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Wage & Hour Litigation and Compliance 2020


Speaker(s): Brian D. Gonzales, Caryl Flannery, Catherine Ruckelshaus, Cheryl M. Stanton, Christina T. Tellado, Christina Thomas Mazaheri, David S. Fortney, Dwight Steward, Ph.D., Ellen C. Kearns, George A. Hanson, Gregg I. Shavitz, Karla Gilbride, Matthew C. Helland, Michele R. Fisher, Susan N. Eisenberg, Tammy D. McCutchen, Theodore K. Cheng, Timothy J. Long, William J. Anthony
Recorded on: Jan. 28, 2020
PLI Program #: 278913

Brian Gonzales founded The Law Offices of Brian D. Gonzales in 2008 to dedicate himself to the vindication of workers’ rights.  Mr. Gonzales’ practice concentrates on representing employees in collective and class action cases to recover overtime pay, stolen tips and other unpaid wages.  He has represented tens of thousands of workers in Colorado and throughout the United States, recovering millions of dollars in unpaid wages and forcing companies to bring pay policies into compliance with the law.  Mr. Gonzales earned a bachelor’s degree in Philosophy and Psychology from the University of Kansas in 1992 and, in 1996, earned a law degree from the University of Michigan.  He sits on the board of Towards Justice, a non-profit dedicated to fighting wage theft, www.towardsjustice.org, and works with the Colorado Wage Theft Task Force to strengthen Colorado’s state wage law.

 


Caryl Flannery (JD, AWI-CH) is in-house employment counsel for Centene Corporation, a Fortune 51 company and multi-line managed health care enterprise with over 50,000 employees across the US and overseas.  Caryl has primary responsibility for all aspects of employment law across the company including collaborating with HR and operational leaders to establish and maintain compliant employment practices; managing and selecting outside counsel for employment-related lawsuits and administrative charges; and providing advice on day-to-day employee matters.  Prior to joining Centene, Caryl was in private practice where she counseled and represented both private and public sector clients on all facets of labor and employment law, administrative law, and complex civil litigation, and was retained by employers and law firms served as an independent workplace investigator.


Catherine Ruckelshaus is general counsel and legal director at the National Employment Law Project, where she leads the Legal Department’s work fighting to support workers’ rights and economic security for all.

Her primary areas of expertise are the labor and employment rights of low-wage contingent and immigrant workers and the barriers those workers face in gaining access to baseline job protections.

Cathy co-founded the National Wage & Hour Clearinghouse, a network of attorneys and advocates from legal services, the private bar, academia, and government, dedicated to advancing labor standards for all workers, and regularly advises national allies to promote state and federal public agency enforcement reforms in the workers’ rights arena.

Cathy has litigated complex cases and written amicus briefs in most federal circuits and the U.S. Supreme Court on wage and hour and low-wage worker topics.  She regularly provides testimony to Congress and state legislatures, and comments frequently in the national media on these issues. Ms. Ruckelshaus is a graduate of Princeton University and Stanford Law School. She was in the first class of Skadden Arps Fellows in 1989. Cathy is admitted to practice law in New York.


Cheryl Marie Stanton was nominated by President Donald J. Trump to serve as the Administrator of the Department’s Wage and Hour Division (WHD), and the U.S. Senate confirmed Stanton’s nomination on April 10, 2019. She was sworn in as WHD’s Administrator by U.S. Secretary of Labor Alexander Acosta on April 29, 2019.

Stanton brings a wealth of experience to WHD, most recently having served as the Executive Director of the South Carolina Department of Employment and Workforce. Under her leadership, South Carolina’s jobless rate dropped to its lowest point in at least 50 years. During that time period, South Carolina’s workforce system helped place over 500,000 South Carolinians into jobs. Stanton also partnered with her colleague at the Department of Corrections to create a job re-entry program for ex-offenders, receiving national accolades. She also oversaw two major information technology modernization projects that improved customer service and increased efficiencies for employees. 

Stanton served as the White House’s principal legal liaison to the DOL under President George W. Bush. She is a graduate of Williams College, and earned her law degree from the University of Chicago Law School. 

