People: Noah A. Finkel, Partner

Photo of Noah A. Finkel, Partner

Noah A. Finkel

Partner

Chicago
Direct: (312) 460-5913
Fax: (312) 460-7913
0

Noah Finkel is a partner in the Labor & Employment Department and is a Co-Chair of the Wage & Hour Litigation Practice Group in Seyfarth Shaw LLP’s Chicago office.  His principal area of concentration lies in wage-and-hour matters, in which he has represented companies more than 100 actual or putative collective and/or class action matters under the Fair Labor Standards Act and/or state wage-and-hour laws.  He also regularly advises companies on compliance with the Fair Labor Standards Act and state wage-and-hour laws, including the performance of exempt status reviews and pay practice audits.

Mr. Finkel is one of three editors-in-chief of the treatise Wage & Hour Collective and Class Litigation, a more than 1000-page book devoted to the litigation of wage & hour matters.  The treatise literally is “the book” on wage & hour litigation.  Mr. Finkel participated in drafting of public comments to the United States Department of Labor on its proposed regulatory changes to the FLSA’s white-collar exemptions on behalf of the Society for Human Resources Management and the Public Sector FLSA Coalition.

Prior to joining Seyfarth Shaw, Mr. Finkel was law clerk to the United States District Judge Nancy G. Edmunds for the Eastern District of Michigan.

Noah Finkel is a partner in the Labor & Employment Department and is a Co-Chair of the Wage & Hour Litigation Practice Group in Seyfarth Shaw LLP’s Chicago office.  His principal area of concentration lies in wage-and-hour matters, in which he has represented companies more than 100 actual or putative collective and/or class action matters under the Fair Labor Standards Act and/or state wage-and-hour laws.  He also regularly advises companies on compliance with the Fair Labor Standards Act and state wage-and-hour laws, including the performance of exempt status reviews and pay practice audits.

Mr. Finkel is one of three editors-in-chief of the treatise Wage & Hour Collective and Class Litigation, a more than 1000-page book devoted to the litigation of wage & hour matters.  The treatise literally is “the book” on wage & hour litigation.  Mr. Finkel participated in drafting of public comments to the United States Department of Labor on its proposed regulatory changes to the FLSA’s white-collar exemptions on behalf of the Society for Human Resources Management and the Public Sector FLSA Coalition.

Prior to joining Seyfarth Shaw, Mr. Finkel was law clerk to the United States District Judge Nancy G. Edmunds for the Eastern District of Michigan.

Education

  • J.D., University of Michigan Law School (1994)
    Associate Editor, University of Michigan Journal of Law Reform (1992-1993)
  • B.A., University of Michigan, with distinction (1991)
    Editor-in-Chief, The Michigan Daily (1990)

Admissions

  • Illinois

Courts

  • United States Supreme Court
  • U.S. Courts of Appeals for the Third, Sixth, Seventh, Tenth and Eleventh Circuits
  • U.S. District Court of the District of Colorado
  • U.S. District Court of the Central, Northern and Southern Districts of Illinois
  • U.S. District Court of the Northern and Southern Districts of Indiana
  • U.S. District Court of the Eastern and Western Districts of Michigan
  • U.S. District Court of the Eastern and Western Districts of Wisconsin

Affiliations

  • College of Labor and Employment Lawyers (Fellow)

