Elizabeth B.McRee (Liz)

Practice Leader Labor & Employment

Chicago + 1.312.269.4374

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Liz McRee has more than 20 years of experience representing corporate clients in class action and complex employment litigation in state and federal courts across the country. She handles cases arising under state and federal wage and hour and antidiscrimination laws, including the Fair Labor Standards Act, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. Liz has extensive experience in wage and hour matters and has a strong record of defeating certification in class and collective actions. She is co-leader of the Firm's Labor & Employment Practice.

In addition to representing employers in litigation, Liz advises corporate clients on a variety of labor and employment issues, including sensitive executive, investigations, reductions in force, pay equity audits, wage and hour compliance, and restrictive covenants. She also has substantial experience advising clients on independent contractor classification issues and joint employment risk mitigation.

Liz was named a 2023 Notable Leader in Employment & Labor Law by Crain's Chicago Business, a 2022 Midwest Trailblazer by The American Lawyer, and a 2021 Employment Law Trailblazer by The National Law Journal. She is a frequent speaker on class action and employment law topics. She is a former vice chair and chair of The Chicago Bar Association Labor & Employment Committee. She has been recognized for her work and recommended in Chambers USA, The Legal 500, and Lawdragon. Liz is active in the Chicago community and serves on the board of directors of Family Focus, a nonprofit that promotes the well-being of children from birth by supporting and strengthening families in and with their communities.

Experience

  • McDonald’s wins summary judgment in Title VII class action matterJones Day won summary judgment for McDonald’s in a class action against McDonald’s Corporation, McDonald’s USA, and franchisee defendants alleging systemic sexual harassment under Title VII and the Michigan Elliot-Larsen Civil Rights Act on behalf of a class of over 100 women employees at franchisee’s restaurant based on joint employer, agency and apparent agency theories of liability.
  • McDonald's wins summary judgment in California suitable seating PAGA actionJones Day won a significant summary judgment victory for McDonald's Corporation in this representative PAGA action.
  • Large critical infrastructure employer considers implementing COVID-19 testing program for employeesJones Day represented a large critical infrastructure employer during the COVID-19 crisis to consider and assess appropriate protocols and policies for implementing an employee COVID-19 testing program at its sites. This included counseling on myriad federal, state, and local legal and regulatory frameworks as well as forming appropriate partnerships.
  • McDonald's victorious at trial against state-wide California class action wage and hour PAGA claimsJones Day prevailed in gutting the remaining part of a state-wide class and representative action under the California Labor Code Private Attorneys General Act filed against McDonald’s Corporation.
  • McDonald’s defeats attempt to expand class actionOn February 15, 2017, Jones Day and client McDonald’s Corporation successfully blocked plaintiffs’ attempt to certify three new theories of liability in a statewide wage and hour class action.
  • McDonald's wins summary judgment, defeats class certification and PAGA claims in wage and hour class, joint employer actionPlaintiffs filed suit in 2014, seeking to represent more than 1,200 employees at eight McDonald’s restaurants owned by a McDonald’s franchisee in franchises in Oakland, California, against both the franchise owner and the franchisor, arguing that Jones Day client McDonald’s was liable as their joint employer on a variety of wage and hour claims, or that McDonald’s was alternatively liable for those claims under an aiding and abetting, negligence, actual agency, or ostensible agency theory.
  • McDonald’s defeats class certification and PAGA claims in statewide California class action wage and hour caseIn a series of wins, Jones Day client McDonald’s Corporation defeated class action and PAGA claims brought against the company in a California-wide wage and hour lawsuit.
  • Riverside reinvests in SootheJones Day advised The Riverside Company in connection with its investment and acquisition of Soothe, Inc., an online and mobile app that connects people who want to book same-day in-home massages with hand-picked massage therapists.
