Eric Hemmendinger

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Eric Hemmendinger

Phone: 410-843-3457
Fax: 410-752-8861
E-Mail: eh@shawe.com

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.

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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 decertification of a nationwide FLSA collective action against an insurance company.
  • 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.

Practice Areas

  • Alternative Dispute Resolution (Arbitration and Mediation)
  • Collective Bargaining/Labor Contract Negotiations
  • Contract Administration and Unfair Labor Practice Defense
  • Discrimination, Harassment and Retaliation
  • Employee Benefits/ERISA Litigation
  • Employment, Non-Compete/Non-Solicit, Confidentiality Agreements
  • Employment Litigation, including complex Class and Collective Actions
  • FMLA/ADA/Workers’ Compensation Leave Management
  • Grievances and Labor Arbitration
  • Human Resources Advice and Counseling
  • NLRB Elections
  • Occupational/Workplace Safety and Health
  • Plant Closings and Reductions in Force (WARN)
  • Strikes and Picketing
  • Unfair Competition, Restrictive Covenant and Trade Secret Litigation
  • Union Avoidance
  • Wage and Hour Compliance and Litigation

Honors

  • Best Lawyers in America, 2006-present
  • Super Lawyers, 2008-2016
  • Martindale-Hubbell® Peer Review Ratings™ AV5.0

Memberships

  • Maryland State Bar Association
  • American Bar Association
  • Wage-Hour Defense Institute

Education

  • University of Virginia, J.D., 1977
  • Pomona College, B.A., cum laude, 1974

Bar Admissions

  • Maryland
  • United States District Court for the District of Maryland
  • United States Courts of Appeals for the D.C., 2nd, 4th, 6th, and 7th Circuits
  • Supreme Court of the United States