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William J. Anthony

Shareholder
Albany

P   518-434-1300
F   518-427-5956
AnthonyW@jacksonlewis.com

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Biography

William J. Anthony is a Shareholder in the Albany, New York, and Hartford, Connecticut, offices of Jackson Lewis P.C. He leads the Class Actions and Complex Litigation Practice Group, and is a member of the firm's Board of Directors.

Upon graduation from law school, Mr. Anthony joined the San Francisco office of Jackson Lewis. He transferred to the firm's Morristown office in 1991, the Hartford office in 2000, and moved to the Albany office in 2012. While at the Hartford office, Mr. Anthony served as Managing Partner from 2000 to 2008.

Class and Collective Action Experience

Mr. Anthony has handled numerous class and collective actions, including wage and hour claims alleging claims for improper payment of bonuses, misclassification of customer service employees, dispatchers, assistant retail managers, time share resort salespeople, pharmaceutical sales representatives and installation technicians and failure to pay minimum wage to tipped employees. Mr. Anthony has handled class and/or collective actions in New York, Connecticut, Massachusetts, New Jersey, Pennsylvania, Illinois, Florida, Tennessee, California and Washington. Results in those cases include:

  • Defeated a class certification motion seeking to certify a class of banquet servers under N.Y. law;
  • Obtained dismissal of a putative class action arguing that fitness instructors were properly paid all wages due under N.Y. law;
  • Obtained dismissal of a putative class acting arguing that satellite television installers were properly paid all non-overtime wages due under N.Y. law;
  • Defeated Rule 23 class certification motion for class of mortgage underwriters in U.S.D.C. for District of Connecticut;
  • Obtained dismissal of a state law class action seeking a relief under a variety of state law causes of action as a result of an alleged misclassification as an exempt employee on the grounds that the claims were preempted by federal and state wage statutes;
  • Obtained dismissal of a nationwide collective action on the grounds that the named plaintiff failed to comply with § 216(b) of the Fair Labor Standards Act and amending would be futile as plaintiff’s claims were time barred as a result of the dismissal;
  • Defeated conditional certification of a nationwide class of pharmaceutical sales representatives in U.S.D.C. for the District of Miami;
  • Defeated conditional certification of a nationwide class of pharmaceutical sales representatives and obtained summary judgment against the plaintiff for breach of contract which included a class action waiver in U.S.D.C. for the Northern District of Illinois;
  • In another national pharmaceutical sales representative case, compelled transfer of a collective action based on a forum selection clause to a Circuit which previously ruled on two occasions that such representatives are administratively exempt;
  • Obtained court ordered dismissal of a nationwide class claim alleging wrongful withholding of wages pursuant to the company’s bonus plan based on the differences in various state laws as to when or if a bonus constitutes a “wage” within the meaning of the law;
  • Secured voluntary withdrawal of a class claim for violation of the OWBPA’s provisions regarding group releases after deposition of the plaintiff demonstrated incompatibility between the interests of the named plaintiff and the class members’ interests;
  • Defeated class certification in two cases related to tipped employees on the basis that the Rule 23 standards were not met and individual interests predominated;
  • Obtained extremely favorable resolution of nationwide misclassification claim related to assistant retail managers after conditional certification was granted;
  • Obtained dismissal of various state law claims from a nationwide FLSA collective action;
  • Obtained voluntary withdrawal of nationwide collective action to include individuals residing only in the state where the case was venued after early and aggressive communications with plaintiffs’ counsel.

Litigation Experience

Mr. Anthony has been defending employment claims for almost twenty-five years in a number of federal and state courts around the country. He has helped clients obtain many dismissals and favorable results during that time. Mr. Anthony has trial experience in several states, including Connecticut, New Jersey, Pennsylvania and Montana. He has tried cases involving claims of discrimination, harassment, retaliation, breach of contract, failure to pay wages and a variety of other statutory and common law issues.

Employment Law Counseling and Training

Mr. Anthony advises clients on the full range of employment law issues and provides training on management skills, discrimination, harassment, wage/hour and disabilities management issues.

