Michael E.Olsen
Associate
Labor & Employment
molsen@seyfarth.com
Mike is a fearless legal advocate for employers, helping them achieve their goals through proactive counseling and advice, as well as litigation.
More About Michael
Mike assists clients with navigating the ever-evolving landscape of California employment law with respect to PAGA and wage and hour compliance, including defending against putative class, representative, and FLSA collective actions, as well as implementing and enforcing arbitration agreements. Mike resolves single-plaintiff discrimination, retaliation, and harassment claims.
To prevent claims from arising, Mike advises on day-to-day issues such as the often-complex process of disability accommodations and leaves of absence. He conducts workplace investigations into harassment, discrimination, and retaliation, and he performs exemption audits, as well as assisting with designing and implementing reductions in force. Before the pandemic shutdowns, Mike was writing about the implications of COVID-19 for employers in the Daily Journal, and advised clients mindfully through shifting and new legislation during this unprecedented time.
In his more than 10 years of experience representing and counseling employers, he has successfully represented employers in litigation before state and federal agencies, courts, and arbitral forums. He has represented and counseled clients across various industries, including aerospace, manufacturing, film and studio, e-commerce, retail, finance, health care, hospitals and insurance providers, and staffing and employee leasing companies. Additionally, Mike was the sole labor and employment counsel for North America for a publicly traded e-commerce and logistics company with 2,000 employees. Having served as in-house counsel, Mike understands the constraints and realities that his clients face, allowing him to offer practical solutions to his clients’ employment law needs.
To prevent claims from arising, Mike advises on day-to-day issues such as the often-complex process of disability accommodations and leaves of absence. He conducts workplace investigations into harassment, discrimination, and retaliation, and he performs exemption audits, as well as assisting with designing and implementing reductions in force. Before the pandemic shutdowns, Mike was writing about the implications of COVID-19 for employers in the Daily Journal, and advised clients mindfully through shifting and new legislation during this unprecedented time.
In his more than 10 years of experience representing and counseling employers, he has successfully represented employers in litigation before state and federal agencies, courts, and arbitral forums. He has represented and counseled clients across various industries, including aerospace, manufacturing, film and studio, e-commerce, retail, finance, health care, hospitals and insurance providers, and staffing and employee leasing companies. Additionally, Mike was the sole labor and employment counsel for North America for a publicly traded e-commerce and logistics company with 2,000 employees. Having served as in-house counsel, Mike understands the constraints and realities that his clients face, allowing him to offer practical solutions to his clients’ employment law needs.
- JD, University of California College of the Law, San Francisco
- MA, San Francisco State University
- BA, California State University, Fresno
Externship
- Extern, The Honorable Thelton E. Henderson, US District Court for the Northern District of California (2014)
- Extern, US Attorney’s Office for the Central District of California (2013)
- California
- US Court of Appeals, Ninth Circuit
- US District Court, Central District of California
- US District Court, Eastern District of California
- US District Court, Northern District of California
- US District Court, Southern District of California
- Drafted and won denial of multiple motions for remand and leave to amend complaints including complaints under FEHA, and a motion for leave to filed a third amended complaint in putative class and collective action.
- Drafted and argued multiple successful motion to compel individual arbitration of numerous putative class and PAGA action complaints that sought to represent putative classes of several thousand retail and banking employees.
- After removal to federal court, and on the eve of trial, secured entry of full summary judgment in a breach of contract commercial litigation between an aerospace company and one of its suppliers where the plaintiff- supplier had sought in excess of $15 million in damages; entry of summary judgment in favor of client was upheld in full on appeal to the Ninth Circuit Court of Appeals.
- Drafted and argued successful demurrers/motions for judgment on the pleadings to numerous complaints under California’s Fair Employment and Housing Act (FEHA) for failure to exhaust administrative remedies where the administrative complaints were facially deficient.
- At the pleading stage, successfully obtained dismissal of a complaint for race discrimination and harassment under FEHA, after removal to federal court, based on lack of jurisdiction under the presumption against the extraterritorial application of state law and the Outer Continental Shelf Lands Act.
- Successfully moved to quash multiple subpoenas for production of business records in a wage and hour class action, significantly limiting the discovery of class information.
