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 devotes his practice to 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, wage and hour disputes, and a chapter in a book (now in its third edition) 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, Cleveland Labor Law – Management in 2017, and Cleveland Litigation  – ERISA in 2018.

Select Experience

  • Regularly defends 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; and employee benefits under the Employee Retirement Income Security Act (ERISA).
  • 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

  • Regularly defends 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; and employee benefits under the Employee Retirement Income Security Act (ERISA).
  • 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 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., 138 U.S. 1166 (2018)
  • Van Pamel v. TRW Vehicle Safety Systems, Inc., 723 F.3d 664 (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, 503 Fed. Appx. 385 (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 2019)
    • Band 2 (2003 to 2013 & 2015 to 2019), Band 3 (2014)
  • The Best Lawyers in America© 
    • Ohio: Litigation – ERISA (2016 to present)
      • Best Lawyers® 2018, 2019 "Lawyer of the Year"
    • Ohio: Employment Law – Management (2006 to present)
      • Best Lawyers® 2013 "Lawyer of the Year"
    • Ohio: Labor Law – Management (2006 to present)
      • Best Lawyers® 2017 "Lawyer of the Year"
    • Ohio: Litigation – Labor & Employment (2006 to present)
  • Martindale-Hubbell: AV Preeminent
  • Ohio State Bar Association: Certified Specialist in Labor and Employment Law
  • Ohio "Super Lawyer" (2004 to 2019)

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. 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, Western District of Tennessee, 2017
  • U.S. District Court, Western District of Wisconsin, 2016
  • U.S. District Court, District of Maryland, 2018
  • 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. Supreme Court, 1992
  • 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
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...
Read More ->
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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Employment Class Action Blog
Another Court Rejects Class Claims Contending That Vocational Students Are Really Employees
By Gregory V. Mersol
February 22, 2019
In yet another challenge regarding the employment status of students and interns as employees, the Second Circuit has concluded quite rightfully that vocational students – even those at for-profit institutions – are still students. We’ve...
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Employment Class Action Blog
Texas District Court Refuses to Certify Class of Nurses in Wage Antitrust Case
By Gregory V. Mersol
January 24, 2019
Expert’s Report Didn’t Adequately Explain Causation While antitrust cases are often good candidates for class action treatment, it is still important for the plaintiffs to demonstrate a connection between the alleged anti-competitive...
Read More ->