Richard W Black

Practice Areas

Class Action; Discrimination and Harassment; ERISA and Benefit Plan Litigation; Litigation and Trials; Wage and Hour

Career

Rich is co-chair of Littler’s Class Action Practice Group and has represented employers in some of the largest and most significant class and collective action employment lawsuits in the country for nearly 25 years. Black's experience handling class and collective matters spans the wage and hour, employment discrimination, and ERISA breach of fiduciary duty areas across the retail, technology, financial services, computer services, communications, energy, pharmaceutical, construction, hospitality, travel and transportation industries.

Black has specific knowledge and experience in issues relating to class/collective action certification and decertification under Federal Rule of Civil Procedure 23 and Section 216(b) of the Fair Labor Standards Act, the use of statistical analysis and "social science" expert testimony in single plaintiff, multiplaintiff and class action employment discrimination matters, and the enforcement of class and collective action waivers and arbitration agreements. Black has also briefed appellate issues relating to, among other things, class certification and breach of fiduciary duty issues, including before the United States Supreme Court.

In addition to representing employers in class and/or collective action litigation and other complex employment litigation, Black regularly appears in state and federal courts, and before federal and state government agencies, including the Department of Labor and Equal Employment Opportunity Commission, in single-plaintiff and multiplaintiff matters related to The Fair Labor Standards Act (FLSA), The Equal Pay Act (EPA), State and local anti-discrimination and equal pay statutes, among others.

Additionally, Black was one of four Littler attorneys responsible for the creation and development of the Littler Xmpt Toolkit, which was recognized in December 2016 by the Financial Times with a commendation in its North America Innovative Lawyers awards.

Professional Memberships

American Bar Association - Labor and Employment Section; District of Columbia Bar - Labor and Employment Section; Trial Law Institute; Diversity Law Institute

Publications

Civil Practice and Procedure, Employee Benefits Law, Section of Labor and Employment LawAmerican Bar Association and Bloomberg BNA, Chapter 12, 3rd Ed., Contributing Author, 2012; Class Certification Under Rule 23, Littler Mendelson on Employment Law Class Actions, LexisNexis, Chapter 9, 2nd Ed., Chapter Co-Editor, 2012; Collective Actions, Fair Labor Standards Act, ABA Section of Labor and Employment Law, BNA, Chapter 17, Chapter Editor

Education