Representative Engagements

Representative Wage-and-Hour Cases

  • Abbott Laboratories, Inc. adv. Boltinghouse et al., 15-cv-6223 (N.D. Ill.) (defending company  in putative collective brought by Field Service Specialists claiming to be 
  • Abbott Laboratories, Inc. adv. Boltinghouse et al., 15-cv-6223 (N.D. Ill.) (defending company  in putative collective brought by Field Service Specialists claiming to be misclassified as exempt)
  • ABN Amro, Inc. adv. Adams, et al., 05 CV 61865 (S.D. Fla.) (amicably resolved FLSA collective action in which non-exempt employees allege that the bank failed to include all required elements in the regular rate
  • ABN Amro, Inc. adv. Mosack, et al., 04 CV 61333 (S.D. Fla.) (amicably resolved collective action claims by mortgage consultants claiming that they were misclassified as exempt)
  • ACG Texas, L.P., et al. adv. Dalton, et al. (W.D. Tex.) (amicably resolved putative collective action alleging improper use of tip credit as to servers at IHOP restaurants)
  • Addison Fire Protection Dist. No. 1 adv. Mathias, et al., 43 F. Supp. 2d 916 (N.D. Ill.)  (through use of Section 7(g)(2), obtained summary judgment against overtime claims by firefighters on claim that regular rate was miscalculated)
  • AJM Packaging Corp. adv. Sedryna, et al., 003616/20133 (New York state court) (defending use of overtime calculation pursuant to a fixed salary for fluctuating hours plan)
  • Aldi, Inc. adv. Honey, et al., 1:12-cv-8815 (N.D. Ill.) (defended company on collective and class action claims that cashiers worked off-the-clock)
  • Aldi, Inc. adv. McNelley, et al., 1:09-cv-01868-PAG (N.D. Ohio.) (amicably resolved nationwide collective action claiming that Store Managers are misclassified as exempt under the executive exemption)
  • Aldi, Inc. adv. Santiago, et al., 8:13-cv-01186-AEP (M.D. Fla.) (amicably resolved collective action claiming that Store Managers are misclassified as exempt under the executive exemption)
  • Albuquerque, City of, adv. UTU Local 1745, et al., 178 F.3d 1109 (10th Cir. 1999) (obtained ruling in which Court of Appeals held that time spent by bus drivers on employer-provided buses to locations where they began bus routes -- and time spent between driving routes -- was not compensable as "hours worked" under the FLSA for purposes of overtime compensation)
  • Alion Science and Technology Corp. adv. Lewis, et al., 2:09-cv-0329-LJM-WGH (S.D. Ind.) (amicably resolved collective and class action claim claiming failure to pay for donning and doffing and for other activities in preparation for shift)
  • Allied Waste Industries, Inc. and Browning Ferris Industries of Ohio, Inc., d/b/a Allied Waste Services of Cleveland adv. McGhee, et al., 07 CV 1110 (N.D. Ohio) (amicably resolved FLSA collective action and state law class action alleging failure to compensate for interrupted meal breaks, donning and doffing before and after shifts, and other alleged off-the-clock work)
  • Allied Waste Services of North America, LLC adv. Marlon Tellez, et al., 08 C 20300 (S.D. Fla.) (amicably resolved collective action alleging failure to pay overtime compensation for all hours worked because the Company allegedly deducted 30 minutes from his time each day for a meal period, even if one was not taken)
  • Allied Waste Transportation, Inc. adv. Darneal, et al., 39-2010-00243201 (Calif. Superior Court, San Joaquin County) (defended company in putative class action claiming fail to pay for time worked during meal periods and for meal period penalties)
  • Alta Colleges, Inc. adv. Burke, et al. 1:11-CV-029990-WYD-KLM (D. Colo.) (on strength of outside sales exemption, obtained completed defense verdict on trial for educational institution against collective action claim that field admissions representatives were misclassified as exempt; obtained transfer of venue of related case)
  • American Medical Response of Illinois, Inc. adv. Abrams, et al. 96 CV 2089 (N.D. Ill.) (amicably resolved FLSA collective action claiming sham overtime rate of pay)
