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Managing Wage & Hour Risks 2013

Speaker(s): Archis A. Parasharami, David S. Fortney, Ellen C. Kearns, George A. Hanson, Jennifer S Brand, Justin M. Swartz, Lafe E Solomon, M. Patricia Smith, Matthew W. Lampe, Michele R. Fisher, Paul J. Lukas, Reid R. Broda, Robert P. Davis, Samuel S. Shaulson, Stephen P. Sonnenberg, Susan N. Eisenberg, Susan Richard Nelson, Timothy J. Long
Recorded on: Feb. 11, 2013
PLI Program #: 41648

Sam S. Shaulson is a co-chair of the Labor & Employment Practice's Financial Services Group and a member of Morgan Lewis's Advisory Board. He has represented clients in cases involving unpaid overtime and minimum wage; breach of contract; denial of employee benefits; discrimination based on age, race, sex, national origin, and disability; and whistleblower claims. Mr. Shaulson advises financial services, pharmaceutical, and other clients on executive compensation, employment policy issues, wage and hour issues, employment testing, reductions in force, and whistleblower, termination, and discrimination matters. He has also represented clients in traditional labor matters under the National Labor Relations Act and the Railway Labor Act and has negotiated collective bargaining agreements and individual employment contracts.

Mr. Shaulson handles complex litigation matters and has represented clients in more than 75 class and collective actions, including cases involving Title VII, the ADA, the FLSA, and state wage and hour laws. 

His wage and hour experience includes: defeating class certification for a major financial institution in an action claiming that financial advisors were denied overtime pay and their wages were subject to improper deductions; obtaining  summary judgment on claims that an information technology professional was misclassified as overtime exempt, thereby mooting class and collective action claims; defeating class certification of claim that financial services sales representatives were required to work off-the-clock; defeating a nationwide collective action certification for a major financial institution in an action claiming that loan officers were denied overtime pay; and obtaining summary judgment in an overtime misclassification case where the court ruled that reclassification from exempt to nonexempt does not raise an issue of fact for trial or create an issue of fact on willfulness.

Mr. Shaulson received his J.D. (Order of the Coif) from the University of Pennsylvania and his B.S.B.A. from Boston University's School of Management.

Archis A. Parasharami, a litigation partner in Mayer Brown's Washington DC office, is a co-chair of the firm's Consumer Litigation & Class Actions practice, recently named by Law360 as one of the top five class action groups of the year. He also is a member of the firm's Supreme Court & Appellate practice.

Archis was named by The National Law Journal in 2011 as one of the "Minority 40 Under 40," which identifies minority lawyers who have had significant influence in their practice areas over the past five years.

Archis routinely defends businesses in class action litigation in federal and state courts around the country. He frequently speaks on developments in the class action arena, and has been quoted on a number of occasions in the National Law Journal, Corporate Counsel, and the Wall Street Journal Law Blog.

He is a co-editor of Class Defense (, the firm's blog on key issues affecting class action law and policy.

Archis has been recognized for his skills both in drafting arbitration agreements-particularly in the consumer and employment contexts-and in litigating the enforceability of those agreements. Most notably, Archis was one of the Mayer Brown lawyers who represented AT&T Mobility in AT&T Mobility LLC v. Concepcion, in which the US Supreme Court held that the Federal Arbitration Act preempts state-law rules that would refuse to enforce arbitration agreements solely because they waive class actions. Archis represented the company at all stages of the case, starting from the district court all the way to the Supreme Court, where Archis helped write the winning briefs. Along with his colleagues, he also represented one of the petitioners in Marmet Health Care Center, Inc. v. Brown, in which the US Supreme Court summarily reversed the West Virginia Supreme Court's categorical refusal to enforce all pre-dispute arbitration agreements that apply to personal-injury or wrongful-death claims against nursing homes as preempted by federal law.

Archis also maintains a substantial appellate practice, drafting briefs in the U.S. Supreme Court, federal and state appellate courts, and trial courts around the country

Archis attended Princeton University and Harvard Law School. He joined Mayer Brown in 2003 after clerking for Judge Leonard I. Garth of the United States Court of Appeals for the Third Circuit.

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.


  • 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.

