Stemming the Onslaught of Wage & Hour Actions: Understanding the Legal Environment and the Use of Arbitration Agreements With Class Action Waivers to Limit Liability

John Lewis concentrates his practice on the resolution of complex employment, labor and regulatory disputes, including the defense and oversight of class action litigation. The majority of John’s time is devoted to litigation, appellate practice and alternative dispute resolution procedures involving federal and state anti-discrimination, wage and hour and fair housing laws, the Railway Labor Act, the Civil Rights Acts, the Federal Reserve Act, the Sarbanes-Oxley Act, the Employee Retirement Income Security Act and wrongful discharge, individual employment contract, trade secret, non-competition and work-related tort claims. He has participated in more than 80 cases before federal and state appellate courts. John has also defended insurance companies and retailers against claims that their policies and practices discriminate against minority customers or have an unlawful disparate impact on them.

Highly regarded in his field, John is an elected member of The American Law Institute and a Fellow of the College of Labor & Employment Lawyers. He is listed in Chambers USA, The Best Lawyers in America®, Who's Who in America, and Who's Who in American Law, and was named one of the "Nation’s Most Powerful Attorneys – Top 100" by Human Resource Executive Magazine. John regularly contributes to BakerHostetler's Employment Class Action blog and is a frequent speaker and author on employment and anti-discrimination law topics. He is also the author of the Employment Practice Self-Assessment Guide, Fourth Edition, published by Aegis Insurance Services, Inc.

Experience

• Lead defense counsel in action alleging disability discrimination, breach of contract and breach of duty of fair representation claims under the Railway Labor Act. Prevailed at the District Court and Sixth Circuit levels.
• Member of team that persuaded the Ohio Supreme Court to adopt the federal standards for class certification under Ohio Rule 23.
• Successfully defended multi-party arbitral award involving seniority issues, resulting in published Sixth Circuit opinion outlining the applicable deferential standard of review.
• Secured defense verdict in action brought by the EEOC alleging that railroad discriminated against minority employee in granting leniency reinstatement.
• Presented oral argument in case before state appellate court where the judges found insufficient allegations of injury in putative class action.
• Successfully defended wage and hour action by enforcing the class action waiver in a mandatory arbitration agreement.
• Represented telecommunications company before Sixth Circuit, persuading the panel that an alleged past act of discrimination impacting a seniority system was not actionable.

Recognitions

• Chambers USA: Labor & Employment in Ohio
• The Best Lawyers in America© (1995 to present)
• Copyright 2013 by Woodward/White, Inc., of Aiken, SC
• Cleveland: Employment Law – Management
• Cleveland: Labor Law – Management
• Cleveland: Litigation – Labor and Employment
• Who's Who in America (1994 to 2012)
• Who's Who in American Law (2002 to 2012)
• Human Resources Executive Magazine "Nation's Most Powerful Employment Attorneys – Top 100"
• Martindale-Hubbell: AV Preeminent
• Ohio "Super Lawyer" (2004 to 2013)

Memberships

• American Law Institute: Elected Member
• College of Labor & Employment Lawyers: Fellow
• William K. Thomas Inn of Court: Master Bencher
• American Bar Association
• Section of Labor & Employment Law
• Committee on Equal Employment and Opportunity Law
• Ohio State Bar Association
• Labor and Employment Law Section

Alerts

• 4/2/2013 - Common and Predominating Damages: Comcast Opinion Extends Wal-Mart v. Dukes' Standards for Class Certification but Leaves the Question of Daubert for Another Day
• 3/26/2013 - U.S. Supreme Court Opens the Door Wider for Defendants to Remove Class Actions to Federal Court in Standard Fire Insurance v. Knowles

Education

• LL.M., Columbia University, 1978
• J.D., University of Missouri School of Law, 1972
• B.A., University of Missouri, 1969

Greg Mersol focuses on the resolution of class action and other complex employment disputes. He defends class action litigation on a wide variety of issues across the country. He is a frequent speaker and writer on issues involving class actions and the defense of class action disputes. He has been certified as an employment law specialist by the Ohio State Bar Association and has been designated a Master Bencher by the Cleveland Employment Inn of Court. In 2013, he was named by U.S. News & World Report as the "Lawyer of the Year" in Cleveland Employment Law, representing employers. Greg has been described by Chambers & Partners as a "brilliant trial lawyer" and praised for his "total unflappability" in high exposure cases.

Greg is a frequent speaker and writer on a wide range of employment topics and litigation. His recent presentations have included discussions on electronic discovery, employment class actions, employer defense strategy, and Internet use by employees. His writings include articles on class action litigation and related ethical issues, electronic discovery, and a book chapter on affirmative defenses in employment actions. In addition, Greg serves as the editor and a contributor for BakerHostetler’s Employment Class Action Blog, providing commentary on developments in employment class actions and litigation trends impacting employers.

Select Experience

• Greg has defended employers in class actions in state and federal courts on topics that include wage and hour disputes; independent contractor classification issues; race, sex, and age discrimination; public accommodations; constitutional claims; and employee benefits.
• Has consulted extensively with employers on electronic discovery and retention issues, evaluation of electronic document retention protocols, retrieval of electronic data, document holds and the use, preservation, and production of electronic data in litigation.
• Has assisted employers in termination and restructuring efforts, including preparation and coordination of separation pay plans, severance agreements, WARN Act compliance and related issues.