  • American Steelworks, Inc., et al. adv. Ojeda, et al., 1:13-cv-05444 (N.D. Ill.) (amicably resolved claim that various employees were misclassified as independent contractors)
  • APCOA/Standard Parking, Inc. adv. Garcia et al,. 03 CV 20039 (S.D. Fla.) (amicably resolved FLSA collective action concerning allegations of unpaid overtime hours)
  • APCOA/Standard Parking, Inc. adv. Lilton, et al., 01 CV 7543 (N.D. Ill.) (amicably resolved FLSA collective action brought by parking attendants concerning the regular rate of overtime calculation on strength of mooting plaintiff’s claim)
  • Applebee’s, Inc. adv. Fast, et al., 2:06-cv-04146-NKL (W.D. Mo.) (amicably resolved claim by more than 5,000 plaintiffs involving a claim under the tip credit provisions of the minimum wage)
  • Applebee’s Services, Inc. adv. Cook, et al., 3:13-cv-01289-MJR-SCW (S.D. Ill.) (defending collective action alleging improper use of tip credit and class action alleging failure to pay earned vacation upon separation of employment)
  • Applebee’s Services, Inc., et al. adv. Dempsey, 1:13-cv-00677-M-PAS (D. R.I.) (amicably resolved putative collective and class action alleging improper use of tip credit)
  • Aragon Entertainment Center, Inc. and F&F Concessions, Inc. adv. Moreno, et al. 06 CV 3350 (N.D. Ill.) (amicably resolved collective action relating to calculation of overtime pay)
  • Architectural Artifacts, Inc. adv. Simmons, et al., 1:14-cv-09054 (N.D. Ill.) (amicably resolved putative collective and class action claim alleging failure to pay overtime)
  • Asia on Illinois, LLC d/b/a Sunda New Asian adv. Snoep, 1:12-cv-02387 (N.D. Ill) (amicably resolved class action alleging violation of tip credit rules)
  • Automatic Data Processing Inc. adv. Falco and Whitehead, et al. 07 C 1336 (N.D. Ill.)  (amicably resolved collective and state law class action claims that employees were misclassified as exempt)
  • Bank of America, N.A. et al. adv. Cramer, et al., 12-cv-8681 (N.D. Ill.) (amicably resolved collective and class action claiming that sales managers, and mortgage loan associates are misclassified as exempt)
  • Bank of America, N.A., et al. adv. Kelly, et al., 1:10-CV-05332 (N.D. Ill.) (amicably resolved collective and class action claiming that mortgage loan officers are misclassified as exempt)
  • Bank of America, N.A. adv. Spencer, 1:15-cv-1877 (N.D. Ga.) (defending bank on putative collective action brought by mortgage loan specialists claiming to be misclassified as exempt)
  • Baxter Healthcare Corp. adv. Wheeler, et al., 4:11-cv-00263 (W.D. Ark.) (defeated conditional collective action certification and then obtained summary judgment in company’s favor in donning and doffing claim)
  • Brouwer Brothers Steamatic, Inc. adv. Johnson, et al. 06 CV 5569 (N.D. Ill.) (amicably resolved allegations of off-the-clock work)
  • Caesars Entertainment, Inc., et al.  adv. Joseph, 10-cv-6293 (D.N.J.) (amicably resolved collective and class action claiming that Table Games Supervisors are misclassified as exempt)
  • Capital Grille Holdings, Inc., et al. adv. Jones et al., 12-cv-660 (N.D. Ill.) (defended company against minimum wage, overtime, and discrimination class and collective action claims brought by restaurant employees)
  • Carle Foundation Hospital adv. Walden, 2:14-cv-02095-HAB-JEH (C.D. Ill.) (defending hospital on collective and class action claim that sleep technicians worked through meal periods without compensation)
  • Chicago Meat Authority, Inc. adv. Reddix, et al., 2013 CH 21046 (Cook County Cir. Ct., Ill.) (amicably resolved putative collective and class action complaint alleging failure to pay for donning and doffing)
  • Chicago Messenger Service, Inc. adv. Gaytan et al., 1:13-cv-823 (N.D. Ill.) (amicably resolved collective and class action claim of misclassification of independent contractors)
  • Chicago Tribune Co. adv. Rusin, 1:12-cv-01135 (N.D. Ill.) (amicably resolved collective and class action claim that non-exempt reporters performed off-the-clock work)