George Hanson is a partner at Stueve Siegel Hanson LLP in Kansas City, Missouri. George has earned a national reputation for prosecuting wage and hour cases on behalf of disenfranchised workers, protecting their right to “a fair day’s pay for a fair day’s work.” After a landmark trial where he delivered a victory for a class of meat-packing workers, a distinguished federal judge described George’s wage and hour experience as having “unmatched depth.”

George has been named lead or co-lead attorney in more than 100 wage and hour actions filed in state and federal courts across the country and been appointed lead counsel in three Multidistrict Litigations (MDLs). He has appeared in 34 states, litigating matters involving overtime, minimum wage, work without pay, unreimbursed business expenses, donning and doffing, and independent contractor misclassification. George is passionate about leveling the playing field for workers and closing the gender wage gap. As a result of George’s work, employees have recovered more than $250 million in settlements and judgments in wage and hour cases.

George has been named among the Kansas City Business Journal’s “Best of the Bar,” is a Missouri/Kansas Super Lawyer and is listed in Best Lawyers in America in three categories: commercial litigation, employment law, and mass torts/class actions. He has been honored by the National Law Journal as a Plaintiffs’ Lawyer “Trailblazer,” named a Best Lawyers in America “Lawyer of the Year” for mass tort/class action litigation and both a “Local Litigation Star” and a “Labor and Employment Star” by Benchmark Plaintiffs.

George frequently presents on wage-and-hour law at seminars and continuing legal education programs across the country. George also has been a guest lecturer at the University of Missouri – Kansas City School of Law, the University of Kansas School of Law, and the Washington University School of Law. He is an author of multiple publications in wage-and-hour law and has served as a Senior Editor for the American Bar Association’s “Fair Labor Standards Act,” a leading treatise in the field.


JUSTIN M. SWARTZ, a partner at Outten & Golden LLP and Co-Chair of its Class Action Practice Group, represents employees in class action wage/hour and discrimination cases, as well as individual discrimination cases and other employment matters. Justin is also Co-Chair of the firm's Public Interest Committee and a member of its LGBT Employment Rights Practice Group and its Discrimination and Retaliation Practice Group.

Justin currently represents workers in overtime lawsuits against Starbucks, Wal-Mart, JP Morgan Chase, HSBC, Gristede's, Duane Reade, Tyson Foods, and other major companies. He also represents hundreds of restaurant workers in overtime and tip theft cases against New York City restaurants, low-wage cleaning workers in their claims that large contractors failed to pay them overtime compensation for their work cleaning buildings around Ground Zero in 2001, and entertainers and servers who have worked at Scores nightclubs. Among his recent employment discrimination maters are discrimination claims against companies that have refused to hire minorities with criminal records including an EEOC charge against Madison Square Garden, systemic gender discrimination claims against a major utility company, and several individual race, gender identity, sexual orientation, and national origin discrimination cases. He has represented hundreds of female and African American stock brokers in nationwide discrimination class action lawsuits against the country's leading brokerage firms, including two recently settled discrimination cases against Smith Barney and Morgan Stanley. He was a member of the trial teams in two class action race discrimination jury trials.

He is active in several bar associations including the New York City Bar Association where he has served on the Corrections Committee (2009-2012), the Committee on Civil Rights (2005-2008), and the Committee on Labor and Employment Law (2002-2005). He is a member of the Executive Board of the National Employment Lawyers Association (NELA) New York chapter and is Co-Chair of the NELA national Wage and Hour Committee. He is an active member of the ABA Section on Labor and Employment Law, where he is a Vice Chair of the planning committee for the 4th Annual CLE Conference, was Co-Chair of the Ethics and Professional Responsibility Committee from 2005-2008, is a Contributing Editor for the supplement to the BNA / ABA LEL Section treatise, The Fair Labor Standards Act, a Chapter Monitor for the supplement to the BNA / ABA LEL Section treatise, Employment Discrimination Law, and an active member of the Equal Employment Opportunity Committee.

Justin frequently works with non-profit organizations on public interest matters including successfully representing a formerly incarcerated security guard in a licensing hearing in conjunction with MFY Legal Services and three low wage immigrant women in sexual harassment, assault and battery, and overtime claims as co-counsel to the ACLU Women's Rights Project.  He has co-counseled with, and performed pro bono services for, The Legal Aid Society, South Brooklyn Legal Services, Manhattan Legal Services, the New York Civil Liberties Union, Legal Momentum, NYLAG, the Sylvia Rivera Law Project, and MFY Legal Services as a volunteer attorney at its legal clinics. Justin is also part of the Lambda Legal Cooperating Attorney Network. While living in Chicago, he volunteered at First Defense Legal Aid, providing emergency representation for recent arrestees and documenting police misconduct. He belongs to the American Constitution Society and Americans United for Separation of Church and State.