 


Christina “Tina” Tellado is a partner in Holland & Knight LLP Labor and Employment Group.  Tina maintains a bi-coastal practice and holds a leadership role in the Firm’s nationwide wage and hour practice.  Her practice is focused on the representation of employers in all aspects of employment and labor law, with a particular emphasis on wage and hour representative litigation, as well as discrimination and harassment, and trade secret/non-compete issues.  Tina’s practice encompasses both counseling clients on workforce issues and representing them when litigation arises.

Tina has extensive experience representing employers in nationwide class and collective actions and complex employment litigation from receipt of the complaint through discovery, class certification, and trial. Tina regularly defends complex wage and hour litigation involving overtime, minimum wage, off-the-clock, classification of exempt or non-exempt overtime status, misclassification as an independent contractor or contingent worker, and meal and rest break claims. She is skilled at organizing voluminous data and assisting clients with e-discovery demands, managing attorney “teams” to collect and develop facts in cases involving thousands of employees. Tina is a “big case” strategic thinker and excellent case manager, and her experience provides exceptional value to the clients she represents.

Tina also regularly defends claims brought under the full range of federal and state employment statutes and state common law, including Title VII, the ADA, ADEA, and FMLA. She has successfully represented clients in all phases of litigation, including arbitrations on such claims.

Tina counsels employers on compensation plans to ensure legal compliance, and otherwise counsels employers on wage and hour issues related to compensable time, wage deductions, and commissions. She routinely advises employers on implementing and enforcing arbitration agreements with class and collective action waivers. Tina also counsels clients on workforce reductions, workplace investigations, hiring decisions and processes, disability accommodations and medical leaves, termination and discipline decisions, senior management contract negotiations, severance negotiations, drafting employee handbooks and policies, and other workforce issues. In addition, Tina conducts internal wage and hour audits to assist clients in properly classifying employees, protecting against off-the-clock liability, and avoiding independent contractor misclassification and joint employer liability.


Christina Thomas Mazaheri is admitted in the state bars of Kentucky and Florida as well as multiple federal courts in Florida, Kentucky, Illinois, Indiana, Tennessee, and Wisconsin. A native South Carolinian with a passion for Employee Rights, Christina is the eldest of three daughters born to a blue-collar family and is deeply connected to the spirit of the American Worker. Her mission as a lawyer is to demand Corporate Accountability and “even the playing field” for hardworking men and women who form the backbone of the American economy.

Christina graduated magna cum laude from the South Carolina Honors College at the University of South Carolina where she received a Baccalaureus Artium et Scientiae Degree for her coursework in Biology, Political Science, French and Spanish. As an undergraduate, Christina studied at Costa Rica’s Institute of Central American Development Studies; served as a Congressional Fellow to South Carolina Representative John Spratt in Washington, D.C.; and participated in Combat Soldier Reintegration Research for the U.S. Army’s Recruiting Command Psychologist at Fort Jackson, South Carolina. Christina also completed an Independent Study on Physical Education Reform in South Carolina’s Public Schools and defended a Honors Senior Thesis applying Dynamic Systems Theory to Healthcare Reform.

After college, Christina taught middle school French in Myrtle Beach, South Carolina, which inspired her to travel to Honduras, Central America, and then to Malawi, Africa where she participated in a non-profit effort to educate school children and community leaders on gender equality and the preventability of HIV infection. She then enrolled in the Charleston School of Law, where she graduated cum laude as the Managing Editor for the Charleston Law Review and a recipient of her school’s Giving Back Award for Excellence in Community Service. Christina saw Employee Rights litigation for the first time while working during law school as a Statewide Migrant Farmworker Paralegal for South Carolina Legal Services, a non-profit legal aid organization.  

Christina has tried cases before juries in both state and federal courts and has represented hundreds of men and women in single-plaintiff and class/collective action cases involving workplace discrimination and harassment, whistleblower retaliation, family medical leave, employee benefits disputes, breach of contract and unpaid minimum wages and overtime. Christina and her spouse and law partner, Bernie, have recovered millions of dollars for their clients over the years. When not practicing law, Christina enjoys making art, singing in her church choir, exploring the Great Outdoors, and spending time with her three young sons and their three Great Danes.    


Dwight Steward, Ph.D. is an economist and statistician, and principal of EmployStats since 1997.  Dr. Steward often works on high profile projects, and regularly speaks, writes, and teaches about the economic and statistical methodologies employed in his research.  He conducts research for attorneys, businesses, and government agencies on a wide range of topics, including FLSA and wage and hour violations, individual earnings losses, and employment discrimination.

