Michael J. Loeb 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 Agricultural Labor Relations Board trying unfair labor practice cases. For the past 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.
Mr. Loeb has 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, he has mediated, arbitrated, or served as an early neutral evaluator in numerous cases, including the following representative matters.
- Wage and Hour Class and Individual Actions
- Numerous wage and hour class action and individual cases, involving the alleged misclassification of employees as exempt or as independent contractors, the failure to provide meal and rest periods, PAGA claims, 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, Illinois, and Hawaii wage and hour laws and the FLSA. He has also arbitrated, to final award, a wage and hour class action involving more than 7,000 class members.
- Discrimination Claims
- Age discrimination cases
- Disability discrimination cases involving alleged wrongful termination, failure to provide reasonable accommodations or engage in the interactive process, 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/California Family Rights Act discrimination and interference claims involving termination of employees on leave, the failure to grant leaves, and the failure to reinstate employees following the end of leaves
- Religious discrimination cases resulting from the failure to reasonably accommodate religious beliefs of practices
- Sexual Harassment
- Individual and multiple plaintiff sexual harassment cases
- Trade Secret, Non-Compete, and Non-Solicitation disputes
- 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
- 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