Labor & Employment Class Actions

Foley’s Labor & Employment attorneys develop strategies to help you avoid class actions and provide a vigorous defense against federal and state court class actions.
Class actions are a common weapon used by plaintiffs’ attorneys, and can result in significant cost — both to your bottom line and your reputation in your industry or market. Our Labor & Employment attorneys provide the counseling and litigation services that allow you to take proactive steps to address current threats and help you to mitigate future ones.

Representative Matters

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Represented and assisted international frozen food manufacturer and packager in an ongoing Office of Federal Contract Compliance Programs audit involving multiple hundreds of employees and applicants for employment.
International food manufacturer was sued by a group of named plaintiffs who purported to bring a wage and hour class action under Illinois State Law for allegedly unpaid work time associated with donning, doffing, walking and meeting time. Foley successfully defended the lawsuit, and secured summary judgment before the Illinois Circuit Court for Champaign County on all claims. Plaintiffs appealed to the Illinois Appellate Court, where Foley successfully defended the award of summary judgment below after briefing and oral argument before the IL 4th District Appellate Court (sitting in Springfield) (the Court of Appeals issued its decision in December, 2012). Plaintiffs then petitioned the IL Supreme Court for further review. Foley successfully opposed the Petition for further review, and the Supreme Court denied the Petition in March, 2013.
Represented international food manufacturer in a purported class and collective wage and hour action. Plaintiffs allege that defendant has violated state (Illinois) and federal wage and hour law as it relates to compensation for time spent "donning" and "doffing" work-related clothing and personal protective equiptment at the beginning and end of the work day. In addition, plaintiffs allege that defendant has failed to pay for all "work time" experienced by the plaintiffs during their 30-minute unpaid meal breaks. Successfully resolved claim with a fairly early settlement on terms that were very favorable to the Defendants.

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