Overview
– Client Testimonial in Chambers USA
Employers face high-stakes risks and exposure as class action litigation escalates. To avoid and mitigate financial and business consequences, you need counsel who can ensure compliance with federal and state laws, swiftly defend your interests, and protect your future.
McDermott’s employment lawyers help leading public and private companies worldwide comply with US employee classification laws, including the Fair Labor Standards Act (FLSA) and relevant state laws. When potential misclassification triggers government investigations or lawsuits, our employment lawyers – many of whom are former high-ranking US federal prosecutors and government officials – leverage decades of experience to help you limit your legal liability and minimize reputational damage.
In addition to defending against misclassification lawsuits, McDermott’s seasoned trial and appellate lawyers can defend you in a wide range of complex employment class action lawsuits filed by government agencies, employees, and labor unions, involving claims under various US federal and state laws.
Capabilities
Employee Classification
McDermott’s employment team helps you ensure that your employees are classified appropriately under the FLSA and relevant state laws. With experience advising clients across all industries, we apply sector-specific knowledge to proactively guide you on policy development, compliance, and defense strategies.
Our lawyers have extensive knowledge of the classification of exempt and nonexempt employees, employees versus independent contractors, and business-to-business (B2B) contracts that may raise joint employer issues. We will work with you to properly characterize these business relationships in the context of agreements, policies, and practices.
On behalf of clients in employee classification matters, our team:
- Develops policies to comply with federal and state laws concerning classification, overtime, non-discretionary bonus regular rate recalculations, meal and rest periods, off-the-clock work, recordkeeping, and payroll deductions, among other issues
- Conducts regular policy reviews to ensure compliance and assess potential violations
- Rolls out new policies and delivers customized trainings to improve manager and employee compliance
- Advises on complex issues relating to the classification of gig workers and other independent contractors, including applying the ABC test, established by the California Supreme Court (a McDermott lawyer was directly involved in the case that led to the ABC test)
- Advises companies in the entertainment and sports industry contracting with loan-outs, leveraging the right labor, tax, and corporate laws to build the strongest agreements
- Defends against government investigations and compliance audits to minimize liability
- Defends against high-stakes wage-and-hour litigation, leveraging our experience handling hundreds of such cases successfully for our clients
Employment Class Action
McDermott’s employment class action lawyers have successfully defended clients against large-scale, multijurisdictional class action lawsuits involving thousands of employees. We represent clients across state and federal courts, appellate courts, and before the US Supreme Court in actions involving claims under several US federal and state laws, including:
- Age Discrimination in Employment Act (ADEA)
- Americans with Disabilities Act (ADA)
- Civil Rights Act – Title VII and Section 1981
- Equal Pay Act (EPA)
- Fair Credit Reporting Act (FCRA)
- Fair Labor Standards Act (FLSA)
- Private Attorneys General Act (PAGA)
- Worker Adjustment and Retraining Notification Act (WARN)
To protect your reputation, our employment class action litigation team takes a proactive approach to crisis management and media relations, including directly addressing plaintiffs’ lawyers who leverage the media in attempts to extract unreasonable damages. Additionally, to minimize liability from potential disputes, we help you implement arbitration programs that prevent individuals from bringing class or collective claims.
Our employment team also has significant experience defending against pattern and practice lawsuits brought by the Equal Employment Opportunity Commission (EEOC), state and federal department of labor actions, and attorney general enforcement actions. Whether in arbitration, early-stage meditation, or litigation, we know how and where to apply pressure to obtain the best result for you.
We offer distinct advantages in employment class actions including:
- First-chair trial lawyers who have won favorable verdicts in cases involving sophisticated employment issues
- An impressive track record of success in employment disputes, including the complete elimination of class action claims
- Deep familiarity with leading plaintiffs’ lawyers and their pressure points, allowing us to develop effective defense and resolution strategies
- A top-tier appellate practice that we leverage to craft legal arguments likely to withstand the test of an appeal
- Lawyers with extensive networks within the class action community, enabling us to spot emerging trends that can lead to the next big wave of class action litigation
