Matthew W.Lampe (Matt)

Practice Leader Labor & Employment

New York + 1.212.326.8338

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Matthew Lampe, co-head of Jones Day's global Labor & Employment Practice, represents employers throughout the country in class action and other complex litigation. Matt has prevailed in numerous discrimination, wage and hour (Fair Labor Standards Act), harassment, retaliation, and wrongful discharge matters at the trial and appellate levels. He has extensive experience litigating joint employer and independent contractor disputes. He also defends companies in mass arbitration and in EEOC (Equal Employment Opportunity Commission) and DOL (Department of Labor) investigations alleging systemic violations.

With more than 30 years of experience representing employers, Matt seeks comprehensive solutions to clients' most complex litigation challenges. In addition to defending clients in court, he advises on strategies for protecting operational prerogatives while reducing the risk of future claims. He has been consistently named one of the top employment litigators in America by Chambers USA, Best Lawyers, The Legal 500 US, Lawdragon, New York Super Lawyers, and Benchmark Labor & Employment. Clients praise Matt as "a fantastic strategist with a broad view but also a mastery of the granular details" and "extremely business-savvy" (Chambers USA), and in 2021, he was named "Lawyer of the Year, Labor Law — Management (New York)" by Best Lawyers in America.

Matt is a Fellow of The College of Labor and Employment Lawyers. In 2021, he was appointed to the Strategic Litigation Advisory Committee for the U.S. Chamber Litigation Center. Matt coauthored the Employment Discrimination chapter of Business and Commercial Litigation in Federal Courts, Fifth edition, and serves as a chapter editor for The Fair Labor Standards Act, American Bar Association Section of Labor and Employment Law.

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Experience

  • IBM wins Second Circuit victory rejecting wave of challenges to timeliness provision in arbitration agreementJones Day successfully defended International Business Machine Corporation ("IBM") in dozens of lawsuits seeking to invalidate a key provision in an arbitration agreement.
  • Flowers Foods wins significant Second Circuit appeal regarding scope of "transportation worker" exemption to Federal Arbitration ActJones Day won a significant victory for client Flowers Foods, Inc. and its subsidiaries in a Second Circuit appeal regarding the scope of the "transportation worker" exemption to the Federal Arbitration Act, a critical area of the law for employers that has divided courts of appeals.
  • Insurance company obtains full victory in nationwide putative class actionJones Day secured a full victory for a large national insurance company and several affiliated entities in a nationwide putative class action asserting RICO fraud claims and wage and hour claims in connection with the client’s design and operation of several independent contractor agent programs
  • Aetna summary judgment win and dismissal of nationwide putative wage-hour class action affirmed by Second CircuitJones Day secured a victory on behalf of Aetna Life Insurance Company at the Second Circuit Court of Appeals, who affirmed summary judgment in favor of Aetna and the dismissal of a nationwide collective action under the Fair Labor Standards Act.
  • McDonald’s successfully resolves groundbreaking NLRB litigationJones Day successfully represented McDonald's USA, LLC and McDonald's Restaurants of Illinois, Inc., in the largest consolidated National Labor Relations Board (NLRB) litigation matter ever and one of the most important labor cases in the United States today.
  • Flowers Foods defeats conditional certification in FLSA collective actionOn behalf of Flowers Foods, Inc., Jones Day defeated a motion to conditionally certify a proposed Fair Labor Standards Act class of bakery product distributors in the State of New York.
  • Amici curiae assist in Supreme Court rejection of FLSA exemptions interpretationJones Day represented the U.S. Chamber of Commerce, The National Federation of Independent Business, and Retail Litigation Center as amici curiae in connection with a brief in support of the employer’s position in Encino Motor Cars LLC v. Navarro, No. 16-1362 (U.S.).
  • Verizon obtains summary judgment and defeats class certification in putative wage-hour collective actionJones Day won summary judgment for Verizon New York in a putative collective/class action alleging overtime violations, resulting in the court denying plaintiffs’ motion for conditional class certification.
  • National restaurant chain obtains dismissal of FCRA class actionJones Day represented a national restaurant chain in this class action lawsuit brought against them and one of their franchisees, alleging violations of the Fair Credit Reporting Act.
  • IBM decertifies class of call center employees in Fair Labor Standards Act collective actionOn behalf of International Business Machines Corporation, Jones Day successfully moved for decertification of a class of call center employees in a Fair Labor Standards Act collective action.
  • 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.
  • Alderwoods defeats class certification in collective action brought under FLSA in PennsylvaniaOn September 9, 2011, Judge Joy Flowers Conti granted Alderwoods Group, Inc.'s motion to decertify a collective action brought under Section 216(b) of the Fair Labor Standards Act in Prise, et al. v. Alderwoods Group, Inc.
  • AstraZeneca obtains dismissal in class action alleging misclassificationJones Day earned a quick victory for AstraZeneca in Shatto v. AstraZeneca, in which Plaintiff alleged that he and other pharmaceutical sales representatives nationwide were misclassified as exempt from the FLSA's overtime pay requirements.
  • Alderwoods defeats class certification in nationwide off-the-clock caseJones Day defeated the plaintiffs' effort to obtain class certification of nationwide and California classes in an off-the-clock wage and hour action against Alderwoods Group, Inc., a subsidiary of Service Corporation International, Inc.
  • Hilton Worldwide Inc.-owned Waldorf-Astoria obtains voluntary dismissal in class action brought by banquet waitersOn behalf of Hilton Worldwide Inc.-owned Waldorf-Astoria, Jones Day obtained voluntary dismissal of a class action brought by banquet waiters at the famed Waldorf Astoria Hotel in New York City.
  • Dick's Sporting Goods prevails on preemptive motion to deny class certification in nationwide off-the-clock caseJones Day successfully defended Dick's Sporting Goods, Inc. in this nationwide case seeking class action status under the laws of more than 30 states and under the FLSA.
  • 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.
  • Scotts Company secures Second Circuit affirmance of sanctions award and dismissal of discrimination actionJones Day obtained monetary sanctions against Plaintiff and her counsel for frivolous filings and, further, persuaded the Court to dismiss Plaintiff's claims of race, gender, and disability discrimination and enter judgment for The Scotts Company due to Plaintiff's repeated failure to comply with discovery orders.
  • Alderwoods obtains dismissal of plaintiff's Rule 23 state law claimsJones Day is defending Alderwoods Group, Inc. in this nationwide "off the clock" collective action.
  • AstraZeneca defeats pharmaceutical representative misclassification claims and class certification in Pennsylvania, New York, and CaliforniaJones Day obtained summary judgment and defeated class certification on behalf of AstraZeneca in a trio of pharmaceutical industry class actions in which plaintiffs contended that the company misclassified pharmaceutical sales representatives as exempt from state-law overtime requirements and sought to represent employees statewide.
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    February 2024 Alert

