Rebecca Ojserkis is an associate in Cohen Milstein’s Civil Rights & Employment practice. With a background in social and clinical psychology—specifically stereotyping and post-traumatic stress—she litigates civil rights class and collective actions and mass arbitrations.
Prior to joining the firm, Rebecca worked at the ACLU, where she litigated cases with the organization’s Women’s Rights Project, Immigrants’ Rights Project, and National Prison Project. Rebecca was also an associate at a national plaintiffs’ law firm, where she worked on employment discrimination cases, gender-based violence, and other civil rights matters.
Before practicing, Rebecca clerked for the Honorable Diane P. Wood of the U.S. Court of Appeals for the Seventh Circuit and the Honorable Sidney H. Stein of the U.S. District Court for the Southern District of New York.
During law school, Rebecca served as an editor of the Yale Law Journal and engaged in litigation and advocacy as a member of the Veterans Legal Services Clinic, the Reproductive Rights and Justice Project, and the Liman Project.
- Member, Law360 Editorial Advisory Board – Wage and Hour (2025)
- Fellow, ACLU (Women’s Rights, Immigrants’ Rights, and National Prison Projects)
- Program Coordinator, Massachusetts General Hospital (Center for Anxiety and Traumatic Stress Disorders)
- Research Coordinator, Massachusetts General Hospital (Home Base: Veteran and Family Care)
- District of Columbia
- Maryland
- New York
- Yale Law School, J.D., 2017
- Amherst College, B.A., magna cum laude, 2012
- Law Clerk, the Hon. Sidney H. Stein, U.S. District Court for the Southern District of New York (2018 – 2019)
- Law Clerk, the Hon. Diane P. Wood, U.S. Court of Appeals for the Seventh Circuit (2017 – 2018)
Current Cases
Ndugga v. Bloomberg, L.P.
Ndugga v. Bloomberg, L.P. (S.D.N.Y.): Cohen Milstein represents a putative class of women who work or worked as reporters, producers, and editors at Bloomberg Media, and who allege that they were subjected to gender-based pay and promotion discrimination at the company.
Salvation Army ARC Unpaid Wages Litigation
Salvation Army ARC Unpaid Wages Litigation: Cohen Milstein represents participants in Salvation Army's adult rehabilitation centers (ARC), who perform labor in support of the organization as a condition of their enrollment, in three lawsuits alleging that The Salvation Army violated federal and state laws when it failed to pay minimum wage to ARC workers.
Amazon Flex Driver Mass Arbitration
Amazon Flex Driver Arbitrations (AAA): Cohen Milstein represents thousands of current and former Amazon Flex delivery drivers in California, Illinois and Massachusetts who allege that Amazon misclassified them as independent contractors instead of employees to avoid paying them overtime or reimbursing for expenses, and to deny them other benefits under these states’ laws. These cases are currently being litigated before the American Arbitration Association.
Probationary Federal Employees Appeals
Probationary Federal Employees Appeals (M.S.P.B.): Cohen Milstein and co-counsel represent probationary federal employees in class action appeals against 20 federal government agencies for unlawfully terminating them from their respective jobs. The appellants include those who were terminated in mass layoffs by the Trump Administration. Allegedly, the government agencies failed to perform the mass terminations in accordance with proper procedures—namely, the requirements for conducting reductions in force (RIFs) of federal workforces. The appellants seek full restoration to their jobs and backpay on behalf of themselves and the putative classes they represent.
Past Cases
Bird, et al. v. Garland
Bird, et al. v. Garland (D.D.C.): Cohen Milstein represented a class of women who claim they suffered systemic gender discrimination and subsequent termination from the FBI’s Basic Training program for new agents. The women brought their claims of disparate treatment and disparate impact under the Title VII. On February 5, 2025, the court granted final approval of a $22.6 million settlement, including important injunctive relief against the FBI.
Amicus Briefs
Hare v. David S. Brown Enterprises, LTD.
Hare v. David S. Brown Enterprises, LTD. (Sup. Md.): On March 7, 2025, Cohen Milstein and the Public Justice Center submitted an amicus curiae brief to the Supreme Court of Maryland in support of petitioner Katrina Hare in Hare v. David S. Brown Enterprises, LTD. The case revolves around Katrina Hare, an elderly and disabled African American woman who was denied housing by a landlord because she did not meet its minimum income requirement of $47,700 a year, even though her Housing Choice Voucher would have covered all but $126 of the rent. The Circuit Court of Baltimore County ruled in favor of the landlord and claimed the denial was not discriminatory.
Best Lawyers: Ones to Watch in America (2026)
September 5, 2025
7th Circ. FLSA Notice Test Adds Flexibility, Raises Questions
On Aug. 5, the U.S. Court of Appeals for the Seventh Circuit charted new ground in collective actions when it issued a ruling in Richards v. Eli Lilly & Co., announcing a new approach for district courts to determine whether to issue notice to opt-in plaintiffs. Rebecca Ojserkis analyses the departure from other recent appellate rulings and how the Seventh Circuit may tackle implementing this new standard.