  • DIRECTV wins dismissal of wage and hour claims in alleged joint employer caseJones Day successfully obtained dismissal of wage and hour claims against DIRECTV in an alleged joint employer case brought forth by former employees.
  • Riverside invests in SootheJones Day advised The Riverside Company in connection with its investment in Soothe, Inc., an online and mobile app that connects people who want to book same-day in-home massages with hand-picked massage therapists.
  • Restaurant companies obtain dismissal of purported statewide minimum wage class action by Florida courtOn December 6, 2013, Jones Day prevailed on behalf of Landry's Inc, and related restaurant companies in Florida on a motion to dismiss a putative state-wide class action brought under Section 24 of the Florida Constitution and the Florida Minimum Wage Act.
  • Pret A Manger successfully limits scope of notice in FLSA collective actionJones Day represents Pret A Manger (USA) Limited in a putative class and collective action matter involving claims under the Fair Labor Standards Act ("FLSA") and New York Labor Law ("NYLL") for unpaid overtime and alleged unlawful tip pooling, among other claims.
  • National retail store prevails in one of the country's largest wage and hour actions when federal court denies class certification involving more than 2,750 assistant managersIn one of the largest wage-hour class action victories in the country, Jones Day represented a national retail store in a putative statewide class action in California involving more than 2,750 assistant managers.
  • Morton's of Chicago decision affirmed by the Florida District Court of AppealOn January 17, 2013, the Florida Fourth District Court of Appeal affirmed the decision of the Circuit Court for the Fifteenth Judicial Circuit (Palm Beach County) that granted Morton's of Chicago motion to compel arbitration.
  • Continental Automotive Systems favorably resolves issues in connection with effects bargaining pertaining to closure of Alabama facilityJones Day represented Continental Automotive Systems U.S., Inc. in connection with effects bargaining, litigation, and multiple grievances pertaining to the closure of the Company's Huntsville, Alabama facility.
  • Morton's of Chicago defeats class certification in putative wage and hour class actionJones Day represented Morton's of Chicago, Inc. against former employee's putative class action on behalf of current and former California assistant managers claiming that they were improperly classified as exempt under California law.
  • Continental Automotive Systems obtains ruling to have putative class action case regarding retiree medical benefits transferredOn March 7, 2011, the United States District Court for the Eastern District of Michigan ruled in favor of Jones Day client Continental Automotive Systems U.S., Inc. ("CAS"), transferring the case to federal court in Alabama in the interest of justice and for the convenience of parties and witnesses.
  • Morton's successfully defeats class certification in wage and hour class action filed on behalf of hourly employeesJones Day represented Morton's of Chicago/San Diego, Inc., in a putative class action brought by hourly restaurant employees alleging failure to provide meal and rest periods, unpaid overtime, inaccurate wage statements, waiting time penalties, and unfair competition claims.
  • Verizon North wins summary judgment in case alleging breach of collective bargaining agreement, wrongful termination and retaliatory dischargeJones Day obtained summary judgment on all counts for Verizon North, Inc. in a case in which the plaintiff alleged that Verizon breached the relevant collective bargaining agreement in violation of Section 301 of the LMRA by refusing to allow him to return to his prior position after a medical leave of absence and terminating his employment after he declined an open position consistent with his medical restrictions.
  • Verizon Business obtains affirmance of summary judgment in Illinois employment action brought by former senior business consultantJones Day successfully defended its client, Verizon Business, against claims of age discrimination, breach of contract, violation of the Illinois Wage Payment and Collections Act, promissory estoppel, and quantum meruit in a complex case that included filings in three different jurisdictions over a two-year period.
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    December 2024 Commentary