Honors and Recognitions

  • Hartford Business Journal, Leadership in Diversity Award (2010)

Professional Associations and Activities

  • Connecticut Bar Association
  • Connecticut Lawyers Collaborative for Diversity, Past President

Published Works

  • “Be Careful When Reining in Social Media Use,” Connecticut Law Tribune, (October 25, 2010)
  • “The Danger of Bringing Stereotypes to Work,” Connecticut Bar Association Labor & Employment Law Quarterly, (Spring 2007)
  • “Potential Disaster: The Employee Blogger,” Connecticut Law Tribune, (January, 2007) [Co-Author]
  • “Defending claims of Retaliatory Discipline,” Connecticut Law Tribune, (April 19, 2004) [Co-Author]
  • "What to do When Workers Can't Work," New Jersey Law Journal, (April 11, 1994) [Co-Author]

See AllWilliam J. Anthony in the News

June 11, 2015
Law 360

Will Anthony, Franklin Goldberger, John Higgins and Vincent Polsinelli Discuss Jackson Lewis' New Albany Team

June 11, 2015

Will Anthony, Franklin Goldberger, John Higgins and Vincent Polsinelli discuss the addition of Jackson Lewis' newest team in Albany in Law 360’s “Jackson Lewis Bags Nixon Peabody Labor Pros, Assistant DA.” Subscription may be required to view article. Read More

April 1, 2015
Jackson Lewis

Jackson Lewis Offers Strategic Guidance, Preventive Measures to Decrease and Defend Class Action Claims

April 1, 2015

WHITE PLAINS, NY (April 1, 2015) — Jackson Lewis P.C., one of the largest workplace law firms in the world representing management, is pleased to announce the publication of its inaugural Class Action Trends Report. “In-house counsel are contending with significantly larger and more costly employment related class action... Read More

April 12, 2013
Jackson Lewis

Jackson Lewis Boosts Employment Law Capabilities in Albany

April 12, 2013

ALBANY, NY (April 12, 2013) –Jackson Lewis LLP, one of the country’s largest and fastest-growing workplace law firms, is pleased to announce the addition of three experienced litigators to its growing Albany office.  Partner and Albany native William J. Anthony, Chair of the firm’s Class Actions and Complex... Read More

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December 23, 2014

U.S. Supreme Court Clarifies Procedures for Removal to Federal Court under Class Action Fairness Act

December 23, 2014

In a divided 5-to-4 opinion, the U.S. Supreme Court has held that defendants seeking to remove a case to federal court under the Class Action Fairness Act (“CAFA”) need only allege in the notice of removal an amount in controversy in excess of the $5 million threshold and need not attach evidence to the notice of removal... Read More

November 12, 2013

New York Department of Labor Issues Draft Wage Orders Implementing Minimum Wage Increase

November 12, 2013

New York’s minimum wage will increase from $7.25 per hour to $8.00 per hour on December 31, 2013. Additional increases will occur annually after that — to $8.75 on December 31, 2014, and $9.00 on December 31, 2015.  The increased minimum wage affects other compensation requirements under the New York Department of Labor... Read More

April 9, 2013

New York Minimum Wage to Increase in Stages

April 9, 2013

After significant lobbying and legislative haggling, Governor Andrew Cuomo on March 29, 2013, signed legislation that increases the New York State minimum wage rate starting December 31, 2013. This is New York’s first minimum wage increase since July 24, 2009, when it was increased to match to federal minimum wage of $7.25 an hour... Read More

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Blog Posts by William J. Anthony

FAQs About the Telephone Consumer Protection Act
January 5, 2015

Complying with the Telephone Consumer Protection Act (TCPA) is a growing concern for employers and others. This is especially true given that suits under the TCPA have regularly resulted in damage awards of hundreds of thousands, if not millions, of dollars. Read More

Offer of Judgment Doesn’t Moot Class Action
December 8, 2014

In what may be considered a blow to class action defense, this week the U.S. Court of Appeals for the Eleventh Circuit ruled that an offer of judgment to the named plaintiffs did not moot a proposed class action.  This was a case of first impression before the Eleventh Circuit. Read More

Sixth Circuit Affirms that, for Executive Exemption to Apply, Class of Employees Must Do More than Merely Carry Out Supervisors’ Orders Regarding Hiring and Firing
June 23, 2014

In a recent decision, the Sixth Circuit Court of Appeals issued helpful guidance to employers – albeit in a decision in favor of a class of employees – as to what responsibilities employees must have in order to satisfy the executive exemption to the Fair Labor Standards Act (FLSA). Read More