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Tony H. McGrath

Principal and Office Litigation Manager
Madison

P 608-807-5274
F 608-260-0058
Tony.McGrath@jacksonlewis.com

Biography

Tony H. McGrath is a Principal in the Madison and Milwaukee, Wisconsin, offices of Jackson Lewis P.C. In addition to his legal practice, he also serves as the Office Litigation Manager for both offices. His practice focuses on representing employers in litigation, including defending class and collective actions.

Employers rarely want to go to court. When they must do so, however, Mr. McGrath aggressively defends their interests while proactively managing the case to provide creative strategies and options for attaining the employer’s goals. 

A significant portion of Mr. McGrath’s practice is focused on defending complex class and collective actions, including nationwide cases arising under the Fair Labor Standards Act. Mr. McGrath has represented employers in class and collective actions in Arizona, Florida, Louisiana, Massachusetts, Missouri, New York, and Wisconsin, among other venues. He has helped employers streamline litigation by consolidating duplicative cases, minimize exposure by successfully opposing conditional and final class certification, obtain favorable resolutions by negotiating complex settlement agreements, and win cases on summary judgment.

Mr. McGrath also regularly handles single plaintiff and multi-party litigation under Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, as well as state non-discrimination and anti-harassment laws. He has extensive experience handling cases in the federal Equal Employment Opportunity Commission, the Wisconsin Equal Rights Division, and other governmental agencies. In addition, Mr. McGrath frequently litigates cases involving non-competition agreements and other restrictive covenants.

Prior to joining Jackson Lewis, Mr. McGrath was a partner at a national labor and employment law firm.

Honors and Recognitions

Tony H. McGrath
Rated by Super Lawyers


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June 24, 2019

Class Action Trends Report Spring 2019

June 24, 2019

Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics: Who gets notice of a collective action – and why it matters Arbitration agreements Considerations regarding whether to adopt or continue... Read More

April 2, 2019

Department of Labor Proposes Amended Regulations Concerning FLSA’s ‘Regular Rate’

April 2, 2019

The Department of Labor (DOL) has issued a Notice of Proposed Rulemaking (NPRM) to revise the regulations governing the calculation of the regular rate under the Fair Labor Standards Act (FLSA). The FLSA generally requires employers to pay non-exempt employees overtime pay at one-and-one-half times their “regular rate” for all hours... Read More

February 26, 2019

Class Action Trends Report Winter 2019

February 26, 2019

Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics: Are You My Employee? – Distinguishing independent contractors and employees Prevention Pointer – Is an “independent contract” enough?... Read More

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See AllBlog Posts by Tony H. McGrath

Wisconsin Supreme Court Holds State Law Precludes Pay for Normal Commute Time in Employer-Provided Vehicles
May 7, 2019

Reversing a decision of the lower appellate court, the Wisconsin Supreme Court has held that state law does not require employers to pay employees for routine commute time driving company-provided vehicles between the employees’ homes and their assigned jobsites. Kieninger v. Crown Equipment Corp., 2019 WI 27 , 2019 Wisc. LEXIS 123 (Mar. Read More

When an FLSA Blended Rate Improperly Acts as a Regular Rate: A Case in Point
March 22, 2019

The Fair Labor Standards Act (FLSA) generally requires employers to pay non-exempt employees overtime pay at one and one-half times their “regular rate” of pay for all hours worked over 40 in a given workweek. Read More

Wisconsin Legislature Preempts Local Enactment of Wage and Hour Regulations
March 28, 2018

Joining more than two dozen other states that have barred local enactment of minimum wage or other employment laws, on March 22, 2018 the Wisconsin legislature passed Assembly Bill 748, intended to promote statewide uniformity in the regulation of employment practices. Read More

By Tony H. McGrath and Craig T. Papka