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Managing Wage & Hour Risks 2012


Speaker(s): Adam T. Klein, Allan Dinkoff, Andrew Lusk, David S. Fortney, Ellen C. Kearns, Hon. M. Patricia Smith, Jeffrey B. Morganroth, Judith E. Kramer, Kalpana Srinivasan, Maritoni D. Kane, Matthew W. Lampe, Michele R. Fisher, Patrick W. Shea, Paul DeCamp, Paul F. White, Ph.D., Reid R. Broda, Robert P. Davis, Stephen P. Sonnenberg, Susan N. Eisenberg, Timothy J. Long
Recorded on: Feb. 13, 2012
PLI Program #: 35125

Dr. White is a labor economist and the Managing Director of ERS Group's Washington, D.C. office. Since 1993, his practice has focused on the economic and statistical aspects of employment discrimination matters, including compensation, hiring, promotions, and terminations. Dr. White’s labor and employment practice includes EEOC investigations, OFCCP investigations of federal contractors, proactive monitoring of compensation and employee selections, economic damages (single-plaintiff, multi-plaintiff, and class actions), union contract negotiations, and NLRB hearings. His practice also covers the statistical aspects of wage and hour matters, including typicality and commonality analyses for class certification, misclassification, off-the-clock work, management edits, and other quantifiable issues. Additionally, Dr. White has conducted analyses on mutual fund trading practices, asbestos exposure, and prescription drug pricing.

Dr. White has testified numerous times in local, state, and federal courts. He served as the case manager or testifying expert witness in cases such as:

Dukes, et al. v. Wal-Mart
Zivali, et al., v. AT&T Mobility
Campbell, et al. v. PricewaterhouseCoopers
• Lott, et al. v. Westinghouse
Hall, et al. v. RiteAid Corporation

Dr. White served as an adjunct member of the graduate school faculty at Florida State University from 1996 through 2002. He has published papers in the Journal of Forensic Economics and the Journal of Applied Business Research. He has served as a referee for the Journal of Forensic Economics, Litigation Economics Review, and Contemporary Economic Policy. Dr. White often makes presentations to legal, human resources, and economic associations and is a frequent presenter at ERS Group seminars.

Dr. White received his Bachelor of Science degree in Economics from James Madison University, and his Masters’ and Ph.D. degrees from North Carolina State University, where he concentrated in labor economics, health economics, and statistics.


Judith E. Kramer has a broad-based practice in labor and employment law. She had 25 years of experience with the U.S. Department of Labor, where she served for 16 years as Deputy Solicitor for Planning and Coordination, the highest-ranking career employee in the Office of the Solicitor. As Deputy Solicitor, she oversaw a staff of approximately 500 attorneys and provided legal advice to the Solicitor of Labor and other high-ranking Department of Labor officials on matters relating to wage and hour laws, civil rights and affirmative action, occupational safety and health, mine safety and health, black lung and longshore benefits, and administrative law. Ms. Kramer served as Acting Solicitor of Labor on several occasions during both Republican and Democratic Administrations. She is the recipient of numerous awards and honors, including the Philip Arnow Award, the highest award conferred by the Department of Labor.

Before joining the Department of Labor, Ms. Kramer served as a trial and appellate attorney in the Civil Rights Division of the U.S. Department of Justice. She argued a number of cases before various courts of appeals in cases arising under the Fair Housing Act, Title VII of the Civil Rights Act of 1964, the Voting Rights Act and other federal civil rights statutes.

Ms. Kramer joined Fortney and Scott, LLC in 2003. At Fortney and Scott, she counsels clients on compliance with the Fair Labor Standards Act, Service Contract Act, Davis-Bacon Act and Executive Order 11246, among other federal laws and Executive Orders, and represents clients in audits conducted by the Wage and Hour Division and the Office of Federal Contract Compliance Programs of the U.S. Department of Labor. She has served as an expert in a number of FLSA cases and is the author of numerous articles on a variety of employment law issues.


Admitted to Practice:

  • District of Columbia
  • United States Supreme Court
  • Various U.S. Courts of Appeals
Education:
  • Northwestern University School of Law (J.D. 1972, cum laude) (Northwestern University Law Review, Order of the Coif)
  • University of Illinois (B.S. in Journalism, 1969, summa cum laude) (Bronze Tablet Scholar (upper 2% of class))


Paul DeCamp is a Partner in the Washington, D.C. Region office of Jackson Lewis LLP and leader of the firm's Wage and Hour Practice Group. His practice focuses exclusively on wage and hour matters. He joined Jackson Lewis in 2008 upon completing his service as Administrator of the U.S. Department of Labor's Wage and Hour Division, the chief federal officer responsible for interpreting and enforcing the Nation's wage and hour laws, including the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and close to seventy other federal statutes, on behalf of roughly 135 million workers in 7.3 million workplaces around the country. Appointed by the President, he led a federal agency with close to 1,300 employees in more than 220 offices nationwide, operating on an annual budget of more than $170 million. He has testified before Congress on a variety of wage and hour issues. Before his appointment as Administrator, Paul served as Senior Policy Advisor to the Honorable Victoria A. Lipnic, Assistant Secretary of Labor for Employment Standards. In that capacity, he was a member of the Wage and Hour Division's Executive Team and provided legal and policy advice on the full range of wage and hour matters, with emphasis on the FLSA, the FMLA, and opinion letters.