  • Chubb Insurance Company adv. Blue, et al. 03 CV 6692 (N.D. Ill.) (obtained summary judgment ruling that insurance adjusters perform exempt duties as a matter of law)
  • City-Beverage, LLC adv. Allen, et al., 08 CV 0861 (N.D. Ill.) (amicably resolved purported class action alleging failure to pay overtime wages for off-the-clock work on the strength of outside sales and Section 7(i) exemptions)
  • Clarence Davids & Co. et al. adv. Vergara, et al. 1:12-cv-07245 (N.D. Ill.) (amicably resolved collective and class action claim alleging off-the-clock work)
  • Continental Casualty Corp. (CNA) adv. Himmelman, et al., 06 CV 166 (D.N.J.) (amicably resolved claim that certain insurance company adjusters are misclassified as exempt after obtaining dismissal of state law claims and filing summary judgment motion on lead plaintiff’s claim)
  • Countrywide Financial, et al. adv. McManus, et al., 09-cv-1705 (N.D. Ill.) (amicably resolved putative class and collective action by underwriters challenging their exempt status)
  • CPI Corporation, et al. adv. Larkin, et al., 3:10-cv-00411 (W.D. Wis.) (amicably resolved collective and class action alleging off-the-clock work)
  • DT & C Global Management LLC, et al. adv. Krantz, et al., 1:14-cv-00998 (N.D. Ill.) (defending company against collective and class action claim alleging that limousine drivers were misclassified as exempt under the Motor Carrier Act exemption)
  • DT & C Global Management LLC, et al. adv. Perez, 1:15-cv-02010 (N.D. Ill.) (defending company against action brought by Secretary of Labor alleging that limousine drivers were misclassified as exempt under the Motor Carrier Act exemption
  • Daily Press adv. Morton, et al. 02 CV 148 (E.D. Va.) (amicably resolved FLSA collective action in which plaintiffs challenged whether they were properly classified as exempt employees on strength of threatened summary judgment motion)
  • Davern’s Tavern & Lounge, et al. adv. Faltin, et al., 1:13-cv-07569 (N.D. Ill.) (amicably resolved collective and class action by bartenders alleging improper use of tip credit and off-the-clock work)
  • DeVry University adv. Nielsen, et al., 302 F. Supp. 2d 747 (W.D. Mich. 2004) (obtained summary judgment on behalf of university that 175 of its field representatives are exempt under the outside sales exemption; the decision is now cited favorably by several courts finding pharmaceutical representatives to be exempt under the outside sales exemption)
  • DeVry Inc, et al., adv. Dyer, et al. 09-61549 (S.D. Fla.) (amicably resolved off-the-clock claim brought by admissions advisor)
  • DeVry Inc. et al., adv. Gillespie, et al., 09 cv 6041 (N.D. Ill.) (amicably resolved collective and class action alleging that admissions advisors worked off the clock pre- and post-shift and were not paid properly under the fluctuating workweek method of payment)
  • DeVry Inc. et al., adv. Mayes, et al., 10-10085 (D. N.J.) (amicably resolved collective action claim that educational advisors/high school presenters are misclassified as exempt)
  • Dover Artificial Lift, LLC, et al., adv. Jones, et al., 4:15-cv-00608 (S.D. Tex.) (defending putative collective action claim brought by oil field workers claiming to be misclassified as exempt under the Motor Carrier Act exemption)
  • Earl Scheib, Inc. adv. Taylor, et al. 06 CV 5004 (N.D. Ill.) (amicably resolved collective action claim that certain employees are misclassified as exempt)
  • Eldorado Trading Group, LLC adv. Vranjkovic, 1:14-cv-06810 (N.D. Ill.) (obtained dismissal based on arbitration agreement of collective and class action claim alleging failure to pay overtime)
  • Encotech Construction Services, Inc. adv. O'Brien, et al. 2004 WL 609798 (N.D. Ill.) (amicably resolved FLSA collective action and state law class action by concrete cutters alleging failure to pay for travel time on strength of motions for partial summary judgment narrowing availability of certain types of damages)
  • Epic Systems Corp. adv. Lewis and Long, 3:15-cv-00081-bbc and 3:15-cv-00082-bbc (W.D. Wis.) (defending putative collective and class action brought by Technical Writers claiming to be misclassified as exempt)
