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REPRESENTATIVE EXPERIENCE

Daniel P. Hurley

Representation of Fortune 500 company in class action alleging violations of minimum wage and overtime pay laws based on theory that class members were jointly employed by company and labor service provider. Obtained dismissal of lawsuit on procedural grounds.
Representation of nationwide retailer in defense of claims of discrimination and retaliation by former employee. Obtained summary judgment and successfully defended employee’s appeal. Subsequently obtain summary judgment in second lawsuit brought by same employee and successfully defended employee’s appeal.
Representation of nationwide retailer in defense of class action complaint brought by employees alleging misclassification of quality assurance employees as exempt from minimum wage and overtime pay requirements. Negotiations resulted in the employee amending complaint to drop the class action claims and subsequent individual settlement.
Representation of nationwide retailer in defense of class action complaint asserting that employees must be paid for time spent donning and doffing work apparel. After extensive investigation and litigation, negotiated a class-wide settlement.
Representation of Fortune 500 company in class action alleging violations of minimum wage and overtime pay laws and related administrative charges filed by more than 150 putative class members. After a detailed analysis of facts and law and extensive negotiations, reached a class-wide settlement and separate resolution of all administrative charges.
Representation of Fortune 500 company and two individual defendants in a 25-plaintiff employment discrimination action involving allegations of discrimination and wrongful termination. After a seven-week trial, the jury returned a complete and unanimous verdict in favor of the defense. Represented clients in successful defense of plaintiffs’ appeal.
Representation of municipality in defense of a class action brought by a group of property owners challenging the legality of a city ordinance that required property owners to pay a regulatory fee for the city’s storm and surface water system, alleging that the fee was statutorily invalid and amounted to an unconstitutional tax. Obtained a unanimous jury verdict in the city’s favor at trial and successfully defended the plaintiffs’ appeal of that verdict.
Representation of company in a nationwide FLSA collective action asserting claims for off-the-clock work and for minimum wage violations arising out of a challenge to the company’s incentive compensation plan. Defeated class certification of the off-the-clock issue and subsequently obtained dismissal of challenge to the design of the incentive compensation plan.
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