"Eric is a true partner for our company. He is extremely great to work with and has tons of knowledge and expertise." – Benesch client, Chambers USA
Described by clients as responsive, strategic and very thorough, Eric Baisden is a go-to lawyer for employers throughout the country facing high-stakes trial and appellate proceedings involving restrictive covenants and discrimination claims, and for sound counsel and guidance on day-to-day employment and labor-related issues and union relations matters.
Eric, co-chair of Benesch’s Labor & Employment Group and co-general counsel of the firm, maintains a national practice representing employers in all areas of employment and labor relations, including litigation before federal and state administrative agencies and in trial and appellate courts in 49 states.
Regarded as among the best in his field, Eric has been repeatedly recognized by The Best Lawyers in America, Ohio Super Lawyers and Chambers USA. He is also AV® Preeminent™ Rated by Martindale Hubbell, its highest available rating for legal ability and professional ethics.
An L&E Litigation Leader
Eric has significant first-chair experience in protecting employers from unfair competition and litigating the enforceability of restrictive covenants and confidentiality agreements, including obtaining and opposing TROs and preliminary injunctions. He has prevailed in numerous cases under the Fair Labor Standards Act (FLSA) and state wage and hour laws, including collective and hybrid class actions. Eric also litigates claims of wrongful discharge and discrimination, including ADA, age, race, pregnancy, gender and sexual harassment, as well as OSHA, trade secret and intentional torts cases. Additionally, he litigates cases under ERISA, including preemption, benefit denials, retaliation, multiemployer pension fund issues, and claims to enforce or construe executive compensation and change-of-control agreements in connection with corporate mergers and acquisitions.
Union-Related Experience
Throughout his 30+-year career, Eric has been actively involved in all aspects of representing management in union environments, including collective bargaining, strikes, litigation, board proceedings, arbitrations and contract administration for clients in manufacturing, retail, healthcare, food and beverage, news media, and a variety of other industries.
He has appeared before the NLRB, argued before the Division of Advice, and bargained numerous contracts with OPEIU, UWUA, IBEW, UAW, UFCW, Teamsters, UNITEHERE, BCTGM and SEIU, including concessionary bargaining, plant closings, successful decertification and multiemployer plan withdrawal liability issues, including bond waivers. He also has arbitrated and obtained favorable awards on numerous contract interpretation issues, discrimination and terminations.
Additionally, Eric has represented clients in legal proceedings regulating picketing and other organizational conduct of nonemployee union organizers and pickets and strike contingency planning, including TRO and preliminary injunction hearings regulating strike activities and striker misconduct. Clients also rely on Eric for union avoidance strategies and advice. He has won organizing campaigns in several states.
Eric defends employers in administrative proceedings before the Department of Labor, including numerous wage and hour audits, and OSHA, including several fatal accident and egregious penalty cases. He represents employers before the National Labor Relations Board, the Equal Employment Opportunity Commission and state administrative agencies in connection with discrimination charges.
Comprehensive L&E Advice
Eric regularly counsels both union and nonunion employers on wage and hour compliance, representation elections, contract negotiations, third-party avoidance, discipline, leaves and terminations. He advises clients on implementing personnel practices, including drafting and revising employee guides, applications, training materials, harassment policies, ADA compliance, drug testing policies and in-house investigations of drug use, and large-scale reductions in force. Additionally, Eric is experienced in training client personnel regarding personnel policies, third-party avoidance and internal investigations. He advises clients on the administration of collective bargaining agreements and has successfully implemented provisions such as mandatory overtime mid-contract.
Eric also advises employers on employment eligibility and I-9 compliance and trains personnel on best practices to ensure his clients’ companies comply with employment eligibility verification requirements while avoiding immigration discrimination violations. He also is experienced in conducting I-9 self-audits and Immigration and Customs Enforcement (ICE) onsite audits.