  • Epic Systems Corp. adv. Nordgren, 3:13-cv-00840-bbc (W.D. Wis.) (amicably resolved collective and class action claiming that Quality Assurance employees are misclassified as exempt employees)
  • FPM Ipsen Heating, Inc. adv. De LaFuente, et al. 2002 WL 31819226 (N.D. Ill.) (defeated class certification of state-law overtime claims in “hybrid case” on the basis of the availability of an FLSA collective action)
  • General Electric Co. adv. Nelson, et al. 05 CV 2772 (D. Minn.) (amicably resolved collective and class action claims that call center employees performed off-the-clock pre- and post-shift work)
  • Hard Rock Concrete Cutters, Inc. adv. Ladegaard, et al. 2004 WL 1882449 (N.D. Ill.) (amicably resolved FLSA collective action and state law class action by concrete cutters alleging failure to pay for travel time after succeeding on motions for partial summary judgment narrowing availability of certain types of damages)
  • Heritage Enterprises, Inc., adv. King, et al. 3:10-cv-03039-JES-CHE (C.D. Ill.) (successfully defended nursing home company on FLSA collective action brought by nurses who claim that they worked through meal periods without compensation)
  • Hill-Phoenix Corporation, adv. Bezdany, 2:15-cv-00949-GMS (D. Az.) (defending exempt status misclassification claim brought by field service technician)
  • Hyatt Corporation adv. Vera, et al., 06 CV 20653 (S.D. Fla) (amicably resolved overtime claim by banquet servers on behalf of hotel on strength of the Section 7(i) exemption)
  • Hyatt Hotels Corporation adv. Nunez, et al., 07 22995 (S.D. Fla.) (amicably resolved case brought by class of dishwashers alleging failure to pay overtime wages for work performed over 40 hours)
  • Hyatt Hotels Corp. et al., adv. Marrero, et al., 09-cv-00310 (W.D. Pa.) (amicably resolved claim of off-the-clock work brought by contract housekeepers)
  • Hyatt Corp., et al. adv. Sanchez, et al., 1:12-cv-00023-JMS-TAB (S.D. Ind.) (persuaded plaintiffs to dismiss hotel on claim of off-the-clock work brought by contract workers)
  • Hyatt Corp. adv. Shah, et al. 09-4286 (E.D. Pa.) (amicably resolved overtime class action brought on behalf of hotel assistant managers, claiming they were misclassified under the executive exemption)
  • Hyatt Corporation adv. Heil, et al., 2:09-cv-00407-UA-DNF (M.D. Fla.) (persuaded plaintiff banquet server’s counsel to voluntarily dismiss FLSA claim on strength of Section 7(i) exemption)
  • Hyatt Corporation adv. Murray, 1:05-00017-RWR (D.D.C.) (amicably resolved claim that information technology employees were misclassified as exempt)
  • Hyatt Corporation adv. Underwood, et al. 8:10-cv-00848-JDW-TBM (M.D. Fla.) (amicably resolved off-the-clock and tip credit claims by restaurant servers)
  • Hyatt Corporation adv. Miller, et al., 12-cv-61639 (S.D. Fla.) (amicably resolved putative collective action brought on behalf of sous chefs)
  • Hyatt Hotels Corporation, et al. adv. Livi, 2:15-cv-05371-AB (E.D. Pa.) (defending class and collective action by banquet servers claiming violation of tip credit and failure to pay overtime)
  • Hyatt Corporation, et al. adv.. Benavidez, et ao., 3:16-cv-00191-VAB (D. Conn.) (defending class and collective action by banquet servers claiming violation of tip credit)
  • Hyatt Vacation Marketing Corp., et al.  adv. Schultz, et al. 10-4568 (N.D. Cal.) (amicably resolved collective and class action alleging company misclassified sales executives as exempt)
  • International House of Pancakes, LLC, et al. adv. Fredericks, et al., 12SL-CC04529 (Missouri state court) (amicably resolved off-the-clock class action claim)
  • International House of Pancakes, LLC, et al adv. McGeshick, 15-cv-132 (W.D. Wis.) (amicably resolved putative collective and class action claiming that servers were not paid for all hours worked)
  • International Processing Corp. adv. Rosynek, et al., 99 C 2411 (N.D. Ill.) (amicably resolved collective action claim that dispatchers were misclassified as exempt administrative employees)
