People: Michael D. Fleischer, Associate

Photo of Michael D. Fleischer, Associate

Michael D. Fleischer

Associate

Boston
Direct: (617) 946-8325
0
Michael Fleischer is a Senior Associate in the Labor & Employment Department of Seyfarth Shaw’s Boston office. Mr. Fleischer’s practice is dedicated to the representation of management in employment counseling matters and single-plaintiff and class action litigation. Mr. Fleischer has represented employers in a variety of industries including retail, technology, healthcare, hospitality, manufacturing, staffing, and professional services.
 
As a member of the firm’s Complex Discrimination Litigation team, Mr. Fleischer focuses a significant share of his practice defending employers in high-stakes, “bet the company,” complex discrimination cases, including multi-plaintiff discrimination lawsuits and EEOC pattern-or-practice cases. Mr. Fleischer has vast experience assisting clients with the discovery complexities often associated with these cases, including ESI, and has worked in an in-house secondment role.
 
Mr. Fleischer also litigates single-plaintiff cases before state and federal courts, as well as state and federal administrative agencies, and has successfully defended claims in all aspects of litigation involving discrimination, harassment, and retaliation (under Title VII, the ADEA, the ADA, the FMLA, USERRA and related state laws), and wage and hour claims under the FLSA and related state laws.  
 
As a member of the firm’s ADA Title III Specialty Practice team, Mr. Fleischer has experience successfully defending hotels, restaurants, and technology companies against private plaintiff lawsuits brought under ADA Title III, and has conducted accessibility audits involving architectural barriers and effective communication (e.g. accessible websites and mobile apps).
 
Mr. Fleischer also counsels employers and provides company trainings on a wide variety of employment matters, including disability accommodation, family and medical leave, workplace investigations, wage and hour compliance, performance assessment and discipline, terminations, and reductions-in-force.  Mr. Fleischer further assists clients in drafting employment contracts and company handbooks.
 
Mr. Fleischer is actively involved in the firm’s Pro Bono program and works with several non-profit organizations, including the Victim Rights Law Center (where he advocates on behalf of victims of sexual assault), the Special Education Surrogate Parent Program (where he advocates on behalf of students with disabilities), and is on the Board of Directors of Massachusetts Advocates for Children (“MAC”).
Michael Fleischer is a Senior Associate in the Labor & Employment Department of Seyfarth Shaw’s Boston office. Mr. Fleischer’s practice is dedicated to the representation of management in employment counseling matters and single-plaintiff and class action litigation. Mr. Fleischer has represented employers in a variety of industries including retail, technology, healthcare, hospitality, manufacturing, staffing, and professional services.
 
As a member of the firm’s Complex Discrimination Litigation team, Mr. Fleischer focuses a significant share of his practice defending employers in high-stakes, “bet the company,” complex discrimination cases, including multi-plaintiff discrimination lawsuits and EEOC pattern-or-practice cases. Mr. Fleischer has vast experience assisting clients with the discovery complexities often associated with these cases, including ESI, and has worked in an in-house secondment role.
 
Mr. Fleischer also litigates single-plaintiff cases before state and federal courts, as well as state and federal administrative agencies, and has successfully defended claims in all aspects of litigation involving discrimination, harassment, and retaliation (under Title VII, the ADEA, the ADA, the FMLA, USERRA and related state laws), and wage and hour claims under the FLSA and related state laws.  
 
As a member of the firm’s ADA Title III Specialty Practice team, Mr. Fleischer has experience successfully defending hotels, restaurants, and technology companies against private plaintiff lawsuits brought under ADA Title III, and has conducted accessibility audits involving architectural barriers and effective communication (e.g. accessible websites and mobile apps).
 
Mr. Fleischer also counsels employers and provides company trainings on a wide variety of employment matters, including disability accommodation, family and medical leave, workplace investigations, wage and hour compliance, performance assessment and discipline, terminations, and reductions-in-force.  Mr. Fleischer further assists clients in drafting employment contracts and company handbooks.
 
Mr. Fleischer is actively involved in the firm’s Pro Bono program and works with several non-profit organizations, including the Victim Rights Law Center (where he advocates on behalf of victims of sexual assault), the Special Education Surrogate Parent Program (where he advocates on behalf of students with disabilities), and is on the Board of Directors of Massachusetts Advocates for Children (“MAC”).

Education

  • J.D., University of California, Hastings College of the Law (2009)
    cum laude
     
    Supervising Editor, Hastings International and Comparative Law Review
     
    Hastings Moot Court Team
     
    • Best Respondent’s Brief, University of Wisconsin Law School, Evans Constitutional Law Moot Court Competition (2008)

    CALI and Witkin Award, Constitutional Law

    CALI and Witkin Award, Negotiation and Settlement

    Teaching Assistant, Moot Court

  • B.A., University of Pennsylvania, (2003)
    cum laude

Admissions

  • Massachusetts

Courts

  • U.S. Court of Appeals for the First Circuit
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the District of Connecticut

Affiliations

  • Board of Directors, Massachusetts Advocates for Children
  • Boston Bar Association
 

Representative Engagements

Representative Private Plaintiff Class Actions and EEOC Pattern-Or-Practice Actions
 
  • EEOC v. Texas Roadhouse (D. Mass.)  Representing employer in EEOC nationwide pattern-or-practice case alleging hiring discrimination based on age.
  • EEOC v. Sterling Jewelers Inc., (W.D.N.Y.) Representing employer in EEOC nation-wide pattern-or-practice case involving claims of systemic gender discrimination in administration of pay and promotions.
  • Jock et al. v. Sterling Jewelers Inc. (AAA; S.D.N.Y.)  Companion class arbitration involving claims of systemic gender discrimination in administration of pay and promotions.
 
