"Eric Baisden is a go-to attorney for a range of employers facing high-stakes trial and appellate proceedings involving issues such as restrictive covenants and discrimination claims. He also provides counsel on labor relations." - Benesch Client, Chambers USA
"Eric Baisden is a very thorough and competent individual. He is a solid attorney and provides sound counsel and guidance with every matter that is presented. It is indeed a pleasure working with him." - Benesch Client, Chambers USA
"...responsive and strategic, which are both very well received by my organization, very thorough and competent individual, a solid attorney and provides sound counsel and guidance with every matter that is presented. It is indeed a pleasure working with him.", Benesch Client, Chambers USA
Eric, Co-Chair of Benesch’s Labor & Employment Practice Group and Co-General Counsel of the Firm, maintains a national labor and employment practice which includes representing employers in all areas of employment and labor relations, as well as related employment litigation, before federal and state administrative agencies and in trial and appellate courts in 45 states.
Eric is ranked in the 2013-22 editions of The Best Lawyers in America, the 2015-21 editions of Ohio Super Lawyers, as well as in the 2014-22 editions of Chambers USA: America’s Leading Lawyers for Business. In the latter, his clients enthuse: “Eric is one of the best attorneys I have ever worked with. He is a reliable business partner who is supportive yet appropriately challenging.” His other clients agree, noting that he “speaks with a thoughtful and clear viewpoint,” and “possesses excellent people skills.” In addition, Eric is AV® Preeminent™ Rated by Martindale Hubbell, its highest available rating for legal ability and professional ethics.
Eric has appeared on behalf of employers in 45 states in state and federal matters. Eric has significant first chair experience in protecting employers from unfair competition, litigating the enforceability of restrictive covenants and confidentiality agreements, including obtaining and opposing TROs and preliminary injunctions. Eric has handled numerous cases under the 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 and intentional torts. He litigates cases under ERISA, including preemption, benefit denials, retaliation, and multiemployer pension fund issues, and claims to enforce or construe executive compensation and change of control agreements in connection with corporate mergers and acquisitions.
Eric has been actively involved in all aspects of representing management in union environments throughout his 30-year career, including bargaining, strikes, litigation, board proceedings, arbitration, and contract administration. Eric has significant first chair bargaining experience in manufacturing, retail, health care, and news media.
Eric has significant first chair traditional labor law experience as well. He has appeared before the NLRB, argued to Division of Advice, has bargained numerous contracts with OPEIU, UWUA, IBEW, UAW, UFCW, Teamsters, UNITEHERE, BCTGM, and SEIU, including concessionary bargaining, plant closings, successful decertification and multi-employer plan withdrawal liability issues, including bond waivers. Eric also advises clients on administration of Collective Bargaining Agreements, and has successfully implemented provisions such as mandatory overtime mid-contract. Eric has arbitrated and obtained favorable awards on numerous contract interpretation issues, discrimination, and terminations.
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.
- 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.
- 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.