Dr. Steward has penned expert reports and testified on related issues in Federal and State cases across the country.  He has also provided research in internal wage and hour audits, workplace investigations, and damage exposure analyses to businesses and government agencies operating in a variety of industries.  Dr. Steward has held teaching positions at The University of Texas-Austin in the Department of Economics and The Red McCombs School of Business, The College of Business at Sam Houston State University, and The University of Iowa.  He has taught a variety of courses in statistics, corporate finance, business policies, labor economics, microeconomics, and managerial economics.

 


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 “matchless 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.

 


Gregg I. Shavitz, founder of the Shavitz Law Group, P.A., has dedicated himself to the vindication of workers’ rights.   Mr. Shavitz’s practice concentrates on representing Plaintiffs in collective/class action overtime cases arising under the FLSA and Rule 23.    Mr. Shavitz has represented tens of thousands of workers throughout the United States, and recovered in excess of Four Hundred Million Dollars for employees claiming back-pay.    

In addition to his litigation expertise, Mr. Shavitz has lectured in the past at seminars sponsored by the Labor and Employment Section of the Florida Bar, and has been a repeat speaker at the Labor and Employment Section Certification Review Seminar as well as the Academy of Florida Trial Lawyers Workhorse Seminars.


Karla Gilbride joined Public Justice in October 2014 as the Cartwright-Baron staff attorney. Her work focuses on fighting mandatory arbitration provisions imposed on consumers and workers to prevent them from holding corporations accountable for their wrongdoing in court.

She has testified before the state legislatures of Maryland, New York and California on the topic of forced arbitration and has successfully briefed and/or argued arbitration-related appeals before the U.S. Courts of Appeals for the First, Fourth, Eighth, Ninth and Eleventh Circuits, as well as state appellate courts in New Jersey and Maryland. These cases involved such issues as whether a retailer can enforce an arbitration provision in a list of terms and conditions that also allows the retailer to change any term at any time without notice to the customer (national Federation of the Blind v. The Container Store, Inc.,  901 F.3d 70 (1st Cir. 2018)); whether an employer can wait until eight months into the litigation, after it had already lost a transfer motion, before seeking to arbitrate (Messina v. North Central Distributing, 821 F.3d 1047 (8th Cir. 2016)); whether a manufacturer can bury an arbitration provision in an informational brochure packaged with a cell phone (Dang v. Samsung  Electronics Co. LTD., 673 Fed. Appx. 779 (9th Cir. 2017)); and whether a debt buyer can file a collection action in court and then require that a subsequent lawsuit brought to challenge that collection activity take place in arbitration (Cain v. Midland Funding, LLC, 156 A.3d 807 (Md. 2017)). In each of these cases, the appeals court rejected the corporation’s attempt to force the plaintiff into arbitration.

She has also combated the tactic of corporations trying to decapitate class actions by offering individual settlements to the named class representatives, and argued and won a challenge to such a pick-off attempt in the Seventh Circuit in 2015 in a case called Webster v. Bayview Loan Servicing.

Karla is a member of the bar in New York, California and the District of Columbia, as well as several federal district courts, the US Supreme Court and the Courts of Appeals for the First, Second, Third, Fourth, Seventh, Eighth, Ninth and Eleventh Circuits. She is also a board member for the National Employment Lawyers Association, and a member of the National Association of Consumer Advocates.

Before coming to Public Justice, Karla spent three years as an associate at Mehri & Skalet PLLC, where she worked on wage and hour, and employment discrimination cases, as well as consumer class actions and cases brought under the Fair Housing Act. She previously spent three years at Disability Rights Advocates in Berkeley, Calif., bringing disability discrimination class actions and representing disabled consumers before the California Public Utilities Commission.

Karla graduated with honors from Georgetown Law in 2007 and clerked for Judge Ronald Gould on the U.S. Court of Appeals for the Ninth Circuit. She received her undergraduate degree from Swarthmore College with highest honors in 2002 with a major in linguistics and minor in psychology.


