Employment Litigation and Class Actions

Overview

When required, our team provides aggressive defense of discrimination claims and actions brought under wage and hour laws such as the Fair Labor Standard Act or under the Fair Credit Reporting Act. Class and collective employment actions, including hybrid lawsuits involving both opt-out and opt-in claims, raise the stakes exponentially for employers. They are inherently more complicated in virtually every phase of litigation, including any settlement. As a result, class and collective employment actions require particular expertise and experience to successfully defend. Our attorneys have been on the front lines of this kind of litigation in federal and state courts and arbitrations across the country, for a wide variety of industries and business sectors. We have a proven track record of managing the burden of electronic discovery that class/collective action plaintiffs often attempt to exploit, and we work with our clients to avoid class and collective actions altogether through pre-litigation waivers of these procedural mechanisms.

Experience

Dismissal of former employee suit against manufacturing company executives and management
Successfully defended manufacturing company executives and management employees in lawsuit brought by former employee for wrongful termination, intentional infliction of emotional distress, and other tort claims. Obtained dismissal of all claims.
Pre-trial resolution of discrimination litigation
Achieved favorable confidential settlement at mediation on behalf of healthcare provider resolving litigation concerning race and national origin discrimination and retaliation claims in the Northern District of Georgia.
Judicial enforcement of restrictive covenants
Obtained multiple temporary restraining orders in Georgia Superior Court on behalf of regional financial services firm, enforcing non-solicitation covenants of departing financial advisors and other executives who went to work for industry competitors.
Wage and hour lawsuit for national coffee store company
Successfully resolved hybrid wage and hour collective/class action brought by managers of national coffee store company who alleged that they were misclassified as exempt.
Arbitration to enforce "Golden Parachute"
Recovered in arbitration more than $2 million in additional severance benefits for a senior executive who was let go by his company after it was acquired.
Age discrimination jury verdict for Fortune 200 company
Obtained jury verdict for Fortune 200 company in a potentially $50 million case in which plaintiffs alleged that their plant was closed because of the age of the workforce in violation of the Age Discrimination in Employment Act.
First class action under the WARN Act
Successfully defended the first class action under the WARN Act.
Wage and hour lawsuit by fast food restaurant managers and assistant managers
Successfully resolved putative collective action by managers and assistant managers of national fast food restaurant chain who alleged that they were misclassified as exempt under the Fair Labor Standards Act.