- Represented numerous employers and obtained numerous dismissals before the Division of Labor Standards Enforcement (DLSE), including obtaining dismissals of claims of unpaid wages and claims for unpaid meal and rest break premiums.
- Successfully obtained motions for judgment on the pleadings on various wage and hour claims, appealed from a decision of the DLSE, including alleged overtime and unreimbursed business expenses, with the court dismissing the action in its entirety for lack of subject matter jurisdiction and awarding attorneys’ fees and costs to the defendant.
- Successful anti-Strategic Lawsuit Against Public Participation motion, including an award of attorneys’ fees and costs, where the plaintiff sued the defendant-employee for supporting through declaration her employer’s pursuit of a temporary restraining order against the plaintiff.
- On eve of jury trial and following final pretrial conference, successfully moved ex parte to stay or dismiss a former Board Member and executive’s suit for breach of contract and breach of fiduciary duties following executive’s ouster and dismissal from Board of Directors, upon discovery of forum selection clause upon taking over case from prior counsel.
- Recognized as a "Ones to Watch" lawyer by Best Lawyers in America (Woodward/White Inc.) for Labor and Employment Law - Management (2021-2024)
- Orange County Coalition for Diversity in the Law, Inc., President & Director, board member and officer (2023-present)
- Orange County Lavender Bar Association, Vice President & Director, board member and officer (2018-present)
- National LGBTQ Bar Association, member
- Los Angeles County Bar Association, member (2015-present)
- Orange County Bar Association, member
- Co-Author, "Families First Coronavirus Response Act: Two New Forms of Job Protected Paid Leave to Be Enacted," Westlaw Journal Employment (March 24, 2020)
- Co-Author, "Coronavirus: Top 10 issues for employers," Daily Journal (March 13, 2020)
- Contributing Author, "Section of Labor and Employment Law Committee on Federal Labor Standards Legislation Subcommittee on the Family and Medical Leave Act," American Bar Association 2016 Midwinter Meeting Report of 2015 Cases
- Author, "Disabled but Unqualified: The Essential Functions Requirement as a Proxy for the Ideal Worker Norm," 66 Hastings Law Journal 1485 (2015)
Mike is a fearless legal advocate for employers, helping them achieve their goals through proactive counseling and advice, as well as litigation.
More About Michael
Mike assists clients with navigating the ever-evolving landscape of California employment law with respect to PAGA and wage and hour compliance, including defending against putative class, representative, and FLSA collective actions, as well as implementing and enforcing arbitration agreements. Mike resolves single-plaintiff discrimination, retaliation, and harassment claims.
To prevent claims from arising, Mike advises on day-to-day issues such as the often-complex process of disability accommodations and leaves of absence. He conducts workplace investigations into harassment, discrimination, and retaliation, and he performs exemption audits, as well as assisting with designing and implementing reductions in force. Before the pandemic shutdowns, Mike was writing about the implications of COVID-19 for employers in the Daily Journal, and advised clients mindfully through shifting and new legislation during this unprecedented time.
In his more than 10 years of experience representing and counseling employers, he has successfully represented employers in litigation before state and federal agencies, courts, and arbitral forums. He has represented and counseled clients across various industries, including aerospace, manufacturing, film and studio, e-commerce, retail, finance, health care, hospitals and insurance providers, and staffing and employee leasing companies. Additionally, Mike was the sole labor and employment counsel for North America for a publicly traded e-commerce and logistics company with 2,000 employees. Having served as in-house counsel, Mike understands the constraints and realities that his clients face, allowing him to offer practical solutions to his clients’ employment law needs.
To prevent claims from arising, Mike advises on day-to-day issues such as the often-complex process of disability accommodations and leaves of absence. He conducts workplace investigations into harassment, discrimination, and retaliation, and he performs exemption audits, as well as assisting with designing and implementing reductions in force. Before the pandemic shutdowns, Mike was writing about the implications of COVID-19 for employers in the Daily Journal, and advised clients mindfully through shifting and new legislation during this unprecedented time.
