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About Me

JUSTIN M. SWARTZ, a partner at Outten & Golden LLP and Co-Chair of its Class Action Practice Group, represents employees in class action wage/hour and discrimination cases, as well as individual discrimination cases and other employment matters. He is also Co-Chair of the firm’s Public Interest Committee and a member of its Lesbian, Gay, Bisexual & Transgender (LGBT) Workplace Rights Practice Group and its Discrimination and Retaliation Practice Group. Mr. Swartz currently represents workers in overtime lawsuits against CVS, Boston Market, Bovis, E*Trade, Family Dollar, TD Ameritrade, Key Bank, Starbucks, JP Morgan Chase, Gristede’s, Duane Reade, Tyson Foods, and other major companies.


He also represents thousands of restaurant workers in overtime and tip theft cases, low-wage cleaning workers in their claims that large contractors failed to pay them overtime compensation for their work cleaning buildings around Ground Zero in 2001, and entertainers and servers who have worked at Scores and Penthouse Executive Club nightclubs. Among his recent employment discrimination matters are discrimination claims against companies that have refused to hire minorities with criminal records, including an EEOC charge against Madison Square Garden; systemic gender discrimination claims against a major utility company; and several individual race, gender identity, sexual orientation, and national origin discrimination cases. He has represented hundreds of female and African American stock brokers in nationwide discrimination class action lawsuits against the country’s leading brokerage firms, including Merrill Lynch, Bank of America, Goldman Sachs, and Smith Barney.


Practice Areas


  1. Class Action: 50%
  2. Employment & Labor: 50%

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Contact Info

Outten & Golden

3 Park Ave, 29th Floor
New York, NY, 10016-5902


NYCurrently registered 200203/13/2015
ILActive And Authorized To Practice Law199808/17/2015

Professional Misconduct

We have not found any instances of professional misconduct for this lawyer.
Avvo Contributions
Legal Answers
Association NamePosition NameDuration
Association of the Bar of the City of New York, Commitee on Civil RightsMember2005 - 2008
American Bar Association, Labor and Employment Law Section, Ethics and Professional Responsibility CommitteeCo-chair2005 - 2008
Association of the Bar of the City of New York, Commitee on Labor & Employment LawMember2002 - 2005
National Employment Lawyers AssociationBoard MemberN/A
National Employment Lawyers Association, National Wage & Hour CommitteeCo-chairN/A
American Bar Association, Labor and Employment Law Section, Planning CommitteeVice ChairN/A
Equal Employment Opportunity Committee 2012 Conference Planning CommitteeCo-chairN/A
American Constitution SocietyMemberN/A
Americans United for Separation of Church and StateMemberN/A
Publication NameTitleDate
Labor and Employment Law, Vol. 35, No. 4EEOC Committee Reviews Workplace Diversity Issues2007
School NameMajorDegreeGraduated
DePaul University College of LawLawJD - Juris Doctor1998
Speaking Engagements
Conference NameTitleDate
National Conference on Equal Employment Opportunity LawA Side Bar With the Judges on Rule 30(b)(6): Use, Abuse, and Process2014
American Conference Institute's 21st Wage & Hour Claims and Class Actions ConferenceViews From The Plaintiffs’ Bar: Adapting Your Defense Strategies to New and Innovative Techniques and Tactics2014
American Conference Institute's 20th Wage & Hour Claims and Class Actions ConferenceViews From The Plaintiffs’ Bar: Adapting Your Defense Strategies to New and Innovative Techniques and Tactics2014
NYU 66th Annual Conference on LaborSettling Wage-Hour Litigation (including Rule 68 Offers after Genesis Healthcare v. Symczyk)2013
Managing Wage & Hour Risks 2013Class and Collective Action Certification and Related Discovery2013
How to Handle a Wage and Hour CasePlaintiff’s Perspective on Wage and Hour Litigation2013
Bridgeport Continuing Legal EducationAttorney's Fees and Settlement of FLSA Actions2013
American Law Institute CLE audio/webcastWage and Hour Practice Today: Policies and Litigation Strategies after Comcast, Genesis, and Espenschied2013
ACI’s 18th National ForumWage & Hour Claims and Class Actions2013
7th Annual ABA Section of Labor and Employment Law ConferenceTalk to Me: Communications with Potential Class Members Before and After Complaint Filing2013
Practicing Law InstituteUnderstanding Employment Law 2012 -- Properly Classifying the Workforce2012
ACI’s 14th National ConferenceWal-Mart v. Dukes: Implications for FLSA Collective Actions and State Law Wage and Hour Class Actions?”2012
The College of Labor & Employment Lawyers New York, Connecticut, Northern New Jersey Regional ConferenceThe Fair Labor Standards Act – Wages, Overtime, Misclassification, Class and Collective Actions2011
New York City Bar AssociationEmployment Law Essentials (Program Chair)2011
NELA Fall Seminar - Securing Wages, Protecting Hours: Representing Workers In Individual & Collective Actions Under the FLSAAdventures In Co-Counseling & Cooperating With Other Plaintiffs’ Lawyers2011
National Employment Lawyers Association, New York Chapter – Spring ConferenceIndependent Contractor Misclassification2011
ACI's 16th Annual Conference on Employment Practices Liability InsuranceWage & Hour and EPLI: Offering and Obtaining Coverage for and Reducing Exposure to Wage & Hour Claims2011
ACI's 11th National Forum on Wage & Hour Claims and Class ActionsView from the Plaintiff ’s Bar: The Newest and Most Innovative Wage Claims Being Brought2011
National Employment Lawyers Association, New York Chapter – Spring ConferenceWhite Collar Jobs, Blue Collar Work: Wage and Hour Claims in the New Economy2010
National Conference on Equal Opportunity Law; ABA Section of Labor and Employment Law, Equal Employment Opportunity CommitteePay and Promotion Issues Post-Ledbetter2010
Labor and Employment Relations Association of Western New YorkTrends and Developments in Federal and State Wage and Hour Laws and Regulations2010
ABA Labor & Employment Section, Committee on Ethics and ProfessionalismEthical Issues in Employment Practices Liability Insurance2009