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Andrew S. Rosenman

Andrew S. Rosenman

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Andrew Rosenman is Co-Leader of the firm’s U.S. labor and employment litigation practice. His practice particularly emphasizes labor and employment litigation and counseling on behalf of employers. In the course of his litigation and employment law practice, Andrew represents clients in a broad variety of actions, including:

Trials. First-chaired a multi-day arbitration hearing under the FLSA and Illinois law which resulted in a complete victory for the defendant-employer on all counts where plaintiff alleged that a company-wide alternative workweek schedule was unlawful, that she was entitled to overtime pay for missed meal breaks, and that she was owed additional compensation for errors in the timing and calculations of her paychecks.

First-chaired a jury trial in a collective action under the FLSA in which the jury returned a defense verdict on plaintiffs’ claims that they were not paid properly either for donning and doffing related to meal breaks, or for donning and doffing good manufacturing practices gear before and after their work shifts.

First-chaired a jury trial resulting in a defense verdict in an age discrimination case filed by the client company’s oldest employee (age 70 at trial), in which all other employees terminated in the same reduction-in-force were over the age of 45.

Obtained a defense verdict on all counts for client-employer in a jury trial involving claims of workers’ compensation retaliatory discharge and failure to re-hire.

Obtained judgment in favor of a defendant corporation on all counts in a bench trial of a $150 million complex litigation matter in US Bankruptcy Court.

Class and Collective Actions. Defended several state and federal wage and hour collective and class actions, as well as Railway Labor Act class actions and multi-plaintiff race, age, and national origin discrimination claims. Defended employers and plan administrators in ERISA class action litigation and individual benefit cases.

Appellate Cases. Briefed and argued cases in state and federal appellate courts, including breach of contract claims in the Illinois Appellate Court, sexual harassment claims in the Michigan Court of Appeals; age, race, and national origin discrimination claims in the US Court of Appeals for the Seventh Circuit; and age and national origin discrimination, wrongful discharge, misrepresentation and breach of employment contract claims in the US Court of Appeals for the Sixth Circuit.

Individual Claims. Obtained numerous favorable summary judgment rulings and Rule 12(b)(6) dismissals in sexual harassment cases, and age, sex, race, disability, and national origin discrimination cases. Successfully prosecuted and defended claims involving non-compete and non-solicitation agreements as well as other forms of restrictive covenants.

Administrative Proceedings. Frequently represented employers in proceedings before the Equal Employment Opportunity Commission (age, sex, race, disability, and national origin discrimination, as well as sexual and racial harassment); the US Department of Labor (wages and FMLA); the Illinois Human Rights Commission (discrimination and harassment); the Illinois Department of Labor (wage claims); the Chicago Commission on Human Relations (discrimination and harassment); the Minnesota Human Rights Commission (sex discrimination); and the New York State Division on Human Rights (race discrimination).

Mediations. Represented employers and corporate clients in dozens of formal, court-ordered settlement conferences and mediation programs and in informal, voluntary mediations and case evaluation procedures mandated by state courts.

Commercial Litigation Experience. Represented corporate clients as plaintiffs and defendants in various complex commercial litigation matters.

Andrew’s practice also encompasses substantive areas of concentration, including:

Terms of Employment. Counsels clients regarding compliance issues arising under Title VII, ADA, ADEA, FLSA, FMLA, WARN, and state and local employment laws; advises clients with respect to decision-making processes in restructurings and reductions-in-force; assists clients in conducting investigations of harassment and employee misconduct; enforces restrictive covenants and defends related claims.

Policies and Practices. Drafts employment contracts and severance agreements, disciplinary notices, employee manuals and handbooks, non-compete and non-solicitation agreements, and mass layoff and plant closing notices under the WARN Act.

Pro bono. Represents and provides advice to top administrators of a privately funded, independent school in Chicago with respect to litigation and employment law matters.

Prior to joining Mayer Brown’s Chicago Office in 1999, Andrew was associated with another prominent law firm in Detroit. Earlier (1995–1996), he served as Law Clerk to The Honorable Steven D. Pepe in US District Court for the Eastern District of Michigan. Andrew has an AV Peer Review Rating from Martindale-Hubbell and has been named to the list of Best Lawyers in America since 2010. Andrew also is a member of the American Employment Law Council, an invitation-only entity that is the nation’s premier organization of high level labor and employment attorneys practicing on behalf of employers and management. Andrew has been quoted on employment law and litigation matters by the Society for Human Resource Management, the New York Times, Chicago Daily Law Bulletin, the Detroit News, USA Today, and IA Week.

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