Overview

Michael S. McIntosh has represented clients in connection with a wide variety of labor and employment issues – from Railway Labor Act litigation, to employee handbook and policy preparation, to general employment counseling. However, his practice primarily focuses on complex wage and hour litigation in federal and state courts. He regularly represents clients in collective, class, and hybrid actions under the Fair Labor Standards Act and state wage and hour laws, as well as representative actions brought by the U. S. Department of Labor. These include actions involving allegations of off-the-clock work, compensable preliminary and postliminary activities, and employee misclassification.

As part of his complex wage and hour litigation practice, Michael has helped secure Multi-District Litigation (MDL) treatment of related actions filed in multiple federal jurisdictions to ensure a coordinated or consolidated handling of those matters. He has also participated in numerous jury trials in federal courts across the country, including single-plaintiff, collective action, and DOL representative action trials. 

In conjunction with his wage and hour litigation practice, Michael helps employers audit their wage and hour practices. This can include everything from reviewing employers’ formal policies and practices to ensure compliance with the applicable legal standards to conducting large-scale surveys of client’s in-field personnel to audit the exempt status of certain categories of employees. 

He also has extensive experience litigating matters before federal and state courts of appeal, including before the U.S. Courts of Appeals for Second, Third, Ninth and Eleventh Judicial Circuits, as well as the California Courts of Appeal and California Supreme Court. He has helped handle dozens of appeals and writ petitions on behalf of clients in a variety of subject matters, including wage and hour actions and contractual disputes.

Professional & Community Affiliations

Member

Labor and Employment Section

District of Columbia Bar

Member

State Bar of California

Recognition

Named, Rising Star

Virginia and West Virginia

Super Lawyers

2014 - 2017

Named, Rising Star

Washington, DC

Super Lawyers

2015 - 2017

News, Analysis & Press

Preserving the Record for Appeal: A Checklist for Trial Lawyers

VII No. 4 ABTL Report (Orange County) 1

Winter 2005/2006

Trial of an FLSA “Donning and Doffing” Class Action After IBP v. Alvarez

21 No. 3 ANEMPLR 11

West

2006

Books & Book Chapters

  • The Mid-Atlantic Employer, LexisNexis, Virginia, 2013
  • Littler Mendelson on Employment Law Class Actions, LexisNexis, Class Certification Under Rule 23, Chapter 9, 2nd Ed., Chapter Co-Editor, 2012
  • Fair Labor Standards Act, Section of Labor and Employment Law - American Bar Association and Bloomberg BNA, Collective Actions, Chapter 19, 2nd Ed., Chapter Contributor, 2010

Speaking Engagements

How to Self-Audit Your Organization’s Wage and Hour Practices

Law.com webinar

October 10, 2019

The Wage and Hour Update: Federal Deregulation Efforts Contrast With State, Local, and Private Enforcement Expansion

2019 Mid-Atlantic Employer Conference, Bethesda, MD

June 7, 2019

Auditing Your Organization’s Wage and Hour Practices

Tysons Corner, VA

November 15, 2018

Top Wage & Hour Mistakes and What to Do About Them

Virginia SHRM State Conference

April 24, 2018

Pay Equity: Planning for Change

2017 Mid-Atlantic Employer

June 6, 2017

Top 10 Human Resources Issues Affecting Your Business

Virginia Society of CPAs, Business & Industry Conference, Williamsburg, VA

May 2017

The 2016 Election: What Does a Trump Victory Mean for Employers?

Tysons Corner, VA

December 13, 2016

Working on Overtime: Preparing for DOL’s Changes to the FLSA Overtime Regulations

Accounting Principals

July 28, 2016

2016 Mid-Atlantic Employer Conference

Washington, DC

June 7, 2016

DOL's Proposed Changes to the White Collar Regulations: What Should Employers Do Now?

Tysons Corner, VA

September 23, 2015

Overview of Federal Labor Laws for Government Contractors (SCA, DBA, FLSA, OFCCP and related Executive Orders)

Public Contracting Institute: HR and Labor Compliance for Federal Contractors

September 15, 2015

Arbitration Programs with Class Waivers – Protection from Wage and Hour Class/Collective-Action Liability

Tysons Corner, VA

October 21, 2014

Wage & Hour Law: Collective Actions Under FLSA

44th Annual Conference on Labor Relations and Employment Law - The Virginia Bar Association, National Harbor, MD

September 12, 2014

Beyond the Companionship Exemption: How to Reclassify Employees

DecisionHealth Webinar

March 20, 2014

Litigation Armoring — Building Advance Defenses to Common Wage and Hour Class and Individual Claims

Tysons Corner, VA

January 23, 2014

Litigation Armoring – Building Advance Defenses to Common Wage and Hour Class and Individual Claims

Washington, DCTysons Corner, VA

October 16, 2013

Compensable Work Time and Calculating Overtime

Teleconference, Section of Labor and Employment Law - American Bar Association Center for Continuing Legal Education

September 22, 2010

Education

  • J.D., University of Virginia School of Law, 2003
  • B.A., Georgetown University, 2000cum laude

Bar Admission

Virginia
California
District of Columbia

Courts

  • U.S. Court of Appeals, 2nd Circuit
  • U.S. Court of Appeals, 3rd Circuit
  • U.S. Court of Appeals, 9th Circuit
  • U.S. Court of Appeals, 11th Circuit
  • U.S. District Court, Eastern District of Virginia
  • U.S. District Court, Central District of California