    New Year, New Mass Arbitration Rules From the AAA

    January 2024 White Paper

    January 2024 Updates to Minnesota Employment Laws and Next Steps for Employers

    December 2023 White Paper

    A Review of 2023 Labor & Employment Legislation in California

    November 2023 Alert

    New York State Limits Remedies for Breach of Nondisclosure Provisions in Settlement Agreements

    June 2023 Alert

    Amended New York WARN Regulations Now in Effect

    April 2023 Commentary

    New Jersey WARN Act Amendments Expanding Coverage and Increasing Severance and Notice Requirements Now in Effect

    March 2023 White Paper

    Australian Reforms Tackle Psychosocial Hazards, Including Sexual Harassment, in the Workplace

    January 2023 White Paper

    FAQs for Recent FTC Actions Against Employer/Employee Non-Compete Clauses

    January 2023 White Paper

    A Review of 2022 Labor & Employment Legislation in California

    December 2022 Alert

    New York State Prohibits Retaliation Against Employees Who Use Legally Protected Leave

    View All

    Additional Publications

    • September 2016
      The Impact of the DOL's New White Collar Regulations: Do You Need to Reclassify Four Million Employees?, 2016 Jones Day Labor & Employment Law Discussion Group
    • June 25, 2012
      Warding Off Discovery In Employment Class Actions, Employment Law360
    • February 12, 2010
      New York Department of Labor Revises WARN Regulations
    • February 10, 2010
      Managing Risks Through Compliance Programs and First Alert Procedures, Practising Law Institute Conference on Managing Wage & Hour Risks 2010
    • 2009
      Wage/Hour Jeopardy: The Regular Rate of Pay Under the Fair Labor Standards Act and Calculating Overtime for Non-Exempt Employees, The American Bar Association Section of Labor and Employment Law National Conference on Equal Employment Law

