Employment Litigation

Simplifying the complex relationships between employees and employers.

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Employment Litigation covers a wide spectrum of cases and our team’s experience helps us cut to the heart of each one. A large part of our success is due from working both sides of the v; serving defendants and plaintiffs alike allows us to develop tactics for which the other side simply isn’t ready.
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.

Our Wage and Hour team is uniquely equipped to handle cases under the Fair Labor Standards Act and Ohio’s minimum wage, overtime, and prompt pay laws. Those cases often take the form of a class or collective action—which plays to the firm’s unparalleled complex litigation strength.

Our Wage and Hour team is uniquely equipped to handle cases under the Fair Labor Standards Act and Ohio’s minimum wage, overtime, and prompt pay laws. Those cases often take the form of a class or collective action—which plays to the firm’s unparalleled complex litigation strength.

SUCCESSES AT A GLANCE

  • In 2015, MSD secured a $2.2 million 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.