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 - Office head, California location

612.305.7717

Mark J. Girouard

Mark J. Girouard

Shareholder

612.305.7579

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 - California & Minnesota locations

612.305.7747

Pablo Orozco

Pablo Orozco

Associate - California & Minnesota locations

612.305.7729

612.305.7662

Jeremy D. Robb

Jeremy D. Robb

Associate

612.305.7716

Joseph G. Schmitt

Joseph G. Schmitt

Shareholder

612.305.7577

Barrett L. Schreiner

Barrett L. Schreiner

Of Counsel - California location

612.305.7738

  • Representative Matters

Jibowu, et al. v. Target Corporation

Defended Target against a nationwide FLSA misclassification Assistant Store Manager case. Convinced the Court to stay the case during the pendency of another matter; this suit is still in litigation.

Stoute, et al v. Cerner Corporation, et al.

Defended Cerner against a California state-wide off the clock class action. Plaintiff dismissed class claims; negotiated a resolution on Plaintiff’s individual claim.

Lopez, et al. v. Zenefits

Defended Zenefits against a nationwide FLSA misclassification case. Prevailed on a motion to dismiss and compel arbitration; Plaintiff then negotiated individual resolutions for himself and a few opt-ins.

Truesdell, et al v. Link Snacks, Inc.

Defended Link Snacks, Inc. against a nationwide FLSA misclassification case. This matter is still in litigation.

Locicero, et al. v. Target Corporation

Defended Target against a nationwide FLSA misclassification Assistant Store Manager case. The Plaintiffs accepted individual initial offers of judgment and dismissed their nationwide FLSA collective action claims.

Burnip v. HMS Host

Defended HMS Host against a statewide FLSA and Minnesota FLSA class and collective action. Negotiated a confidential resolution.

LaPointe, et al v. Target Corporation

Defended Target against a statewide New York Labor Law misclassification case. Prevailed on a partial motion to dismiss, after which the Plaintiff agreed to accept a confidential individual settlement and dismiss the class claims.

Scott, et al v. Cerner Corporation

Defended Cerner against a statewide Missouri Wage Law misclassification case.  This matter is still in litigation.

Jones, et al. v. Best Buy Stores, L.P.

Defended Best Buy against nationwide class action alleging failure to compensate hourly store employees and Assets Protection personnel for time spent in security checks. Prevailed on motion to dismiss stores’ employees portion of the class and resolved remaining claims.

Crawford v. Cerner Corporation

Defended Cerner against a statewide Missouri wage law misclassification case. Prevailed on a motion to dismiss and compel arbitration for those members of the class who signed arbitration agreements, and negotiated a confidential resolution with the other class members.

Speer, et al. v. Cerner Corporation

Defended Cerner Corporation against a nationwide FLSA claim arising out of payments under the fluctuating work week. This matter is still in litigation.

Long, et al. v. CPI Security

Defended CPI Security against regional (North Carolina, South Carolina and Georgia) FLSA class action alleging that the company inappropriately classified sales personnel under the 7(i) exemption. Negotiated a confidential resolution.

Taylor, et al. v. Cerner Corporation

Defended Cerner against a statewide Missouri wage law misclassification case. Reached a confidential resolution.

Swisher, et al. v. MetLife Home Loans, et al.

Defended MetLife against putative nationwide class action alleging misclassification of loan officers as exempt under the FLSA. Settled as part of a national resolution.

Gifford et al v. Target Corporation

Defended Target against a putative nationwide class alleging misclassification of store executives under the FLSA. Successfully moved to disqualify plaintiffs’ counsel; reached confidential settlement of individual claims before initial 216(b) motion.

Stroud et al v. Target Corporation

Defended Target against a putative nationwide class action alleging misclassification of warehouse executives under the FLSA. Successfully opposed initial 216(b) motion; reached confidential settlement of individual claims.

S. Department of Labor v. Watab Hauling (USDC for the District of Minnesota)

Successfully defended Watab Hauling against a class claim by the United States Department of Labor alleging failure to pay overtime to 70 employees under the Fair Labor Standards Act. Obtained summary judgment for Watab on the overtime claims on the grounds that the employees fell under the motor carrier exemption to the FLSA, and settled the remaining claims for less than $5,000.

Delsing et al v. Starbucks

Defended Starbucks against a statewide class action alleging violations of the Minnesota Fair Labor Standards Act and Minnesota regulations regarding distribution of tips. Defeated class certification; reached confidential settlement of two individual claims.

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.