    Speaking Engagements

    • November 2, 2022
      New York Developments: Bans on the Use of Artificial Intelligence; Enhanced Retaliation Protections; Expanded Wage-Hour Causes of Action; and More, 2022 Annual New York Labor & Employment Law Discussion Group
    • May 16, 2018
      European Labor & Employment Conference 2018
    • May 1, 2018
      Developing L&E Topics: Joint/Single Employer, No-Hire/No-Poaching Agreements, and Other Topics, Jones Day Media Labor & Employment Roundtable
    • 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
      New York Labor & Employment Law Discussion Group, Conference Chair
    • September 14, 2017
      Employment Policy Under President Trump: The New DOL’s Overtime, Joint Employment, and Independent Contractor Agenda, 9th Annual Labor & Employment Law Discussion Group
    • May 18, 2017
      European Labor & Employment Conference 2017
    • March 1, 2017
      PLI's Wage & Hour Litigation and Compliance 2017
    • January 26 - 27, 2017
      2017 Airline and Railway Labor and Employment Roundtable
    • October 14, 2016
      Strategic Considerations in Wage & Hour and Class and Collective Action, Ohio State Bar Association's 53rd Annual Midwest Labor and Employment Law Seminar
    • May 19, 2016
      European Labor & Employment Conference 2016
    • February 8, 2016
      PLI's Wage & Hour Litigation and Compliance 2016
    • May 21, 2015
      Jones Day’s European Labor & Employment Conference 2015: Managing Change Across Europe
    • March 2015
      PLI's Understanding Employment Law 2015 - New York
    • September 2014
      2014 Labor & Employment Seminar - New York
    • May 15, 2014
      European Labor & Employment Conference 2014: Managing Today’s Employment Relationships Across Europe
    • March 2014
      PLI's Understanding Employment Law 2014
    • April 2013
      PLI's Understanding Employment Law 2013 - New York
    • February 11, 2013
      PLI’s Managing Wage & Hour Risks 2013
    • March 2012
      PLI's Understanding Employment Law 2012
    • February 13, 2012
      PLI’s Managing Wage & Hour Risks 2012
    • November 9, 2011
      Recent Developments in Wage-Hour Class Actions and Related Strategic Considerations, College of Labor and Employment Lawyers
    • October 19, 2011
      Supreme Court Round-up: The Blockbuster Employment-Law Decisions from 2011, New York City Bar Association
    • September 21, 2011
      Ensuring Ethical Conduct in the Litigation and Settlement of Wage and Hour Claims, ACI's 13th National Forum on Wage and Hour Claims and Class Actions
    • August 2, 2011
      Employment Law Essentials: What New York Practitioners Need to Know About Leaves of Absence, Overtime, Retaliation & More, New York City Bar Association
    • February 7, 2011
      PLI’s Managing Wage & Hour Risks 2011
    • February 1, 2011
      Settlement Considerations: Assessing the Benefits, Calculating Damanges, and Settlement Structure and Administration, ACI's 11th National Forum on Wage & Hour Claims and Class Actions
    • May 21, 2010
      Class Action Settlement Considerations, ACI's 9th National Forum on Wage & Hour Claims and Class Actions
    • February 10, 2010
      Managing Risks Through Compliance Programs and First Alert Procedures, Practising Law Institute Conference on Managing Wage & Hour Risks 2010
    • October 21, 2009
      Capitol Update on Legislative, Regulatory, and Supreme Court Developments, Society of Human Resources Management, New York Legislative and Legal Conference
    • June 2009
      2009 Labor & Employment Legislative and Regulatory Briefing
    • May 19, 2009
      ACI's 7th National Advanced Forum on Wage & Hour Claims and Class Actions
    • April 1, 2009
      Wage/Hour Jeopardy, ABA National Conference on Equal Employment Opportunity Law
    • September 17, 2008
      Current Exempt Status Challenges in Litigation, PLI Teleconference
    • March 5, 2008
      2008 Health Care Labor & Employment Symposium, New Wave Of Wage And Hour Litigation and Related Issues
    • February 26, 2008
      Fair Labor Standards Act Hot Topics, ABA Teleconference
    • November 30, 2007
      Overtime and Minimum Wage Requirements Considerations under Federal and NYS Law, New York City Bar Association
    • November 8, 2007
      Litigating Wage and Hour Class Cases From A to Z, ABA Section of Labor and Employment Law Annual Conference
    • April 25-26, 2007
      ACI's 4th National Forum on Wage & Hour Claims and Class Actions
    • February 7, 2007
      Class/Collective Actions: Emerging Trends, Columbus Bar Association Labor and Employment Committee
    • February 5, 2007
      Health Care Labor & Employment Conference
    • April 7, 2006
      Class Action Symposium, UMKC School of Law
    • March 16, 2006
      Federal Judges Workshop on Employment Law, Federal Judicial Center
    • May 20, 2004
      New York University School of Law's 57th Annual Conference on Labor

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