Labor and Employment

FLSA/Wage-and-Hour Defense

Nilan Johnson Lewis has an impressive record of success in defending individual and class/collective action wage-and-hour matters. We have defended employers against wage-and-hour litigation in a variety of states, including Arizona, Florida, Maine, Michigan, Minnesota, Missouri, New Mexico, New York, and North Carolina. We have prevailed at summary judgment on class claims against the U.S. Department of Labor and have defeated FLSA Section 216(b) certification motions by private litigants.

Our representation has included particularly complex matters, such as a recent nationwide class/collective action against a Fortune 50 employer alleging misclassification claims under the FLSA and analogous state laws. The plaintiffs filed in various states before consolidating their claims into a single collective action. One of the named plaintiffs, and several putative class members, also filed separate lawsuits against the employer alleging violations of various discrimination statutes. We obtained summary judgment on some of the lawsuits, convinced the plaintiffs to abandon their effort to certify a class, and then successfully resolved the remaining individual claims.

  • Associated Professionals

612.305.7732

Jen Cornell

Jen Cornell

Shareholder

612.305.7717

Mark J. Girouard

Mark J. Girouard

Shareholder

612.305.7579

612.305.7690

612.305.7741

Veena A. Iyer

Veena A. Iyer

Shareholder

612.305.7695

David A. James

David A. James

Shareholder

612.305.7573

612.305.7727

Joel O’Malley

Joel O’Malley

Shareholder

612.305.7747

Pablo Orozco

Pablo Orozco

Associate

612.305.7729

612.305.7662

Jeremy D. Robb

Jeremy D. Robb

Associate

612.305.7716

Lisa M. Schmid

Lisa M. Schmid

Special Counsel

612.305.7549

Joseph G. Schmitt

Joseph G. Schmitt

Shareholder

612.305.7577

612.305.7738

  • Representative Matters

Nebraska Wage-and-Hour

Represented one of the world’s largest package delivery companies against a terminated driver who sued in state court under Nebraska’s Wage Payment and Collection Act for unpaid holidays and vacation. We removed the case to federal court on federal question grounds, asserting Section 301 preemption because the holiday and vacation pay claims arose from a collective bargaining agreement. Plaintiff’s motion for remand was denied on preemption grounds, and he voluntarily dismissed with prejudice.