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Government Representation

Outten & Golden represents local and state government clients in law enforcement actions that vindicate workers’ rights and ensure a level playing field among employers.

As one of the country’s largest law firms for employees and a leading firm for class and collective actions that affect the public interest, we bring to bear unique resources that expand government enforcement capabilities.

 

The collaborations we forge with government stakeholders help ensure that employment laws are upheld – so both workers and law-abiding employers can flourish in a fair marketplace.

Over the years, this work has contributed to numerous advancements in workers’ rights, positive changes in employment practices at major corporations, and the recovery of tens of millions of dollars for states and local governments.

  • Navigating procedural issues. Our subject-matter expertise in complex litigation allows us to anticipate and respond to defendants’ procedural challenges on issues such as standing, prefiling requirements, exhaustion, scope, and liability periods.
  • Litigation strategy. Our attorneys have extensive experience in all areas of workers’ rights and have successfully navigated government investigations and litigated both public- and private-sector cases.
  • Tackling complex e-discovery. This highly critical area requires significant resources and specialized expertise. Led by our in-house ESI Counsel, we’ve developed proven workflows that make complex e-discovery faster and more predictable, while maintaining the flexibility to scale for massive document volumes on short notice—without sacrificing accuracy or compliance.
  • Briefing and argument. Our attorneys bring decades of employment law experience and have successfully briefed and argued complex issues at trial and appellate levels. We know the procedural nuances that shape enforcement cases and have a proven record of securing rulings that protect workers and strengthen government enforcement.
  • Respect for the government agency’s leadership. As a matter of ethics and collaboration, we respect our government clients’ decision-making authority and case leadership. We augment our clients’ resources and subject-matter expertise as outside counsel operating under their guidance and direction.

Notable Matters

Government Representations

  • California Civil Rights Department v. Activision Blizzard: We represented the California Civil Rights Department in its discrimination, harassment, and retaliation lawsuit against one of the world’s largest interactive gaming companies. In doing so, we helped achieve a landmark $54.875 million settlement, with a three-year monitoring period to support improvements in the company’s employment practices.  
  • District of Columbia v. Power Design, Inc.:  We represented the Attorney General for the District of Columbia in an enforcement action alleging violations of the D.C. Workplace Fraud Act and Minimum Wage Revision Act by misclassifying workers as independent contractors. Our work led to a $3.75 million settlement – the largest workers’ rights recovery in District history – and included $1.7 million in restitution to 1,200 harmed workers, and $1.2 million in civil penalties paid to the District. 
  • In re Uber Technologies Wage and Hour Cases:  Since 2018, O&G has represented private plaintiffs alleging that Uber and Lyft misclassified drivers as independent contractors. The California Attorney General and Labor Commissioner and city attorneys for San Francisco, Los Angeles, and San Diego subsequently filed enforcement actions with similar allegations. Since then, O&G has coordinated with the government officials to strengthen the plaintiffs’ position. 

Government Collaborations

  • Ansoumana v. Gristede’s: Partnering with the New York Attorney General and the National Employment Law Project, O&G and co-counsel represented more than 1,000 West African immigrants who delivered goods for major New York City retailers and were classified as independent contractors. The case secured a $6.6 million settlement that provided living wages and union membership.
  • EEOC/Schieffelin v. Morgan Stanley: Working with the U.S. Equal Employment Opportunity Commission, O&G secured a $54 million settlement for a class of women alleging systematic discrimination in promotions, pay, and opportunities at Morgan Stanley.

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