Justin M. Swartz
JUSTIN M. SWARTZ, a partner at Outten & Golden LLP in New York and Co-Chair of its Class Action Practice Group, represents employees in class action wage/hour and discrimination cases, as well as individual discrimination cases and other employment matters. He is also Co-Chair of the firm’s Public Interest Committee.
Mr. Swartz is currently litigating cases challenging the practice of classifying workers as independent contractors and failing to pay overtime compensation. He and Outten & Golden LLP's Public Interest Committee have represented hundreds of low-wage workers in minimum wage and unpaid overtime cases, including construction workers, farm workers, and low-wage cleaning workers in their claims that large contractors failed to pay them overtime compensation for their work cleaning buildings around Ground Zero in 2001.
Mr. Swartz has also represented workers in employment discrimination claims against companies that have refused to hire minorities with criminal records, systemic gender discrimination claims against a major utility company; and several individual race, gender identity, sexual orientation, and national origin discrimination cases. He has represented hundreds of female and African American stock brokers in nationwide discrimination class action lawsuits against the country’s leading brokerage firms, including Merrill Lynch, Bank of America, Goldman Sachs, and Smith Barney.
Mr. Swartz frequently works with non-profit organizations on public interest matters including successfully representing a formerly incarcerated security guard in a licensing hearing in conjunction with MFY Legal Services and representing three low-wage immigrant women in sexual harassment, assault and battery, and overtime claims as co-counsel with the ACLU Women's Rights Project. While living in Chicago, he volunteered at First Defense Legal Aid, providing emergency representation for recent arrestees and documenting police misconduct.
- DePaul College of Law
- J.D. (1998) | Law
- Honors: with Honors, Order of the Coif, 1998
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- A Puzder-Led Labor Department Would Make Life Much Harder for U.S. Workers
- O&G Employment Law Blog
- Stalled Overtime Rules Will Hurt All U.S. Workers, Including Trump Voters
- O&G Employment Law Blog
- New York Attorney General Says Domino's Pizza Is "Joint Employer" in Wage Theft Scheme
- O&G Employment Law Blog
- FLSA Collective Action Notice Issues
- Labor & Employment Law, Section of Labor and Employment Law, American Bar Association
- Overtime Class of Duane Reade Assistant Store Managers Conditionally Certified
- O&G Employment Law Blog
- Speaker, Moderator: "Arbitration Administrators Hear From NELA Lawyers On The Challenges They Face In Arbitration," National Employment Lawyers Association, 2019 Spring Seminar (Denver, CO) 2019
- Speaker: "View from the Plaintiffs’ Bar: Adapting Your Defense Strategies to New and Innovative Techniques and Tactics," American Conference Institute, 26th National Forum on Wage & Hour Claims and Class Actions (Miami, FL) 2018
- Panelist: "Interactive “Ask the Plaintiff’s Bar," American Conference Institute'2 29th National Forum, Wage & Hour Claims and Class Actions (Miami, FL) 2017
- Panelist: "FLSA/Wage & Hour Issues in US Sport," Sports Lawyers Association, 2017 Annual Conference (Denver, CO) 2017
- Moderator: "Co-Counseling & Cooperating with Other Plantiffs' Lawyers (Or Playing Nice in The Sandbox)," NELA, 2016 Annual Convention (Los Angeles, CA) 2016
- Best Lawyers in America 2016 - 2019
- Best Lawyers
- "Lawyer of the Year" for Litigation - Labor and Employment, New York City
- Best Lawyers
- Super Lawyer 2013-2018
- Super Lawyers
- 500 Leading Plaintiff Employment Lawyers
- Lawdragon
- Rising Star 2011-2012
- Super Lawyers
- National Employment Lawyers Association
- Co-Chair, Wage and Hour Committee
- Current
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- National Employment Lawyers Association/New York Affiliate
- Executive Board
- Current
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- American Constitution Society
- Member
- Current
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- Americans United for Separation of Church and State
- Member
- Current
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- New York State Bar # 4059499
- Member
- - Current
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- Association of the Bar of the City of New York
- Member: Civil Rights Committee
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- American Bar Association
- Co-chair, Ethics & Professional Responsibility Committee
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- Association of the Bar of the City of New York
- Member, Labor and Employment Law Committee
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- Illinois
- Supreme Court of Illinois
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- New York
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- Employment Law
- Employee Benefits, Employment Contracts, Employment Discrimination, ERISA, Overtime & Unpaid Wages, Sexual Harassment, Whistleblower, Wrongful Termination
- Class Actions
- Wage and Hour Law
- Employment Discrimination
- English