People: Peter J. Wozniak, Senior Counsel

Photo of Peter J. Wozniak, Senior Counsel

Peter J. Wozniak

Senior Counsel

Chicago
Direct: (312) 460-5509
Fax: (312) 460-7000
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Mr. Wozniak is a senior counsel in the Chicago office of Seyfarth Shaw LLP. A member of the Labor & Employment Department, Mr. Wozniak's practice includes defending employers throughout the United States in complex employment discrimination class actions and single plaintiff litigation, EEOC pattern or practice lawsuits, and wage & hour class and collective actions.

Mr. Wozniak is a litigator with in-depth experience performing a broad range of outcome critical functions in support of complex matters having multi­million dollar and business-essential consequences for some of the world’s largest corporations. His experience spans the entire spectrum of litigation, including pretrial investigation, settlement negotiation, fact and expert discovery, trial, and post­trial appeals.

Mr. Wozniak was recently recognized as an Illinois Super Lawyers Rising Star. Prior to beginning his legal practice, Mr. Wozniak served as a Sergeant in the United States Army Reserve.

Mr. Wozniak is a senior counsel in the Chicago office of Seyfarth Shaw LLP. A member of the Labor & Employment Department, Mr. Wozniak's practice includes defending employers throughout the United States in complex employment discrimination class actions and single plaintiff litigation, EEOC pattern or practice lawsuits, and wage & hour class and collective actions.

Mr. Wozniak is a litigator with in-depth experience performing a broad range of outcome critical functions in support of complex matters having multi­million dollar and business-essential consequences for some of the world’s largest corporations. His experience spans the entire spectrum of litigation, including pretrial investigation, settlement negotiation, fact and expert discovery, trial, and post­trial appeals.

Mr. Wozniak was recently recognized as an Illinois Super Lawyers Rising Star. Prior to beginning his legal practice, Mr. Wozniak served as a Sergeant in the United States Army Reserve.

Education

  • J.D., Indiana University School of Law, magna cum laude (2007)
    Order of the Coif
    Editor-in-Chief, Indiana Law Journal (Volume 82)
  • B.A., Binghamton University (2000)

Admissions

  • Illinois

Courts

  • U.S. Court of Appeals for the Fifth, Sixth and Seventh Circuits
  • U.S. District Court for the Eastern District of Arkansas
  • U.S. District Court for the Western District of Arkansas
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the Central and Northern Districts of Illinois
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the Southern District of Texas

Affiliations

  • American Bar Association 
  • Chicago Bar Association

Representative Engagements

  • In Re: Jimmy John’s Overtime Litigation, No. 14-CV-5509 (U.S. District Court, Northern District of Illinois) (in landmark case for franchising industry, obtained summary judgment on behalf of Jimmy John’s holding that Jimmy John’s does not jointly employ the employees of its independent franchisees, assistant state managers alleging misclassification as exempt from overtime).  
  • Brooks, et al.  v. C.H. Robinson International, Inc., et al., No. 4:16-CV-00939 (U.S. District Court, Western District of Missouri) (ongoing defense of third party logistics companies in class/collective action alleging employee misclassification under federal and state wage and hour laws, conditional certification denied July 6, 2018).
  • Gaffers v. Kelly Services, Inc., 16-CV-10128 (U.S. District Court, Eastern District of Michigan) (ongoing defense of staffing company in nationwide collective action by remote-based call center agents alleging FLSA violations relating to off-the-clock work).
  • Holmes v. Kelly Services, USA, LLC, No. 16-13165 (U.S. District Court, Eastern District of Michigan) (ongoing defense of staffing company in collective action by call center agents alleging FLSA violations relating to off-the-clock work).
  • EEOC v. Jackson National Life Insurance Co. et al., 16-CV-02472 (U.S. District Court, District of Colorado) (ongoing defense of EEOC litigation alleging race, gender, and national origin discrimination and retaliation).
  • Jock, et al. v. Sterling Jewelers Inc., No. 08-CV-2875 (U.S. District Court, Southern District of New York) (ongoing representation in class and collective action arbitration alleging gender discrimination in pay and promotions).
  • Craig, et al. v. Landry’s, Inc. et al., No. 16-CV-00277 (U.S. District Court, Southern District of Ohio) (obtained dismissal with prejudice at the motion to dismiss stage of a class and collective action against Landry’s alleging violations of state and federal wage and hour laws).
  • Landry’s Inc. and McCormick & Schmick Restaurant Corp., v. NLRB AND John J. Walsh; No.16-CV-01548; (U.S. District Court, Southern District of Texas) (novel case against the NLRB which resulted in the district court staying NLRB’s unfair labor practice proceedings in their entirety pending decision by Supreme Court on the petition for certiorari in Murphy Oil regarding the validity of class action waivers in workplace arbitration agreements).

Recent Published Opinions

  • Brooks, et al.  v. C.H. Robinson International, Inc., et al., No. 4:16-CV-00939, 2018 U.S. Dist. LEXIS 115871 (W.D. Mo. July 6, 2018) (denying conditional certification of three nationwide putative collective actions)
  • In re John's Overtime Litig., No. 14-CV-5509, 2018 U.S. Dist. LEXIS 107157, *76 (N.D. Ill. June 14, 2018) (granting partial summary judgment and finding that “Jimmy John's is not a joint employer”)
  • Holmes v. Kelly Services USA, LLC, No. 16-CV-13164, 2017 WL 3381415 (E.D. Mich. Aug. 7, 2017) (certifying only a narrow collective action of employees who worked for two supervisors, rather than the facility-wide collective action sought)
  • Landry’s, Inc. v. NLRB, No. H-16-1548, 2016 U.S. Dist. LEXIS 182645 (S.D. Tex. Oct. 25, 2016) (Lake, J.) (staying unfair labor practice proceeding brought by NLRB pending Supreme Court’s decision whether to grant petition for writ of certiorari in Murphy Oil)
  • Craig v. Landry’s, Inc. et al., No. 16-CV-277, 2016 WL 3406032 (S.D. Ohio June 21, 2016) (dismissing action with prejudice at motion to dismiss state and denying leave to amend complaint)

Presentations

  • Speaker, “FLSA Collective Action Conditional Certification and Decertification Strategies,” Strafford Webinars, Strafford Publications, Inc. (June 20, 2018)
  • Speaker, “Workplace Class Actions: Lessons From 2017 Settlements and Court Rulings, Preparing for 2018 and Beyond,” Strafford Webinars, Strafford Publications, Inc. (April 25, 2018)
  • Speaker, “Rule 23(f) Class Certification Appeals: Pursuing or Challenging Interlocutory Review of Certification Orders,” Strafford Webinars, Strafford Publications, Inc. (September 12, 2017)
  • Speaker, “FLSA Collective Action Conditional Certification and Decertification Strategies,” Strafford Webinars, Strafford Publications, Inc. (May 11, 2017)