Representative Other Cases
 
  • Jarvis v. Quest Diagnostics, et al., 1481-cv-00819 (Mass. Super. Ct. Oct. 2, 2015) (summary judgment for employer and individual defendant on claims for race, color, national origin discrimination and retaliation. 
  • Barry v. Staples, Inc., 3:12-cv-00936-MPS (D. Conn. Mar. 5, 2014) (summary judgment for employer on claims for workers’ compensation discrimination)
  • Wang v. MKS Instruments, 2013-cv-01291C (Mass. Super. Ct. Dec. 20, 2013) (granting motion to dismiss claims of national origin discrimination and harassment)
  • Illirjhni v. TJ Maxx Co., Inc., (Mass. Dist. Ct. Dec. 24, 2012) (defense verdict on disability benefits claim) 
  • McCarty v. Verizon New England, Inc. et al., 1:09-cv-10991-RGS (D. Mass. Aug. 17, 2010) (summary judgment for employer on claims for intentional infliction of emotional distress, negligent infliction of emotional distress, trespass, and respondeat superior)

Presentations

  • Presenter, “NEHRA Employment Law Basics Course for New HR Professionals," (2013-2016) 
  • Co-Lecturer, “Wearable Technology in the Workplace- Legal Concerns,” Suffolk University Law School (January 2014)
  • Presenter, “USERRA in the Workplace,” NEHRA Employment Law Update Program (Spring 2011)

Publications

  • Co-Author, “Employer Commentary,” Massachusetts Discrimination Law Reporter, Landlaw Legal Publishers (2010-present)
  • Co-Author, “What’s Good For The Goose …Court Turns Table On EEOC In Subpoena Ruling,” Workplace Class Action Blog, Seyfarth Shaw LLP (March 19, 2014)
  • Author, “YELP!- Another Website/Mobile App Launches Allowing Individuals To Rate a Business’s Accessibility to Customers with Disabilities,”  ADA Title III News & Insights Blog, Seyfarth Shaw LLP (December 12, 2013)
  • Co-Author, “Does Your Company Do Business in Ontario? New Ontarian Website Accessibility Regulations May Apply To You,” ADA Title III News & Insights Blog, Seyfarth Shaw LLP (November 12, 2013)
  • Chapter Co-Author, “Employment Law,” ABA Annual Review of Developments in Business and Corporate Litigation (2013)
  • Co-Author, “Supreme Court Update: Christopher v. SmithKline-- Are Petitioners Signaling Concern?, Wage & Hour Litigation Blog, Seyfarth Shaw LLP (June 14, 2012)
  • Chapter Co-Author, “Employment Law,” ABA Annual Review of Developments in Business and Corporate Litigation (2012)
  • Co-Author, “Proposed CORI Regulations Impose a Host of New Requirements on Employers Conducting Criminal Background Checks in Massachusetts,”  Client Alert, Seyfarth Shaw LLP, (March 23, 2012)
  • Co-Author, “CT Commission on Human Rights and Opportunities Overhauls Its Complaint Review Process In Hopes Of Speeding Up Investigations,”  Retail Detail, Seyfarth Shaw LLP (August 23, 2011)
  • Author, “Petition for Supreme Court Review Filed In Pharmaceutical Sales Rep Case,” Wage & Hour Litigation Blog, Seyfarth Shaw LLP (August 18, 2011)
  • Co-Author, “Restaurants Groups Claim New Tip Credit Regulations Are Half-Baked,” Wage & Hour Litigation Blog, Seyfarth Shaw LLP (August 18, 2011)
  • Author, “ In Sickness and In Health: Connecticut Becomes the First State to Mandate Paid Sick Leave for Service Workers,” Wage & Hour Litigation Blog, Seyfarth Shaw LLP (June 20, 2011)
  • Co-Author, “Seventh Circuit Applies Narrowing of Employer’s Potential Statue of Limitations Defense to Disparate Impact Claims,” Workplace Class Action Blog, Seyfarth Shaw LLP (May 17, 2011)
  • Co-Author, “Second Circuit Holds That Denial Of Motion To Amend Class Certification Order Does Not Constitute An Order For Purposes of Interlocutory Appeal of Class Certification Under Rule 23(f),” Workplace Class Action Blog, Seyfarth Shaw LLP (May 6, 2011)
  • Co-Author, “From the War on Terror to the Workplace: Ensuring Successful Transitions for Our Citizen-Soldiers Under USERRA,” NEHRA Insights Magazine (April 21, 2011)
  • Co-Author, “Use of Settlement Offers In a Class Action/Collective Action as a Rule 68 Offer to Moot Employees’ Claims,” Workplace Class Action Blog, Seyfarth Shaw LLP (February 21, 2011)
  • Co-Author, “An Eye on the U.S. Jobs Bill,” Employment Law 360 (March 5, 2010)