Gregory V. Mersol

Partner

Cleveland
T +1.216.861.7935
F +1.216.696.0740

"He approaches cases cerebrally, analytically, and tactically, with an eye toward procedural defenses; his work is consistently excellent."

— Chambers USA 2013

Overview

Greg Mersol focuses on the resolution of complex workplace disputes, including class action and collective action litigation. He has been responsible for both class action and individual cases involving a panoply of issues ranging from ERISA disputes; to state and federal wage and hour claims; age, sex, race and disability discrimination actions; and litigation arising out of claimed breaches of collective bargaining agreements. Greg has litigated multiple nationwide class and collective actions, and has handled cases in the state or federal courts across the country. He has also successfully handled appeals throughout the circuit courts, as well as to the United States Supreme Court and Ohio Supreme Court.

Greg is a frequent speaker and writer on class action, discovery and employment topics. He has presented on areas such as employment class actions, statistical case presentation, class action ethics, electronic discovery and employer defense strategy. His writings include articles on class action litigation, ethics in employment class actions, LGBT rights and obligations, and wage and hour disputes and a book chapter on affirmative defenses in employment actions. In addition, Greg serves as the editor and a contributor for BakerHostetler's Employment Class Action blog, providing commentary on developments in employment class actions and litigation trends affecting employers. Greg has been certified as an Employment Law Specialist by the Ohio State Bar Association and has been designated as a Master Bencher by the Cleveland Employment Inn of Court. He has been recognized in Chambers since 2003, which has praised him as a "brilliant trial lawyer" with "total unflappability" in high exposure cases. He has been listed Best Lawyers in America since 2006, noted for his work on behalf of management, in labor and employment, and under ERISA. He was named a lawyer of the year in Cleveland Employment Law - Management in 2013 and Cleveland Labor Law – Management in 2017.

Select Experience

  • Has defended employers in class actions in state and federal courts on topics that include wage and hour disputes; independent contractor classification issues; race, sex and age discrimination; public accommodations; constitutional claims; and employee benefits.
  • Has consulted extensively with employers on electronic discovery and retention issues; evaluation of electronic document retention protocols; retrieval of electronic data; document holds; and the use, preservation and production of electronic data in litigation.
  • Has assisted employers in termination and restructuring efforts, including preparation and coordination of separation pay plans, severance agreements and related issues.
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Experience

