Labor and Employment Class and Collective Actions
We are one of the leading firms in representing employers in the defense of all forms of class actions alleging employment and labor claims, as well as pattern-and-practice employment discrimination claims brought by the Equal Employment Opportunity Commission (EEOC), other governmental agencies and private litigants. We have represented some of the largest employers in some of the most challenging and complex class and collective actions. In a number of those cases, we have defeated class certification. In others, we have been successful in obtaining summary judgment.
We have developed creative solutions for resolving complex cases on a basis satisfactory to the client, including the use of mediation and other forms of alternative dispute resolution. Our work in this area often involves identifying and working with expert witnesses such as statisticians, labor market economists, industrial psychologists and test-validation experts. These experiences have enabled us to effectively and efficiently identify the best experts for our clients’ needs. We are experienced in data collection and document management and have invested in state of the art technology. As a result, our work is cost-effective while relieving some of the burden that otherwise would be imposed on our clients.
Representative cases in which we have successfully tried, won summary judgments, or negotiated favorable outcomes for our clients include:
- A system-wide race discrimination class action brought against a major transportation company alleging discrimination in cognitive testing for promotions to management-level positions.
- A company-wide sex discrimination class action brought against a major retailer alleging discrimination in compensation and promotion.
- An age discrimination class action against a major corporation alleging discrimination in connection with a large reduction-in-force.
- A class action alleging age discrimination in connection with seniority rights governed by a collective bargaining agreement.
- A class action brought against a large manufacturer alleging age discrimination and discrimination in the calculation of pension benefits under ERISA.
- A class action brought under the Fair Labor Standards Act (FLSA) alleging failure to pay overtime to employees in assistant manager positions.
- Pattern-and-practice lawsuits brought by the EEOC against a major utility alleging sex discrimination in hiring employees in meter-reading and power plant-operating positions, and against a nationwide employment agency alleging race, sex, national origin and age discrimination.
- A class action brought on behalf of physically disabled persons under the Americans With Disabilities Act against a national chain of movie theaters regarding physical accommodations at the cinemas.
- A class action alleging racial harassment and discriminatory discipline in which 30 of the original 35 claims were dismissed and the remaining five are pending.
- A claim against a major corporation alleging the class was owed overtime pay based on a misclassification of employees as exempt executives or administrative employees under California’s unique wage and hour laws.