  • Iowa College Acquisition Corp. and Kaplan University Group adv. Slayton, 09-cv-06977 (N.D. Ill.) (defeated class certification motion in class action claim of off-the-clock work by admissions advisors)
  • J. Alexander’s Restaurants, Inc. adv. Williams-Green, 09-cv-5707 (N.D. Ill.) (amicably resolved class action by restaurant servers alleging off-the-clock work and violations of tip credit rules)
  • Kaplan, Inc. adv. Freeman, 14 C 10265 (N.D. Ill.) (defending putative collective and class action claim brought by bar review test prep Student Representatives claiming to be employees)
  • Kendall College Holdings, LLC, adv. Paul B. Wacker,  10 CV 8018 (N.D. Ill.) (amicably resolved exempt status misclassification claim)
  • Levy Premium Foodservice L.P. adv. McShane, 1:14-cv-03921 (N.D. Ill.) (amicably resolved putative collective and class action claim that servers at U.S. Cellular Field were not paid properly under tip credit provisions)
  • Marriott International Inc. adv. Holbrook, et al., 08 CV 385 (N.D. Ill.) (amicably resolved case in which plaintiff alleged that the company improperly calculated the regular rate of pay and overtime rate under the FLSA and the Illinois Wage Payment and Collection Act)
  • Merck & Co., Inc. adv. Schedel, 07 CV 000391 (D. N.J.) (defended pharmaceutical company in collective action alleging that its professional representatives were misclassified as exempt; secured voluntary dismissal upon development of favorable Supreme Court precedent)
  • Merck Sharp & Dohme Corp. adv. Turner, et al., 3:12-cv-03105-RM-BGC (C.D. Ill.) (defended pharmaceutical company in collective and clas action alleging that its professional representatives were misclassified as exempt; secured voluntary dismissal upon development of favorable Supreme Court precedent)
  • Miller Apple LLP adv. Gaye, et al., 1:13-cv-00113-RJJ (W.D. Mich.) (amicably resolved collective and class action alleging violations of tip credit provisions as to servers and bartenders at Applebee’s restaurants)
  • Multi-Temps Inc., et al. adv. Luarca, 07 CV 01255 (N.D. Ill.) (amicably resolved FLSA collective action where plaintiffs allege that the company failed to pay them overtime wages)
  • Naked Juice Co., et al. adv. Scheidt, 06 CV 6861 (N.D. Ill.) (amicably resolved off-the-clock claims in a collective and class action on strength of Motor Carrier Act and Section 7(i) exemptions)
  • Neighborhood Restaurant Partners, LLC, et al. adv. Ide, 1:13-cv-00509-SCJ (N.D. Ga.) (defeated conditional certification and obtained summary judgment on putative collective action alleging violations of tip credit provisions as to servers and bartenders at Applebee’s restaurants)
  • Neighborhood Restaurant Partners, LLC, et al. adv. McCoy, 5:14-cv-00018-DAE (W.D. Tex.) (amicably resolved putative collective action alleging violations of tip credit provisions as to servers and bartenders at Applebee’s restaurants)
  • Neighborhood Restaurant Partners Florida, LLC adv. Montoya, 8:14-cv-01262-MSS-EAJ (M.D. Fla.) (defeated conditional certification of collective action alleging off-the-clock work)
  • NMTC, Inc. d/b/a Matco Tools, adv. Matsuka, et al., 3:10-cv-03529 (D.N.J.) (obtained summary judgment as to 15 plaintiffs who claimed that they were misclassified as exempt under the administrative and/or outside sales exemptions)
  • Northwestern Memorial Hospital, et al., adv. DeMarco, 1:10-cv-000397 (N.D. Ill.) (amicably resolved FLSA collective action and state law class action brought by nurses who claim that they worked through meal periods without compensation)
  • Orient Machine Co. adv. Skobel, et al., 01 CV 7542 (N.D. Ill.) (amicably resolved FLSA collective action concerning allegations of unpaid overtime wages)
  • Peapod, LLC adv. Lungan, 1:14-cv-09473 (N.D. Ill.) (amicably resolved putative collective and class action brought by delivery drivers claiming compensation for on-call time)
