What's the "Write" Way? Wage and Hour Class Actions and Drafting a Class Arbitration Waiver

(588 Ratings)

Produced on: March 27, 2014

Course Format On Demand Audio

Taught by


Course Description

Time 76 minutes
Difficulty Intermediate

This course, presented by Baker Hostetler partners Amy Traub and John Lewis, explores the recent trends and emerging issues in class and collective actions in the wage and hour arena, including the hot button issues of which employers should be aware on the horizon. They discuss the Federal Arbitration Act and its elemental principles, as well as key Supreme Court and federal appellate precedent regarding class arbitration, enforcing arbitration agreements and class action waivers, establishing the scope of and assent to arbitration agreements, unconscionability, confidentiality issues, waiving the right to arbitrate and arbitration costs and fees.


Learning Objectives:


I.   Explain emerging issues in the wage and hour arena that can lead to class, collective and representative actions against employers

II.  Recognize the basic legal underpinnings of arbitration agreements and class action waivers

III. Understand key federal and state law considerations in drafting effective and enforceable arbitration agreements



John Lewis


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.



  • 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.



  • 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)



  • 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



  • 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



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

Amy Traub


Amy Traub is an experienced employment litigator and advisor, focusing her practice on the management side of employment law matters for clients in all industries, with a particular focus on the healthcare and retail industries. She informs her clients of the risks involved in a particular situation, and, ever mindful of business practicalities, Amy ensures that the resolutions she proposes accommodate the inner workings of her clients' businesses.


Amy is ranked in Chambers USA: America’s Leading Lawyers for Business as a leader in the field of Labor and Employment and is recognized as a New York Metro area "Super Lawyer."




Advice and Counsel

  • Provides ongoing advice and counsel to companies of all sizes. Advises human resources and legal departments on all aspects of the employer-employee relationship, including discrimination, harassment, retaliation, leaves of absence, religious and disability accommodation, and compliance with employment laws. Recent experience includes advising, among other clients, a leading specialty hospital in New York, a national staffing company, and a home infusion company in such capacity.
  • Counsels clients related to federal and state wage and hour concerns, including misclassification of employees, meal and rest periods, off-the-clock work, interns, rounding practices, tip pools, and other wage laws. Current experience includes advising, among other clients, a national freights and logistics company and a national hotel management company on such concerns.
  • Works with human resources, legal, and compliance departments to ensure compliance with employment policies and procedures. Prepares and modifies employee handbooks and policies and drafts and negotiates employment, separation, and restrictive covenant agreements. Trains managers, employees, Human Resources professionals, and legal departments on employment laws and requirements.



  • Serves as designated outside counsel for a number of clients, including, among others, a recruiting staff agency and a hospital system, with respect to federal, state, and city agency complaints and federal and state lawsuits involving all matter of employment disputes.
  • Represented hospital employer in federal lawsuit brought by former employee concerning the classification of the employee’s position. Obtained summary judgment.
  • Represents healthcare company in ongoing federal disability discrimination litigation also involving the Family and Medical Leave Act.
  • Represented staffing company against charges brought by Equal Employment Opportunity Commission regarding concerns of discrimination. Effectively negotiated favorable settlement.
  • Represents several employers and C-suite executives in negotiations concerning their employment and/or separation packages, and prepares written agreements.



  • Chambers USA: Labor and Employment in New York (2012 to present)
  • New York Metro "Super Lawyer" (2013 to present)



  • American Bar Association
  • New York State Bar Association
  • New York City Bar Association
  • Women's Bar Association


Pro Bono

  • Representing nonprofit organization targeted by the State Department of Labor for improperly labeling workers as independent contractors. Working to resolve the issue in a way that will allow continuity of operations as effectively as possible.



  • J.D., University of Richmond School of Law, 2000; Manuscripts Editor, University of Richmond Law Review; Winner, McNeill Law Society Writing Competition; Regional Semfinalist, Jessup International Moot Court Competition
  • B.A., State University of New York at Albany, 1996


Diana K.

Both presenters were knowledgeable and kept my attention.

Albert D.

Another excellent program.

William A.

Well done presentation.

Lisa G.


Bill H.

very knowledgable

Eric L.

Very effective program and speakers.

Belinda S.


Jennifer M.

Fantastic program! Lots of great information.

Erik G.

Very applicable to an area of law that my firm is moving into.

Tatiana C.

Surprisingly interested

Thomas L.

Very good program, covering multiple important areas in employment law.

Stefanie K.

This one was really good!

Jeffrey B.

Really excellent information for the bar, on both sides. Too bad that Plaintiffs won't be able to bring these (consumer, employment, etc.) cases at all fairly soon (and Defense counsel won't be needed).

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$ 89 Alternative Dispute Resolution, Business, Corporate, & Securities Law, Labor & Employment Law, and Class Actions In Stock


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