Eugene Droder III
Gene focuses his practice on employment and class-action litigation, particularly on defending wage and hour claims and collective actions across the country. He regularly represents clients in discrimination, harassment, and wrongful-termination lawsuits and advises employers on litigation-avoidance strategies and compliance with laws governing hiring, discipline, compensation, termination and other employment practices. He has successfully defended clients in a variety of litigation matters, ranging from single-plaintiff jury trials to nationwide collective actions involving thousands of potential class members. He frequently speaks and writes about wage and hour and class action topics, trends, and practical advice.
Representative Trial and Class Action Experience:
Huffman v. The Hilltop Companies (6th Cir. 2014) (dismissal of misclassification class action claims under the FLSA and Ohio law and order compelling individual arbitration).
Watts v. UPS (S.D. Ohio 2013) (successful defense of jury trial involving disability discrimination claim).
Grant v. Convergys (8th Cir.; E.D. Mo. 2013) (successfully petitioned Eighth Circuit Court of Appeals to grant permission for interlocutory appeal of refusal to enforce class action waiver in "off-the-clock" work case).
Palmer v. Convergys (S.D. Ga. 2012) (successfully enforced class action waiver in employment application and defeated conditional class certification).
Al-Khadra v. Cincinnati Children's Hospital (Ham. Cty. 2011) (successful defense of jury trial on various employment claims resulting in total defense verdict after four weeks of trial).
Meyer v. UPS (Ham. Cty. 2010) (successfully defended bench trial of workers' compensation retaliation claim).
Meyer v. UPS (Ohio Sup. Ct.; 1st Dist. App. 2009) (successful appeal of workers' compensation retaliation and age discrimination claims that limited the scope of age claims in Ohio).
Watts v. UPS (S.D. Ohio 2008) (successful defense of jury trial involving claims of retaliation and gender discrimination).
Lentz v. Cincinnati Insurance Co. (S.D. Ohio 2006) (successful defense of jury trial on various employment claims).
Highlights & Recognitions
- Selected for inclusion in Ohio Super Lawyers Rising Stars®, 2011-2015
- Contributing Author, The Fair Labor Standards Act, Second Edition, Cumulative Supplement, 2012-13
Memberships & Affiliations
- Cincinnati Bar Association
- Ohio Bar Association, Labor & Employment Committee
- American Bar Association, Federal Labor Standards Legislation Committee
Recent Blog Posts
- Plaintiffs beware: Courts may tax costs upon non-prevailing plaintiffs in FLSA collective actions
- Court Rules Ohio Constitution’s Minimum Wage Provision Creates Vehicle for Rule 23 Class-Action Lawsuits, Opt-In Not Required
- Are You Ready for Some Football, er ... Class Actions??? The Rise of Misclassification Class and Collective Actions
- Ninth Circuit Ruling On Independent Contractors Could Have Damaging Consequences for Businesses
- The Ninth Circuit and the California Supreme Court May Have Finally Put the Nail in the Coffin of the NLRB’s D.R. Horton Decision
- Halliburton Co. V. Erica P. John, Fund, Inc: Supreme Court Continues Its Trend of Allowing Greater Scrutiny in the Class Certification Stage
- The Employment Class and Collective Action Landscape After Wal-Mart v. Dukes
- Sixth Circuit Dismisses Misclassification Class Action in Favor of Arbitration
- Supreme Court Permits Labor Department to Flip-Flop on Wage-Hour Interpretations
- Supreme Court holds that Security Screening is not Compensable Work under the FLSA
- Supreme Court to Decide Whether Security Screening Constitutes Compensable Work
- Sixth Circuit Dismisses Misclassification Class Action
- U.S. Supreme Court Rules that Changing Protective Clothing is Noncompensable Under Union Contract
- Supreme Court Helps Employers Combat FLSA Collective Actions
- High Court Strengthens Class Action Requirements and Eliminates Massive Nationwide Class Action
- NLRB's Allegations about an Unlawful Employee Termination for a Facebook Comment Bring Long-Standing Rules to a New Venue
- Public Funding Does Not Necessarily Trigger Application of Ohio Prevailing Wage Law
- Ohio Supreme Court Limits Scope of Ohio Age-Discrimination Claims
- New Guidelines May Apply Ohio Prevailing Wage to More Projects
- WEST CHESTER: 2014 Labor & Employment Law Conference
- CINCINNATI: 2014 Labor & Employment Law Conference
- FLORENCE: 2014 Labor & Employment Law Conference
- Labor and Employment Law - What Employers Need to Know Now
- Classless Actions Revisited: Fallout from the Supreme Court's Recent Class Action Decisions
- Classless Actions: Practical Impacts of Recent Supreme Court Decisions
- 37 Frost Brown Todd Attorneys Recognized by Ohio Super Lawyers® for 2015
- 42 Frost Brown Todd Attorneys Recognized by Ohio Super Lawyers®
- 43 Frost Brown Todd Attorneys Recognized by Ohio Super Lawyers® and 17 Recognized by Ohio Rising Stars® for 2013
- Ten New Members Named to Frost Brown Todd
- 44 Frost Brown Todd Attorneys Recognized by Ohio Super Lawyers® and 15 Recognized by Ohio Rising Stars® for 2012
- 41 Frost Brown Todd Attorneys Recognized by Ohio Super Lawyers® and 14 Recognized by Ohio Rising Stars® for 2011
Civic & Charitable Organizations
- Cincinnati USA Regional Chamber of Commerce, C-Change Leadership Class IV, 2009
- ArtsWave, YP Board
- City of Montgomery, Parks and Recreation Commission, 2005-2010: Chairman, 2006-2007; Vice Chairman, 2005; Secretary, 2008-2009
- Theta Chi Fraternity, Gamma Kappa, Chapter Advisor and Alumni Housing Corporation Member
- The Ronald McDonald House of Greater Cincinnati, Committee Member, 2006
- Cincinnati Bar Association, Young Lawyers Section, Community Service Committee, 2007-2008
Non-FBT Publications and Events
"U.S. Supreme Court: Changing PPE not compensable under FLSA and CBA," Kentucky Employment Law Letter (March 2014)
"Troublesome Wage & Hour Issues in the Workplace," FBT 2013 Labor & Employment Conference (March 14, 2013)
"The Americans with Disabilities Act and the Impact of the 2008 Amendments in Ohio," Lorman Education Services (April 2009)
"Hot Topics in Labor and Employment Law," Contractor's Law Series (Mar. 2009)
"New Guidelines May Apply Ohio Prevailing Wage to More Projects," Business Courier (Sept. 26, 2008)
"Workplace Disaster Protection: Defending Against the Flood of Wage & Hour Class and Collective Actions," FBT CLE (Nov. 2, 2007)
"Wage and Hour Law Update in Ohio," Lorman Education Services Seminar (July 19, 2007)
"Preparing for the Approaching Tidal Wave in Wage & Hour Litigation," Council on Education in Management (May 2007)
"Give Me a Break: Wage & Hour Issues," ERA Breakfast Briefing (April 17, 2007)
"Everyday Employment Issues for Contractors," Contractor's Law Series (Feb. 2007)
"The Salary Requirements of the Fair Labor Standards Act," FRANMAC News (Summer 2006)
"Fair Labor Standards Act: Presentation to Minor League Baseball, "Baseball Winter Meetings (Dec. 10, 2004)
"The Death Penalty Experiment: The Facts Behind the Conclusion," Co-author, 29 Dayton L. Rev 223 (2004)