Articles | Law360
August 7, 2025
7th Circ.’s Collective Cert. Standard Strikes Balance, Attys Say
A new framework the Seventh Circuit laid out for certifying collective actions in wage and hour litigation has attorneys for both employers and workers at first blush feeling relieved, as the panel majority put forward a flexible approach that gives lower courts discretion. Rebecca Ojserkis of worker-side firm Cohen Milstein Sellers & Toll PLLC weighs in.
In the News | Law360
July 17, 2025
What the 9th Circ. Cracker Barrel Ruling Means for FLSA Cert.
While the Fair Labor Standards Act inches closer to its 90th birthday, its statutory text has attracted significant judicial attention in recent years on foundational legal questions. In particular, two circuit splits have been bubbling on the proper standard to issue notice and the scope of personal jurisdiction requirements. On July 1, the U.S. Court of Appeals for the Ninth Circuit weighed in with its ruling in Harrington v. Cracker Barrel Old Country Store Inc. — adding another decision to the increasingly lopsided scales. In short, the two-step certification process continues to reign supreme.
Articles | Law360
July 8, 2025
W&H Attorneys’ Wish List for The Rest Of 2025
Updating the Fair Labor Standards Act to reflect the nuances of remote work, reforming arbitration and tackling the issue of salary expectations to further reduce the pay gap are all issues employment lawyers wish policymakers would tackle in the latter half of the year.
In the News | Law360
May 28, 2025
Appeals Board Creates New Path to Renew Reversals of Probationary Firings
At least one agency’s staff impacted by the mass dismissals of probationary workers can pursue their reinstatements as a class, the panel that hears federal employees’ challenges to firings has for the first time ruled, creating a new path for sweeping reversals of those terminations.
In the News | Government Executive
May 23, 2025
Probationary Workers at DHS Win Rare MSPB Class Certification
In what is believed to be a first since the Trump administration issued government-wide layoffs, the Merit Systems Protections Board has granted class certification to fired probationary employees at the Department of Homeland Security. The decision allows fired probationary employees at the agency to join this class action and seek reinstatement.
Press Releases | Cohen Milstein
March 28, 2025
Rebecca Ojserkis Speaks on the Latest in FLSA Certification & Jurisdictional Issues
Rebecca’s program is titled, “Revisiting Swales, Clark, and Bristol-Myers Squibb—The Latest in FLSA Certification & Jurisdictional Issues.” Panelists will discuss how courts are dealing with FLSA certification issues, how to respond to defense arguments regarding Swales and how jurisdictional issues create access to justice issues for plaintiffs.
Events | NELA
March 16, 2023
Salvation Army Can’t Slip Workers’ Minimum Wage Suit
A New York federal judge kept alive a lawsuit brought by former participants in the Salvation Army’s work therapy program accusing the Christian nonprofit organization of failing to pay them minimum wage, and asked the Salvation Army to respond to the workers’ renewed complaint.
In the News | Law360
November 16, 2024
Rebecca Ojserkis Speaks on Discovery Issues in Arbitration
Panelists will review how parties obtain discovery in arbitration, including the scope of discovery, available forms, impact of different statutory and arbitration tribunal rules, including mandatory disclosures and differences between labor and employment arbitrations.
Events | ABA 18th Annual Labor & Employment Law Conference
September 30, 2024
Women FBI Agent Trainees Vindicated: $22.6M Gender Discrimination Settlement Reached
Representatives of a proposed class of thirty-four women dismissed from the FBI’s agent training program filed a motion for preliminary approval of a $22.6 million settlement with the law enforcement agency in court today.
Press Releases | Cohen Milstein
June 18, 2024
1,700 Bay Area Delivery Workers Join Mass Arbitration Claim Against Amazon
Saman Khodaei said delivering packages for Amazon as part of its DoorDash-like Flex program was stressful. The company gave him a set number of packages to deliver in a block of time but any number of things could and did delay his deliveries.
In the News | San Francisco Examiner
June 11, 2024
Amazon Flex Drivers File Thousands of Wage & Hour Actions Against Amazon
More than 15,750 Amazon Flex drivers in California, Illinois and Massachusetts deluged Amazon with individual wage and hour arbitration actions, alleging that Amazon misclassified them as independent contractors instead of employees.
Press Releases | Cohen Milstein
July 25, 2023
Bloomberg Can’t Narrow Ex-Producer’s Pay Bias Suit
A New York federal judge denied Bloomberg LP’s bid Tuesday to ax pay discrimination claims from a former news producer’s proposed class action claiming hundreds of female employees were systematically underpaid, saying she provided enough detail to sustain her lawsuit.
In the News | Law360
March 14, 2023
Salvation Army Must Face Rehab Program Participants’ Wage Suit
The Salvation Army lost its bid to throw out allegations it owes vulnerable people who live and work in its adult rehabilitation centers minimum and overtime wages.
In the News | Bloomberg Law
April 21, 2022
To Close Pay Gaps, Laws Must Shift Burden to Employers
The persistent gender- and race-based pay gaps have many contributors. A recurring culprit is employers’ reliance on candidates’ prior inequitable pay, a phenomenon known as “start low, stay low.” Another is applicants’ lack of information about what the job should pay.
Articles | Law360 Employment Authority