Employment Class Action Litigation

In addition to actions brought by single plaintiffs, Winston & Strawn's labor and employment attorneys are frequently called upon to represent clients in complex class actions brought in state and federal courts. We work diligently at all stages of the litigation process through the development of the evidentiary record, as well as thorough legal research and challenges to expert testimony to defeat class certification, both before and after it has been decided by a trial judge.

One of the most active areas of our labor and employment practice is the representation of employers in wage and hour class and collective actions. We currently are defending clients in cases involving claims of:

• commission chargebacks
• “off-the-clock,” misclassification 
• unlawful deduction 
• waiting time penalties

Winston also helps employers and retirement plan fiduciaries prevail against the increase in ERISA class action litigation, as well as class and collective actions involving age, sex, race, religious, national origin, sexual orientation, and other types of discrimination and harassment.