Representative Experience
- Represented Shearer’s Foods, LLC in matters including conducting #metoo Sexual Harassment and union avoidance trainings at five facilities, OSHA investigations in Ohio and Iowa, a discrimination lawsuit in Oregon, a business defamation claim in Nevada, a class action in Ohio and a wrongful death claim against four supervisors in Iowa state court arising out of the same incident.
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Represented LeafFilter North, LLC, in a putative nationwide collective action pursuant to the Fair Labor Standards Act (FLSA) and Rule 23 class action pursuant to the Massachusetts Wage Act. Plaintiff, an installer of LeafFilter’s product, alleged that he was misclassified as an independent contractor and sought to represent a nationwide collective of similarly situated independent contractors. We successfully obtained an opinion and order dismissing the case in its entirety and compelling individualized (non-class) arbitration.
- Plaintiff, on behalf of herself and putative class, alleged that our client, an electric services company, misclassified certain land agents as independent contractors and, as a result, failed to pay them overtime wages to perform land agent work on transmission projects in Pennsylvania and Ohio. The parties engaged in limited discovery on the issue of whether our client was Plaintiff’s employer or joint employer. Following limited discovery, the parties reached a settlement.
- Representation of The Service Companies, Inc. in a putative class action of 170+ class members brought by four former employees seeking damages for unpaid time based on piece rate compensation. We took over in the middle of the case after preliminary class certification and opposition to certification briefs were filed.
- Represented Shearer’s Foods, LLC in putative nationwide collection action pursuant to the Fair Labor Standards Act (FLSA) and Rule 23 class action pursuant to the Ohio Minimum Fair Wage Standards Act. Plaintiffs alleged that they were not paid for pre-shift off-the-clock and rest breaks. Benesch prevailed on a motion and was able to avoid precertification of the class which resulted in negotiating a nuisance value settlement as to the individual plaintiffs, and the entire case was voluntarily dismissed.
- Represented The Services Companies, Inc. in a class action of over 200 employees in Florida regarding failure to pay overtime wages to piece rate workers over a 16-month period, including liquidated damages and attorneys’ fees. We prevailed on denying preliminary certification due to plaintiffs’ failure to show class-wide interest as well as highlighting the need for individualized inquiries into each putative class member in order to prove either liability or damages. After the court denied preliminary certification, we engaged plaintiffs in settlement negotiations.
- Represented LeafFilter North, LLC in a putative nationwide collective action pursuant to the Fair Labor Standards Act (FLSA) and Rule 23 class action pursuant to the Massachusetts Wage Act. Plaintiff, an installer of LeafFilter’s product, alleged that he was misclassified as an independent contractor and sought to represent a nationwide collective of similarly situated independent contractors. Plaintiff abandoned his chosen forum in Massachusetts federal court and voluntarily dismissed the case prior to the court ruling on the pending motions.
- Represented Installed Building Products, LLC in matters including securing a pre-certification settlement of a 100+ member, 4-year class action in Florida. Plaintiffs’ claims were based on alleged failure to pay minimum wage and overtime caused by off-the-clock work. We adopted an aggressive approach to the case, quickly producing payroll records for the named plaintiff and clearly identifying that he was a piece rate worker and only entitled to half rate premiums for overtime. We followed this limited discovery with aggressive settlement negotiations that resulted in a settlement of nuisance value.
- Successfully represented Installed Building Products, LLC in matters including a class action in Washington regarding meal and rest breaks and unpaid time. In a litigious case, we aggressively opposed burdensome discovery and overbroad claims. After preliminary certification of a class, we prevailed on a motion to clarify the class definition, reducing one of the three claims by approximately 16 months, resulting in the elimination of approximately $700,000 in exposure, prevailed on a motion to quash a third-party subpoena and denying motion to compel native files of produced documents. The results ended in a very favorable settlement of all three claims.
- Represented LeafFilter North, LLC in matters including negotiating a favorable settlement in a representative action brought under the California Attorney General Act (“PAGA”). Plantiffs alleged they were misclassified and should have been treated as employees. The settlement combined what were two separate cases and encompassed both wage and hour class action claims as well as alleged PAGA penalties.
