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Eric M. Flagg

He / Him / His

Managing Associate
Cleveland
T.
216.363.6196
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“It is rare to find this level of clarity and anticipation of client needs.” – Benesch client
“It is rare to find this level of clarity and anticipation of client needs.” – Benesch client

Eric is a versatile labor and employment attorney whose wide-ranging practice combines client counseling, representation in the traditional labor space, and employment litigation. He is certified by the Ohio State Bar Association as a Specialist in Labor & Employment Law.

Eric regularly counsels employers regarding best practices and employment policies under a broad variety of statutory and regulatory schemes that impact employers from the time that an employee receives an offer letter to the day the employment relationship ends, and every phase in between. This includes subject matter ranging from:

  • Employment authorization, Form I-9 compliance, and remediation of non-compliant Forms I-9 and accompanying materials;
  • Background investigations under the Fair Credit Reporting Act;
  • Preparation of robust employment and restrictive covenant agreements;
  • Employee classification under the Fair Labor Standards Act;
  • Construction of practical employment handbook provisions; and
  • Drafting of separation and release agreements.

Eric has significant experience in the transactional space, and frequently serves as the labor and employment subject matter specialist in legal due diligence and post-closing remediation in both equity and asset transactions. Eric specializes in the correction of defective Forms I-9, and regularly counsels employers regarding compliant Form I-9 recordkeeping to mitigate risk.

Eric also has experience litigating these issues in courts and before administrative agencies, including actions arising out of wage and hour disputes, compliance with the Family and Medical Leave Act, and discrimination claims under Title VII of the Civil Rights Act and the Americans with Disabilities Act, as well as analogous state laws.

Eric’s traditional practice includes preparation of union campaign materials, employer representation at collective bargaining negotiations, resolution of grievance arbitration under collective bargaining agreements, and defending against unfair labor practice charges brought under the National Labor Relations Act.

Representative Experience

  • Represented Crete United, a portfolio company of Ridgemont Equity Partners, in its acquisition of Hartwig Mechanical, LLC, an industrial and commercial mechanical contractor, for an enterprise value of $72.5 million.
  • Represented Crete United, a portfolio company of Ridgemont Equity Partners, in its acquisition of Swedberg Electric, LLC, an electrical contractor, for an enterprise value of $11.8 million.
  • Represented the Buyer in its acquisition of the equity of an HVAC company located in Georgia.
  • Represented a global leader in the formulation, development and manufacture of performance polymer solutions in its acquisition of a developer of premium thermoplastic elastomer (TPE) materials for manufacturers across a diverse range of industries throughout North America, Asia and Europe.
  • Represented Qualus Power Services, a portfolio company of New Mountain Capital, in its acquisition of Ferreira Power Group, a specialized power engineering firm providing distribution palling and design, grid hardening, and program management for utility providers.
  • Labor & Employment
  • Employment Litigation & Counseling
  • Collective Bargaining
  • Penn State Law - University Park, 2019, J.D.
    • CALI Award, State & Local Government Law
    • Student Bar Association: 1L Class Representative
    • Community Relations Chairman, 2016-2019
    • Graduate and Professional Student Association, Chief Justice
  • State University of New York College at Oswego, 2016, B.S., Wellness Management
    • magna cum laude
    • Student Government, Director of Student Involvement
    • Rugby
  • Ohio
  • New York
  • U.S. District Court for the Northern District of Ohio
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Northern District of New York
  • U.S. District Court for the Western District of Pennsylvania
  • OSBA Certified Labor and Employment Law Specialist 
  • Member, Ohio State Bar Association 
  • Member, New York State Bar Association
  • Vice Chair, Young Professionals Board of the Cleveland Kids’ Book Bank
  • Mentor, Big Brothers Big Sisters of Greater Cleveland
  • Member, The National Association of Parliamentarians
Articles and Presentations
February 17, 2025
No Love Lost: Acting National Labor Relations Board General Counsel Rescinds Litany of Former GC Abruzzo’s Policy Memoranda in Valentine’s Day Shakeup
November 26, 2024
Baisden, Primm and Flagg published article in Law360 | "NLRB One-Two Punch Curbs Employer Anti-Organizing Tools"
November 21, 2024
NLRB Developments/Forecast and Dealing with Shortened Election Periods | Eric M. Flagg, Sean McKinley, Steven M. Moss

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