The majority of Paul's practice involves defending employers in wage and hour litigation, as well as government agency investigations. Since returning to private practice following his time at the Department of Labor, he has served as lead or co-counsel in approximately thirty wage and hour class, collective, and hybrid actions across the country involving such industries as restaurants, retail, hospitality, financial services, pharmaceutical sales, healthcare, security, information technology, aerospace, and adult entertainment.

Paul also dedicates substantial time to helping employers nationwide navigate the complex requirements of federal and state wage and hour laws. He regularly advises clients on such issues as overtime exemptions, determining compensable working time, independent contractor classification, calculating overtime, tip credit rules, and general payroll issues. He provides comprehensive policy and practice reviews to enable businesses to determine their overall compliance status and to address opportunities to increase compliance and to reduce risk.

Paul received his A.B. in Government, magna cum laude, from Harvard College in 1992. In 1995, he received his J.D. from the Columbia University School of Law, where he was a Notes Editor for the Columbia Law Review and the Director of the First-Year Moot Court Program. After law school, he clerked for the Honorable Alan E. Norris of the U.S. Court of Appeals for the Sixth Circuit.


ADAM T. KLEIN is a partner of Outten & Golden LLP and is the chair of the firm's class action practice group. His practice is limited to the prosecution of class action and impact litigation of employment discrimination and wage and hour claims.

Mr. Klein presently serves as lead or co-lead plaintiffs' counsel in numerous major class-action lawsuits involving statutory-discrimination claims in the financial services industry and challenges to the use of credit and criminal history records for employment. At present, Mr. Klein is co-lead plaintiffs' counsel in lawsuits challenging employment practices at Goldman Sachs, Bank of America/Merrill Lynch and the federal Census Bureau. The Census Bureau litigation was filed in affiliation with a consortium of civil-rights organizations challenging the use of arrest and criminal history records as a screen for employment for over 700,000 applicants. Mr. Klein also prosecutes wage and hour class/collective actions against numerous major corporations and was counsel in major settlements involving IBM, Whirlpool, JP Morgan Chase, and other Fortune 500 companies. In addition, Mr. Klein serves as co-lead plaintiffs' counsel in nationwide discrimination class action lawsuits against Smith Barney (gender - Amochaev v. Smith Barney) and Morgan Stanley (race - Jaffe v. Morgan Stanley). Both the Amochaev and Jaffe cases are now settled - each settlement provides class members with substantial monetary relief and systematic changes to company practices.* Mr. Klein also served as co-lead plaintiffs' class counsel in "glass ceiling" gender discrimination class action against MetLife, based on discrimination in promotions and compensation. The term of the MetLife settlement agreement has expired.

Mr. Klein has testified before the Equal Employment Opportunity Commission and Congress on issues relating to employment law. Mr. Klein is a frequent lecturer and has participated in programs relating to employment law sponsored by the American Constitutional Society, the Institute for Judicial Administration, the American Bar Association, Cornell University, Georgetown University Law School, New York University Law School, the Law and Education Institute, the Practicing Law Institute, the National Employment Lawyers Association, the Bar Association of the City of New York, the Impact Fund, the American Conference Institute, and Strafford Publications.

Mr. Klein was selected by his peers in Best Lawyers in America and New York's Super Lawyers - Manhattan Edition 2007, 2008, 2009, 2010, and 2011. In addition, he was selected as a finalist for Lawdragon 500 Leading Lawyers in America in 2010. Mr. Klein is a member of the National Employment Lawyers Association (NELA), served on the Executive Board of its New York Affiliate (NELA/NY) from 2000 to 2006, and is the former co-chair of the Class Action Committee of NELA. He served on the Executive Board of the Employee Rights Section of the American Trial Lawyers Association. Mr. Klein is a member of the American Bar Association, where he served as the Plaintiffs' Co-Chair of the Committee on Technology and Federal Law Clerks Training Program, and is a member of the Committees on Equal Employment Opportunity and Employee Rights and Responsibilities of the Section of Labor and Employment Law and the Class Action and Derivative Suits Committee of the Section of Litigation. Mr. Klein is the immediate past plaintiffs' co-chair of the largest Committee within the Labor and Employment Section - the Equal Employment Opportunity Committee. Mr. Klein is a Member of the Executive Board of the Lawyers' Committee for Civil Rights Under Law, and is also a member of the Federal Bar Council, a Fellow of the American Bar Foundation, a member of the Advisory Board of the Labor and Employment Law Program and Board of Directors of the Alumni Association of the School of Industrial and Labor Relations at Cornell University, and a member of the Advisory Board of the National Wage and Hour Clearinghouse.

Mr. Klein received his undergraduate degree from the School of Industrial and Labor Relations at Cornell University in 1987 and his law degree from Hofstra University in 1990. He was admitted to the New York bar in 1991.

Mr. Klein is admitted in New York and in the federal Second, Ninth, and Eleventh Circuits and the Southern, Eastern, and Western Districts of New York.


Allan Dinkoff has more than 30 years of experience handling complex commercial litigation and employment matters. For the past 15 years, Mr. Dinkoff has focused almost exclusively on employment issues, principally in the financial services industry. 

Before joining Weil, Gotshal & Manges LLP in 2009, Mr. Dinkoff was a Managing Director at Merrill Lynch & Co., Inc., where he ran the firm's Employment Law Group and was responsible for Merrill Lynch's employment issues world wide. He advised the Board of Directors and executive management at Merrill Lynch on employment and related matters, handled complex international cross-border issues, negotiated executive compensation and separation arrangements, handled restrictive covenant litigation and successfully defended discrimination and wage & hour class and collective actions, as well as high profile individual discrimination claims. He was a critical partner in crafting the firm's diversity efforts, and provided training to senior managers on a variety of topics, ranging from diversity to discrimination laws to effective decision making. He was the principal advisor to the Board and executive management on the numerous employment issues arising from the research investigations, the Enron criminal indictments, and the sub-prime crisis. He also was the architect of the strategies that permitted the firm to reduce its headcount by over one third in 2002 without any litigation or significant settlements. 

