Employment Class Actions

Overview

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.

Professionals

Name Title Office Email
Partner Orlando
Partner Atlanta
Partner Cleveland
Partner Cleveland
Associate Chicago
Staff Attorney Cincinnati
Partner Chicago
Counsel Los Angeles
Partner Cleveland
Associate Los Angeles
Partner Denver
Associate Orlando
Associate Chicago
Partner Cincinnati
Partner Cleveland
Partner Chicago
Partner Houston
Partner Cleveland
Partner Los Angeles
Counsel Denver
Partner Los Angeles
Partner Orlando
Partner Chicago
Partner New York
Partner Cleveland
Counsel Philadelphia
Partner Cleveland

Recognition

  • Chambers USA: Labor & Employment
    • Florida (2007 to 2017)
    • Ohio: Band 1 (2007 to 2017)
    • Texas (2014 to 2017)
  • 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)
  • U.S. News – Best Lawyers "Best Law Firms" (2017)
    • Litigation - Labor & Employment: National Tier 1
  • 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.

Blog

In The Blogs

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Employment Law Spotlight
New NYC Law Requires Written Agreements for Solo Contractors, Even Nannies and Babysitters!
May 19, 2017
Do you have a nanny or a housekeeper? A regular babysitter? If so, pay attention. Anyone hiring a solo independent contractor in New York City will need to comply with the Freelance Isn’t Free Act, which takes effect May 15, 2017. Anyone...
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Employment Class Action Blog
Independent Contractor Trucker Dodges FAA Arbitration and Keeps His Class Action Alive
May 19, 2017
In Oliveira v. New Prime, Inc., No. 15-2364 (May 12, 2017), the U.S. Court of Appeals for the First Circuit confronted two arbitration-related questions of first impression in that Circuit. In the case, Dominic Oliveira had signed an...
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Employment Law Spotlight
New York District Court Holds That Title VII Protects Against Sexual Orientation Discrimination
By Amanda Van Hoose Garofalo
May 16, 2017
Following the Supreme Court decision that same sex marriages are legal, there has been a movement to further expand rights and protections against sexual orientation bias. That trend is appearing in federal courts, where plaintiffs are...
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Employment Class Action Blog
Supreme Court Rejects State Rule That Subjects Arbitration Agreements to Higher Standards
May 16, 2017
Some wondered why the U.S. Supreme Court granted certiorari in Kindred Nursing Centers L.P. v. Clark, No. 16-32, and after oral argument on February 22, 2017, many felt they knew the outcome. Indeed, Justice Stephen Breyer commented during...
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Employment Class Action Blog
California Supreme Court Clarifies “Day of Rest” Requirements
By Lucas Paule
May 10, 2017
California’s employment laws have consistently caused headaches for employers because even minor technical violations of these laws can fuel class action litigation and prove costly. However, a recent decision by the California Supreme...
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