Andy Biller’s law practice focuses on complex litigation, employment law, and, most specifically, wage and hour law. Most of Andy’s clients are employees who are seeking to recover unpaid minimum wages, overtime wages, or have been the victims of wage theft or illegal retaliation. Andy has particular expertise when it comes to wage and hour lawsuits involving the restaurant industry. Andy has recovered millions of dollars in funds for restaurant workers like waiters, waitresses, servers, bartenders, and bussers.
In a technical and complex practice area that even many employment lawyers shy away from, Andy has been at the forefront of some of Ohio’s most important wage and hour cases. As a result, Andy has earned a reputation among colleagues as one of the go-to Ohio lawyers for Fair Labor Standards Act and Ohio wage and hour law cases. He frequently receives referrals from other lawyers for unpaid wage individual and class actions. In part because of this recognition, Andy was selected as an Ohio Super Lawyers “Rising Star,” for 2015, 2016, and 2017, an award given to less than 2.5% of lawyers under the age of 40. He was also selected to Columbus CEO magazine’s list of “Top Lawyers” for 2015 and 2016.
Although most of Andy’s clients are employees, he also enjoys counseling businesses on how to avoid wage and hour disputes in the first place. According to Andy, “When an employer contacts me to audit their wage and hour practices, it is a win-win. It is a win for the employer because I can make sure they are FLSA and Ohio-law compliant. This potentially saves the employer an enormous amount of money by avoiding or mitigating lawsuits. It is also a win for the employee because they get paid according to the law.”
Andy works from his Columbus, Ohio office, though he handles cases throughout Ohio. Prior to joining MSD as Of Counsel, Andy operated a successful solo practice that focused almost exclusively on wage and hour litigation. Andy is the primary driver of Wage and Hour Information Resource, a website that provides information to employers and employees about wage and hour issues. You can follow Andy on Facebook for updates on his cases and legal news.
University of Pittsburgh School of Law, J.D. (2005)
University of Pittsburgh, B.A. (2002)
Recent Notable and Representative Cases:
- Obtained a reversal from the United States Court of Appeals for the Sixth Circuit regarding whether a trucking company employer “knew or should have known” that its bookkeeper was working overtime hours. In its decision, the Sixth Circuit adopted, for the first time, the “reasonable” diligence standard for Fair Labor Standards Act cases. You can read more about this important decision here. (Craig v. Bridges Bros. Trucking LLC, United States District Court, Southern District of Ohio, Eastern Division.)
- Secured a $2.2 million (plus another $200,000 in fees) settlement on behalf of a class of restaurant workers who claimed tip pool violations, unpaid off-the-clock work, unpaid overtime wages, and recordkeeping violations.
- Argued before the Supreme Court of Ohio on behalf of outside sales workers that “FLSA-exempt” workers are “employees” under Ohio’s Minimum Wage Constitutional Amendment. You can read more about the case and the Ohio Supreme Court’s decision in a two part blog post here (Part 1 and Part 2). (Haight v. The Cheap Escape Company, Court of Common Pleas, Montgomery County, Ohio.)
- Worked with the Children’s Law Center and Marshall and Morrow to represent a group of children that alleged they were kept in very cold solitary confinement conditions for long periods of time or strapped in a restraint chair for as much as a full day. You can read about the case here and here. (JH v. Multi-County Juvenile Detention Facility, United States District Court, Southern District of Ohio, Eastern Division.)
- Obtained the first federal court decision certifying a class action for Ohio minimum wage claims. To achieve this result, Andy had defeated the arguments of not only the defendants, but also the Ohio Attorney General, who intervened to argue that a class action was not possible under the Ohio Minimum Wage Amendment. Castillo v. Morales, Inc. United States District Court, Southern District of Ohio, Eastern Division.
- Through a combination of settlements and judgments, obtained an average of $18,600 each to a group of computer trainers who were seeking unpaid overtime wages.
- Obtained the first court decision recognizing and issuing an award for a recordkeeping violation claim under the Ohio Minimum Wage Amendment. (Pandey v. Rascal Unit, United States District Court, Southern District of Ohio, Eastern Division.)
- Along with co-counsel, represented a class of mortgage brokers that alleged unpaid overtime wages. The case was later cited in the Department of Labor’s opinion letter AI 2010-1. (Yanni v. Red Brick Mortgage, United States District Court, Southern District of Ohio, Eastern Division.)
- Along with co-counsel, representing four medical services employees alleging sexual harassment, gender discrimination, pregnancy discrimination, retaliation, assault, and battery. (Royster v. Gillen, Court of Common Pleas, Pickaway County, Ohio.)
- Worked with the Knoll Law Firm to obtain a six figure settlement on behalf of a dentist who alleged race, national origin, and religious discrimination.
- Ohio State Bar Association
- Columbus Bar Association
- National Employment Lawyers Association
- Ohio Employment Lawyers Association
- American Association for Justice
- Ohio Association for Justice
- Central Ohio Association for Justice
- State of Pennsylvania (2005)
- State of Ohio (2006)
- United States District Court, Southern District of Ohio
- United States District Court, Northern District of Ohio
- United States District Court, Western District of Pennsylvania
- United States Court of Appeals for the Sixth Circuit Court