  • Premium Concrete Cutting, Inc. adv. Sherman, et al., 2004 WL 1510030 (N.D. Ill.) (amicably resolved travel time claims in collective and class action after obtaining partial summary judgment on claims for payment of gap time and willfulness)
  • Prospect Mortgage, LLC adv. Sliger, et al., 11-cv-456 (E.D. Cal.) (assisted the company obtaining summary judgment and favorable trial verdicts before amicably resolving several cases claiming that mortgage loan officers are misclassified as exempt following decertification of collective action)
  • Quantum Foods, Inc. adv. Carletto, et al., 05-CH-7012 (Ill. Cir. Ct., Cook County) (obtained dismissal of donning-and-doffing class action against meat processing company based on Section 301 preemption; affirmed on appeal)
  • Rainbow USA, Inc. adv. White, et al., 1:09-cv-684 (N.D. Ill.) (amicably resolved collective and class action brought by retail employees claiming off-the-clock work)
  • Regis Corporation, adv. Eoff, et al., 1:10-cv-04032 (N.D. Ill.) (amicably resolved collective action brought by area supervisors claiming that they are misclassified as exempt executives)
  • Republic Services, Inc. et al. adv. Charles, 09-CIV-81581 (S.D. Fla.) (amicably resolved claims by drivers claiming that they worked through meal periods without compensation)
  • Republic Services, Inc. adv. Cordova, No. RG11593578 (Cal. Superior Ct. of Alameda County) (amicably resolved class action alleging off-the-clock work and violation of California meal period and overtime laws)
  • Republic Services, Inc. et. al. adv. Checkman, 37-2010-00086105-CU-OE-CTL (Cal Superior Ct. of San Diego County) (amicably resolved class action alleging off-the-clock work and violation of California meal period and overtime laws)
  • Republic Services, Inc. adv. Gordon, 12-cv-81186 (S.D. Fla.) (amicably resolved putative collective action alleging failure to pay for work performed during uncompensated meal periods)
  • Republic Services, Inc. adv. Jones, et al., 14-cv-62943 (S.D. Fla.) (amicably resolved claim by drivers alleging failure to pay for work performed during meal periods)
  • Republic Services, Inc. et al. adv. Medina, 5:12-cv-02596-PSG (N.D. Cal.) (amicably resolved class action alleging off-the-clock work and violation of California meal period and overtime laws)
  • Republic Services of Florida, L.P. adv. Morris, 14-cv-62797 (S.D. Fla.) (amicably resolved putative collective action by drivers claiming failure to pay overtime in accordance with FLSA)
  • Republic Services, Inc. adv. Rodriguez and Campos, et al., 5:13-cv-00020-XR (W.D. Tex.) (amicably resolved collective action claiming that regular rate was not properly calculated for overtime purposes)
  • Republic Waste Services of Southern California LLC et. al adv. Samano, No. 30-2010-00421264-CU-OE-CXC (Cal. Superior Ct. of Orange County) (amicably resolved class action alleging off-the-clock work and violation of California meal period and overtime laws)
  • Republic Services, Inc. et al. adv. Perez and Beltran, et al., 8:12-cv-00773-JVS-RNB (C.D. Cal.) (amicably resolved class action alleging off-the-clock work and violation of California meal period and overtime laws)
  • Republic Services, Inc. et al. adv. Serrano, 2:14cv77 (S.D. Tex.) (defending company in collective action alleging that company failed to pay work for pre- and post-shift work and work during meal periods and that the regular rate was not properly calculated for overtime purposes)
  • Republic Services adv. Williams, 14-cv-00014 (S.D. Miss.) (amicably resolved putative collective action alleging failure to pay for work performed off the clock work)
  • Residential Home Health, Illinois, et al. adv. Fries, 1:16-cv-3727 (N.D. Ill.) (defending company on exempt status claim by in-home clinicians)
  • Sargent & Lundy adv. Sarofim, et al. 99 CH 10180, (Ill. Cir. Ct. of Cook County) (amicably resolved putative class action concerning the exempt status of field engineers)
  • SSM Health Care of Wisconsin, Inc. adv. Fosbinder-Bittorf, 3:11-cv-00592-wmc (W.D. Wis.) (amicably resolved FLSA collective action and state law class action brought by nurses who claim that they worked through meal periods without compensation)