Justin speaks frequently on employment law and ethics. He and has spoken on and co-authored papers on prosecuting employment discrimination claims, representing sexual harassment victims, discrimination claims against Lesbian, Gay, Bisexual, and Transgender people, a wide variety of wage and hour issues, workplace privacy issues, retaliatory counterclaims by employers, discrimination suits by law-firm partners, stereotyping evidence in discrimination cases, and other employment law and ethics issues.

He graduated from DePaul University School of Law with honors in 1998. He joined Outten & Golden LLP in December 2003 after representing workers as an associate at Goodman & Zuchlewski, LLP, in New York and Stowell & Friedman, Ltd., in Chicago. He is a member of the bars of New York and Illinois.

Lafe Solomon, a career NLRB attorney, was named Acting General Counsel by President Obama as of June 21, 2010. The Agency's top investigative and prosecutorial position, the General Counsel has supervisory authority over all Regional Offices and guides policy on issuing complaints, seeking injunctions, and enforcing the Board's decisions.

Mr. Solomon began his Agency career as a field examiner in Seattle in 1972. After taking a break to pursue a law degree, he returned as an attorney in the Office of Appeals. He transferred to the Appellate Court Branch in 1979. Two years later, he left the General Counsel side of the Agency to join the staff of former Board Member Don Zimmerman. He went on to work for another nine Board Members, including Donald Dotson, Robert Hunter, John Higgins, James Stephens, Mary Cracraft, John Raudabaugh, William Gould, Sarah Fox and Wilma Liebman.

A native of Helena, Arkansas, Mr. Solomon received a B.A. degree in Economics from Brown University in 1970 and a J.D. from Tulane University in 1976.

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 health care workers, delivery drivers, loan officers, loan processors, retail salespersons, oil and gas workers, background investigators, logistic representatives, assistant managers, branch managers, field service engineers, call center representatives, school bus drivers, caretakers, convenience store clerks, exotic dancers, inside sales representatives, restaurant workers, insurance adjusters, property specialists, property managers, installers, service technicians, and construction laborers. 

Michele is active in several organizations. She is a Co-Chair and faculty member of the Practicing Law Institute’s Wage & Hour Litigation and Compliance conference, and the Co-Chair of the ABA Labor and Employment Law Section’s Annual Conference Planning Committee. She has served as the Vice Co-Chair of the ABA Labor and Employment Law Section’s Annual Conference Planning Committee, Co-Chair of the ABA Labor and Employment Law Section’s Federal Labor Standards Legislation Committee, Co-Editor-in-Chief of the ABA Labor and Employment Law Section’s Federal Labor Standards Legislation Committee FLSA Midwinter Report, Co-Chair of the ABA Labor and Employment Law Section's Revenue and Partnership Development Committee, Track Coordinator for the ABA Labor and Employment Law Section’s annual conference, 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 is a Fellow in the College of Labor and Employment Lawyers, has been named to the Best Lawyers, Super Lawyers, Top Women Attorneys, Lawyers of Distinction, and Rising Star lists repeatedly, is a member of the Top 10 Wage and Hour Lawyers, Top 100 National Trial Lawyers, Top 100 High Stakes Litigators, and LawDragon 500 Leading Plaintiff Employment Lawyers. Michele volunteers as an attorney for a foster child through the Children's Law Center. She also created and administers

