Overview

Michael Weber provides 24/7 service and pragmatic advice to clients – managers, human resources professionals and in-house employment counsel. He assists clients with human resources issues, including decisions concerning hiring, firing, promotions, compensation, and leaves.

As a highly-experienced employment law trial lawyer, Michael has successfully defended clients in scores of individual, class and collective actions; hundreds of mediations and arbitration proceedings; and achieved multiple defense verdicts in state and federal courts involving claims of:

  • Discrimination and harassment
  • Violations of wage and hour laws
  • Negligence in hiring, supervision, and retention
  • Breach of contract
  • Negligent and intentional infliction of emotional distress

In addition to his litigation practice, Michael counsels employers on effective strategies for avoiding litigation and prepares them for litigation when unavoidable. He represents clients in cases involving:

  • Restrictive covenant litigation
  • Whistleblower defense
  • Alternative dispute resolution
  • Arbitrations
  • Wrongful termination
  • Breach of contract
  • Employee benefits
  • Wage and hour violations
  • Discrimination issues

Michael has extensive experience working with companies in the following industries:

  • Insurance
  • Hospitality
  • Retail
  • Financial services
  • Staffing
  • Healthcare
  • Transportation

Michael frequently speaks throughout the country on contemporary labor and employment law topics. He is regularly interviewed by the press and has been published in major national trade publications. His views and opinions are valued by senior management and employee relations professionals throughout the country. Michael is founder of the firm's New York office and a member of Littler's Board of Directors. 

Selected Matters

  • Mercer Health & Benefits LLC v. DiGregorio, 307 F. Supp. 3d 326, (S.D.N.Y. 2018): obtained a temporary restraining order and a preliminary injunction preventing former employees from soliciting Mercer customers.
  • Lawson v. Avis Budget Car Rental, LLC, 194 F. Supp. 3d 301 (S.D.N.Y. 2016): successful motion for summary judgment in a disability discrimination and retaliation matter.
  • Marsh USA Inc. v. Schuhriemen, 183 F. Supp. 3d 529 (S.D.N.Y. 2016): obtained a temporary restraining order and a preliminary injunction enjoining former employee from violating non-solicitation agreement.
  • Yang v. Navigators Group, Inc., 155 F. Supp. 3d 327 (S.D.N.Y. 2016): successful motion for summary judgment against claims of violations of the anti-retaliation provision of the Sarbanes-Oxley Act and the whistleblower protection provision of the Dodd-Frank Act.
  • Gonder v. Dollar Tree Stores, Inc., 144 F. Supp. 3d 522 (S.D.N.Y. 2015): motion to dismiss complaint and compel arbitration in a race discrimination and retaliation matter granted.
  • Tanen v. Douglas Elliman, LLC, 2015 WL 6746693 (N.Y. Sup. Nov. 2, 2015): obtained motion for summary judgment and dismissal of complaint alleging claims of breach of contract; breach of implied covenant of good faith; violation of Article 6 of the New York Labor Law; quantum meruit and unjust enrichment; and conversion.
  • Forte v. Liquidnet Holdings, Inc., 2015 WL 5820976 (S.D.N.Y. Sept. 30, 2015), aff'd, 675 Fed. Appx. 21, 2017 WL 104316 (2d Cir. Jan. 10, 2017): motion for summary judgment in a gender discrimination matter granted.

Professional & Community Affiliations

Member

Labor and Employment Section

American Bar Association

Member

New York City Bar Association

Editorial Advisor

Hospitality Law

Recognition

Named, The Best Lawyers in America©

2013-2019

News, Analysis & Press

Mandatory Arbitration Agreements: To Be or Not to Be

New York Law Journal

January 11, 2017

6 Ways to Protect the Company from Whistleblowers

Corporate Counsel

September 2, 2015

Seasonal Employees Can Bring Not-So-Merry Risks

Compliance Week

December 9, 2014

Wage and Hour Errors Common at Small Employers

Society for Human Resource Management (SHRM)

November 19, 2014

Rainmaker Q&A: Littler's Michael Weber

Law360.com

September 17, 2013

Dynamic Year Expected in Labor and Employment Law

Expert Guide - Labour & Employment Law 2013

Corporate LiveWire

May 2013

Paid-sick-leave saga is hardly over

Crain's New York Business

March 31, 2013

Michael Weber: When lawyers are the only winners

Crain's New York Business

September 16, 2012

Dads get a break in new Bloomie's contract

Crain's New York Business

May 2, 2012

Are Law Firms Long-Term Greedy Enough?

ABA Journal

February 3, 2011

Labour and Employee Benefits Handbook

Practical Law Company

October 28, 2010

Responding to the Expanding City and State Human Rights Laws

New York Law Journal

January 29, 2010

Class Action Communications

New York Law Journal

October 16, 2008

Rise of ADR for Workplace Disputes

New York Law Journal

July 17, 2008

Leading the Way in E-Discovery

New York Law Journal

April 17, 2008

Books & Book Chapters

  • PLC Cross-Border Labour and Employee Benefits Handbook, United States Chapter, 2008-2009

Speaking Engagements

Two Hot Topics: Mandatory Arbitration, and Separation / Confidentiality Agreements

New York, NY

November 3, 2016

Testimony on Mandatory Arbitration Clauses in Employment Matters

New York State Assembly Standing Committee on Consumer Affairs and Protection and Assembly Standing Committee on Judiciary, Public Hearing, New York, NY

February 10, 2016
Corporate Compliance & Financial Services Update

New York, NY

November 19, 2015
Mandatory Arbitration of Employment Disputes — A Littler Debate

New York, NY

February 25, 2014
Brinker - The Final Decision: Hospitality

April 26, 2012
Tips, Tip Pooling, and Tip Credits: What Service Employers Need to Know

New York, NY

May 2, 2011
New York Employment Law Update 2009

New York, NY

October 6, 2009

Education

  • J.D., New York Law School
  • B.A., Alfred University

Bar Admission

New York

Courts

  • U.S. Supreme Court
  • U.S. Court of Appeals, 2nd Circuit
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Western District of New York
  • U.S. District Court, Southern District of New York