  • SSM Health Care St. Louis adv. Smith et al.,  4:12-cv-00490-TCM (E.D. Mo.) (amicably resolved collective and class action claim by security guards who claim that they worked through meal periods without compensation)
  • Staffmark Investment, LLC adv. Howard, 1:12-cv-03308 (N.D. Ill.) (amicably resolved class action claim alleging failure to pay vacation pay upon termination of employment)
  • Standard Parking Corp. adv. Sarduy, et al., 03 CV 61938 (S.D. Fla.) (amicably resolved FLSA collective action brought by parking attendants concerning the regular rate of overtime calculation on strength of mooting plaintiff’s claim)
  • Stryker Sales Corp. adv. Crowell, 1:12-cv-01219-JMS-DML (S.D. Ind.) (amicably resolved collective action claim that commissions were not included in the regular rate of pay)
  • Suburban Orthotics & Prosthetics, Inc. et al. adv. Perez-Guzman, 1:14-cv- 2752 (N.D. Ill.) (amicably resolved putative collective and class action claim that employees were misclassified as independent contractors)
  • Sun-Sentinel Company adv. Louis-Charles, 595 F. Supp. 2d 1304 and 2008 WL 708778 (S.D. Fla.) (defeated conditional certification of FLSA collective action and obtained summary judgment on basis that district coordinators for newspaper are exempt under the newspaper carrier exemption)
  • Sun-Sentinel Company adv. Zarra et. al, 12-cv-60542-JIC (S.D. Fla.) (obtained summary judgment on basis that district coordinators for newspaper are exempt under the newspaper carrier exemption)
  • Teletech Holdings, Inc. adv. Washington, 1:12-cv-02262-PAG (N.D. Ohio) (amicably resolved collective action claim that employees at call center performed off-the-clock work)
  • TJX Companies, Inc. adv. Reed, et al., 04 CV 1247 (N.D. Ill.) (amicably resolved off-the-clock claims of work during meal periods in collective and class action)
  • United Healthcare Services, Inc. adv. Beevers, 4:10-cv-01410 (S.D. Tex.) (amicably resolved putative nationwide FLSA collective action claiming that utilization management nurses are misclassified as exempt)
  • United Healthcare Services, Inc. et al. adv. Cohen, 10-2027 (C.D. Cal.) (amicably resolved nationwide FLSA collective action and California-wide class action alleging unpaid pre- and post-shift work and missed meal periods by telesales employees)
  • UnitedHealth Group, Inc. et al. adv. Peters, 2:10-cv-02280 (D. Kan.) (amicably resolved putative nationwide FLSA collective action alleging unpaid pre- and post-shift by customer service representatives)
  • UnitedHealth Group, Inc., et al. adv. Wolfert, 08 CV 1643 (E.D. Mo.) (amicably resolved claim by telecommuting customer service representatives claimed that they were uncompensated for pre-and post-shift work that involved logging on and off of the company's computer system and programs)
  • Wells Fargo Financial, Inc. adv. Compton, et al., 04 CV 211 (W.D. Okla.) (obtained summary judgment on claim that loan center manager was misclassified as exempt; amicably resolved off-the-clock claims in collective action)
  • Whirlpool Corp. adv. Khait, et al., 06 CV 6381 (E.D.N.Y.) (amicably resolved collective and class action claims brought by service technicians claiming that they performed off-the-clock pre- and post-shift work)
  • Wingit, LLC d/b/a Buffalo Wild Wings adv. Klayko, et al., 1:16-c-v268 (N.D. Ohio) (defending company on claim of violation of tip credit provisions of FLSA)

Presentations

  • "Why Acquiring a Company with Workers Can Get You Sued, and What You Can Do About It,"  ACG Chicago Sunrise Session (March 9, 2017)
  • "New FLSA Overtime Exemption Rule," Webinar, presented by Seyfarth Shaw LLP (May 18, 2016)

Publications

Recognitions

  • Recognized as one of Best Lawyers - Illinois, The Best Lawyers in America© (2016)
  • Illinois Super Lawyer, Illinois Super Lawyers magazine (2005-2016).
  • Recognized by Legal 500 (U.S. edition) -  “clients say that Noah Finkel in Chicago provides ‘very good guidance on FLSA matters’ and ‘is very practical.’”