In his more than 10 years of experience representing and counseling employers, he has successfully represented employers in litigation before state and federal agencies, courts, and arbitral forums. He has represented and counseled clients across various industries, including aerospace, manufacturing, film and studio, e-commerce, retail, finance, health care, hospitals and insurance providers, and staffing and employee leasing companies. Additionally, Mike was the sole labor and employment counsel for North America for a publicly traded e-commerce and logistics company with 2,000 employees. Having served as in-house counsel, Mike understands the constraints and realities that his clients face, allowing him to offer practical solutions to his clients’ employment law needs.
- JD, University of California College of the Law, San Francisco
- MA, San Francisco State University
- BA, California State University, Fresno
Externship
- Extern, The Honorable Thelton E. Henderson, US District Court for the Northern District of California (2014)
- Extern, US Attorney’s Office for the Central District of California (2013)
- California
- US Court of Appeals, Ninth Circuit
- US District Court, Central District of California
- US District Court, Eastern District of California
- US District Court, Northern District of California
- US District Court, Southern District of California
- Drafted and won denial of multiple motions for remand and leave to amend complaints including complaints under FEHA, and a motion for leave to filed a third amended complaint in putative class and collective action.
- Drafted and argued multiple successful motion to compel individual arbitration of numerous putative class and PAGA action complaints that sought to represent putative classes of several thousand retail and banking employees.
- After removal to federal court, and on the eve of trial, secured entry of full summary judgment in a breach of contract commercial litigation between an aerospace company and one of its suppliers where the plaintiff- supplier had sought in excess of $15 million in damages; entry of summary judgment in favor of client was upheld in full on appeal to the Ninth Circuit Court of Appeals.
- Drafted and argued successful demurrers/motions for judgment on the pleadings to numerous complaints under California’s Fair Employment and Housing Act (FEHA) for failure to exhaust administrative remedies where the administrative complaints were facially deficient.
- At the pleading stage, successfully obtained dismissal of a complaint for race discrimination and harassment under FEHA, after removal to federal court, based on lack of jurisdiction under the presumption against the extraterritorial application of state law and the Outer Continental Shelf Lands Act.
- Successfully moved to quash multiple subpoenas for production of business records in a wage and hour class action, significantly limiting the discovery of class information.
- Represented numerous employers and obtained numerous dismissals before the Division of Labor Standards Enforcement (DLSE), including obtaining dismissals of claims of unpaid wages and claims for unpaid meal and rest break premiums.
- Successfully obtained motions for judgment on the pleadings on various wage and hour claims, appealed from a decision of the DLSE, including alleged overtime and unreimbursed business expenses, with the court dismissing the action in its entirety for lack of subject matter jurisdiction and awarding attorneys’ fees and costs to the defendant.
- Successful anti-Strategic Lawsuit Against Public Participation motion, including an award of attorneys’ fees and costs, where the plaintiff sued the defendant-employee for supporting through declaration her employer’s pursuit of a temporary restraining order against the plaintiff.
- On eve of jury trial and following final pretrial conference, successfully moved ex parte to stay or dismiss a former Board Member and executive’s suit for breach of contract and breach of fiduciary duties following executive’s ouster and dismissal from Board of Directors, upon discovery of forum selection clause upon taking over case from prior counsel.
- Recognized as a "Ones to Watch" lawyer by Best Lawyers in America (Woodward/White Inc.) for Labor and Employment Law - Management (2021-2024)
- Orange County Coalition for Diversity in the Law, Inc., President & Director, board member and officer (2023-present)
- Orange County Lavender Bar Association, Vice President & Director, board member and officer (2018-present)
- National LGBTQ Bar Association, member
- Los Angeles County Bar Association, member (2015-present)
- Orange County Bar Association, member
- Co-Author, "Families First Coronavirus Response Act: Two New Forms of Job Protected Paid Leave to Be Enacted," Westlaw Journal Employment (March 24, 2020)
- Co-Author, "Coronavirus: Top 10 issues for employers," Daily Journal (March 13, 2020)
- Contributing Author, "Section of Labor and Employment Law Committee on Federal Labor Standards Legislation Subcommittee on the Family and Medical Leave Act," American Bar Association 2016 Midwinter Meeting Report of 2015 Cases
- Author, "Disabled but Unqualified: The Essential Functions Requirement as a Proxy for the Ideal Worker Norm," 66 Hastings Law Journal 1485 (2015)