Andrew R. Biller

Partner-in-charge, Wage & Hour

614.604.8759

F: 513.665.0219

abiller@msdlegal.com

VCard: Andrew R. Biller

Andy Biller is the partner-in-charge of MSD’s Wage and Hour practice group. Andy focuses his practice on wage and hour, employment law, and class and collective actions.

Andy has been instrumental in some of Ohio’s most important wage and hour cases. He has argued novel wage and hour issues before the Supreme Court of Ohio, the U.S. Sixth Circuit Court of Appeals, the Ohio Court of Appeals, and lower courts. As a result of his trailblazing work, he’s received precedent-setting decisions in a number of cases, including:

  • The first Sixth Circuit case to adopt a “reasonable diligence” standard for Fair Labor Standards Act cases
  • The first case to certify a class action under Ohio’s minimum wage law
  • The first case to recognize a cause of action for wage and hour record-keeping violations, and
  • The first decision of federal district court in Ohio to adopt an employee-favorable start date to the 2015 home health overtime regulations.

Andrew R. Biller

Partner-in-charge, Wage & Hour

Andy Biller is the partner-in-charge of MSD’s Wage and Hour practice group. Andy focuses his practice on wage and hour, employment law, and class and collective actions.

Andy has been instrumental in some of Ohio’s most important wage and hour cases. He has argued novel wage and hour issues before the Supreme Court of Ohio, the U.S. Sixth Circuit Court of Appeals, the Ohio Court of Appeals, and lower courts. As a result of his trailblazing work, he’s received precedent-setting decisions in a number of cases, including:

  • The first Sixth Circuit case to adopt a “reasonable diligence” standard for Fair Labor Standards Act cases
  • The first case to certify a class action under Ohio’s minimum wage law
  • The first case to recognize a cause of action for wage and hour record-keeping violations, and
  • The first decision of federal district court in Ohio to adopt an employee-favorable start date to the 2015 home health overtime regulations.

614.604.8759

F: 513.665.0219

abiller@msdlegal.com

VCard: Andrew R. Biller

DEFINING MOMENT

“More often than I should, I get a call from opposing counsel in a wage and hour case that starts like this: ‘How dare you sue my client individually; don’t you know there’s a corporation here?’
“In that moment, I know I’ve got them. Wage and hour laws are unique because they impose personal liability for unpaid wages, regardless of whether there is a corporation. When I receive a call like the one above, I know I’m dealing with someone who not only does not know this area of law but didn’t bother to research what they might be missing. They are about to get some hard lessons—paid for by their client.
“A good attorney—the kind I continuously strive to be—must examine all angles. If I’m not an expert in the field, I don’t handle the case myself; to do otherwise is a disservice to my client. But, having examined the angles, filled in any missing pieces, and developed my expertise, I can confidently and relentlessly pursue my client’s case. That’s my goal.”

MOTIVATING FACTOR

“I am fiercely loyal to my firm and my clients—and I expect the same in return. In part, this means that I strive to demonstrate the highest level of ethics and legal mastery while advancing my firm’s and my clients’ interests. Anything less reflects poorly on not just me, but my ‘pack.’ And that’s unacceptable.
“To our adversaries on the other side of a dispute, I’m driven by competition. Although I seek to outthink, outwork, and outmaneuver our opponents, the driver is not the fight itself, but the end—creating victory for my clients. I am never satisfied with what has worked in the past so I seek to improve my methods and strategies.”

CREATING VICTORY

“The law is more than its text of a statute: It is how that text is interpreted and applied.
“Most lawyers can read the text. My goal is to do more. By developing a deep understanding of an area of law, I think beyond the text to what the law could or should be. Then, I put the pieces in place to make what could or should be a legal reality. This has allowed me to forge new avenues of victory for my clients, and, in the process, receive precedent-setting decisions that work together to create a favorable body of law for my clients.”

Although I seek to outthink, outwork, and outmaneuver our opponents, the driver is not the fight itself, but the end—creating victory for my clients.”

"Although I seek to outthink, outwork, and outmaneuver our opponents, the driver is not the fight itself, but the end—creating victory for my clients.”

EDUCATION

University of Pittsburgh–BA in Political Science, minor in History
University of Pittsburgh School of Law–JD

CREDENTIALS/COURTS ADMITTED

  • Pennsylvania
  • Ohio
  • Western District of Pennsylvania
  • Northern District of Ohio
  • Southern District of Ohio
  • United States Court of Appeals for the Sixth Circuit
Andy has earned a reputation as one of the leading experts in the field. He has also been selected as an Ohio Super Lawyers “Rising Star” for 2015–2018, an award given to less than 2.5% of lawyers under the age of 40. Andy was also named a Columbus CEO magazine’s“Top Lawyers” for 2015 and 2016.

SIGNIFICANT CASES

Craig v. Bridges Bros. Trucking LLC, Case No. 2:12-cv-954. Obtained a Sixth Circuit decision reversing the trial court and recognizing, for the first time, that a reasonable diligence standard applies to employers in FLSA cases.
Haight v. The Cheap Escape Company, Case No. 2014-1241. Argued a novel wage and hour issue before the Ohio Supreme Court on behalf of outside sales workers.
Castillo v. Morales, Inc., Case No. No. 2:12-cv-650. Represented a class of restaurant servers and obtained the first federal court decision certifying a class action under Ohio’s minimum wage law.
Pandey v. Rascal Unit, Case No. 2:09-cv-550. Represented a veterinary worker and obtained the first court decision to recognize and issue an award for a recording keeping violation under the Ohio Minimum Wage Amendment.
JH v. Multi-County Juvenile Detention Facility, Case No. 2:14-cv-1608. Along with co-counsel, including the Children’s Law Center, represented a group of children and young adults who alleged they were kept in very cold solitary confinement conditions for long periods of time without adequate clothes or strapped to restraint chairs for as much as a full day.
Dillow v. Home Care Network, Inc., Case No. 1:16-cv-612. Represented a class of home health workers and obtained the first decision from a federal court in Ohio that recognized home health workers have been entitled to overtime wages since as early as January 1, 2015. Prior decisions from federal courts in Ohio held that home health workers were not entitled to overtime until much later.
0-best-law-firm-2007-badge
Attorneys at Markovits, Stock & DeMarco, LLC. have been selected for inclusion in The Best Lawyers in America.
In recognition of their achievements, attorneys at Markovits, Stock & DeMarco, LLC. have received multiple designations as “Super Lawyers” by Law & Politics magazine.
Attorneys at Markovits, Stock & DeMarco, LLC. have annually received the highest rating by Martindale-Hubbell for an attorney, AV Preeminent.