  • Has defended employers in class actions in state and federal courts on topics that include wage and hour disputes; independent contractor classification issues; race, sex and age discrimination; public accommodations; constitutional claims; and employee benefits.
  • Has consulted extensively with employers on electronic discovery and retention issues; evaluation of electronic document retention protocols; retrieval of electronic data; document holds; and the use, preservation and production of electronic data in litigation.
  • Has assisted employers in termination and restructuring efforts, including preparation and coordination of separation pay plans, severance agreements and related issues.
  • Has tried cases throughout the state and federal court systems on both class and individual claims and on matters ranging from age, race and disability discrimination to breach of contract, benefits disputes and the Employee Retirement Income Security Act (ERISA).
  • Has regularly argued cases before state and federal courts of appeal. 
  • Has obtained successful results for employers in the insurance, transportation, technology, retail, energy, manufacturing and financial services industries, among others.
  • Has litigated a wide array of wage and hour issues, including misclassification, off-the-clock work, independent contractors, regular rate, commissions, piece rate workers, training, and tip credits.
  • Has assisted multiple employers in connection with investigations and potential termination of key employees.
Reported Decisions
  • UAW v. Kelsey-Hayes Co., _U.S._, Case No. 17.905 (Feb. 26, 2018)
  • Van Pamel v. TRW Vehicle Safety Systems, Inc., _F.3d_ (6th Cir. 2013)
  • UAW v. Kelsey-Hayes Co., 192 L.R.R.M. (BNA) 2677 (E.D. Mich. 2011)
  • Schreiber v. Philips Display Components Co., 692 F. Supp. 2d 747 (E.D. Mich. 2010), aff'd, _F.3d_ (6th Cir. 2012)
  • Harps v. TRW Automotive, 47 EBC Cases (BNA) 2846 (6th Cir. 2009)
  • Heffelfinger v. Electronic Data Systems Corp., 580 F. Supp. 2d 933 (C.D. Cal. 2008)
  • Tenney v. General Electric Co., 118 Ohio St. 3d 197, 887 N.E.2d 349 (2008)
  • Dudich v. United Auto Workers Local Union No. 1250, 454 F. Supp. 2d 668 (N.D. Ohio 2006)
  • Watson v. Cleveland Municipal Sch. Dist., 36 EBC Cases (BNA) 1177 (N.D. Ohio 2005)
  • Spohn v. Bristol-Myers Squibb Co. Ret. Income Plan, 33 EBC Cases (BNA) 1411 (N.D. Ohio 2004)
  • Risner v. Shopko Stores, Inc., 325 F. Supp. 2d 825 (N.D. Ohio 2004)
  • Rodgers v. Norfolk Southern Corp., 304 F. Supp. 2d 961 (S.D. Ohio 2003)
  • Palacio v. Progressive Ins. Co., 244 F. Supp. 2d 1040 (C.D. Cal. 2002)
  • Jaeger v. Matrix Essentials, Inc., 236 F. Supp. 2d 815, 29 EBC Cases (BNA) 1042 (N.D. Ohio 2002)
  • Weirauch v. Sprint Retirement Pension Plan, 182 F. Supp. 2d 638 (N.D. Ohio 2002)
  • Camp v. Progressive Corp., 8 WH Cases (BNA) 477 (E.D. La. 2002)
  • Ullmo v. Gilmour Academy, 273 F.3d 671 (6th Cir. 2001)
  • Chapman v. The Higbee Co., 256 F.3d 416 (6th Cir. 2001), vacated for rehearing en banc, 270 F.3d 297 (6th Cir. 2001) 
  • McCormick v. Kmart Distribution Ctr., 163 F. Supp. 2d 807 (N.D. Ohio 2001)
  • Dingle v. Union City Chair Co., 134 F. Supp. 2d 441, 16 IER Cases (BNA) 60 (E.D. Pa. 2000)
  • Lovas v. Huntington Nat'l Bank, 215 F.3d 1326 [table] (6th Cir. 2000)
  • Steppe v. Kmart Stores, 136 Ohio App. 3d 454, 737 N.E.2d 58 (1999)
  • Smoot v. United Transportation Union, 991 F. Supp. 913 (N.D. Ohio 1998)
  • Cowin v. Lutheran Hosp., 8 AD Cases (BNA) 472 (N.D. Ohio 1998)
  • State ex rel. Warren Newspapers, Inc. v. Court of Jurisdiction, 80 Ohio St. 3d 261, 685 N.E.2d 1223 (1997)
  • Biggs v. North Cent. Tel. Co., 75 FEP Cases (BNA) 617 (S.D. Ohio 1997)
  • O'Neill v. St. Luke's Med. Ctr., 13 IER Cases (BNA) 534 (Ohio App. 1996)
  • Kent v. United of Omaha Life Ins. Co., 96 F.3d 803 (6th Cir. 1996)
  • Schlett v. Avco Financial Services, 950 F. Supp. 823 (N.D. Ohio 1996)
  • State ex rel. Warren Newspapers, Inc. v. Hutson, 70 Ohio St. 3d 619, 640 N.E.2d 174 (1994)
  • Reese v. Kmart Corp., 10 IER Cases (BNA) 202 (N.D. Ohio 1994)
  • Radikovich v. The Higbee Co., 9 IER Cases (BNA) 1850 (Ohio App. 1994)
  • Henegar v. Banta, 27 F.3d 223 (6th Cir.), cert. denied, 513 U.S. 1057 (1994)
  • Cooke v. Norfolk & Western Railway Co., 143 LRRM Cases (BNA) 2591 (N.D. Ohio 1993)
  • Cromwell v. Equicor-Equitable HCA Corp., 944 F.2d 1272 (6th Cir. 1991)
  • Henegar v. Banta, 817 F. Supp. 668 (N.D. Ohio 1993)
  • International Longshoremen's Ass'n v. Norfolk Southern Co., 927 F.2d 900 (6th Cir. 1991), cert. denied, 502 U.S. 813 (1991)
  • Aldrete v. Foxboro Co., 49 Ohio App. 3d 81, 550 N.E.2d 208 (1988)
  • Cox v. Radiology Consulting Assocs. Inc., 658 F. Supp. 264 (W.D. Pa.), aff'd, 835 F.2d 282 (3d Cir. 1987) 
  • Hess v. United Tel. Co. of Ohio, 40 FEP Cases (BNA) 1487, 40 EPD (CCH) ¶ 136, 190 (N.D. Ohio 1986)
  • Mendenhall v. City of Akron, 2008-Ohio-270 (Ohio Supreme Court 2008) (amicus curiae) 
  • Elek v. Huntington Nat'l Bank, 60 Ohio St. 3d 135 (1991) (amicus curiae)