Mr. Dinkoff spent 13 years in private practice at the New York law firm of Baer, Marks & Upham, LLP before going in-house. He was a partner in the firm's litigation department, where he handled general commercial litigation, with substantial experience in complex commercial disputes, securities, commodities, class actions, derivative suits, regulatory enforcement matters, and real estate litigation. While at Baer Marks, Mr. Dinkoff secured a landmark appellate decision establishing for the first time in the country an absolute immunity for statements made by the securities industry to self-regulatory organizations about terminated employees on Form U-5 (Herzfeld & Stern, Inc. v. Beck, 572 N.Y.S.2d 683 (1st Dep't 1991)), and successfully represented Comex Clearing Association through regulatory and litigation issues growing out of the first failure of a commodities clearing firm.

Mr. Dinkoff has been active in the Association of the Bar of the City of New York, where he has served for over twenty years on numerous committees dealing with professional ethics. He has lectured widely on class actions, employment, professional ethics, and Sarbanes-Oxley issues in various forums, including PLI programs, City Bar programs, the annual American Employment Lawyers Council meeting, and the annual SIFMA Law & Compliance meeting.


Andy Lusk is Associate Corporate Counsel of Quicken Loans Inc., based in Detroit, Michigan. Quicken Loans is rated by National Mortgage News as America's largest online mortgage lender and the fifth retail mortgage lender. The company has been ranked in the Top 30 of FORTUNE Magazine's Best Places to Work in America for the last eight years.

Andy is responsible for all litigation at Quicken Loans, including employment matters. In early 2011, Andy successfully directed the defense of Quicken Loans in a Fair Labor Standards Act collective action to a defense verdict before a federal jury. Before he joined Quicken Loans in 2005, he was a member of the litigation practice at Dykema Gossett PLLC in Bloomfield Hills, Michigan. He received his J.D. from the Michigan State College of Law in 1999 and his B.A. from the University of Michigan-Ann Arbor in 1990.


Bob Davis is widely acknowledged as one of the nation's leading legal authorities and litigators working across a broad spectrum of employment and ERISA issues. According to Chambers USA (2011), Bob is "immensely highly regarded," and Chambers USA (2010) described him as "a top flight litigator who is always looking around corners for his clients." Chambers USA (2007) also characterized Bob as a "'terrific lawyer' [who is] highly respected for his ERISA practice."

Chambers USA notes, too, that Bob is "definitely a key player in the labor and employment field," and that "as well as being recognized for his employee benefits expertise, Bob . . . focuses on wage and hour compliance and litigation. . . Clients describe him as a 'big-picture lawyer' who 'communicates an intelligent game plan.'"

He handles trial and appellate ERISA litigation and represents plans, fiduciaries, plan sponsors, and service providers in ERISA investigations and litigation. His victories in the ERISA area include denial of class certification on employer stock claims; interlocutory appeal and vacatur of class certification of ERISA fiduciary claims in a 100,000+ persons class action; successful defense at trial, resulting in a defense judgment affirmed on appeal, of one of the first major "stock drop" cases; winning summary judgment, affirmed on appeal, on all of the substantial claims in a major LMRA § 301/ERISA class action; dismissal of a stock drop case complaint with prejudice against plaintiffs; and successful defense of several national-level ERISA investigations by the US Department of Labor.

Bob has been responsible for over 100 Fair Labor Standards Act and state wage and hour cases, including collective action and class action certification and decertification issues, enforcement of arbitration agreements when class claims are involved, and notice and discovery in class cases. His most recent victory was a jury verdict for a large financial services company, after five weeks of trial, in what we believe is the largest FLSA exempt status case ever tried to a defense verdict. Bob's other victories for employers include a precedent-setting appellate decision on the salary basis test under the FLSA, successful coordination of 28 statewide FLSA and wage and hour cases through the Judicial Panel for Multi-District Litigation, and defeat of class certification in several cases. Bob also has devised innovative structures for negotiated settlements.

Prior to joining Mayer Brown as a Partner in 1991, Bob served as the Solicitor of Labor for the US Department of Labor (1989-1991) and as Chief of Staff to the US Secretary of Transportation (1983-1985). Previously he served in senior positions in the US Department of Justice.

Education

  • Georgetown University Law Center, JD, magna cum laude, 1980. Editor, Georgetown Law Journal
  • Syracuse University, MPA, 1973.
  • Boston University, MA, 1972.
  • Brown University, AB, 1971.
     


Jeffrey B. Morganroth is the managing partner of Morganroth & Morganroth, which he formed in January 1989 along with his father, Mayer Morganroth. 

Mr. Morganroth has handled legal matters in virtually every practice area after joining and being trained by his father in the practice of law.  Mr. Morganroth has extensive experience in numerous practice areas, including complex commercial litigation, intellectual property litigation, constitutional litigation, business matters, real estate matters, white collar criminal matters, employment and labor matters, corporate matters, securities litigation, family law matters, civil rights and discrimination matters, product liability litigation, insurance matters, professional malpractice matters, personal injury litigation and entertainment matters.

