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Daniel L. Messeloff

Partner
Cleveland, OH | D 216.696.5898 | F 216.592.5009
overview

Daniel Messeloff works with companies ranging from multinational corporations to start-ups and small businesses to address, manage, and resolve their employment, labor, and other legal issues.

With more than 15 years of experience, Dan knows when to settle claims and when to aggressively defend clients in court. He approaches each matter with the goal of minimizing clients’ potential legal liability and maximizing their overall business success. Whether drafting or revising corporate policies, leading employee training sessions, advising on compliance issues, or defending clients in trial, Dan works efficiently and effectively to resolve clients’ legal issues.

An experienced litigator, Dan defends clients in disputes of all sizes arising under federal, state, and local laws prohibiting unlawful discrimination and harassment, as well as cases arising under the Employee Retirement Income Security Act of 1974 (ERISA), data privacy laws, and general commercial matters. He has litigated many multimillion-dollar employment lawsuits, including class- and collective-action claims and single-plaintiff discrimination cases. In leading the litigation of class action lawsuits, Dan handles all substantive and procedural aspects, including the investigation of potential claims, responding to complaints, motion practice, discovery, and class certification issues. He also represents clients in labor arbitrations, NLRB proceedings, and before federal courts.

A sought-after speaker, Dan has presented on the topics of employment law and wage and hour issues to hundreds of corporate professionals. He has been published in major publications, including The New York Times, The Chicago Tribune, USA Today, The Washington Post, The Columbus Dispatch, and The New York Law Journal. He has also edited and contributed to both the Employment Class and Collective Actions blog and the Class Action Trends Report newsletter.

While in law school, Dan clerked for Judge Michael Mukasey, Chief Judge of the United States District Court for the Southern District of New York, who later served as Attorney General of the United States.

Before law school, Dan was a sportswriter for the National Baseball Hall of Fame, ESPN Magazine, Bloomberg News, and other publications.

In his spare time, Dan enjoys reading, baseball, and spending time with his family.

education & admissions

education

  • Fordham University School of Law (J.D., 2001)
  • Washington University in St. Louis (B.A., 1996)

state admissions

  • Ohio, 2005
  • New York, 2003

federal admissions

  • Supreme Court of the United States
  • United States Court of Appeals, Sixth Circuit
  • United States District Court, Eastern District of New York
  • United States District Court, Southern District of New York
  • United States District Court, Northern District of Ohio
  • United States District Court, Southern District of Ohio

certifications

  • OSBA Certified Specialist in Labor and Employment Law
experience

Representative Cases

  • Served as first chair in several nationwide class- and collective-action lawsuits alleging violations of the Fair Credit Reporting Act, the Fair Labor Standards Act, ERISA, state-law claims, and other laws
  • Represented foodservice client in defense of collective action, resulting in decertification of class and restructuring of client’s operations to ensure compliance with law and minimize risk of future legal claims
  • Represented food production client in defense of collective action, resulting in favorable settlement of claim and reassessment of client’s reporting structure in order to minimize risk of future liability
  • Represented retail client in defense of wage and hour collective action, resulting in plaintiffs’ voluntary dismissal of claim with no payment by client
  • Represented defendant in an action seeking modification of retiree health benefits
  • Represented defendants in cases alleging denial of benefits under ERISA
  • Represented defendants in actions alleging breach of fiduciary duty under ERISA and related claims
publications & events

Recent Speaking Engagements

  • "Human Slavery – Yes, Slavery – All Around Us: Human Trafficking in the Modern Workforce, How You May Be Legally Liable for It, and What You Can Do to Help Stop It," 2017 In-House Counsel Summit, Tucker Ellis LLP, Cleveland, Ohio (October 2017)
  • "The Future of Employment Law Under President Trump: Heaven, Hell, or Somewhere In Between?," 17th Annual Labor & Employment Law Conference, Cleveland Metropolitan Bar Association (April 2017)
  • "Dismissing the ‘Class’: Strategies for Avoiding, Preventing and Defending Class Action Lawsuits," Ohio State Bar Association, Columbus, Ohio (November 2016)
  • "Just Say No? Guns and Marijuana in the Workplace," Cleveland Metropolitan Bar Association, Cleveland, Ohio (October 2016)
  • "Managing the Upcoming Changes to the FLSA Exemption Regulations: What to Expect and How to Handle Your Employees Under the New Laws," Ohio State Bar Association, Columbus, Ohio (June 2016)
  • "American Labor & Employment Law," Human Resource Professional Association of Canada, Toronto, Toronto, Canada (June 2016)
  • "Joint Employer Liability," Association of Corporate Counsel, Cleveland, Ohio (April 2016)
  • "Top Human Resource Strategies to Reduce Potential Liability and Overview of Changes to DOL Regulations," Cleveland Metropolitan Bar Association, Cleveland, Ohio (November 2015)
  • "Recent Wage and Hour Developments," 12th Annual Northern Ohio Labor & Employment Law Conference, Cleveland Metropolitan Bar Association, Cleveland, Ohio (May 2012)
  • "Reducing the Potential for Discrimination and Harassment Liability," National Business Institute, Cleveland, Ohio (October 2010)
  • Six-Part Series of Seminars on Human Resources/Employment Law, Key Bank Corporate College, Cleveland, Ohio (Spring 2010)

Recent Publications

  • "Think A Class Is Certified? Not So Fast … Second Circuit Affirms Decertification of Class Even After Jury Verdict, Overturning Jury Award," Employment Class and Collective Actions blog, September 23, 2016
  • "Ninth Circuit Affirms Dismissal of Wage-Hour Class Action Where Employees Could Edit Their Own Time Entries," National Law Review (May 2016)
  • "U.S. Supreme Court Finds Representative Statistically Valid Evidence Supports Wage-Hour Class Certification," National Law Review (March 2016)
  • "Sixth Circuit Makes It Harder for Employers to Defeat ‘Bald Assertions’ of Wage Violations in Collective Actions," National Law Review (September 2015)
  • "How Has Wal-Mart, Inc. v. Dukes Impacted Ohio Class Actions?," Ohio Association of Civil Trial Attorneys Quarterly Review (Fall/Winter 2013)
  • "Inattention to Payroll Opens Firms to Claims of Fair Labor Act Violations," Crain’s Cleveland Business (December 2009)
  • "Argument for the 'Opposition': The Supreme Court Clarifies Employees' 'Opposition' as Protected Activity," Cleveland Metropolitan Bar Association Journal (May 2009)

Media Quotes

  • "5 Tips to Help Employers Stave Off Workplace Violence," Law360 (June 2017)
honors

Awards & Professional Recognition

  • The International Association of Privacy Professionals, Certified Information Privacy Professional
  • Martindale-Hubbell Law Directory, Distinguished® rating
  • Ohio Super Lawyers® (2017, 2018)
  • Ohio Super Lawyers Rising Stars® (2010-2014)
  • The Best Lawyers in America® (2016-2018)
affiliations
in the community

Civic & Professional Involvement

  • Cleveland Metropolitan Bar Association
    • Board Member
    • Litigation Section, Chair
    • Leadership Academy, Established Leader Cohort Member (2017-2018)
    • Labor & Employment Law Section, Past Chair
  • Ohio State Bar Association
  • American Bar Association
    • National Institute on Class Actions, Planning Committee
  • Federal Bar Association
    • Northeast Ohio Chapter, Board Member
  • Lakeland Community College, Past Adjunct Instructor in Legal Issues
  • Beachwood Chamber of Commerce, Board Member