Matthew C. Helland is an experienced and tenacious litigator who has fought for workers’ and consumers’ rights throughout his career. Matt serves as the managing partner of Nichols Kaster’s San Francisco office, where he focuses his practice on class and collective wage and hour cases filed in California and throughout the country. Handling both large class actions and individual matters throughout this career, Matt has developed a record of success in significant and complex litigation.

Matt litigates each of his cases with the same zealous advocacy and passionate protection of his clients’ rights, whether the case involves millions of dollars and thousands of clients, or thousands of dollars and one individual. In addition to representing workers across the country in wage and hour actions, Matt has also handled cases involving WARN Act violations, breach of contract, and severance negotiations. Matt has prevailed on behalf of clients at all stages of litigation, from individual arbitrations to the United States Court of Appeals for the Ninth Circuit.

An active volunteer within the legal community, Matt serves as the WARN Act subcommittee co-chair for the ABA Federal Labor Standards Legislation Committee; the Employee Vice Chair of the ABA Labor and Employment Law Section Webinar Committee; a member of the Education Committee of the California Employment Lawyers Association; and a Chapter Editor of the Fair Labor Standards Act Midwinter report for the ABA Section of Labor and Employment Law. Matt is an also active volunteer at Workers' Rights Clinics through Legal Aid at Work, where he supervises student attorneys in providing legal assistance to low wage workers.

Matt graduated magna cum laude from the University of Minnesota Law School in 2005. While attending the University of Minnesota Law School, Matt was a staff member and Managing Tribute Editor of the University of Minnesota Journal of Global Trade. He also participated in the Child Advocacy Clinic, representing the interests of children as a student attorney in both Family and Juvenile Court. Matt graduated magna cum laude from Rhodes College in 2002 with a Bachelor of Arts degree in English Literature.

Matt is admitted to practice in front of the United States Supreme Court, the United States Court of Appeals for the Eighth and Ninth Circuits, and the state and federal courts of Minnesota and California.


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.

 

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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 pay equity, employment discrimination and labor matters, compliance programs, government contracting, international dispute resolution and counseling matters, and developing strategies for avoiding or responding to workplace-related crises.  Fortney & Scott, LLC has been recognized, both locally and nationally, as a leading management employment law firm in the prestigious Best Law Firms survey for 2011-2019 by U.S. News & World Report and Best Lawyers for Washington, D.C.

Mr. Fortney has a broad-based practice representing and counseling employers and executives in employment and labor matters, including equal employment opportunity requirements, wage and hour matters, federal contractor's affirmative action and non-discrimination obligations, collective bargaining, workplace health and safety, and pension and welfare benefits. He brings experience from the public and private sectors in advising clients on these issues, and he frequently represents clients before the U.S. Department of Labor's agencies, the Equal Employment Opportunity Commission, and the National Labor Relations Board. Mr. Fortney previously served as the Deputy and Acting Solicitor of Labor (chief legal officer) at the U.S. Department of Labor where he represented all DOL agencies.  Mr. Fortney's also has experience in litigation as well as in designing and implementing Alternative Dispute Resolution procedures to help resolve employment claims in an efficient and fair manner.

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.; Washington D.C.’s Best Lawyers; and Super Lawyers.  Mr. Fortney also has an AV rating (the highest level) by Martindale-Hubbell.

David Fortney can be contacted by email (dfortney@fortneyscott.com) or telephone (+1.202.689.1200).  Additional information is available at www.fortneyscott.com.

 


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.


Tammy McCutchen, Principal in Littler Mendelson’s DC office and VP of Strategy for ComplianceHR, is a leading authority on wage-hour laws.

At Littler, McCutchen counsels businesses on wage-hour compliance, represents employers during DOL investigations, and represents business associations on labor policy issues. At ComplianceHR, she develops applications which use artificial intelligence to assist employers in making key employment decisions including whether to classify workers as independent contractors or exempt from FLSA and state overtime pay requirements.

Before joining Littler, she served as Administrator of DOL’s Wage and Hour Division, where she managed an annual budget of $157 million and a workforce of 1,450 full-time equivalent career employees represented by two unions. McCutchen was the primary architect of the 2004 revisions to the overtime exemption regulations. 

McCutchen is a graduate of Northwestern University Law School, and clerked for Judge Manion on the U.S. Court of Appeals for the Seventh Circuit.  She is a member of both the Small Business Advisory Board for the National Federation of Independent Business and the Labor Relations Policy Committee of the U.S. Chamber of Commerce. 