Mr. Morganroth has represented plaintiffs and defendants in matters in numerous different courts and jurisdictions as well as in arbitrations, mediations and appeals.

Mr. Morganroth served as lead trial counsel on behalf of Quicken Loans defending against an FLSA collective action brought in the case of Henry v. Quicken Loans in the United States District Court for the Eastern District of Michigan which resulted in a no cause verdict after a six week jury trial.  Mr. Morganroth is currently defending against several other FLSA collective actions.

Mr. Morganroth has served as lead counsel or co-counsel with his father, Mayer Morganroth, on behalf of numerous high profile clients such as, for example, Quicken Loans, Daniel Gilbert, John Z. DeLorean, Dr. Jack Kevorkian, Mayor Coleman A. Young, Christine Beatty, U.S. Representative John Conyers, Edward J. Holland, Jr. and Chad Smith. 

Mr. Morganroth earned his Bachelor's degree in English Literature from The University of Michigan with Distinction, and his Juris Doctor degree from Georgetown University Law Center, Cum Laude, where he also was a member of Law Review as an Associate Editor for The Tax Lawyer.
 
Mr. Morganroth is licensed to practice law in the States of Michigan and New York, and Washington, D.C. He has been admitted to practice in numerous federal courts and appellate courts as well as pro hac vice in many different states.
 
Mr. Morganroth is a member of Oakland County, New York, Washington, D.C. and the American Bar Associations, as well as the American Association for Justice and the National Trial Lawyer Association. Mr. Morganroth is rated "AV Preeminent" by Martindale-Hubbell/ LexisNexis, the highest possible rating in both legal ability and ethical standards.


Kalpana Srinivasan is a partner in the Los Angeles office of Susman Godfrey LLP where she litigates high-stakes civil disputes with a focus on preparing cases for and successfully bringing them through trial.  Ms. Srinivasan has significant experience trying wage and hour cases in jurisdictions across the country.


Significant Representative Matters

Ms. Srinivasan currently represents Alta-Dena Certified Dairy in a puta tive class action involving California's wage and hour laws. 

Ms. Srinivasan represented The Rawlings Company in a class action in LaGrange, Kentucky challenging the company's classification of its employees as exempt. The case culminated with a three-week jury trial in May 2011, in which the jury returned a full defense verdict to Ms. Srinivasan's client. 

In 2010, Ms. Srinivasan and other Susman Godfrey lawyers were hired before trial to defend a retailer in a class action brought by the EEOC alleging gender discrimination. The case settled on the brink of trial.

In 2007, Ms. Srinivasan and a team of Susman Godfrey lawyers tried a three-month wage and hour class action to the bench in Minnesota state court representing one of the world's largest retailers.


Education and Background
Ms. Srinivasan graduated with distinction from Stanford Law School, where she won Stanford's Marion Rice Kirkwood Moot Court competition. Ms. Srinivasan also served as an editor on Stanford's Law Review. After law school, Ms. Srinivasan clerked for Judge Raymond C. Fisher on the U.S. Court of Appeals for the Ninth Circuit. Before attending law school, Ms. Srinivasan was a national reporter for The Associated Press in Washington, D.C., where she covered communications policy. Ms. Srinivasan received her undergraduate degree from Yale University with a double major in Comparative Literature and Yale's program in Ethics, Politics and Economics.


Maritoni Kane is an experienced litigator and corporate advisor whose practice is primarily focused on labor and employment litigation and counseling on behalf of employers. She represents clients in matters before federal and state courts, including defending individual and class claims under EEO laws, collective actions under the FLSA, tort claims, breach-of-contract claims, employee safety and health claims, collective bargaining and unfair labor practice claims, and benefits claims. Maritoni's trial work includes bench and jury trials. She also has experience representing employers in private mediations and court and agency-sponsored formal mediation programs.

In addition, Maritoni has significant experience before various administrative agencies.  She has frequently represented employers in proceedings before the Equal Employment Opportunity Commission and the Illinois Department of Human Rights and Illinois Human Rights Commission (age, sex, race, disability, national origin as well as sexual and racial harassment); the US Department of Labor and Illinois Department of Labor (FLSA and state wage claims); and the Occupational Safety and Health Administration (including employee death cases).

Maritoni also counsels and advises clients on day-to-day employment-related matters, including  leave implementation and accommodation issues and discipline and termination decisions. She assists clients in drafting policies and agreements, including employment agreements, separation agreements and covenants not to compete.  She has also successfully served in the role of in-house counsel during extended secondments for a major airline and a telecommunications company.

She also advises on labor and employment issues in corporate transactions, including drafting language for purchase agreements, assessing due diligence materials, drafting offer letters, retention bonus agreements and employment agreements, and assisting with WARN compliance.


