Brodie W. Herrman represents employers nationwide in high-stakes wage-and-hour class, collective, and representative actions. He works with clients ranging from Fortune 50 corporations to closely held and privately owned businesses to manage litigation risk, defend complex employment claims, and develop practical solutions to workplace challenges. As a member of Ogletree Deakins’ Class Action Practice Group, his practice focuses heavily on the hospitality, manufacturing, retail, construction, and federal contracting industries.
Brodie regularly represents employers in high-exposure wage-and-hour matters where potential class and collective action liability can create substantial financial and operational risk. He has litigated wage-and-hour class and collective actions in state and federal courts nationwide and has handled every phase of complex employment litigation, including dispositive motions, expert challenges, class certification proceedings, trial, and appeal. His experience includes trying a wage-and-hour class action through jury verdict, successfully obtaining judgment as a matter of law following the verdict, and defending that victory before the U.S. Court of Appeals for the Third Circuit. He has also successfully opposed class certification and collective treatment in both Rule 23 and FLSA matters, successfully challenged expert testimony in complex wage-and-hour litigation, including testimony offered by economists regarding classwide liability and damages issues, and developed creative litigation strategies that have resulted in early resolutions or significantly narrowed the scope of proposed class and collective actions, reducing litigation exposure and allowing employers to focus on business operations.
Drawing on his experience in complex employment litigation, Brodie works with employers to identify practical and efficient strategies for managing litigation risk, including opportunities to resolve claims early or limit the scope of proposed class and collective actions. He believes that effective representation requires understanding not only the legal issues involved but also the client’s business, operations, and industry. As a result, he takes the time to learn how his clients’ workplaces function day to day and incorporates those operational realities into his litigation strategy.
In addition to defending employment litigation, Brodie works with employers to identify and address workplace risks before they develop into disputes. He regularly advises employers on wage-and-hour compliance issues, including employee classification, compensation practices, and pay policies, and helps organizations implement practical solutions to address issues identified during litigation, audits, and internal reviews. He also represents businesses in the construction, federal contracting, restaurant, and private investment sectors.
Before joining Ogletree Deakins, Brodie represented plaintiffs and defendants in complex commercial and class action litigation nationwide. His experience included litigating class certification issues in both state and federal courts on behalf of both plaintiffs and defendants, giving him experience developing and challenging the theories that frequently drive class and collective actions.
Outside of the firm, Brodie is actively involved in civic and community organizations throughout the Kansas City metropolitan area. He currently serves on the Prairie Village Civil Service Commission, where he participates in matters involving police department personnel decisions, disciplinary proceedings, and administrative hearings.
