Employment Litigation

The attorneys at Markovits, Stock & DeMarco have extensive experience in representing clients across the wide spectrum of legal issues that surface in connection with the complex relationship between employers and employees, including employment litigation and pre-case employer counseling.  We have represented both businesses and individuals in administrative agency hearings (EEOC and OCRC) and litigation regarding ERISA, FLSA, Title VII, ADA, ADEA, OSHA, and other employment-related state and federal laws.

Markovits, Stock & DeMarco is especially well-equipped to handle wage and hour cases under the Fair Labor Standards Act and Ohio’s minimum wage, overtime, and prompt pay laws. Those cases often take the form a class or collective action, playing to MSD’s strength—complex litigation.

The lawyers at MSD have achieved significant results for the firm’s wage and hour clients. Some of MSD’s recent successes include:

  • In 2015, MSD secured a 2.2 million dollars settlement (plus an additional $200,000 in costs and attorneys’ fees) on behalf of a class of restaurant workers. The workers alleged wage and hour violations including an unlawful tip pool, off-the-clock-work, and unpaid overtime and minimum wages.
  • In 2015, MSD secured a $200,000 settlement on behalf of a class of bartenders and servers at Chumleys of Columbus. The workers alleged that the company failed to properly pay overtime wages, underpaid tipped minimum wages, and operated an illegal tip pool. Final approval of this settlement is to be determined later in 2016.
  • In 2014, MSD obtained the first federal court decision recognizing that employees may bring a wage and hour class action for minimum wage violations under Article II, Section 34a of the Ohio Constitution. Prior to this decision, only less favorable “collective actions” had been used. MSD’s lawyers achieved this result in the face of opposition from not just the defendant employer, a Mexican restaurant chain, but also the Ohio Attorney General who intervened in the case to argue that Ohio law did not permit employees to bring minimum wage class actions.
  • In 2016,  MSD obtained a reversal from the Sixth Circuit in a decision that adopted, for the first time, the “reasonable diligence” standard in FLSA cases.

For more information on wage and hour topics like overtime pay, minimum wage, and retaliation, please see the Wage and Hour Information Resource.