Recognitions and Memberships

Recognitions

  • Chambers USA: Labor & Employment in Ohio (2003 to 2018)
    • Band 2 (2015 to 2018 and 2003 to 2013), Band 3 (2014)
  • The Best Lawyers in America© 
    • Cleveland: Employment Law – Management (2006 to 2018)
      • Best Lawyers® 2013 "Lawyer of the Year"
    • Cleveland: Labor Law – Management (2006 to 2018)
      • Best Lawyers® 2017 "Lawyer of the Year"
    • Cleveland: Litigation – Labor & Employment (2006 to 2018)
    • Cleveland: Litigation – ERISA (2016 to 2018)
  • Martindale-Hubbell: AV Preeminent
  • Ohio State Bar Association: Certified Specialist in Labor and Employment Law
  • Ohio "Super Lawyer" (2004 to 2018)

Memberships

  • Master Bencher, Cleveland Employment Inn of Court
  • American Bar Association
  • Labor & Employment Law and Torts and Insurance Practices Sections (Employer-Employee Relations Committee). 
  • Ohio State Bar Association, Member of Labor & Employment Law Section. 
  • Cleveland Metropolitan Bar Association, Fellow, Member of Labor & Employment Law Section. 
  • The Federalist Society
  • Ohio Management Lawyers Association, Charter Member.

Blog Posts

Community

  • Women’s Philanthropic Union – Trustee 
  • Friendly Inn Settlement, Inc. – Trustee

Admissions

  • U.S. Supreme Court, 1992
  • U.S. Court of Appeals, Second Circuit, 2014
  • U.S. Court of Appeals, Third Circuit, 1987
  • U.S. Court of Appeals, Sixth Circuit, 1986
  • U.S. Court of Appeals, Eighth Circuit, 1986
  • U.S. Court of Appeals, Ninth Circuit, 2008
  • U.S. District Court, District of Colorado, 2015
  • U.S. District Court, Northern District of Illinois, 2013
  • U.S. District Court, Eastern District of Wisconsin, 2012
  • U.S. District Court, Eastern District of Michigan, 2007
  • U.S. District Court, Northern District of Indiana, 2003
  • U.S. District Court, District of North Dakota, 1999
  • U.S. District Court, Southern District of Ohio, 1988
  • U.S. District Court, Northern District of Ohio, 1986
  • U.S. District Court, Western District of Tennessee, 2017
  • U.S. District Court, Western District of Wisconsin, 2016
  • Ohio, 1985

Education

  • J.D., Case Western Reserve University School of Law, 1985,  magna cum laude, Order of the Coif, 1985; Research Editor (1984-85) and Associate Editor (1983-84), Case Western Reserve University Law Review
  • B.A., Case Western Reserve University, 1982

Blog

In The Blogs

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Employment Class Action Blog
Eighth Circuit Quashes Subpoena for Related Entities in FLSA Case
By Gregory V. Mersol
July 9, 2018
It’s fairly uncommon to see discovery issues make their way to courts of appeal, particularly in class action or wage and hour cases. Last week, however, the Eighth Circuit issued a decision regarding the scope of discovery in a wage and...
Read More ->
Employment Class Action Blog
New York District Court Rejects Putative Class Settlement Involving Interns
By Gregory V. Mersol
July 5, 2018
An improper class still isn’t a class even if you settle Here’s something you don’t see every day. A district court has rejected the settlement of a proposed class and collective action – not due to the usual reasons such as excessive...
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Employment Class Action Blog
6th Circuit Rejects Crude Statistics Based on Small Sample
By Gregory V. Mersol
June 29, 2018
Case addresses scope of EEOC charge, too The Sixth Circuit has issued an opinion involving a number of class action and employment issues in a case arising out of an unusual fact pattern and convoluted procedural history. The most...
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Employment Class Action Blog
New York District Court Denies Conditional Certification of Class of Café Managers
By Gregory V. Mersol
June 27, 2018
The United States District Court has rendered a decision that is interesting in at least two respects. First, it is a lengthy and thoughtful opinion denying certification of a putative class of 1,100 café managers under the Fair Labor...
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Employment Class Action Blog
Experts Must Satisfy Daubert Standards at Certification Stage
By Gregory V. Mersol
June 5, 2018
D.C. District Court Follows Dukes Admonition Nearly seven years ago, in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), the Supreme Court addressed, at least in significant respect, the question of whether experts must satisfy Daubert...
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