Michael S. McIntosh

mmcintosh@littler.com
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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.

Credentials & Recognition

Speaking Engagements

2022 Employment Law Update

  • June 8, 2022
  • The Mid-Atlantic Regional Employer Conference

Managing the Legal Implications of Wandering Workers

  • April 28, 2022
  • ACC National Capital Region

The Never-Ending Crisis: The Latest Workplace Legal Issues Related to the COVID-19 Pandemic

  • April 25, 2022
  • HR Virginia 2022 Annual Conference

The Commonwealth’s Wage & Hour Law Transformation

  • April 25, 2022
  • HR Virginia 2022 Annual Conference

The Pandemic 2 Years Later – How COVID-19 Has Changed Nothing, But Everything

  • March 17, 2022
  • 2022 Richmond SHRM Legal Update

Employment Law Update: 2020 Employment Law Changes You Need to Plan For

  • February 20, 2020
  • Richmond SHRM

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

  • October 10, 2019
  • Law.com webinar

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

  • June 7, 2019
  • 2019 Mid-Atlantic Employer Conference, Bethesda, MD

Top Wage & Hour Mistakes and What to Do About Them

  • April 24, 2018
  • Virginia SHRM State Conference

Pay Equity: Planning for Change

  • June 6, 2017
  • 2017 Mid-Atlantic Employer

Top 10 Human Resources Issues Affecting Your Business

  • May 2017
  • Virginia Society of CPAs, Business & Industry Conference, Williamsburg, VA

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

  • July 28, 2016
  • Accounting Principals

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

  • September 15, 2015
  • Public Contracting Institute: HR and Labor Compliance for Federal Contractors

Additional Thought Leadership

Preserving the Record for Appeal: A Checklist for Trial Lawyers

  • Winter 2005/2006
  • VII No. 4 ABTL Report (Orange County) 1
  • Richard A. Derevan

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

  • 2006
  • 21 No. 3 ANEMPLR 11
  • West
  • Michael J. Mueller

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

Let us know how we can help you navigate your particular workplace legal issues.