EstebanShardonofsky

Representative Class and Collective-Action Wage & Hour Matters

• Successful defense of numerous on-site and multistate investigations by the Wage-Hour Division of the US Department of Labor and corresponding state employment agencies, including investigations related to misclassification of exempt employees, miscalculation of the regular rate, and failure to pay overtime.
• Successful defense of numerous multistate audits by government tax agencies relating to alleged misclassification of independent contractors.
• Lead partner on successful defense and resolution of “mass arbitration” portfolio for national credit repair/counseling company, resulting in dismissal of most of the claims and a very favorable settlement of the remaining arbitrations by using a novel offer of judgment strategy that is not typically permitted or employed in private arbitration. The putative collective in this case could have included approximately 2,500 to 4,000 employees. We successfully compelled arbitration, winning on various issues regarding electronic signatures and the enforceability of various provisions in the arbitration agreements.
• Successful motion to dismiss (with prejudice) of putative class action challenging defense contractor’s COVID-19 vaccination policy, including claims of religious and disability discrimination, hostile work environment, and retaliation under Title VII, 42 U.S.C. § 2000e. Currently on appeal to the Ninth Circuit.
• Defended retail banks in national and multistate wage-hour lawsuits; defeated nationwide and multistate conditional certification.
• Defended national restaurant chain in multistate wage-hour lawsuit involving alleged misclassification of sous chefs; defeated nationwide conditional certification.
• Defeated FLSA conditional certification of multiple proposed nationwide and multistate classes of personal bankers, bank tellers, and financial specialists alleging off-the-clock work, and obtained summary judgment on lack of “willfulness” under the FLSA; cases settled favorably with payment to individual named plaintiffs only.
• Defended hospital system in FLSA collective action alleging misclassification of independent contractor delivery couriers.
• Defended oil and gas services company in Rule 23 class action involving common law claims for unpaid wages, fraud, and beach of contracts; cases settled on favorable terms prior to Rule 23 certification.
• Defended national grocery retailer in FLSA case involving misclassification of assistant store managers.
• Defended multistate health care staffing agency against claims involving misclassification of nursing and administrative professional.
• Obtained partial summary judgment victory on FLSA claims against national waste management company resulting in shrinking collective action from approximately 500 to 20 employees; subsequently amicably resolved remaining claims following bench trial.
• Defended national restaurant chain in multistate FLSA collective action concerning alleged failure to pay minimum wage by requiring plaintiffs to participate in an invalid tip pool.
• Defeated FLSA conditional certification in case alleging misclassification of computer analysts working for national oil field services company.
• Defended engineering/construction company in FLSA case involving alleged misclassification of entry-level civil engineers.
• Defended national credit repair/counseling company in nationwide putative collective by call center employees alleging off-the-clock work. Successfully compelled and subsequently litigated approximately 100 individual arbitrations.
• Defeated FLSA conditional certification of case brought against engineering/construction company by hourly employees for uncompensated walking time from parking lot to work station.
• Successfully opposed conditional certification in nationwide off-the-clock FLSA case brought on behalf of tax professionals. Subsequently obtained order to decertifying Miami-Dade County collective action.
• Successful pre-answer motion to dismiss FLSA nationwide collective action brought on behalf of tax professionals based on novel improper claims splitting arguments.
• Defense of putative Rule 23 class action for WARN Act violations against hospital; achieved favorable settlement on an individual basis (not on a class basis) for pennies on the dollar.
• Successfully compelled individual arbitration in numerous putative class and collective wage-hour lawsuits, winning often on various novel evidentiary and substantive issue regarding electronic signatures, unsigned agreements, enforcement of agreements by non-signatory defendants, and the enforceability of various provisions in the arbitration agreements.