Notable Engagements

  • Escriba v. Foster Poultry Farms.  After being called in to try the case just one month before trial, obtained a complete defense jury trial verdict on claims brought by a former employee under the Family and Medical Leave Act (FMLA), California Family Rights Act (CFRA) and a claim for wrongful discharge in violation of public policy. 
  • Butler et. Al v. Illinois Bell Telephone Company d/b/a/ AT&T Illinois. Defeated class certification in a Family and Medical Leave Act (FMLA) putative class action and won summary judgment on individual claims.
  • A large multinational corporation. Successfully defended a US Department of Labor wage and hour audit and investigation in Texas alleging violations of the Fair Labor Standards Act (FLSA) related to the exempt status of a class of route sales representatives. The Department of Labor found no violations of the FLSA.
  • Levy and Hyles v. CitiMortgage, Inc. et al. Obtained dismissal of claims alleging violations of the Fair Housing Act (FHA), the Equal Credit Opportunity Act (ECOA), Illinois Consumer Fraud and Deceptive Practices Act, and Illinois common law claims of unconscionability and breach of fiduciary duty.
  • Nowak v. Oce-USA, Inc. Won summary judgment on an former employee's claim for retaliatory discharge in violation of the Family Medical Leave Act (FMLA).
  • Wright and Martin v. Sears Roebuck and Co.  Obtained an order affirming summary judgment for the company in a lawsuit filed by former store general managers alleging that they were fired in violation of the Age Discrimination in Employment Act (ADEA) and Employment Retirement Income Security Act (ERISA).
  • Pinkston v. The University of Chicago.  Won summary judgment in favor of the University in lawsuit brought by a professor alleging a violation of the Equal Pay Act (EPA).      
  • Woods and Magee v. Ernst & Young LLP.  Won summary judgment on claims of race discrimination and retaliation under Title VII of the Civil Rights Act of 1964, as amended.
  • Pro Bono: participated in the U.S. District Court for the Northern District of Illinois' Settlement Assistance Program for Pro Se Litigants; provided advice and counsel to, among others, the Asian University for Women, Better Business Bureau of Chicago and Northern Illinois, Inc. and Girl Scouts of Greater Chicago and Northern Indiana

Education
  • DePaul University College of Law, JD, 1993
    • DePaul Law Review, Articles and Notes Editor, 1992-1993 Writer 1991-1992
  • Northwestern University, BA, 1986


Reid Broda is the Head Employment Law Liaison for Consumer and Business Banking, Mortgage Banking and Commercial Bank lines of business for JPMorgan Chase responsible for interfacing with senior management, managing a portfolio or litigation and providing strategic advice and counsel on all types of human capital opportunities, risks, challenges and threats faced by the firm.  He currently manages a team of 4 lawyers and 1 paralegal. 

Mr. Broda and his team manage a portfolio of over 200 matters with an outside counsel budget of close to eight figures spanning individual actions to group, collective and class actions involving 100,000+ putative class members. He individually manages matters, oversees internal resources and manages outside counsel with an emphasis on designing effective alternative fee arrangements. Likewise, he is responsible reporting on litigation and pre-litigation matters to senior management on a regular basis, analyzing trends and focusing on risk mitigation and avoidance. He has appeared regularly as a litigator and counselor before the Equal Employment Opportunity Commission, the Illinois Department of Human Rights, other state and federal administrative bodies, the Financial Industries Regulatory Authority, and state and federal trial courts. Mr. Broda has jury trial, bench trial, administrative fora and arbitration experience. 

Mr. Broda is a trusted advisor on all aspects of employment law counseling and litigation for diverse lines of business within a leading international financial services company with a strong emphasis on broker-dealer, consumer financial services and investment management businesses.  He has developed a specialty in advising on the range of issues associated with the employment of registered investment representatives and regulated broker-dealers and emerging issues in the mortgage industry. Mr. Broda partners with the business in order to deliver people strategies that allow the firm to meet its desired results while working within appropriate risk parameters, identifying emerging issues and trends and suggesting concrete measures for risk mitigation and avoidance. The range of issues faced on a day to day basis include: pre-employment screening; the design, implementation and execution of compensation plans, focusing on deferred, equity, incentive, bonus, emerging regulations and claw backs; drafting, advising on and litigating covenants not to compete and restrictive covenants; providing counsel on employee discipline, termination, severance, workplace investigations, issues under the NLRA, policy development, employment agreements, FLSA, wage and hour issues, workplace accommodations, applications, training, and the protection of intellectual property, trade secrets and confidential information. Mr. Broda also routinely advises on corporate deals and restructurings.  

Mr. Broda has appeared in several published cases covering a broad range of topics, including, but not limited to: Phillips v. JPMorgan Chase Bank, N.A., No. 06 C 3747, 2007 WL 1266303 (N.D. Ill. April 30, 2007); Stark v. PPM America, Inc., 354 F.3d 666 (7th Cir. 2004); Guy Carpenter & Co., Inc. v. Provenzale, 334 F.3d 459 (5th Cir. 2003); Anheuser Busch v. Teamsters Local 744, 280 F.3d 1133 (7th Cir. 2002); Peele v. County Mutual Ins. Co., 288 F.3d 319 (7th Cir. 2002); Hogan v. Metromail, 107 F.Supp.2d 459 (S.D.N.Y. 2000); 167 F.Supp.2d 593 (S.D.N.Y. 2001); 2002 WL 373245, 28 Employee Benefits Cas. 1480 (S.D.N.Y. 2002); Lumenite Control Technology, Inc. v. Jarvis, 252 F.Supp.2d 700 (N.D.Ill. 2003); Hupp v. Metromail Corp. Special Severance Plan, 133 F.Supp.2d 681 (N.D.Ill. 2001); and Illinois State Police v. Fraternal Order of Police Troopers, Lodge No. 41, 323 Ill.App.3d 322 (4th Dist. 2001).

