion in  in various employment-related fields.
  • Corporate Counsel® and The American Lawyer magazines "Go-to Law Firm” for Labor & Employment by general counsel (2013) 
  • Workforce Management Magazine: Top Employment Law Firms
  • The Lawdragon/Human Resource Executive list of the Nation's Top Employment Attorneys includes three members of the team in their Top 100 list, with one additional attorney named among the nation's top 20 labor lawyers.
  • Florida Trend's “Legal Elite"
  • Numerous partners have been certified as employment law specialists by their respective state bar associations.

News

Press Releases

Key Contacts

Blog

In The Blogs

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Employment Law Spotlight
NLRB Makes Up More New Rules on Joint Employment
By Todd H. Lebowitz
July 17, 2016
Remember that kid in elementary school who, whenever you were winning at some made-up playground game, would change the rules in the middle? “Kids can be so unfair,” your parent might have said, trying to console you. “But when you get...
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Employment Law Spotlight
Nationwide Preliminary Injunction Bars Implementation of Department of Labor’s “Persuader Rule”
June 30, 2016
On June 27, a federal court in Texas enjoined the United States Department of Labor (“DOL”) from implementing its new interpretation of the “Persuader Rule.” In a sweeping 86-page rebuff to the DOL, the court opined that the DOL’s new...
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Employment Class Action Blog
Here’s a Tip for You, Jack – Fifth Circuit Upholds Ruling on Restaurant Credit Card Offset
June 23, 2016
Life is filled with risky decisions. Should you take that new job? Should you put in an offer on that house that is just out of your price range? Should you really eat that last piece of cake when you’ve already had two? Companies make big...
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Employment Law Spotlight
OFCCP Issues New Sex Discrimination Rule
By Carrie A. Valdez
June 16, 2016
We have made progress as a country in opening career opportunities for women that were, for decades, the province of men. Yet, there is more work that lies ahead to eradicate sex discrimination. This is why it is important that we bring...
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Employment Law Spotlight
NLRB “Quickie Election Rule” Upheld by Fifth Circuit
June 15, 2016
On June 11, 2016, the United States Court of Appeals for the Fifth Circuit upheld the National Labor Relations Board’s (the “NLRB’s” or the “Board’s”) regulations enacted last year, radically altering the traditional rules governing union...
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