Samuel S. Shaulson

Partner

Sam S. Shaulson is a partner in Morgan Lewis's Labor and Employment Practice. Mr. Shaulson is a co-chair of the Labor and Employment Practice's Financial Services Group, and serves on the firm's Advisory Board. He focuses his practice on labor and employment law and has represented clients in cases involving unpaid overtime and minimum wage; employee allegations of sexual harassment; defamation; breach of contract; the denial of employee benefits; free speech violations; discrimination based on age, race, sex, national origin, and disability; whistleblower claims; and related matters. He also regularly advises financial services, pharmaceutical, retail, and other clients on executive compensation, bonus plans, employment policy issues, wage and hour issues, employment testing, reductions in force, and whistleblower, termination, and discrimination matters. He has represented clients in traditional labor matters under the National Labor Relations Act and the Railway Labor Act and has negotiated both collective bargaining agreements and individual employment contracts.

In addition, Mr. Shaulson routinely handles complex litigation matters and has represented clients in more than 75 class and collective actions, including cases involving Title VII, the Americans with Disabilities Act, the Fair Labor Standards Act, state wage and hour laws, and common law negligence. He has appeared in state and federal courts in the civil and criminal context, as well as before various administrative agencies.

Mr. Shaulson’s experience includes:

• Represented the Securities Industry and Financial Markets Association in a landmark decision from New York’s highest court, ruling that an employer can make adjustments for assistant compensation costs, errors, losses, marketing expenses, and other business costs as part of the calculation of commissions without violating the wage deduction law.
• Defeated class certification for a major financial institution in an action claiming that financial advisors were denied overtime pay and their wages were subject to improper deductions.
• Defeated nationwide collective action certification for a major financial institution in an action claiming that loan officers were denied overtime pay.
• Defeated nationwide class certification for a major telecommunications company in one of the largest discrimination class actions ever brought, claiming that African-Americans were denied promotions into management, were subject to unequal pay, were subject to employment tests having a disparate impact, and were subject to race-based, subjective stereotyping.
• Obtained summary judgment on claims that information technology professional was misclassified as overtime exempt, thereby mooting class and collective action claims.
• Defeated class certification of claim that financial services sales representatives were required to work off-the-clock.
• Obtained summary judgment in information technology overtime misclassification case where the court ruled that a reclassification of employees from exempt to nonexempt does not raise an issue of fact for trial or create an issue of fact on willfulness.
• Defeated class and collective action certification in a case claiming that accountants were misclassified as overtime exempt.
• Obtained dismissal of class and collective action based on arbitration agreement containing a class and collective action waiver.
• Defeated nationwide collective action certification and class certification for a large retailer in an action claiming that store managers and assistant store managers were denied overtime pay.
• Defeated nationwide class certification for a major U.S. air carrier in an action testing the compatibility between the American Disabilities Act and Rule 23 of the Federal Rules of Civil Procedure.
• Defeated a TRO and a preliminary injunction in an action seeking to enjoin a major computer company from releasing its latest enterprise backup and storage software.
• Prosecuted more than 150 criminal defendants at the Philadelphia District Attorney's Office for crimes such as aggravated assault, gun possession, robbery, burglary, possession with intent to distribute, theft, and DWI.

Mr. Shaulson frequently provides training to employees and managers on matters that include preventing sexual harassment and discrimination in the workplace. He has addressed topics such as "Mediating Wage and Hour Class and Collective Actions" for JAMS Arbitrator and Mediator Training, and he facilitated the first annual "Program on Mediator Skills Training for ADR Neutrals" for the New York University Center for Labor and Employment Law.

From 2007 through 2011, Mr. Shaulson has been named one of the leading U.S. lawyers for employment law by Chambers USA, based on the views of clients, peers, and other industry professionals. Chambers reported that Mr. Shaulson's clients call him "extremely bright, practical, responsive, and thorough."

Mr. Shaulson is admitted to practice in New York and New Jersey and before the U.S. Courts of Appeals for the Second, Third, Fourth, Seventh, and Eighth Circuits; the U.S. District Courts for the Southern, Eastern, Northern, and Western Districts of New York; the U.S. District Court for the District of New Jersey; and the U.S. District Court for the District of Connecticut.