Mr. Broda is a member of the bar of the State of Illinois, the United States District Court for the Northern District of Illinois, the United States Court of Appeals for the Fifth Circuit, Eighth Circuit and the Eleventh Circuit. Mr. Broda received a B.A. in American Studies from Knox College, magna cum laude, Phi Beta Kappa, with College Honors. He has an M.A. from the University of Iowa, and a J.D. from Loyola University Chicago School of Law, magna cum laude

Mr. Broda's pro bono activities have included performing legal work for Lakefront Supportive Housing and the Chicago Coalition for the Homeless, two organizations dedicated to improving the lives of the homeless and recently homeless, and representing an individual plaintiff with respect to her claims of race, religious and disability discrimination in the Northern District of Illinois. He is also an active alumnus of Knox College, serving as Alumni Class Agent and Reunion Chair.


Matt Lampe represents employers throughout the country in class action and other complex litigation, including cases under the FLSA, ERISA, Title VII, ADA, ADEA, and numerous state discrimination, wrongful discharge, and other tort laws. He has extensive experience leading the defense of clients facing employment class actions across multiple jurisdictions. Matt also defends companies in EEOC, DOL, and other agency investigations alleging systemic discrimination or pay practice violations. In addition, he counsels clients across a broad spectrum of employment law and litigation avoidance topics.

Matt is co-chair of the Firm's Labor & Employment Practice. He speaks frequently throughout the country on employment-related topics, including class action defense and wage and hour compliance and audit strategies. He is a contributing author to Labor & Employment N.Y. (LENY), the official blog of the New York State Bar Association's Labor and Employment Section, and a contributor to The Fair Labor Standards Act, Second Edition, American Bar Association Section of Labor and Employment Law.

Matt was named one of the "Nation's Most Powerful Employment Attorneys" by HR Executive magazine and Lawdragon. In 2012, Matt was recognized as a "Client Service All-Star" by BTI Consulting Group, which commended him for "extraordinary dedication to client service during a time of increased pressure and client demands." He is a Fellow in The College of Labor and Employment Lawyers, a life member of the U.S. Court of Appeals Sixth Circuit Judicial Conference, and a member of the New York City Bar Association and the Labor and Employment Law Sections of the American Bar Association and the New York State Bar Association.


Michele Fisher is a managing partner at Nichols Kaster, PLLP, and the Chair of the Firm’s Business Development and Marketing Groups, which originate class and collective actions and market the firm.  She has dedicated her career to litigating wage and hour cases in an aggressive, creative, and strategic manner. She is one of the leaders of a practice group that has been described as a "powerhouse" for mass wage and hour litigation and arbitration.  Michele has the experience, resources, and staff to take on any company regardless of size.  She has handled several jury trials and arbitrations in her fight for employee rights and prides herself on the firm's reputation as a leader in national wage and hour class and collective action litigation. Michele has litigated hundreds of class and collective actions involving positions such as home health aides, loan officers, retail salespersons, oil and gas workers, assistant managers, field service engineers, call center representatives, exotic dancers, inside sales representatives, restaurant workers, insurance adjusters, property specialists, property managers, installers, service technicians, and road construction laborers.  Michele is active in several organizations. She is the Co-Chair and a faculty member of the Practicing Law Institute’s Wage & Hour Litigation and Compliance conference, the Co-Chair of the ABA Labor and Employment Law Section’s Federal Labor Standards Legislation Committee, the Co-Chair of the ABA Labor and Employment Law Section's Revenue and Partnership Development Committee, and a wage and hour track coordinator for the ABA Labor and Employment Law Section’s annual conference.  She has also served as the Co-Editor-in-Chief of the ABA Labor and Employment Law Section’s Federal Labor Standards Legislation Committee FLSA Midwinter Report, an editorial board member for BNA’s the Fair Labor Standards Act Treatise, and a chapter editor for BNA’s Wage and Hour Laws: A State-by-State Survey. She has been named to the Best Lawyers, Super Lawyers, Top Women Attorneys, and Rising Star lists repeatedly, is a member of the Top 100 National Trial Lawyers, and Top 10 Wage and Hour Lawyers, and has been named a Lawyer of Distinction.  Michele volunteers as an attorney for a foster child through the Children's Law Center.


Patrick Shea is the Global Chair of the Paul Hastings Employment Law Department, and leads a diverse group of more than 100 lawyers in 14 offices around the world. He is based in the firm’s New York office where he represents companies in a wide range of employment-related litigation, including matters involving employee benefits, employment discrimination, wage and hour claims, and wrongful discharge. His clients include major companies in the financial services, information technology, manufacturing, defense, and high-tech industries.


Recent Representations

Weber v. FujiFilm (D. Conn. 2012) (prevailed in three week federal jury trial brought by a senior executive alleging age and national origin discrimination)

Perkins v. Southern New England Telephone (D. Conn. 2011) (prevailed in three week wage and hour class action jury trial)

Christie v. General Electric (D. Conn. 2010) (prevailed in six-day age discrimination jury trial brought by employee with 20 years of service)

Eldridge v. Provident Life& & Accident Insurance Co., (Mass. Super. Ct. 2001) (defendant’s verdict in three-week jury trial of nationwide class action alleging breach of contract)

Flanagan v. General Electric Co., (2d Cir. 2001) (affirming summary judgment for defendants in ERISA class action challenging transfer of more than $1 billion in pension plan assets)

Prevailed in nine arbitrations before the AAA and FINRA.


