Thomas A. Linthorst

As lead counsel, Tom defeated class and collective action certification in numerous cases, and prevailed on the merits in others. He represents clients defending misclassification and off-the-clock cases, as well as compensation disputes and cases alleging other wage and hour violations. He partners with employers to review and audit their wage and hour practices to prevent litigation. Tom is co-leader of the firm’s national wage and hour practice.

Tom counsels employers on arbitration agreements with class and collective action waivers and assists employers in drafting, implementing, and enforcing such agreements.

Tom represents employers in preventing and defending whistleblower claims, including claims under the Sarbanes-Oxley Act (SOX), the Dodd-Frank Act, and New Jersey’s Conscientious Employee Protection Act (CEPA). Tom works with employers to draft and implement whistleblower policies and procedures, counsels employers on investigating whistleblower claims, and defends employers against whistleblower claims before the US Department of Labor (DOL) and in the courts. Tom is co-leader of the firm’s national whistleblowing and retaliation task force.

Tom also advises employers on individual and group termination decisions, leaves of absence, accommodating disabilities, workplace privacy, and employment agreements. He defends employers against discrimination, harassment, and retaliation claims, including under the Americans With Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and state law.

Tom counsels employers on trade secret and restrictive covenant issues, and litigates related claims in state and federal courts.

Tom regularly speaks on and writes about overtime and other wage and hour issues, as well as whistleblowers, leaves of absence, trade secrets, and workplace privacy issues that involve e-mail and Internet use.