She has testified on overtime issues before the House Education and the Workforce Committee, the Senate Appropriations Committee and the Senate Small Business Committee.

 


Theo K. Cheng is an independent, full-time arbitrator and mediator, focusing on commercial, intellectual property (IP), technology, entertainment, and labor/employment disputes. He has conducted over 500 arbitrations and mediations, including business disputes, breach of contract and negligence actions, trade secret theft, employment discrimination claims, wage-and-hour disputes, and IP infringement contentions. Theo has been appointed to the rosters of the American Arbitration Association (AAA), the CPR Institute, Resolute Systems, and the Silicon Valley Arbitration & Mediation Center’s List of the World’s Leading Technology Neutrals. He serves on the AAA’s Council, and he is also the President of the Justice Marie L. Garibaldi American Inn of Court for ADR, the Chair of the New York State Bar Association (NYSBA) Dispute Resolution Section, and the Secretary of the Copyright Society of the U.S.A. He was also inducted into the National Academy of Distinguished Neutrals. The National Law Journal named him a 2017 ADR Champion.

Theo has over 20 years of experience as an IP and general commercial litigator with a focus on trademarks, copyrights, patents, and trade secrets. He has handled a broad array of business disputes and counseled high net-worth individuals and small to middle-market business entities in industries as varied as high-tech, telecommunications, entertainment, consumer products, fashion, food and hospitality, retail, and financial services. In 2007, the National Asian Pacific American Bar Association named him one of the Best Lawyers Under 40.

Theo received his A.B. cum laude in Chemistry and Physics from Harvard University and his J.D. from New York University School of Law, where he served as the editor-in-chief of the Moot Court Board. He was a senior litigator at several prominent national law firms, including Paul, Weiss, Rifkind, Wharton & Garrison LLP, Proskauer Rose LLP, and Loeb & Loeb LLP. He was also a marketing consultant in the brokerage operations of MetLife Insurance Company, where he held Chartered Life Underwriter and Chartered Financial Consultant designations and a Series 7 General Securities Representative registration. Theo began his legal career serving as a law clerk to the Honorable Julio M. Fuentes of the U.S. Court of Appeals for the Third Circuit and the Honorable Ronald L. Buckwalter of the U.S. District Court for the Eastern District of Pennsylvania.

Theo frequently writes and speaks on ADR and intellectual property issues. He has a regular column called Resolution Alley in the NYSBA Entertainment, Arts and Sports Law Journal, which addresses the use of ADR in those industries. He also writes the The ADR Mosaic in the Minority Corporate Counsel Association’s Diversity & the Bar Magazine, which addresses ADR and diversity issues.

 


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.


William J. Anthony is Co-Chair of Jackson Lewis P.C. and is responsible for the entire firm's day-to-day administration and management.

Upon graduation from law school, Mr. Anthony joined the San Francisco office of Jackson Lewis. He transferred to the firm's Morristown office in 1991, the Hartford office in 2000, and moved to the Albany office in 2012. While at the Hartford office, Mr. Anthony served as Managing Partner from 2000 to 2008.

Class and Collective Action Experience

Mr. Anthony has handled numerous class and collective actions, including wage and hour claims alleging claims for improper payment of bonuses, misclassification of customer service employees, dispatchers, assistant retail managers, time share resort salespeople, pharmaceutical sales representatives and installation technicians and failure to pay minimum wage to tipped employees. Mr. Anthony has handled class and/or collective actions in New York, Connecticut, Massachusetts, New Jersey, Pennsylvania, Illinois, Florida, Tennessee, California and Washington.

Litigation Experience

Mr. Anthony has been defending employment claims for almost twenty-five years in a number of federal and state courts around the country. He has helped clients obtain many dismissals and favorable results during that time. Mr. Anthony has trial experience in several states, including Connecticut, New Jersey, Pennsylvania and Montana. He has tried cases involving claims of discrimination, harassment, retaliation, breach of contract, failure to pay wages and a variety of other statutory and common law issues.

Employment Law Counseling and Training

Mr. Anthony advises clients on the full range of employment law issues and provides training on management skills, discrimination, harassment, wage/hour and disabilities management issues.


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.