Paul J. Lukas's aggressive and creative litigation strategies enable him to successfully represent his clients. Paul has been recognized by his peers as one of the "Top 40 Employment Law Lawyers" in Minnesota and is consistently named to the Super Lawyers list. Courageous and persistent, Paul is a committed advocate for employee and consumer's rights.
Having tried nearly fifty cases, Paul is also a trial veteran with proven results. Early in his career, Paul tried a wide variety of criminal cases, including the nationally renowned State v. Porter case. Winning that case at the Minnesota Supreme Court, Paul helped set the standard for prosecutorial misconduct in criminal cases. After honing his trial skills in the criminal arena, Paul focused his practice on employment litigation, obtaining favorable verdicts for employees in overtime, age, race, national origin, sex discrimination, sex harassment, whistleblower, sexual assault, retaliation, and minority shareholder cases. Paul is a member of Nichols Kaster's National Class and Collective Action Litigation Team and the firm's Consumer Class Action Team. Paul is currently litigating numerous wage and hour and consumer class and collective actions. He has represented thousands of employees and consumers in these practice areas.
Paul's energy and charisma have made him a nationally recognized lecturer on topics such as wage and hour law, employment law, and civil litigation strategies.

J.D. William Mitchell College of Law, 1991
B.A. St. John's University, 1988

Minnesota Supreme Court
New York Supreme Court
U.S. Court of Appeals for the Sixth Circuit
U.S. Court of Appeals for the Eighth Circuit
U.S. Court of Appeals for the Ninth Circuit
U.S. District Court - District of Colorado
U.S. District Court - Northern District of Illinois
U.S. District Court - Eastern District of Michigan
U.S. District Court - Western District of Michigan
U.S. District Court - District of Minnesota
U.S. District Court - Western District of Oklahoma
U.S. District Court - Western District of Tennessee
U.S. District Court - Western District of Texas
U.S. District Court - Western District of Wisconsin
U.S. District Court - Eastern District of Wisconsin

Co-Editor to the Wage and Hour Handbook: Federal and Minnesota. MN CLE, Inc. (2011).

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.

Jennifer S. Brand has been the Associate Solicitor of Labor for the Fair Labor Standards Division of the United States Department of Labor since March 2011.  In this position, she oversees the National Office Division of the Solicitor’s Office which handles all matters involving the Fair Labor Standards Act, the Davis Bacon Act, the Family Medical Leave Act, other federal wage related statutes and several whistleblower statutes.  The Fair Labor Standards Division also acts as Counsel to the Wage and Hour Division of the Department of Labor.

From May 2008 until March 2011, Ms. Brand was the Executive Director of the New York State Joint Enforcement Task Force on Employee Misclassification.  Prior to joining the Task Force, Ms. Brand held the position of Chief of the Labor Bureau at the New York State Attorney General’s Office.  She had been employed in the Attorney General’s Labor Bureau for nearly twenty years and had previously held the positions of Deputy Bureau Chief, General Labor Section Chief and Assistant Attorney General.

Ms. Brand is a graduate of Barnard College, and Columbia University School of Law and she also holds a Masters in Public Affairs from the Woodrow Wilson School at Princeton University.

M. Patricia Smith is currently of Counsel at the National Employment Law Project. She plays a central role in developing and implementing a wide range of advocacy strategies, including litigation, to fight attacks on workers and to continue to advance a pro-worker agenda at the federal level and in the states.

From March 2010 to January 2017, she was the Solicitor of Labor at the U.S. Department of Labor. As solicitor she served as the chief legal adviser to two secretaries of labor and directed a staff of over 650 across the country. She played a key role in the Labor Department’s signature achievements under Barack Obama, including rules advancing overtime protections, regulations protecting workers from deadly silica and coal dust, and a rule designed to prevent financial advisers from mishandling workers’ retirement funds. She also worked with the DOL enforcement agencies in developing and implementing major enforcement initiatives, including the Wage and Hour Division’s misclassification initiative and OSHA’s temporary worker initiative.

From January 2007 to March 2010 , Ms. Smith was the New York State Commissioner of Labor where she led the enforcement of labor laws throughout the state, the administration of the state’s unemployment insurance system, and the administration of the public workforce system.

She also previously served as chief of the Labor Bureau in the office of the New York state attorney general for eight years. In that role, she developed a system of active government labor law enforcement that became a model for other attorneys general and enforcement agencies across the country.

For eleven years prior to that, she served as the deputy labor bureau chief in New York and as the labor bureau’s section chief, conducting and overseeing all aspects of labor law litigation involving New York State in state and federal trial and appellate courts, including two cases before the United States Supreme Court.

Before joining the Office of the Attorney General, Ms. Smith worked for various Legal Services Organizations practicing employment law.

She graduated, cum laude, from Trinity College in Washington, D.C. in 1974 and from New York University School of Law, with honors, in 1977.

