Joseph K. Mulherin - McDermott Will & Emery


Joseph (Joe) Mulherin focuses his practice on employment class action litigation, with a focus on defending employers against wage-and-hour and employment discrimination lawsuits. Joe has successfully defended clients from a wide variety of industries, including health services, banking, finance, retail, manufacturing, hospitality, staffing, technology, logistics and construction.

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  • Assisted international luxury retailer in defeating conditional certification of nationwide FLSA collective action in two separately filed cases.*
  • Assisted large Chicago health system in defeating Rule 23 class certification and decertifying FLSA collective action in nurse meal break action.
  • Successfully navigated large Chicago restaurant franchisor through concurrently filed wage/hour class lawsuit and United States Department of Labor investigation.
  • Assisted clients in auditing employee classification as exempt from the overtime provisions of federal and state law in light of US Department of Labor proposed regulations, and advised on effective risk management in reclassifying large groups of employees*

*Matter handled prior to joining McDermott


  • Legal 500 US 2021
  • Benchmark Litigation 2020: Labor & Employment Star


  • American Bar Association, member
  • Chicago Waldorf School, Board and Executive Board Member


Pepperdine University School of Law, JD, cum laude, 2002
Marquette University, BS, 1997