Michael J. Loeb, Esq. was a labor and employment lawyer for more than 30 years before joining JAMS in March 2006. He has been mediating cases since 1991. Mr. Loeb began his career as a staff attorney for the California Agricultural Labor Relations Board trying unfair labor practice cases. For three decades, he was a “full service” labor and employment lawyer first at Crosby Heafey Roach & May, Oakland (later merged with Reed Smith), and then with McCutchen, Doyle, Brown & Enersen, whose labor and employment law department he led before its merger with Bingham Dana forming Bingham McCutchen in 2002.
ADR Experience and Qualifications
- Mediated, litigated, tried, or arbitrated virtually every conceivable type of labor, employment and employment benefits dispute in federal and state courts, including wage and hour class actions, wrongful termination, discrimination, harassment and retaliation cases, employment contract disputes, and misappropriation of trade secret cases
- Since 1991, mediated, arbitrated, or served as an early neutral evaluator in more than 1,000 cases, including the following representative matters
Representative Matters
- Wage and Hour Claims:
- Numerous wage and hour individual and class action cases, involving the alleged misclassification of employees as exempt, the failure to provide meal and rest periods, the failure to distribute tips and service charges, travel time, and off the clock work. Mr. Loeb has mediated class actions involving California, Massachusetts, Florida, and Illinois wage and hour laws and the FLSA
- Wrongful Termination:
- Executive termination cases involving disputes over whether good cause existed for termination, whether restricted stock and stock options vested, and the valuation of stock options
- Public sector wrongful termination and whistleblower cases
- Retaliation lawsuits alleging wrongful termination for engaging in protected activity or opposition to unlawful practices
- Discrimination Claims:
- Age discrimination cases
- Disability discrimination cases involving alleged wrongful termination, failure to provide reasonable accommodations, and the interplay between workers’ compensation, long-term disability, SSDI, and disability discrimination claims
- National origin discrimination cases and cases involving alleged discrimination based on English only policies
- Pregnancy and Family Medical Leave/Family Rights Act discrimination cases, involving termination of employees on leave, and the failure to reinstate employees following the end of leaves
- Sexual Harassment: Individual and multiple plaintiff sexual harassment cases
- ERISA:
- ERISA cases involving alleged breaches of fiduciary duty in the management of trust fund assets
- ERISA section 510 cases involving alleged discrimination to avoid the vesting of or receipt of benefits
- ERISA welfare benefit denial cases, primarily involving the denial of long-term disability benefits
- Trade secret, non-compete, and non-solicitation disputes
- Americans with Disabilities Act (non-employment):
- Class action claims alleging failure to provide access to disabled students in educational facilities and activities
- Class action claims involving the alleged lack of access to health care facilities and equipment