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 2021)
    • Band 4 (2010 to 2021)
  • 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
Third Circuit Rejects District Court’s Trial-Before-Certification Plan
October 20, 2021
Years ago, employers argued unsuccessfully that plaintiffs should not be able to pursue so-called hybrid claims pursuing both Rule 23 opt-out classes and Fair Labor Standards Act (FLSA) opt-in collective claims at the same time. They noted...
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Employment Class Action Blog
The Fifth Circuit Again Considers the ‘Forby’ Case and When the Right To Arbitrate Is Waived Based on an Amended Complaint
October 8, 2021
By John B. Lewis As we have said in the past, determining when a party waives its right to arbitrate is never easy and the nuanced standards vary among the circuits. Now a case that has come to the U.S. Court of Appeals for the Fifth...
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Employment Class Action Blog
Divided Ninth Circuit Reinstates Part of California's Anti-Arbitration Law
By Gregory V. Mersol
September 22, 2021
For many years, state and federal courts in California have opposed arbitration and have manufactured frameworks under which they become unenforceable despite the clear directives of the Federal Arbitration Act (FAA) and countless Supreme...
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Employment Class Action Blog
Spending Bill Would Place Class Action Waivers in Jeopardy
By Gregory V. Mersol
September 10, 2021
Only three years ago, the Supreme Court reversed the holdings of a large number of lower courts and held that class action waivers in arbitration agreements were enforceable. Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018). We blogged...
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Employment Class Action Blog
Court Refuses to Certify Class for Allegedly Defective Flight Attendant Uniforms Claims About Uniforms Not Themselves Uniform
By Gregory V. Mersol
August 20, 2021
The United States District Court for the Western District of Wisconsin has refused to grant certification in a two-year-old dispute over uniforms for airline personnel. In Gilbert v. Lands’ End, Inc., Case No. 19-cv-823-jdp (W.D. Wisc...
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