    Recent Amendments to Australia's Fair Work Act Impact Whether Independent Contractors Are Deemed "Employees"

    December 2024 Commentary

    Court Rules DOL's ALJ Enforcement Scheme Likely Unconstitutional

    December 2024 Commentary

    New Year, New Illinois Employment Laws

    November 2024 Commentary

    Australian Legislation Limiting Payment of Costs by Unsuccessful Applicants Incentivises Discrimination Litigation

    NOVEMBER 2024 Alert

    California Imposes Mandatory Disclosure Law for Voluntary Child Labor Audits

    October 2024 Alert

    Illinois Becomes Second State to Pass Broad Legislation on the Use of AI in Employment Decisions

    October 2024 Alert

    Employer Prevails in First Test of California's Newest Noncompete Law

    October 2024 Commentary

    NDIL Launches Pilot Program to Encourage Individual Self-Disclosure of Organizational Misconduct

    July 2024 White Paper

    Minnesota Legislature Enacts Pay Transparency Law and Updates Paid Sick Leave and Other Employment Laws

    July 2024 Alert

    Supreme Court Overrules Chevron Deference
    View All

    Additional Speaking Engagements

    • June 6, 2024
      Managing Risk for the “S” in ESG: Pay Transparency, Pay Equity, and DEI Compliance, 2024 Jones Day MCLE University - Chicago
    • May 30, 2024
      Examination of the Upcoming Pay Transparency Obligations, 2024 Jones Day European Labor & Employment Law Conference
    • May 1, 2024
      Workplace Strategies for Employee Wellness, Accommodations, and Leaves, 2024 Annual Minneapolis Labor & Employment Law Discussion Group
    • April 30, 2024
      Coping with Conflict – How to Work Through Conflict with Employees, 2024 HR in Hospitality Conference
    • January 24, 2024
      Artificial Intelligence: How it is Changing the Workforce and Practice of Law, 2024 Federal Bar Association Annual Employment Law Seminar
    • November 30, 2023
      Advancing Diversity and Managing Risk: Corporate Diversity, Equity, and Inclusion Initiatives Post-Harvard/UNC, 2023 Jones Day Labor & Employment Discussion Group - San Francisco
    • November 28, 2023
      Advancing Diversity and Managing Risk: Corporate Diversity, Equity, and Inclusion Initiatives Post-Harvard/UNC, 2023 Jones Day Labor & Employment Discussion Group - Los Angeles
    • November 16, 2023
      Advancing Diversity and Managing Risk: Corporate Diversity, Equity, and Inclusion Initiatives Post-Harvard/UNC, 2024 Jones Day Labor & Employment Discussion Group - New York
    • November 1, 2023
      Advancing Diversity and Managing Risk: Corporate Diversity, Equity, and Inclusion Initiatives Post-Harvard/UNC, 2023 Jones Day Labor & Employment Discussion Group - Chicago
    • June 8, 2023
      Emerging Workplace Trends and Regulatory Changes in 2023, 2023 Jones Day's MCLE University – Chicago
    • May 2, 2023
      DE&I, Affirmative Action and Title VII, 2023 National HR in Hospitality Conference
    • April 26, 2023
      Managing Labor and Employment Risks in the ESG Era, 2023 Jones Day Labor & Employment Discussion Group - Minneapolis
    • November 2, 2022
      Strategies for Complying With Emerging Pay Equity and Pay Transparency Laws, 2022 Annual New York Labor & Employment Law Discussion Group
    • October 13, 2022
      Strategies for Complying With Emerging Pay Equity and Pay Transparency Laws, 2022 Annual Labor & Employment Law Discussion Group
    • October 12, 2022
      ESG 2.0: Compliance and Mitigating Risk, Jones Day's MCLE University
    • May 16, 2018
      European Labor & Employment Conference 2018
    • May 1, 2018
      Jones Day's Media Labor & Employment Law Roundtable
    • April 26, 2018
      Sexual Harassment 2018: Ensuring that Your Company is Not the Next Headline, Cornell Hospitality Thought Leadership
    • April 19, 2018
      Fostering an Environment that Supports Professional Advancement and Success for All Employees, Jones Day's 2018 Health Care & Life Sciences Forum
    • April 11, 2018
      Sexual Harassment in the #MeToo Era: What Companies Need to Know
    • October 12, 2017
      The Brave New World of Law, National Employment Law Council Regional Conference
    • September 14, 2017
      How to Beat Plaintiff Lawyers at Their Own Game: Tips for Defending and Trying Cases Under California's Private Attorneys Genera Act, 2017 Annual Labor & Employment Law Discussion Group
    • September 7, 2017
      Strategic Use of Pre-Trial & Trial Motions to Shape and Win Your Case, ABA Trial Institute
    • September 15, 2016
      The Impact of the DOL’s New White Collar Regulations: Do You Need to Reclassify 4 Million Employees? 2016 Labor & Employment Law Discussion Group
    • June 9, 2016
      Workplace Compliance in 2016: Pay Equity, Overtime Regulations, and the New Wave of Biometrics Lawsuits, Jones Day MCLE University
    • May 14, 2015
      Settlement Considerations in Employment Cases; Chicago Bar Association Labor & Employment Committee Chicago, Illinois
    • December 17, 2014
      Employment Law in the Digital Age; Chicago Bar Association Labor & Employment Committee
    • October 8, 2014
      2014 Labor & Employment Law Discussion Group
    • August 1, 2014
      Arbitration of Employment Claims, 2014 Employment Discrimination Law Update, National Employment Law Institute
    • May 15, 2014
      Employment Contracts: The Ones You Want And The Ones You Don't, Chicago Bar Association Labor & Employment Committee
    • April 30, 2014
      PLI's Understanding Employment Law 2014 - Chicago
    • February 26, 2014
      Title VII Essentials, ABA Section of Labor and Employment Law, Young Lawyers Division and Center for Professional Development
    • November 19, 2013
      Employment Law Update 2013, Chicago Bar Association Labor & Employment Committee
    • September 26, 2013
      Developments in Accessibility Standards and Title III of the ADA, 2013 Hospitality Labor & Employment Discussion Group
    • September 19, 2013
      Litigation Insider: Tips & Trends, 8th Annual Employment Law Conference Law Bulletin Seminars
    • May 14, 2013
      The Shifting Landscape of Labor and Employment Class Actions, Chicago Bar Association Class Action Committee
    • April 9-10, 2013
      Jones Day 2013 Chicago Health Care Conference
    • November 15, 2012
      Planning for 2013 Labor and Employment Law Change: The Impact of the Presidential Election on Your Workforce, Jones Day North Shore Wine Tasting and CLE
    • October 12, 2012
      Class Action Settlements, Bridgeport Continuing Legal Education Annual Wage & Hour Program
    • June 7, 2012
      Jones Day Chicago 2012 MCLE University
    • May 10, 2012
      2012 Hospitality Labor & Employment Discussion Group
    • September 14, 2011
      Law Bulletin Seminars Employment Law Conference
    • May 19, 2011
      Jones Day MCLE University - Chicago
    • April 14, 2011
      2011 Annual Hospitality Labor & Employment Discussion Group

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