(573) 875-1991
"Litigation is often a contest of wills. Our approach to this contest was best described by President Calvin Coolidge: 'Nothing in the world can take the place of persistence. Talent will not; nothing is more common than unsuccessful men with talent. Genius will not; unrewarded genius is almost a proverb. Education will not; the world is full of educated derelicts. Persistence and determination alone are omnipotent. The slogan, "Press on," has solved and always will solve the problems of the human race.' "
- Todd C. Werts
Todd C. Werts
Todd Werts’ practice primarily involves representing individuals, and groups of individuals, in claims filed in state and federal courts. He currently focuses on wage & hour, consumer, and employment cases, including class and collective actions. Todd has successfully represented thousands of workers from around the country to recover unpaid wages and overtime pay. Additionally, he represents consumers who have been subjected to unfair or fraudulent practices, or have been injured by unsafe products. Below is a short sampling of some of Todd’s cases:
In re American Medical Collection Agency, Inc. Customer Data Security Breach Litigation (D.N.J.) Todd Werts has been appointed to the Plaintiffs’ Leadership Structure as part of the Bankruptcy Liaison Committee. This cases consolidates data breach lawsuits filed around the country against certain medical laboratories, including Quest Diagnostics and LabCorp, based on a data breach impacting millions of patient records at the collection agency commonly used by such labs. This case is pending.
In re DIRECTV Wage & Hour Litigation (various federal courts and arbitration fora) Todd served as one of three co-lead counsel in this litigation involving more than 2,000 satellite installation technicians paid under an allegedly illegal piece rate pay model. This case spanned nine years of intensive litigation across forty different federal district court, five circuit courts of appeals, and a certiorari petition to the United States Supreme Court. Todd’s partner, Brad Lear, supervised the extensive briefing in these various appeals and in the approximately 45 separate summary judgment motions filed. Todd Werts lead the charge coordinating extensive electronic discovery and in taking 120 of the over 650 depositions taken in the case. These cases have resolved with the exception certain California claims that remain pending.
Voorhis, et a. v. Greene County (W.D. Mo.) Todd was lead counsel in this Missouri Minimum Wage Law and Fair Labor Standards Act class action case challenging the timekeeping practices at the Greene County Jail. After review of the relevant timekeeping records, as well as a corporate representative deposition, the parties were able to resolve this case on a classwide basis at mediation.
Blume v. International Services (E.D. Mo.) Todd was lead counsel on an FLSA collective action filed on behalf of small business consultants who were not paid overtime. The case settled on behalf of a nationwide class.
Adams v. Hy-Vee (W.D. Mo.) Todd was co-lead counsel on a nationwide collective action for grocery store assistant managers in a mass action challenging their classification as exempt from the Fair Labor Standards Act. The case was settled on a class basis.
Stephenson v. Information Providers (D. Minn.) Todd was co-lead counsel on a nationwide collective action on behalf of insurance premium auditors who were denied overtime. The case settled after Todd was able to obtain a favorable ruling on plaintiffs’ motion for summary judgment.
McClean v. CenturyTel (E.D. La.). Todd was co-lead counsel on a nationwide FLSA collective action on behalf of approximately 2,800 call center workers. The case was settled on a class basis.
Oddson v. Swift (D. Colo.). Todd was co-lead counsel on a nationwide wage and hour collective action filed on behalf of livestock buyers who were not paid overtime. The case settled on a class basis.
Todd is a frequent speaker on litigation and employment law issues as well as legal technology matters. He is an active member of the Missouri Bar and the Missouri Association of Trial Attorneys where he serves on the Board of Governors and as an active member of the amicus committee. When not working, Todd Werts and his wife, Michelle Werts, breed and raise Arabian horses.
Big Firm Litigation for Small Firm Lawyers: Playing with the Big Kids, Missouri Bar Solo & Small Firm Conference (2022)
Ford Truck or Wooden Duck? Personal Jurisdiction and Jurisdictional Discovery, Missouri Association of Trial Attorneys Annual Convention (2021) (written materials / PowerPoint)
An Ounce of Prevention: Perspectives on a Civil Plaintiff Filing Bankruptcy from Both Sides of the ‘V,’ Federal Bar Association Annual Meeting (2020) (written materials / PowerPoint)
Ostermeier, et al. v. Prime Properties Investments, Inc., et al. No. WD82432, Brief of the Missouri Association of Trial Attorneys as Amicus Curiae Supporting Appellant, Missouri Court of Appeals, Western District
An Ounce of Prevention: Avoiding Unintended Consequences from Filing Bankruptcy, Missouri Bar Solo & Small Firm Conference (2019)
#MeToo: Sexual Discrimination Issues Involving Small Town Clients, Missouri Bar Solo & Small Firm Conference (2019)
Civil jury trials face new barrage of offensives, The Missouri Trial Attorney (Spring 2019 at 31)
Class Actions, Mass Torts, and other Aggregate Litigation, Boone County Bar Association (2019)
Technology in the Courtroom, Missouri Association of Trial Attorneys Annual Convention (2018)
