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Class Actions and Complex Litigation

Class action and multiple-plaintiff litigation of discrimination, wage and hour and other employment-related disputes are being filed in record numbers and pose a significant risk to employers on many fronts, including economic, cultural and reputational.

Overview

Our Class Actions and Complex Litigation Practice Group combines substantial class action experience and significant subject matter knowledge with thoughtful, strategic and creative approaches in providing clients with sensical strategies to defend difficult lawsuits. Our extensive internal resources, substantial data analysis and e-discovery capabilities, and multi-office platform provide us with unique capabilities in class action litigation.

We can assist in all of the following areas:

  • FLSA/state law wage claims;
  • Title VII, ADA, ADEA and other discrimination claims;
  • ERISA;
  • TCPA (Telephone Consumer Protection Act);
  • FCRA and other privacy laws; and
  • WARN.

In all matters, our approach begins with an aggressive early case analysis with a particular focus on:

  • Evaluation of the merits of the underlying claim(s);
  • Assessment of the class issues and likelihood of class certification;
  • Estimation of the likely discovery issues and costs;
  • Preparation of damages models and potential exposure analyses; and
  • Consideration of the effect of the litigation on the company’s operations, media issues, and financial and competitive impact.

Systemic Discrimination

Systemic discrimination claims are on the rise. The EEOC has made investigating and litigating issues involving employers’ policies and practices that allegedly have a disparate impact on women, minorities, the disabled and other protected employees a priority. In addition, the OFCCP is continuing to explore potential systemic discrimination issues among government contractors, and prominent plaintiffs’ lawyers are also seeking to take part in this wave of systemic discrimination litigation.

We have extensive experience representing employers in class actions and other large-scale discrimination cases, both at administrative agencies and in court, and understand the particular sensitivity these types of claims can have within a company. In addition to our national Class Actions and Complex Litigation Practice Group and experienced trial lawyers with expertise in discrimination matters, our Affirmative Action Compliance and OFCCP Defense Practice Group includes not only lawyers, but also professional statisticians who regularly assist in defending these matters.

Gender Discrimination

Our attorneys have defended clients in many significant gender discrimination cases alleging unequal treatment of women in compensation, promotion, hiring and termination, including cases involving “glass-ceiling” allegations, Equal Pay Act claims, sexual harassment claims and other related cases brought under state and federal law. Our diverse team of seasoned trial lawyers across the country is prepared to bring creative strategies to these issues and to try cases in which an earlier resolution cannot otherwise be achieved.

Race Discrimination

We have appeared before the EEOC on matters arising from its E-RACE initiative, including matters ranging from the use of credit and background checks in hiring decisions, to racial stereotyping and other issues involving facially neutral policies that may have an adverse effect on racial minorities. We have also defended companies in state and federal court on claims of race, color and national origin discrimination, and our Corporate Diversity Counseling Practice Group provides comprehensive and innovative approaches to diversity-related issues.

Disability Discrimination

Our Disability, Leave and Health Management Practice Group has long been at the cutting edge of disability law issues, including ADA, FMLA and leave management cases arising under state and federal law. We use this expertise to assist clients who face claims that their employment policies or practices have a discriminatory impact on employees who take leave or are disabled, and we offer proactive advice on best practices and effective litigation strategies.

The Team

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Mar 14

Register Now

Class Actions and Complex Litigation Webinar Series

March 14, 2017 - 2:00 PM to 3:00 PM EST
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending
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Archived

Class Actions and Complex Litigation Webinar Series

February 14, 2017 - 2:00 PM to 3:00 PM EST
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending

Archived

Class Actions and Complex Litigation Webinar Series

January 10, 2017 - 2:00 PM to 3:00 PM EST
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending

See AllPublications

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January 31, 2017

President Trump Nominates Neil Gorsuch to U.S. Supreme Court

January 31, 2017

Ending months of speculation, President Donald Trump has nominated the Honorable Neil McGill Gorsuch to succeed Justice Antonin Scalia on the U.S. Supreme Court. If confirmed by the Senate, Judge Gorsuch would bring more than 10 years of judicial experience to the position. Still, the Supreme Court is sui generis, different than any... Read More

January 13, 2017

Supreme Court to Review Validity of Class Action Waivers in Employment Arbitration Agreements

January 13, 2017

The U.S. Supreme Court has agreed to decide whether class action waivers in employment arbitration agreements violate the National Labor Relations Act (“NLRA”). The Supreme Court’s action promises the much-anticipated resolution of the circuit split on the issue. The Court on January 13, 2017, granted certiorari in... Read More

January 10, 2017

2017: The Year Ahead for Employers

January 10, 2017

An executive summary of recent changes in workplace law and a look ahead to 2017. Read More

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February 21, 2017
Bloomberg BNA

Eric Magnus Discusses Wage and Hour Compliance Under the Trump Administration

February 21, 2017

Eric Magnus discusses wage and hour law and best practices for compliance under the Trump administration in "Compliance Outlook: Avoiding Common Wage-Hour Violations," published by Bloomberg BNA. Subscription may be required to view article Read More

February 17, 2017
Wolters Kluwer Employment Law Daily

Jackson Lewis Attorneys Provide Commentary, Insight in Wolters Kluwer Briefing on Labor and Employment Law Developments for 2017

February 17, 2017

Commentary and insight from Jackson Lewis attorneys K. Joy Chin, Paul Patten, Richard I. Greenberg, Jeffrey W. Brecher, Joy M. Napier-Joyce, Howard M. Bloom and Philip B. Rosen are featured in Wolters Kluwer's "Federal agencies: What happened in 2016-will 2017 be different?", a briefing on labor and... Read More

January 20, 2017
Law 360

Paul DeCamp Comments on National Restaurant Association Tip-Pooling Rule

January 20, 2017

Paul DeCamp comments on the National Restaurant Association urging the U.S. Supreme Court to hear a suit challenging a DOL rule that bars restaurants from sharing servers tips with kitchen staff in "Restaurant Assn. Asks Justices To Review Tip-Pool Rule," published by Law 360. Subscription may be required to view... Read More

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See AllBlogs

Paying Bonuses to Non-Exempt Employees: Avoiding Class-Wide Overtime Violations
February 20, 2017

Employers generally recognize that their non-exempt employees must receive overtime premiums on their base pay – in most cases, their hourly wage – when they work overtime. Read More

Class Action Fairness Act Author Introduces New Bill That Would Drastically Reform Class Action Litigation
February 17, 2017

House Judiciary Committee Chairman Bob Goodlatte (R-Va.), the author of the Class Action Fairness Act, introduced the “Fairness in Class Action Litigation Act of 2017” last week that would substantially change class action litigation to “assure fairer, more efficient outcomes for claimants and defendants.” The House Judiciary Committee ap Read More

R. Alexander Acosta Picked to Head Department of Labor
February 16, 2017

Click this link to read more: http://www.laborandcollectivebargaining.com/2017/02/articles/dol/r-alexander-acosta-picked-head-department-labor/… Continue Reading Read More