Accolades and Recognitions

Chambers USA ranked in Band 1 among the top labor and employment lawyers in New York

Legal 500 notes “Patrick Shea ‘seems to win whatever he touches’”

Named in The Best Lawyers in America

Fellow, College of Labor and Employment Lawyers

Named one of “America’s Top 100 Employment Law Attorneys” by Lawdragon

Rated "AV Preeminent" by Martindale-Hubbell®

 

Speaking Engagements and Publications

Frequent speaker on topics in the employment law area

 

Professional and Community Involvement

Appointed by the Chairman of the EEOC to serve on a Negotiated Rulemaking Committee that developed regulations governing age discrimination releases under Title II of the Older Workers Benefit Protection Act

Member of the New York, Connecticut, and the District of Columbia Bar Associations

Admitted to a number of federal district and circuit courts

After graduating from law school, he served as law clerk to the honorable Raymond J. Pettine, Chief Judge of the U.S. District Court for the District of Rhode Island

 

Education

Yale Law School, J.D., 1981 – where he was a member of the Board of Editors of the Yale Law Journal

University of Scranton, B.A., 1978


Susan N. Eisenberg has more than 25 years representing employers in all aspects of employment matters and is widely recognized as one of the leading employment law attorneys in Florida. Susan has extensive jury and non-jury trial experience involving sex, race, religion, age and disability harassment and discrimination issues. She also litigates non-compete and confidentiality issues as well as accessibility issues under the Americans with Disabilities Act. She regularly handles single plaintiff as well as class-action litigation. Susan is also widely known for her experience with wage and hour issues and is one of the authors of the premiere treatise titled The Fair Labor Standards Act.

Susan also advises clients on employment law compliance, discipline, terminations, reductions in force and wage and hour audits. She has extensive experience in conducting workplace investigations including those involving high level executives. She prepares workplace policies and procedure manuals, employment contracts, non-compete and confidentiality agreements and separation agreements. Susan also conducts informative and entertaining in-house training on employment Susan is Florida Bar Board Certified in Labor and Employment Law and has been a Fellow of the College of Labor and Employment Lawyers since 2007. Susan was recognized as one of the top 20 women lawyers in South Florida in 2014. She is a frequent lecturer, author and bar association leader. She regularly writes and speaks on employment issues for the American Bar Association, Practicing Law Institute, and American Conference Institute. Susan is the former chair of the American Bar Association’s Federal Labor Standards Legislation Committee, president of the Academy of Florida Management Attorneys, and founding member and president of the Wage and Hour Defense Institute.

In addition to her litigation and counseling practice, for the past 10 years Susan has been an Arbitrator with the American Arbitration Association and a Certified Mediator.

Susan earned her Bachelor of Science from the University of Michigan and her law degree from the University of Miami where she was a member of law review and president of the Moot Court Board. Before practicing law, Susan worked as a pharmacist and still holds her pharmacy license in Florida.

Practice Areas

• Labor & Employment

Education

• University of Miami School of Law, J.D.
• University of Michigan, B.S.

Bar Admissions

• Florida

Awards & Honors

• Board Certified in Labor & Employment Law, The Florida Bar Board of Legal Specialization and Education
• Fellow, The College of Labor and Employment Lawyers,
• Founding Member, Wage and Hour Defense Institute (WHDI)
• The Best Lawyers in America 2016, Listed as “Lawyer of the Year” for Employment Law - Management in Miami
• The Best Lawyers in America, 2006-2016
• South Florida Legal Guide Top Lawyers 2012-2015
• Chambers USA2004-2015,
• Chambers USA 2012, Women in Law Awards, Short List for Employment Lawyer of the Year
• Super Lawyers Magazine2012-2015
• Super Lawyers Magazine “Top 50 Women Lawyers” Florida, 2008, 2010-2011, 2013-2015
• Super Lawyers Magazine 2013, Listed in Florida as one of the “Top 100 Lawyers”
• Super Lawyers Magazine 2013, Listed in Florida as one of the “Top 100 Miami Lawyers”
• Daily Business Review 2014, Recognized as a Top 20 Women in Law Honoree in South Florida
• Florida Trend’s Legal Elite 2005,2007, 2010,2012-2013
• The International Who’s Who of Business Lawyers, 2012
• Certified Mediator, Florida Supreme Court
• American Arbitration Association, Arbitrator
• Martindale-Hubbell, AV Rated


Tim Long leads a vibrant employment law practice representing clients throughout the state and beyond from his offices in Los Angeles and Sacramento. For the last two years, The Daily Journal has selected Tim as one of the top labor and employment lawyers in California. 

Tim has developed a national reputation litigating complex employment matters.  Tim has acted as lead counsel in numerous class, collective and representative actions and advised on dozens more.

Mr. Long is one of the few lawyers who has tried to verdict an employment class action, obtaining a complete defense verdict on behalf of a major retailer. He went on to protect the verdict on appeal.  Last year Tim argued to the California Supreme Court, achieving a victory for another retail client.  He also made it to the U.S. Supreme Court in a case involving independent contractors and the enforceability of arbitration agreements.  That case settled on the eve of oral argument.

Tim is also the Editor of PLI’s Employment Law Yearbook, which is the most comprehensive, annual update on issues that are most relevant to employment law practitioners.


Stephen P. Sonnenberg, Esq. has deep experience in understanding and resolving complex labor and employment disputes. Mr. Sonnenberg’s unique background, which allows him to understand both plaintiff and defendant concerns, comes from the practice of law, experience as a mediator, and prior experience as a psychotherapist. Mr. Sonnenberg is known for his attention to detail, thoughtful approach to emotion-laden disputes, and demeanor conducive to settlement.

