Michael J. Lehet. Practice Areas. Overview

Transcription

1 Associate 321 North Clark Street Suite 1000 Chicago, IL main: (312) direct: (312) fax: (312) Camelback Esplanade 2425 East Camelback Road, Suite 900 Phoenix, AZ main: (602) direct: (312) fax: (602) Practice Areas Discrimination and Harassment Whistleblowing and Retaliation Wage and Hour Class Actions Global Mobility and Immigration Overview represents and advises government and private-sector employers regarding a broad range of employment law matters, including alleged discrimination, harassment and retaliation, wage-and-hour class and collective actions, and immigration-related employment practices. Michael's litigation experience includes defending employers against claims arising under the following federal and state statutes: The Age Discrimination in Employment Act (ADEA) The Americans with Disabilities Act (ADA) The Employee Retirement Income Security Act (ERISA) The Fair Labor Standards Act (FLSA) The Family and Medical Leave Act (FMLA) Lanham (Trademark) Act The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) Title VII of the Civil Rights Act The Arizona Civil Rights Act The Arizona Employment Protection Act The Arizona Wage Act The Illinois Human Rights Act The Illinois Minimum Wage Law The Illinois Wage Payment and Collection Act 1

2 Michael also defends employers in lawsuits involving common law claims of alleged breach of contract, defamation, fraud and misrepresentation, negligent hiring, retention and supervision, unfair competition, vicarious liability, and wrongful termination. Some of Michael s notable appellate decisions include the following: US Court of Appeals, Ninth Circuit, July 2012: affirming summary judgment in favor of government contractor, ruling that subcontractor employee could not establish requisite indirect employment relationship and thus liability under the Age Discrimination in Employment Act and Title VII of the Civil Rights Act US Court of Appeals, Ninth Circuit, May 2010: affirming summary judgment in favor of municipality and holding time spent by police officers donning and doffing required uniforms and protective gear not compensable work under the Fair Labor Standards Act US Court of Appeals, Ninth Circuit, March 2010: affirming summary judgment in favor of municipality and holding time spent by police officers donning and doffing required uniforms and protective gear not compensable work under the Fair Labor Standards Act Arizona Court of Appeals, April 2010: affirming dismissal of putative wage-and-hour class action by police officers seeking compensation for time spent maintaining required uniforms and protective gear, and affirming award of attorneys' fees to defendant municipality Arizona Court of Appeals, April 2008: reversing denial of summary judgment in favor of municipality where class representatives - education administrators and instructors - failed to comply with notice of claim statute and therefore entire class precluded from recovering monetary damages, including retirement benefits allegedly owed Michael devotes a significant part of his current practice to defending against multi-state wage-and-hour class and collective actions against restaurant industry employers, with an emphasis on lawsuits alleging tip credit violations in the wake of Fast v. Applebee's Int'l, Inc. Michael's experience also includes defending employers before various federal and state agencies, including the Department of Justice, Department of Labor, Equal Employment Opportunity Commission, Arizona Attorney General's Office, and Illinois Department of Human Rights. Michael regularly counsels employers regarding all aspects of immigration-related employment practices, including employment eligibility verifications, Immigration and Customs Enforcement investigations, incidents of identity fraud and theft, and E-Verify and Form I-9 audits. Michael frequently speaks before trade groups and human resources associations on these legal issues. In addition, he trains management-level employees on federal and state equal employment opportunity best practices and has served as outside counsel responsible for investigations of employee complaints of alleged discrimination, harassment, and retaliation. Michael began his legal career in Littler s Phoenix office in He joined the Chicago office in While in law school, Michael externed for the Hon. John R. Tunheim, U. S. District Court for the District of Minnesota. He was also a managing editor of the Minnesota Journal of Law, Science and Technology and a member of the Minnesota Intellectual Property Moot Court. Professional and Community Affiliations Member, Illinois State Bar Association 2

3 Member, State Bar of Arizona Member, Federal Bar Association Recognition Named, Rising Star in Employment & Labor - Southwest, Super Lawyers, 2013 and 2014 Education J.D., University of Minnesota Law School, 2006, cum laude B.A., University of California, Berkeley, 2002, Honors Researcher Bar Admissions Illinois Arizona Courts U.S. Court of Appeals, 9th Circuit U.S. District Court, Northern District of Illinois U.S. District Court, Central District of Illinois U.S. District Court, District of Arizona Publications & Press June 27, 2014 Form I-9 Supervisor Briefing Xpert HR April 14, 2014 Calif.: Is Bias Claim Barred If Worker Used Another s Social Security Number When Applying for Job? Society for Human Resource Management (SHRM) May 2, 2012 Technological Advances in Employment Eligibility Verification Employment and Labor Relations Law Committee, Section of Litigation - American Bar Association May 27, 2011 U.S. Supreme Court Upholds Arizona Law Mandating Use of E-Verify and Penalizing Employers that Hire Undocumented Workers April 12, 2011 UPDATE: What Arizona's Controversial Immigration Law Means for Employers 3