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.

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 work-place related matters, including employment discrimination and labor matters, compliance programs, government contracting, and developing strategies for avoiding or responding to workplace-related crises. Mr. Fortney’s broad-based practice includes equal employment opportunity requirements, wage and hour matters, federal contractor’s affirmative action and non-discrimination obligations, collective bargaining, and workplace health and safety. He brings experience from the public and private sectors, and he represents clients before federal and state agencies, including the U.S. Department of Labor’s agencies, the Equal Employment Opportunity Commission, and the National Labor Relations Board.

Previously, Mr. Fortney served as the chief legal officer and other positions at the U.S. Department of Labor in Washington, D.C. during the term of President George H.W.  Bush.

Mr. Fortney is on the Board of Directors of the American Employment Law Council, a co-founder of the Institute for Workplace Equality, and a Member of the ABA Council for the Labor & Employment Section.  Mr. Fortney has been recognized as 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 2008 through present editions of The Best Lawyers in America, Washington D.C.’s, Washington D.C.’s Best Lawyers, and Super Lawyers.  Mr. Fortney received an AV rating (the highest level) by Martindale-Hubbell.

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, 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.

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.

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.

Susan N. Eisenberg has more than 25 years of experience 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 issues.

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 and was recognized in 2019 as an Influential Business Woman by the South Florida Business Journal. Susan was also named 2020 Lawyer of the Year for Litigation, Labor & Employment Law by Best Lawyers in America.

Susan is the office managing partner of Cozen O'Connor's Miami offices and is the past co-chair of its Shareholder Nominating Committee. She currently sits on the Shareholder Compensation Committee. 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. Susan is the current management co-chair of the American Bar Association Labor and Employment Section Conference Planning Committee.

In addition to her litigation and counseling practice, for the past 15 years Susan has been an Arbitrator with the American Arbitration Association and is 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.

Timothy Long has deep experience litigating complex labor and employment issues, having served as lead counsel in multiple class, collective, and representative actions and advising on dozens more. Tim litigates wage-and-hour matters, including exemption, incentive compensation, independent contractor, off-the-clock, and pay practice claims. He also has defeated class and collective certification (including at Stage One) in exemption, off-the-clock, and pay practice cases.

Tim advises businesses on employment litigation and other types of claims. He litigates employment discrimination and wrongful termination claims, as well as matters involving trade secrets. Tim provides counsel on many corporate matters and often advises entertainment industry employers on emerging issues. Tim has both prosecuted and defended employers in trade secret and unfair business practices litigation. He has also resisted competitor efforts to enjoin the lawful practices of his clients.

Tim represents employers before state and federal administrative agencies, including the Equal Employment Opportunity Commission (EEOC), the Internal Revenue Service, the U.S. Department of Labor (DOL), the California Department of Fair Employment & Housing (DFEH), Division of Labor Standards Enforcement (DLSE), and Employment Development Department (EDD). He also conducts workplace investigations and audits.

Tim has wide-ranging experience handling traditional labor relations matters, including advising on certification and decertification elections. Throughout his career, he has litigated dozens of traditional labor disputes, representing clients in courts, before the National Labor Relations Board (NLRB), and in private arbitration. Tim also advises clients on labor relations issues that arise in mergers and acquisitions.

  On December 21, 2010, President Obama signed a Commission, naming Judge Susan Richard Nelson as United States District Court Judge for the District of Minnesota. Judge Nelson previously served as a United States Magistrate Judge in the District of Minnesota for 10 years. Prior to her service on the bench, Judge Nelson was in private practice for 17 years with the Minneapolis law firm, Robins, Kaplan, Miller & Ciresi, litigating complex civil matters in state and federal court. From 1994 to 1998, she served on the trial team representing the State of Minnesota and Blue Cross Blue Shield of Minnesota against the tobacco industry.

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 represents management in a full range of traditional labor and employment law matters. She has appeared before federal and state courts and administrative agencies with respect to employment discrimination, sexual harassment, wrongful discharge, wage and hour, and other employment related litigation. Ellen is recognized nationally for her wage and hour expertise, having served as Editor-in-Chief of the first, second, third and fourth editions of the ABA/BNA Treatise, The Fair Labor Standards Act. She is the former chair of 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 graduated from Boston College Law School and Regis College.