Eric Hemmendinger has over 30 years experience representing management in employment law litigation, including class actions and jury trials, and in traditional labor law.
As a litigator, Eric handles wage-hour, employment discrimination, sexual harassment, wrongful discharge, retaliation, defamation, ERISA, trade secret, non-compete and other types of claims in federal and state courts. A seasoned trial and appellate advocate, Eric has extensive experience with high stakes claims, including class and collective actions as well as high exposure individual claims. To help clients avoid and control litigation, Eric provides advice on preventive practices and represents clients in alternative dispute resolution.
In the traditional labor law arena, Eric handles representation and unfair labor practice charges before the NLRB, collective bargaining and arbitration. Eric also handles construction labor disputes, OSHA inspections and citations, labor aspects of mergers and acquisitions, pension plan withdrawal liability and contested cases before state and federal enforcement agencies. Eric advises a number of state and local governments concerning public sector labor relations issues.
Eric’s recent achievements include:
- Winning a collective and class action case in the D.C. Circuit holding auto damage adjusters exempt from overtime.
- Winning a jury verdict for the employer in a multi-plaintiff retaliation claim brought in federal court under the Fair Labor Standards Act.
- Winning a jury verdict for the employer in a collective action, brought in federal court, alleging that plaintiffs were misclassified as exempt from overtime.
- Obtaining an injunction against a former employee’s dealing with certain customers based on his violation of his duty of loyalty to our client. Later in this case, Eric obtained a significant monetary settlement from the employee’s new employer.
- Obtaining summary judgment in an age discrimination claim against a manufacturing company brought by a former executive.
- Obtaining summary judgment against the EEOC in a case alleging that a multi-national company’s severance program violated the ADEA.
- Representing a national real estate developer in a complex Fair Housing Act lawsuit in federal court.
- Representing a number of private and public employers in defense of class and collective action wage-hour claims. Eric has defended lawsuits involving insurance adjusters, firefighters, poultry workers, hospital employees and other occupations.
Eric has presented seminars to both business and legal groups on a variety of topics, including discovery in employment discrimination lawsuits, use of expert witnesses in emotional distress claims, wage hour law and compliance with OSHA standards. He wrote “Jury Instructions in a Sexual Harassment Trial.” He co-authored Defending Employment Discrimination Changes and is a contributing author of The Employment Law Deskbook, both published by Matthew Bender. In addition, he is a Contributing Editor of the Maryland and Federal Employment Law Manual, published by the Maryland Chamber of Commerce.