Efrat R. Schulman

Efrat Schulman consistently obtains favorable results for her clients, including denial of first stage conditional certification and case dispositive victories in wage-hour, discrimination, and contract matters. For these results, her clients call her "outstanding," earning her a "Next Generation Lawyer" rating by The Legal 500.

Efrat's practice covers the entire scope of labor and employment law, including nationwide class and collective actions under the Fair Labor Standards Act (FLSA) and state wage and hour laws, discrimination lawsuits, and trade secret and restrictive covenant matters. She represents employers before state and federal courts and administrative agencies in matters stemming from Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Family and Medical Leave Act (FMLA), the National Labor Relations Act (NLRA), FLSA, the Biometric Information Privacy Act (BIPA), and state wage and hour laws.

Efrat also advises clients on preventive measures, including reviewing pay practices, counseling on disciplinary actions and investigations, negotiating severance and release agreements, and Office of Federal Contract Compliance Programs (OFCCP) compliance.

She has presented at seminars on topics including wage and hour trends, internal investigations, and employee handbooks.

Experience

McDonald's obtains dismissal after moving for summary judgment on BIPA claimsJones Day defended McDonald's Corporation against allegations that an artificial intelligence (AI)/machine learning (ML) system for automating orders at a restaurant drive-thru violated the Illinois Biometric Information Privacy Act (BIPA) by capturing Plaintiff's biometric information when he placed his restaurant order.

Restaurant group prevails on conditional certification motion in FLSA class and collective actionOn November 10, 2022, Jones Day secured, for a restaurant group client, the denial of collective certification of named plaintiff’s FLSA claims that the restaurant group unlawfully denied employees overtime pay.

Sky Chefs defeats biometric privacy claimsJones Day secured dismissal for Sky Chefs, Inc. of class claims brought under the Illinois' Biometric Information Privacy Act ("BIPA") and common law.

Advocate Aurora Health wins summary judgment, defeats class certification, and obtains dismissal in FICA refund class actionJones Day client Advocate Aurora Health won summary judgment and defeated class certification in a FICA refund class action case.

Park Place Technologies secures trial win with full dismissal of all claims brought by former executiveJones Day client Park Place Technologies, LLC ("PPT") was successful against all claims in an arbitration filed with the American Arbitration Association by a former executive challenging for cause termination.

Advocate Health Care wins summary judgment against multiple discrimination claimsOn June 28, 2016, Jones Day obtained summary judgment for Advocate Health Care Network on nearly all of Plaintiff's discrimination claims.

Major non-profit health system successfully defends against discrimination chargesJones Day successfully defended a major non-profit health system against two separate charges submitted to the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) alleging discrimination on the basis of race and sex and retaliation.

Advocate Health Care Network wins summary judgment in off-the-clock wage and hour suitOn August 7, 2015, Jones Day obtained summary judgment for Advocate Health Care Network (Advocate) on most of Plaintiff's overtime claims.

CareerBuilder wins denial of collective certification in FLSA caseOn July 20, 2015, Jones Day secured, for client CareerBuilder, LLC, the denial of collective certification of named plaintiffs' FLSA claims that CareerBuilder unlawfully denied sales employees overtime pay by forcing them to under-report their time worked.

Chicago Public Media negotiates first contract with SAG-AFTRA covering content creation professionalsJones Day negotiated Chicago Public Media, Inc.'s ("CPM") first contract with the SAG-AFTRA union covering its content creation professionals.

WHM LLC (LXR Luxury Resorts) wage-hour class action trial court win affirmed by Florida Appeals CourtOn April 16, 2015, the Fourth Circuit District Court of Appeals of Florida affirmed, in a per curiam decision, the trial court win on behalf of Jones Day client WHM LLC (LXR Luxury Resorts), and granted WHM's motion for appellate attorney's fees against the plaintiffs.

Advocate Health Care Network defends against statewide wage-hour class and collective actionJones Day is defending client Advocate Health Care Network in a statewide wage-hour class and collective action complaint filed in the United States District Court for the Northern District of Illinois alleging that Advocate misclassified home health clinicians (registered nurses, occupational therapists, and physical therapists) as exempt from the overtime requirements of the FLSA and Illinois Minimum Wage Law.

WHM LLC obtains summary judgment on Florida wage-hour class actionOn December 9, 2013, Jones Day prevailed on summary judgment on behalf of WHM LLC (LXR Luxury Resorts), a nationwide owner and operator of hotels, dismissing a putative wage class action for unpaid wages under the Florida Minimum Wage Law in its entirety.

