Rich Black is an experienced employment litigator who focuses on representing employers in complex employment litigation matters, including class and collective actions in the wage and hour, employment discrimination, and ERISA breach of fiduciary duty areas. Rich’s practice also focuses on advising employers with respect to compliance measures that reduce wage and hour disputes and other employment-related issues. Rich has advised and defended a wide range of employers in putative class and/or collective action matters, including employers in the retail, technology, financial services, computer services, communications, energy, pharmaceutical, construction, hospitality, travel, and transportation industries.
Rich has specific expertise in issues relating to class/collective action certification under Federal Rule of Civil Procedure 23 and Section 216(b) of the Fair Labor Standards Act, as well as significant experience handling issues related to the use of statistical analysis and "social science" expert testimony in single plaintiff, multi-plaintiff and class action employment discrimination matters. Rich has also briefed ERISA appellate issues, including class certification and breach of fiduciary duty issues, before both the United States Supreme Court and the Seventh Circuit Court of Appeals. He was a member of the trial team – focusing on expert issues – that successfully defended a major airline against allegations of breaches of fiduciary duties under ERISA.
In addition to representing employers in class and/or collective action litigation, Rich regularly appears in state and federal courts, and government agencies, including the Department of Labor and Equal Employment Opportunity Commission, in single-plaintiff and multi-plaintiff matters related to:
- The Fair Labor Standards Act (FLSA)
- Title VII
- The Americans with Disabilities Act (ADA)
- The Age Discrimination in Employment Act (ADEA)
- The Equal Pay Act (EPA)
- State and local anti-discrimination and equal pay statutes
Prior to joining Littler, Rich was a longtime member of a prominent labor and employment practice group at another firm where he represented employers across a wide range of industries in single-plaintiff, multi-plaintiff, and class and collective action litigation involving employment discrimination, wage and hour and ERISA breach of fiduciary duty issues.
While attending the University of Iowa, College of Law, Rich served as managing editor of the Iowa Law Review.
PROFESSIONAL AND COMMUNITY AFFILIATIONS
- Member, Labor and Employment Section - American Bar Association
- Member, Labor and Employment Section - District of Columbia Bar
RECOGNITION
- Collegiate Scholar, The University of Iowa, 1992
- Outstanding Achievement Scholar, Temple University, 1988-1990
PUBLICATIONS AND PRESS
- April 17, 2013Thomson Reuters Westlaw Journal Employment
- March 7, 2013Littler Insight
- June 29, 2012Law360.com
- June 20, 2012Littler ASAP
- April 25, 2012Pharmaceutical Executive
- March 27, 2012Law360.com
- March 22, 2012Littler ASAP
- August 25, 2011Littler ASAP
- September 28, 2010Littler Press Release
- Spring 2005The Increasing Risk of Legal Challenges to an Employer's Compensation Policies and Practices: Considerations for Self-Assessment
Co-author: Christopher P. ReynoldsThe Journal of Investment Compliance
BOOKS & BOOK CHAPTERS
- Civil Practice and Procedure, Employee Benefits Law, Chapter 12, Section of Labor and Employment Law – American Bar Association (ABA) and Bloomberg BNA, 3rd Ed., contributing author, 2012
- Class Certification Under Rule 23, Littler Mendelson on Employment Law Class Actions, Chapter 9, LexisNexis, 2nd Ed., chapter co-editor, 2012
SPEAKING ENGAGEMENTS
- June 13, 2013Supreme Court Update - Employment Class and Collective Actions
DC Bar - February 10, 2011New York Benefits Summit
Littler Mendelson, New York, NY - 2008Mediation in Class Action Cases
DC Bar