Wendy C.Butler

Partner

(T) 1.212.326.7822

Wendy Butler has more than 20 years of experience defending employment-related litigation and advising employers on legal compliance. Her litigation experience includes the defense of class and individual claims arising under the FLSA, ADA, ADEA, FMLA, Title VII, ERISA, and numerous state laws. She counsels clients on a variety of employment issues, including human resources policies, litigation avoidance, employment agreements, restrictive covenants, reductions in force, wage/hour audits and compliance, internal investigations, and issues that arise in connection with corporate transactions.

Wendy has significant experience defending class action litigation under the FLSA and state wage/hour laws. In these high-exposure and often high-profile cases, she has had repeated success defeating class and/or collective action certification and obtaining favorable decisions on the merits. Her involvement with these cases dates back over 15 years, around the time courts first began to see a significant uptick in these types of filings. She has been at the forefront of developing litigation strategies to defeat these claims and also regularly advises clients on compliance initiatives that reduce exposure to such claims.

Wendy has written and spoken on a variety of topics, including wage and hour laws, sexual harassment claims and prevention practices, whistleblower and discrimination litigation, and the defense and settlement of class actions. She is a member of the New York State Bar Association Labor & Employment Section, where she has served on the Wage and Hour Committee.

Experience

  • One Equity Partners acquires All Metro Health CareJones Day represented One Equity Partners LLC in connection with its acquisition of All Metro Health Care, a provider of in home care services.
  • Pret A Manger successfully limits scope of notice in FLSA collective actionJones Day represents Pret A Manger (USA) Limited in a putative class and collective action matter involving claims under the Fair Labor Standards Act ("FLSA") and New York Labor Law ("NYLL") for unpaid overtime and alleged unlawful tip pooling, among other claims.
  • ABM acquires provider of aviation facility management services Air Serv for $158 millionJones Day advised ABM Industries, Inc. in its $158 million acquisition of Air Serv Corporation, a leading provider of integrated facility management services for the world's leading airlines and freight companies at airports throughout the United States and the United Kingdom.
  • Pret A Manger defends against statewide FLSA collective action on behalf of all current and former Managers In TrainingJones Day was retained by Pret A Manger (USA) Ltd. to defend the company in a lawsuit brought by a former employee alleging that he and a class of current and former Managers in Training were misclassified as exempt from federal and state overtime laws.
  • U.S. Chamber of Commerce submits amicus curiae brief challenging expansion of whistleblower provisions of Sarbanes-Oxley ActOn behalf of the U.S. Chamber of Commerce, Jones Day filed a brief as amicus curiae in the U.S. Court of Appeals for the First Circuit, and subsequently in the United States Supreme Court, in support of employers who successfully argued that the language of the Sarbanes-Oxley Act provided whistleblower protection only for employees of publicly held companies, not employees of contractors or subcontractors of public companies.
  • IBM wins preemptive motion to deny class certification of California wage claimsOn behalf of International Business Machines Corporation, Jones Day preemptively defeated class certification of California-law wage claims.
  • TheMarkets.com sells its research and estimates business to CapitalIQJones Day assisted in advising TheMarkets.com LLC in the sale of its research and estimates business to Capital IQ, a Standard & Poor's business and subsidiary of The McGraw-Hill Companies.
  • IBM obtains summary judgment as to claims of named plaintiff seeking to represent statewide class of California IT workers in wage-hour class actionOn behalf of International Business Machines Corporation, Jones Day obtained summary judgment as to the claims of the named plaintiff seeking to represent a statewide class of California IT workers in a wage-hour class action.
  • MCI obtains summary judgment dismissing claims of race discrimination and retaliation under Title VII and the New York Human Rights LawJones Day represented MCI Communications, Inc. in a claim brought by a former employee alleging race discrimination and retaliation under Title VII and the New York Human Rights Law.
  • Aetna obtains decision compelling arbitration of whistleblower claim under Sarbanes-Oxley ActJones Day represented Aetna Inc. in a whistleblower complaint brought by a former high level executive.
  • IBM settles FLSA and ERISA class action involving technical support workers' exempt statusJones Day represented International Business Machines ("IBM") in litigating and settling this lawsuit, which was filed in January 2006 on behalf of a putative class consisting of IBM's technical support workers nationwide.
  • Pfizer defends against multiplaintiff cases involving claims for severance benefits under ERISAJones Day defended Pfizer, Inc. in two federal court cases brought by executives who sought payments under a change-in-control severance plan based on the divestiture of the division for which they are employed.
  • Harsco acquires steel mill services business for $229 millionJones Day advised Harsco Corporation, a worldwide industrial services and products company, in its $229 million acquisition of the Northern Hemisphere steel mill services operations of Brambles Industrial Services (BIS), a unit of Sydney, Australia-based Brambles Industries Limited.
  • Westinghouse successfully defeats class certification in race discrimination actionIn October 1997, 10 African-American employees at the Savannah River Site sued Jones Day client Westinghouse Savannah River Company, Inc. ("WSRC"), as well as Bechtel Savannah River, Inc., The Babcock & Wilcox Savannah River Company, Inc., and British Nuclear Fuels Ltd. Savannah River Corp.
  • GE prevails in bench trial involving former employee's retaliation claimsJones Day represented General Electric Company in litigation brought by a former employee who alleged that he was terminated for reverse race discrimination complaints he made concerning the selection of a manager.
  • National retail store coordinates discovery in various wage and hour class actions nationwideJones Day represented a national retail store as nationwide coordinating counsel by coordinating the company's position on various key issues and overseeing outside counsel in 38 wage hour class actions pending against the company.
  • NationsBank prevails on summary judgment and defends appeal in case involving ERISA benefits and fiduciary claimsJones Day defended NationsBank Corporation against claims for wrongful denial of disability benefits and breach of fiduciary duty under ERISA.
  • Speaking Engagements

    • April 3, 2019
      PLI's Psychological Issues in the Workplace 2019
    • June 18, 2018
      PLI's Employment Discrimination Law & Litigation 2018
    • May 9, 2018
      Resetting Sexual Harassment and Hostile Work Environments Policies and Reviewing Strategies to More Effectively Implement Such Policies, HR Policy Association
    • May 1, 2018
      Jones Day's Media Labor & Employment Law Roundtable
    • February 13, 2018
      PLI's Wage & Hour Litigation and Compliance 2018
    • October 25, 2017
      Employment Policy Under PresidentTrump: The New DOL's Overtime, Joint Employment,and Independent Contractor Agenda
    • June 12, 2017
      ACI’s 30th National Forum on Wage & Hour Claims and Class Actions
    • April 13, 2017
      PLI's Understanding Employment Law 2017
    • April 2016
      PLI's Understanding Employment Law 2016
    • September 2014
      2014 Labor & Employment Seminar - New York
    • March 19, 2014
      2014 NYU Workshop on Employment Law for Federal Judges
    • November 22, 2013
      Recent Developments in New York Wage and Hour Laws, New York State Bar Association's Fifth Corporate Counsel Institute
    • April 18, 2013
      Bridgeport CLE's FLSA/Wage & Hour 2013 Litigation & Management
    • January 2013
      Recent Developments in Wage and Hour Law, NYSBA Annual Meeting
    • September 23, 2010
      Emerging Technologies & Workplace Privacy: The Evolving Understanding of Privacy Expectations in the Workplace
    • April 2007
      Survey of Recent Developments in ERISA Litigation
    • 2000
      FMLA Update, Council of Education and Management
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