OverviewMitch serves as a trusted advisor to businesses on all aspects of management labor and employment law. Clients value his deep knowledge of employment and labor laws, with an emphasis on wage and hour law. Clients regularly seek his counsel regarding compliance with the many and continually changing labor and employment laws, as well as to address challenging or risky personnel situations. Mitch has represented businesses across a range of industries, including:
- Large and small manufacturers
- Hospitals
- Financial institutions
- Technology companies
- Foundries
- Dairy cooperatives
- Restaurants
His labor and employment law practice addresses a wide range of issues faced by businesses:
- Employment discrimination litigation
- Wage and hour litigation
- Accommodating disabled employees
- Office of Federal Contract Compliance Programs (OFCCP) investigations
- Class action wage and hour claims
- Review of company handbooks and policies
- Confidentiality, severance, and release agreements
- Legally risky employment terminations
- Responses to investigations by state and federal agencies
Mitch has spoken and written extensively about employment law, focusing on labor and employment law developments and human resources best practices. He co-authored Michael Best’s Guide to the Fair Labor Standards Act and publishes a blog, “HR Genius Bar.” Experience
Class Action Compensation Resolutions
- Currently defending a 490-member collective action/4,900-member class action brought under the Fair Labor Standards Act (FLSA) and state laws by foundry workers seeking millions of dollars in overtime compensation
- Represented steel manufacturer in class action suit for retiree benefits in Maurer v. Joy Technologies. Received summary judgments under the Labor Management Relations Act (LMRA), Employee Retirement Income Security Act (ERISA), and promissory estoppel claims for reduced amounts.
- Defended a construction company in State v. Phillips against criminal and civil complaints for failure to pay workers the prevailing wage rate
- Settled class and collective action law suit against law firm for one third of the demand. Suit charged violation of the FLSA and state laws, involving the misclassification of paralegals as exempt professionals.
- Avoided significant class action claim by resolving wage claims of two individual plaintiffs. Case charged violation of the FLSA and state laws by retail construction concern and was settled for approximately one third of demand.
Discrimination Defenses
- Successfully defended hotel against religious discrimination in Reed v. Great Lakes Companies, Inc. Ruling was upheld upon appeal by Seventh Circuit Court of Appeal.
- Represented hospital in a 10-count discrimination complaint. Resolved by summary judgment and dismissal of all counts.
- Resolved class action claim for pattern and practice discrimination against 44 hospital workers under the Americans with Disabilities Act. Settled $600,000 claim for $75,000.
Negligence Claims Representation
Obtained dismissal of a personal injury and property damages claim against a nonprofit, U.S. Department of Housing and Urban Development (HUD) provider on summary judgment.
Honors & Recognitions
- "Lawyer of the Year” (Milwaukee area), Litigation - Labor and Employment, The Best Lawyers in America©, 2021
- The Best Lawyers in America©, Employment Law - Management, Litigation - Labor and Employment, 2010-present
- The Midwest’s Best Lawyers©, Employment Law - Management, Litigation - Labor and Employment, 2021
- Martindale-Hubbell® AV Preeminent Rated
- "Wisconsin Super Lawyers" list, Super Lawyers magazine, 2005
- “Leading Lawyers” list, Milwaukee's M Magazine in 2012 and 2015
Professional Activities
- Member, American Bar Association
- Member, Wisconsin State Bar Association
- Member, Milwaukee Bar Association
- Member, American Foundry Society
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