From the Flintstones to the Jetsons: Moving to Video Conference Depositions, Missouri Bar Solo & Small Firm Conference (2018)
Griffits v. Old Republic Ins. Co., et al., No. SC96740, Brief of the Missouri Association of Trial Attorneys as Amicus Curiae Supporting Appellant, Supreme Court of Missouri
Coventry Health Care of Missouri, Inc. v. Jodie Nevils, No. 16-149, Brief of the Missouri Association of Trial Attorneys as Amicus Curiae Supporting Respondent, U.S. Supreme Court
The Paperless Law Office, Presentation to the Springfield [MO] Metropolitan Bar Association (2017)
Forms for Function: Letters and Questionnaires You Need, Missouri Association of Trial Attorneys Annual
Convention (2014)
A Solo’s Guide to Preparing Your Client for Deposition, Missouri Bar Solo & Small Firm Conference (2014)
Templemire v. W&M Welding, Inc., No. SC93132, Brief of the Missouri Association of Trial Attorneys as Amicus Curiae Supporting Appellant, Supreme Court of Missouri (resulting in the court overruling prior cases requiring an exclusive causation standard for workers’ compensation retaliation cases)
Attorney Fees in Wage and Hour Cases: Fee Applications in Federal Wage and Hour Cases after Perdue
AAJ Summer Convention – Publication Only (2013)
What Every Solo and Small Firm Lawyer Should Know About Employment Law in Current Times
Missouri Bar Solo & Small Firm Conference (2012)
Volkswagen Group of Am., Inc. v. Berry, et al., No. SC92770, Brief of Missouri Association of Trial Attorneys as Amicus Curiae in Support of Respondents, Supreme Court of Missouri
Workers’ Compensation – Compare and Contrast with Personal Injury Cases (Medical Claims and Liens)
Missouri Bar Solo & Small Firm Conference (2011)
Healthcare Provider Applications for Direct Payment, Missouri Bar Annual Workers’ Compensation Institute (2010)
Compensation Issues Under FLSA/Wage and Hour Laws, Sterling CLE Institute (2009)
ADA Update, Sterling CLE Institute (2009)
Law Practice Management Guest Speaker, University of Missouri School of Law
Employment Termination in Missouri, Missouri Bar CLE, Nuts and Bolts of Missouri Practice
Contract Interpretation, Missouri Bar CLE Deskbook: Contracts
Lawsuit filed over MU Health data breach, Columbia Daily Tribune, Interview with Pat Pratt (Aug. 8, 2019)
Class action lawsuit filed against MU Health Care after information hacked, KOMU (Aug. 8, 2019)
Former Greene County jail employees sue county, claim they were underpaid, KY3, Interview with Kara Strickland (July 26, 2019)
How to confront age discrimination in the workplace, Missourian, Interview with Siena Debolt (Mar. 21, 2019)
In Focus: Equal Pay. It’s Complicated., Columbia Business Times, Interview with David Morrison (Feb. 27, 2019)
$1.5 million dollar drunk driving case gets hearing in Missouri Supreme Court, Missourinet, Interview with Jason Taylor (Mar. 20, 2018)
Sales Contracts, Missouri Bar SoundByte
New [Missouri Commission on Human Rights] Online Complaint Form, KOMU
New Clinic Aims to Aid Workers with Injuries, Columbia Daily Tribune
Admitted to Practice
Missouri State Courts
Kansas State Courts
Arizona State Courts
U.S. District Court – Western District of Missouri
U.S. District Court – District of Kansas
U.S. District Court – Eastern District of Missouri
U.S. District Court – District of Colorado
U.S. District Court – Northern District of Illinois
U.S. District Court — Eastern District of Arkansas
U.S. District Court —Eastern District of Wisconsin
U.S. District Court — Eastern District of Michigan
U.S. District Court — District of North Dakota
U.S. District Court — Northern District of Texas
U.S. Court of Appeals, 9th Circuit
U.S. Court of Appeals, 11th Circuit
U.S. Tax Court
Admitted to Practice Pro Hac Vice
U.S. District Court – Southern District of California
U.S. District Court – Eastern District of Louisiana
U.S. District Court – Western District of Louisiana
U.S. District Court – District of Minnesota
U.S. District Court – Western District of Wisconsin
U.S. District Court — Northern District of Oklahoma
U.S. District Court — Northern District of California
U.S. District Court — District of New Hampshire
U.S. District Court — District of Massachusetts
U.S. District Court — District of Connecticut
U.S. District Court — Southern District of New York
U.S. District Court — Middle District of Pennsylvania
U.S. District Court — Eastern District of Pennsylvania
U.S. District Court — District of New Jersey
U.S. District Court — District of Maryland
U.S. District Court — Southern District of Ohio
U.S. District Court — Southern District of Indiana
U.S. District Court — Western District of Kentucky
U.S. District Court — Western District of Tennessee
U.S. District Court — Middle District of North Carolina
U.S. District Court — District of South Carolina
U.S. District Court — Northern District of Florida
U.S. District Court — Northern District of Georgia
U.S. District Court — Northern District of Alabama
U.S. District Court — Southern District of Mississippi
U.S. District Court — Southern District of Texas
U.S. District Court — District of New Mexico
U.S. District Court — District of Arizona
University of Missouri, J.D.
Missouri Environmental Law & Policy Review
Order of Barristers
University of Missouri, B.S., Mathematics
Missouri Bar Association
Arizona State Bar Association
Missouri Association of Trial Attorneys
President’s Award, 2021
Board of Governors, 2012 to 2022
Amicus Committee, 2012 to present
American Association for Justice
Boone County Bar Association
Chipping in for Charity Golf Tournament
Planning Committee, 2007 to present
Acacia Lodge No. 602, A.F. & A.M
Arabian Horse Association, Member
Central States Arabian Horse Association, Member