4 July 29, 2010 UPDATE: What Arizona's Controversial Immigration Law Means for Employers June 23, 2010 Department of Labor Issues Interpretation Narrowing Clothes-Changing Exclusion and Expanding Scope of Compensable Workday September 22, 2008 Ninth Circuit Court of Appeals Upholds Legal Arizona Workers Act May 7, 2008 Arizona Adopts New Law Clarifying Controversial Sanctions Statute, Imposing Other Obligations on Employers and State Contractors February 11, 2008 Eyes on the Workforce: Legal Arizona Workers Act Withstands Constitutional Scrutiny December 10, 2007 Countdown to January 1: Court Dismisses Lawsuits Challenging the Legal Arizona Workers Act November 26, 2007 Federal Court Holds Hearing on Challenges to the Legal Arizona Workers Act July 9, 2007 Arizona Adopts Nation's Strictest Workplace Law to Assure Employees Are Authorized to Work Speaking Engagements October 15, 2013 Performance Management: Are You Protected? Littler Mendelson and HRMAC July 19, 2013 The New I-9 Form and Related Compliance Challenges Human Capital Annual Training Program Webinar - Client Presentation 4

5 June 25, 2013 The New I-9 Form and Related Compliance Challenges Human Capital Annual Training Program - Client Presentation, Scottsdale, AZ March 22, 2013 Fines and Misdemeanors: Emerging Federal Agency Enforcement Initiatives June 1, 2011 Medical Marijuana and Healthcare Employers Annual Conference and Exposition - Aging Services of Arizona, Fort McDowell, AZ February 10, 2011 Genetic Information and Medical Marijuana in the Workplace Northwest Arizona Human Resource Association, Kingman, AZ November 9, 2010 Independent Contractor or Employee? The Risks of Misclassification Organization for Nonprofit Executives, Phoenix, AZ October 20, 2010 Western Growers Association, Yuma, AZ September 3, 2010 Annual Conference - Arizona Society for Human Resource Management, Mesa, AZ June 10, 2010 Northwest Arizona Human Resource Association, Kingman, AZ June 3, 2010 Wellness Programs in the Workplace Annual Conference and Exposition - Aging Services of Arizona, Fort McDowell, AZ February 11, Employment Law Update Northern Arizona Human Resource Association, Flagstaff, AZ February 7, 2010 E-Verify Requirements for Federal Contractors Employment Law and Legislative Conference - Arizona Society for Human Resource Management, Mesa, AZ 5

6 October 20, 2009 Western Growers Association, Yuma, AZ January 20, 2009 October 2, 2008 Organization for Nonprofit Executives, Phoenix, AZ June 5, 2008 Legal Arizona Workers Act Jobing.com, Phoenix, AZ April 9, 2008 Arizona Hospitality Human Resource Association, Phoenix, AZ April 3, 2008 Arizona School Personnel Administrators Association, Phoenix, AZ March 25, 2008 Workplace Excellence Conference - Society for Human Resource Management of Greater Tucson, Tucson, AZ March 24, 2008 Workplace Excellence Conference - Society for Human Resource Management of Greater Tucson, Tucson, AZ February 1, 2008 Mental Health Checkup: Recent Legal Opinions on Mental Health Impairments in the Workplace February 1, 2008 The Legal Arizona Workers Act January 30, 2008 Documentation in the Workplace: Federal and Arizona Obligations Independent Electrical Contractors Association, Phoenix, AZ 6

7 Blog Posts February 6, 2013 OCAHO Rejects ICE's Request for Near-Maximum Penalties against Restaurant for I-9 Violations Global Mobility & Immigration Counsel February 16, 2012 E-Verify Self Check Now Available Nationwide Global Mobility & Immigration Counsel February 9, 2012 DOJ Offers Guidance to Employers Facing I-9 Audits Global Mobility & Immigration Counsel May 27, 2011 Supreme Court Upholds Arizona Law that Sanctions Employers for Hiring Illegal Workers, Mandates Use of E-Verify Workplace Policy Update 7