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

  • The Legal 500 United States (2019)
    • Recommended in Labor and Employment Disputes (including collective actions): Defense
  • Chambers USA: Labor & Employment in Ohio (2010 to 2020)
    • Band 4 (2010 to 2020)
  • 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 2020)

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
District Court Dismisses Majority of Claims in Women's Soccer Equal Pay Dispute
By Gregory V. Mersol
May 22, 2020
The U.S. Women’s Soccer team has won four FIFA World Cup titles and four Olympic gold medals. The U.S. Men’s Soccer team has not, and did not even qualify for the most recent men’s World Cup. In the wake of the successes of the women’s...
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Employment Class Action Blog
The Third Circuit Demonstrates That Arbitration Rules Really Do Matter
By John B. Lewis
May 4, 2020
Some may have wondered whether mentioning the rules of an administrative organization, such as the American Arbitration Association (AAA), in an arbitration agreement could have a legal impact. It can. A number of decisions have considered...
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Employment Class Action Blog
Maryland District Court Grants Summary Judgment Against Collective Class in Claimed Misclassification Case
By Gregory V. Mersol
April 21, 2020
Misclassification cases are grist for the mill in wage and hour litigation. As we have pointed out previously, the typical pattern is for the plaintiff to assert claims for unpaid overtime on the grounds that the position involved...
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Employment Class Action Blog
Maryland District Court Refuses Conditional Certification of Proposed Class of Grocery Store Managers
By Gregory V. Mersol
April 15, 2020
Grocery stores have taken on special prominence as being on the front lines of the current coronavirus pandemic. Just as that role was becoming apparent, the federal district court in Maryland issued a strong opinion not only denying...
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Employment Class Action Blog
Another Court Rules on When Ride-Sharing Drivers Are Exempt From Arbitration
By John B. Lewis
April 3, 2020
In this time of concern regarding the COVID-19 pandemic, there are other challenges still confronting companies. One involves the standard for enforcing arbitration agreements involving transportation workers. Or, stated differently, when...
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