Mr. Sonnenberg practiced labor and employment law at the highest levels for 25 years at Paul Hastings, a prominent AMLAW 100 firm, and achieved a prestigious ranking from Chambers USA, within the Labor & Employment band. Leadership roles at the firm included a term as Chair of the New York Employment Law Practice (2014-2017), Vice Chair of the Employment Law Department (International) (2003-2014) and Co-Chair of the Employment Law Department’s national wage and hour law practice (2005-2014). Resident for an equal amount of time in the firm’s Los Angeles and New York offices, Mr. Sonnenberg represented and advised clients in a wide range of employment disputes, including wage and hour class and collective actions, retaliation, wrongful discharge, restrictive covenant, discrimination and harassment lawsuits. He has also overseen and conducted privileged internal investigations in response to complaints of misconduct.

Mr. Sonnenberg has mediated numerous matters not only at JAMS but as a member of the Mediation Panels of the U.S. District Court, Southern and Eastern Districts of New York. He has taught employment law to members of the federal judiciary through the Federal Judicial Center, has provided employment law training and advice in a variety of settings, and is an adjunct faculty member at Cardozo Law School.

Before practicing law, Mr. Sonnenberg devoted himself to a 15-year career as a clinical social worker in Michigan and California. Mr. Sonnenberg worked in diverse psychiatric settings and community organizations, assisting individuals with a wide range of emotional, vocational and financial challenges, including facilitating the resolution of disputes with family members, employers and other third parties.  Settings included psychiatric hospitals, a community mental health center, and the private practice of psychotherapy working with individuals, couples and families.


Ellen Kearns is the office head and senior partner in the Boston office of Constangy Brooks Smith & Prophete, LLP, a law firm specializing in labor and employment law.

Ellen is the Editor-in-Chief of the first, second and third editions of the ABA/BNA Treatise, The Fair Labor Standards Act. She also chairs the ABA Editorial Board for the Journal of Labor & Employment Law. 

Ellen has been recognized by Chambers USA Guide, Best Lawyers in America, American Registry, and Super Lawyers (Top 100 in Massachusetts, Top 50 Women in Massachusetts, Top 50 Women in New England). She is a frequent speaker on wage and hour law.

Ellen also serves as Chair of the Corporate Board of the Sisters of St. Joseph’s Sponsored Ministries. She graduated from Boston College Law School and Regis College.


Mr. Fortney is a co-founder of Fortney & Scott LLC, a Washington, D.C.-based law firm, counseling and advising clients on the full spectrum of workplace-related matters, including employment discrimination and labor matters, compliance programs, government contracting, executive employment and compensation, and developing strategies for avoiding or responding to workplace-related crises. Mr. Fortney has a broad-based practice representing and counseling employers in employment and labor matters, including wage and hour matters, government enforcement agencies’ audits and regulatory matters, judicial proceedings, Equal Employment Opportunity requirements, federal contractor's affirmative action and non-discrimination obligations, collective bargaining and union organizing, and workplace health and safety. Mr. Fortney is a Fellow in the College of Labor and Employment Lawyers; he co-chairs the American Bar Association’s Federal Legislative Development Committee; and, he is a frequent lecturer at professional conferences. Fortney & Scott, LLC has been both locally and nationally recognized as a leading management employment law firm in the prestigious Best Law Firms survey for 2011-2017 by U.S. News & World Report and Best Lawyers.

Mr. Fortney’s wage and hour practice includes counseling clients with respect to policies and procedures to ensure compliance with the minimum wage and overtime obligations under the Federal Fair Labor Standards Act (FLSA) and state wage and hour laws, including the proper classification of positions as exempt or non-exempt, overtime practices for non-exempt employees, compensation practices for exempt employees, and time and record keeping procedures; conducting preventive compliance audits; and advising and representing clients facing audits by the U.S. Department of Labor’s Wage and Hour Division. Additionally, Mr. Fortney established and co-chairs the Practicing Law Institute’s nationally acclaimed annual wage and hour seminar in New York, and has been doing so since 2010.

Before co-founding the firm, Mr. Fortney previously served as the chief legal officer of the U. S. Department of Labor in Washington, D.C. during President George H. W. Bush Administration. As Acting Solicitor of Labor, he was responsible for enforcing over 140 laws regulating the nation's workplaces and managing an agency with 800 attorneys and support staff. He advised Secretaries of Labor Elizabeth Dole and Lynn Martin and the Department of Labor agencies on a broad range of legal, policy, legislative, regulatory, and enforcement issues. The major Department of Labor agencies Mr. Fortney represented included the Wage and Hour Division, the Office of Federal Contract Compliance Programs (OFCCP), Occupational Safety and Health Administration (OSHA), and Mine Safety and Health Administration (MSHA), among others.

Mr. Fortney has been widely recognized for his professional accomplishments, including being named one of the leading employment lawyers in Washington, D.C. by the Chambers USA survey of America’s Leading Lawyers for Business in all years from 2005 through present. He was selected for inclusion in the 2009 through present editions of The Best Lawyers in America, Washington D.C.’s, Washington D.C.’s Best Lawyers and Super Lawyers. Mr. Fortney also has an AV rating (the highest level) by Martindale-Hubbell.

Mr. Fortney is a frequent lecturer and writer on employment-related topics, including appearances on CNN, CBS and Fox News. Mr. Fortney is the co-editor of a monthly newsletter, the Federal Employment Law Insider, Chapter Eight of The Family and Medical Leave Act (2006) published by BNA Books, co-author of the Military Leave Compliance Kit (2001), published by M. Lee Smith Publishers, and lead author of the Guide to Employee Leave (1997), published by Warren, Gorham & Lamont. Mr. Fortney received his B.A. from The Pennsylvania State University and his J.D. from Duquesne University School of Law.