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.

Abbott wins significant victory in Seventh Circuit over whether its pharmaceutical sales representatives are exempt from FLSA's overtime requirementsOn May 8, 2012, the United States Court of Appeals for the Seventh Circuit decided a significant case under the Fair Labor Standards Act, ruling in favor of Jones Day client Abbott Laboratories, Inc., in a collective action lawsuit brought against it by current and former pharmaceutical sales representatives.

Abbott obtains summary judgment in Pennsylvania wage class actionJones Day succeeded on summary judgment on behalf of Abbott Laboratories, dismissing a putative wage class action which a former pharmaceutical sales representative brought against the Company alleging that he and other sales representatives who worked for Abbott in Pennsylvania were misclassified as exempt employees and thus wrongly denied overtime compensation.

AstraZeneca obtains dismissal in class action alleging misclassificationJones Day earned a quick victory for AstraZeneca in Shatto v. AstraZeneca, in which Plaintiff alleged that he and other pharmaceutical sales representatives nationwide were misclassified as exempt from the FLSA's overtime pay requirements.

Abbott prevails in putative nationwide collective FLSA action brought by pharmaceutical sales representativesJones Day represented Abbott Laboratories in a putative nationwide collective action involving pharmaceutical sales representatives.

Advocate Health & Hospitals obtains summary judgment in race retaliation claim thereafter limiting the issues through series of motions allowing case to settle for nominal amountJones Day successfully defended its client, Advocate Health & Hospitals, Corp., against claims of race discrimination, retaliation, interference with the Family and Medical Leave Act.

Boston Market negotiates settlement in putative class action alleging wage and hour violationsJones Day represented Boston Market Restaurants in a putative class action involving all restaurant workers classified as exempt, for alleged failure to pay overtime, to permit meal and rest breaks, unpaid off-the-clock work, and unpaid waiting time penalties.

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December 2024 Commentary

Additional Publications

September 2016
Surviving the EEOC's and OFCCP's Latest Regulatory Agenda and Preparing for the New Charge Administration Process and Pay Data Collection Tool, 2016 Jones Day Labor & Employment Law Discussion Group

Additional Speaking Engagements

June 6, 2019
Jones Day MCLE University Chicago 2019
January 29, 2019
Navigating High-Profile Disputes with Company Executives: Key Decision Points for In-House Counsel
April 19, 2018
Fostering an Environment that Supports Professional Advancement and Success for All Employees, Jones Day's 2018 Health Care & Life Sciences Forum
January 25, 2018
Federal Bar Association Chicago Chapter Employment Law Seminar: Seventh Circuit Case Update
July 28, 2016
ACI’s 8th Annual Forum on Defending and Managing Employment Discrimination Litigation
April 28, 2016
Pay Equity: Preparing for Increased Scrutiny
May 14-15, 2015
2015 Health Care Labor & Employment Symposium
February 24, 2015
Small Businesses Legal Clinic - Employee Handbooks Do's and Dont's
October 16, 2014
Small Businesses Legal Clinic - Independent Contractor vs. Employee
October 8, 2014
2014 Labor & Employment Law Discussion Group
June 12, 2014
The Employer in the Cross Hairs: The State of Play for Employers During the Remainder of the Obama Administration
March 22, 2011
Americans With Disabilities Act - Lambs Farm Manager/SupervisorTraining
March 19, 2009
Drafting Employee Handbooks and Safety Manuals - Practical and Legal Considerations, Water Quality Association Annual Convention

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Experience

New Year, New Illinois Employment Laws

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

AI at Work: Navigating the Legal Landscape of Automated Decision-Making Tools in Employment

New Federal Law Prohibits Mandatory Arbitration of Sexual Assault and Harassment Claims

Illinois Restricts Employers From Using Conviction Records in Making Employment Decisions

Illinois Employers Face Significant New Requirements, Penalties Under Equal Pay Act, Business Corporation Act Amendments

D.C. Circuit Puts Longstanding Defense to Employment Discrimination Claims In Doubt

An Employer's Guide To ADA Obligations During COVID-19, Law360

Avoiding Pandemic-Related Employment Litigation and Disputes

Impact of the COVID-19 Outbreak on Internal Investigations: Whether and How to Investigate During a Global Pandemic

Additional Publications

Additional Speaking Engagements

Efrat R. Schulman

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