Other Representative L&E Litigation and Counseling Matters

• Managed and worked on numerous multistate counseling and compliance projects, including employee handbook updates, severance/separation agreements, arbitration agreements, and non-compete/non-solicitation agreements.
• Conducted countless sensitive internal investigations involving issues ranging from sexual harassment and retaliation to employee mismanagement, theft/misappropriation and bullying; work also included providing advice regarding public and internal messaging, and advising on post-investigation next steps such as discipline, trainings, and policy changes.
• Successful defense of hundreds of administrative charges at the EEOC, TWC, and other state equal employment agencies, including defense of numerous on-site investigations and, when necessary, negotiation of consent decrees with the EEOC.
• Represent numerous energy and oil field services companies with respect to layoff/RIF decisions involving tens of thousands of workers, including review of layoffs decisions, preparation of documentation for each decision, and review for potential disparate impact discrimination.
• Obtained jury verdict for defense on behalf of national retail bank on race discrimination, gender discrimination, and retaliation claims, after taking over from other firm following unsuccessful motion for summary judgment.
• Successful defense and resolution of numerous SOX whistleblower matters, including pre-suit disputes at the DOL and in litigation.
• Won complete summary judgment on behalf of national bank on claims of disability discrimination and retaliation, and FMLA retaliation and interference. Currently on appeal at Third Circuit.
• Won complete summary judgment on behalf of national grocery store chain on claims of disability discrimination and retaliation, and FMLA retaliation.
• Obtained summary judgment for national medical device company on national origin discrimination claims.
• Obtained dismissal of sex discrimination and retaliation claims against multinational oil and gas corporation and oilfield services contractor; court also found plaintiff could not establish joint-employer relationship.
• Obtained summary judgment against FLSA retaliation claim at district court; victory affirmed on appeal at the Fifth Circuit.
• Obtained full dismissal of religious and genetic information discrimination claims on summary judgment; affirmed on appeal at the Fifth Circuit; obtained denial of certiorari at US Supreme Court.
• Successful defense of OSHA investigations and related workplace safety retaliation claims against numerous clients, resulting in dismissal of complaints and no OSHA citations.
• Secured a full, voluntary walk-away in a two-plaintiff age discrimination case on behalf of national bank; three days before their response to the summary judgment motion was due, plaintiffs asked to voluntarily dismiss the complaint with prejudice.
• Defended luxury goods retailer in several discrimination and hostile work environment cases, resulting in settlements favorable for to the client; successfully moved to dismiss “pattern and practice” claims early in the litigation.
• Defended grocery client in several discrimination and retaliation cases, resulting in settlements favorable for to the client.
• Successfully argued and obtained numerous permanent restraining orders against former employees and customers of national retail client to stop and prevent threats of harm and violence.
• Obtained summary judgment dismissal of religious and genetic information discrimination claims against e-commerce company.
• Obtained summary judgment dismissal of race discrimination and constructive discharge against national paper goods company.
• Won complete summary judgment on behalf manufacturing company on claims of age and disability discrimination and FMLA retaliation.
• Won complete summary judgment on behalf of on security company on claims of defamation and breach of contract claims for unpaid bonus and vacation time.
• Won complete victory on early motion to dismiss claims of race discrimination and retaliation; victory affirmed on appeal at the Fifth Circuit.
• Won complete summary judgment for aerospace company on race discrimination, harassment, and retaliation claims.
• Won complete summary judgment for air conditioning manufacturer on age and disability discrimination claims.
• Won complete summary judgment on behalf of aerospace company on gender discrimination and sexual harassment claims; victory affirmed on appeal at the Fifth Circuit.
• Won complete summary judgment on behalf of waste management company on religious discrimination, harassment, and retaliation claims.
• Won complete summary judgment on behalf of engineering/construction company on race and national origin discrimination claims.
• Successfully litigated, arbitrated, mediated, and resolved hundreds of other employment matters involving numerous other types of claims and disputes, including all types of discrimination, harassment, and retaliation/whistleblower claims, failure to accommodate, employment-related negligence and tort claims, contract and quasi-contract claims, workers’ compensation retaliation, and constructive discharge claims.