Michael J. Lehet 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
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, May 2010: affirming summary judgment in favor of municipality and holding time spent by police officers and sergeants donning and doffing required uniforms and protective gear not compensable under 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 and sergeants donning and doffing required uniforms and protective gear not compensable under Fair Labor Standards Act
- Arizona Court of Appeals, April 2010: affirming dismissal of putative wage-and-hour class action by police officers and sergeants 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's experience also includes defending employers before various federal and state agencies, including the Equal Employment Opportunity Commission, Department of Justice, Department of Labor, and Arizona Attorney General's Office.
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.
Michael began his legal career in Littler’s Phoenix office in 2006. He joined the Chicago office in 2011. 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.
*Not licensed to practice law in Illinois
PROFESSIONAL AND COMMUNITY AFFILIATIONS
- Member, State Bar of Arizona
- Member, Federal Bar Association
PUBLICATIONS
VIEW ALL- May 27, 2011
- April 12, 2011
- July 29, 2010
- June 23, 2010
- September 22, 2008
- May 7, 2008
- February 11, 2008
BLOG ENTRIES
- Global Immigration Counsel, February 16, 2012
- Global Immigration Counsel, February 9, 2012
- Employment Law Update, May 27, 2011
ADDITIONAL PUBLICATIONS & PRESS
- May 2, 2012Technological Advances in Employment Eligibility VerificationEmployment and Labor Relations Law Committee, Section of Litigation - American Bar Association
ADDITIONAL PRESENTATIONS
VIEW ALL- June 2011Medical Marijuana and Healthcare Employers
28th Annual Conference and Exposition - Aging Services of Arizona - February 2011Genetic Information and Medical Marijuana in the Workplace
Northwest Arizona Human Resource Association - November 2010Independent Contractor or Employee? The Risks of Misclassification
Organization for Nonprofit Executives - October 2010Update on Immigration-Related Employment Laws
Western Growers Association - September 2010Update on Immigration-Related Employment Laws
Annual Conference - Arizona Society for Human Resource Management - June 2010Wellness Programs in the Workplace
27th Annual Conference and Exposition - Aging Services of Arizona - February 20102010 Employment Law Update
Northern Arizona Human Resource Association