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Practice/Industry Group Overview
Employment-related class action lawsuits are on the rise. The potential for large recoveries, adverse publicity, and expensive litigation can threaten a company's bottom line, stock value, and reputation. At Baker Hostetler, we are known for our ability to end class actions before they begin through creative case management, motion practice, and aggressive defeat of class certification.
We have successfully represented clients at virtually every stage of employment class action litigation. In particular, our extensive experience in the wage-and-hour area coupled with our proven track record of successfully defending class, collective and representative actions make us uniquely qualified to effectively handle complex wage and overtime liability claims on behalf of our clients. In addition to defending clients against actions involving the Fair Labor Standards Act (FLSA), we have handled every type of employment and civil rights lawsuit, including claims of discrimination, claims for benefits under the Employee Retirement Income Security Act, Section 301 of the Labor Management Relations Act, and under state common law.
We also work to find solutions to class action litigation outside the realm of the courthouse. Through our regulatory experience, we can assist employers by coordinating and obtaining guidance from statistical experts, and appropriate agencies and then work to resolve potential class action threats through means outside of traditional litigation.
We are known for our ability to end class actions before they begin.
Recognition
- Seven of our employment partners are listed in The Best Lawyers in America.
- Our employment and labor practice is ranked first in Ohio and is among the leading practices in Florida and Texas (Chambers USA, June 2006).
- Chambers USA 2006 lists eight Florida, Ohio and Texas employment partners as leaders in the field.
- Numerous partners have been certified as employment law specialists by their respective state bar associations.
- Our lawyers are frequent speakers and authors on class action topics.
- Employment lawyers have received special regional recognition in Florida Trend's "Legal Elite" publication
- Some of the individual recognition our lawyers have attained include selection as one of America's leading black lawyers by Black Enterprise magazine, receiving the District of Columbia Bar's "Legends in the Law" award, the Republican National Lawyers Association's "Republican Lawyer of the Year" award, and inclusion as a Fellow in the College of Labor and Employment Lawyers.
- One of our partners is the only person to have served as both the former Chairman of the National Labor Relations Board and as Director of the Wage and Hour Division of the U.S. Department of Labor.
Leadership in Action
Employment Class Actions: Defusing a Class Lawsuit
To help our client avoid health and prescription drug benefit obligations to the retirees of a facility that had been sold.
Client: A Midwestern Manufacturer
Type of Matter: Employment Class Action
Our Client's Challenge: Our client sold a large manufacturing facility in western Ohio that had hundreds of retirees from its unionized workforce. Years later, the buyer, which was undergoing financial difficulties, eliminated retiree benefits shortly before closing the plant. The retirees brought a class action seeking extensive prescription drug and health insurance benefits.
The Goal: Avoid liability for the retiree obligations.
Our Strategy: Because the prescription drug obligations were by far the most extensive, we aggressively focused on that aspect of the case, obtaining a favorable ruling from the Court and substantially reducing the overall exposure. We then negotiated with the buyer and the union to obtain an agreement relieving our client from all remaining liability in exchange for the buyer's agreement not to change the remaining benefits.
Results: Our client was relieved of any obligation without paying any additional sums.
Class Action Experience
- Represented national insurer in the resolution of a set of nationwide class and collective actions alleging unpaid overtime and misclassification of employees.
- After obtaining denial of a motion for class certification of a class of several hundred female employees, we obtained summary judgment on behalf of our FORTUNE 100 client on the plaintiff's individual claims.
- Provided oversight for insurance carriers in numerous employment class actions filed against utilities.
- Obtained judgment for a client in a class action by union retirees challenging changes to the client's retiree medical benefit plan.
- Negotiated a zero dollar settlement of a federal class action lawsuit brought against our client, a large hospital, by the Service Employees International Union.
- Represented large petroleum company in ADA class action litigation involving all of its nearly 5,000 gas stations and convenience stores nationwide.
- Defended claims of alleged breaches of fiduciary obligations against employer trustees of Taft-Hartley plans.
- Defended numerous manufacturers in class action claims for alleged unpaid retiree health insurance benefits.
- Removed class action threat against FORTUNE 100 manufacturer through case management negotiation before the court.
- Successfully resolved nationwide claim of sex discrimination in lending against financial institution by addressing standing issues.
- Won a jury verdict in a Title VII race discrimination, racial harassment and retaliation class action, which was selected as one of the "Top Defense Verdicts" by The National Law Journal.
- Negotiated dismissal of class action against manufacturer for retiree health care for spin-off operations.
- Won class action for employer accused of violating WARN Act in connection with major plant closing.
- Obtained dismissal for retail client accused of race discrimination in public accommodations.
- Obtained summary judgment on behalf of retailer in nationwide collective action alleging misclassification of store managers.
- Provided oversight for numerous class actions against utilities alleging race discrimination in employment.
- Advised manufacturers and others in connection with evaluation and pre-suit mediation of class action disputes.
Solution
Baker Hostetler develops client- specific, secure Internet sites or "portals" for fast and efficient matter management and client communication.
About Our Employment Team
Ranked among the Top 10 Employment Law Firms by Workforce Management Magazine in 2006, Baker Hosetler counsels many of the nation's leading companies on all aspects of employment law. With over 100 lawyers coast-to-coast, Baker Hostetler's Employment and Labor Group represents numerous FORTUNE 500 companies, and for many of these companies, we serve as their national employment and labor counsel. Our comprehensive employment practice is comparable in size and depth to top employment law boutiques, but we offer the broader resources and expertise of a leading, full-service firm.
About Baker Hostetler
Baker Hostetler lawyers help clients establish, maintain and protect market-leading positions across the United States and around the world. We offer clients the strength of 600+ lawyers in a full range of practices, a unique geographic platform including both coasts and the center of the country, a deep knowledge of industry issues and a 90-year track record of excellence and achievement.
For more information about our Employment and Civil Rights Class Action Practice:
National Contact
John B. Lewis
216.861.7496
jlewis@bakerlaw.com
Cincinnati
David G. Holcombe
513.929.3402
dholcombe@bakerlaw.com
Cleveland
Gregory V. Mersol
216.861.7935
gmersol@bakerlaw.com
Columbus
Ronald G. Linville
614.462.2647
rlinville@bakerlaw.com
Costa Mesa
Joseph L. Chairez
714.966.8822
jchairez@bakerlaw.com
Denver
Richard S. Mandelson
303.764.4022
rmandelson@bakerlaw.com
Houston
Hurlie H. Collier
713.646.1332
hcollier@bakerlaw.com
Nancy L. Patterson
713.646.1339
npatterson@bakerlaw.com
Los Angeles
Margaret Rosenthal
310.442.8893
mrosenthal@bakerlaw.com
New York
Tracy Cole
212.589.4210
tcole@bakerlaw.com
Orlando
Kevin W. Shaughnessy
407.649.4014
kshaughnessy@bakerlaw.com
Washington, DC
David A. Grant
202.861.1638
dgrant@bakerlaw.com
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