Michael D. Kabat

Partner

mkabat@wargofrench.com

404-853-1515

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First Name:

Michael

Middle Name:

Last Name:

Kabat

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Overview

Practice Areas:

Employment Law

Traditional Labor Relations

Class and Collective Action Litigation

Wage and Hour Litigation

Title VII, ADA and FMLA Litigation

Restrictive Covenants

Office:

Atlanta

Education and Background:

Duke Law School
J.D., 1990

State University of New York at Binghamton
B.A., 1987
Lacrosse Team

Professional Activities:

Recognized as one of Georgia's "Super Lawyers" by Atlanta Magazine in 2013
Member of the Labor and Employment Law sections of the American, Georgia and Atlanta Bar Associations

Bar and Court Admissions:

Member of the State Bars of Georgia, New York and the District of Columbia

Admitted to practice in the United States Court of Appeals for the Third, Fifth, Ninth and Eleventh Circuits, the United States District Courts for the Northern District of Georgia and the Western District of Pennsylvania, the Supreme Court of Georgia and the Georgia Court of Appeals

Represents clients before the Equal Employment Opportunity Commission, state Fair Employment Practices agencies, the National Labor Relations Board, the U.S. Department of Labor, the Office of Federal Contract Compliance Programs and other state and federal agencies

Publications

Publications:

Program Co-Chair, The Seminar Group, ADA, FMLA, & Workers' Compensation: Navigating the Devil's Triangle

Faculty, The Seminar Group, Managing Attendance Issues: Navigating Workman's Compensation, FMLA & ADA

Presenter: The Fair Labor Standards Act - Understanding and Applying the New Wage and Hour Overtime Exemptions

Presenter: Class and Collective Action Update – Defending Against Class and Collective Actions

Presenter: Workplace Threats and Acts of Violence in Georgia Government

Representative Matters

Representative Matters:

Employment:

Serves as national labor and employment litigation counsel to national cable telecommunications company. In that role, has defended company in numerous lawsuits with an emphasis on class and collective actions brought under state and federal wage and hour laws.

Represented international consulting company in class action brought by former consultant under Americans with Disabilities Act and ERISA. Prevailed on motion to dismiss prior to discovery or class certification. See Craig v. BearingPoint, Inc., Civ. Act. No 1 08-CV-2476 (N.D. Ga. Dec. 10, 2008).

Defended a Fortune 50 company in a multimillion dollar Fair Labor Standards Act ("FLSA") class action. Obtained summary judgment prior to class certification in a matter of first impression in the Sixth Circuit regarding the applicability of the outside salesperson exemption under the FLSA. See Fields v. AOL Time Warner, Inc., 261 F. Supp. 2d 971 (W.D. Tenn. 2003).

Represented an international web hosting company in a class action brought under the FLSA. Obtained dismissal with prejudice of all class action claims prior to class certification process in a matter of first impression in Eleventh Circuit. Prior to dismissal of class claims, obtained emergency relief prohibiting named plaintiff from contact with putative class members and other company employees. See Thomas v. Interland, Inc., Civil Action No. 1:02-CV-3175-CC, 2003 WL 24065651 (N.D. Ga. Aug. 25, 2003).

Represented Fortune 600 company in ERISA/age discrimination /wrongful discharge litigation pending in federal district court in West Virginia. The company’s motion to dismiss all claims is pending.

Obtained summary judgment on after-acquired evidence claim and on counterclaims for breach of fiduciary duty and breach of contract against former in-house attorney of one of the nation's largest power companies where company learned that attorney had removed, without authorization, privileged and confidential documents prior to termination.

Represented national insurance company in a race discrimination/retaliation claim in the Northern District of Georgia. Obtained dismissal of the race claim on a Motion for Judgment on the Pleadings and settled the retaliation claim for nuisance value.

Retained by major personal computer sales company after a class action was conditionally certified against the company pursuant to the FLSA. Our team took the lead role in briefing and oral argument against the plaintiffs’ motion for final certification, winning that motion and decertifying the class in a matter of first impression in the District of Idaho. See Smith v. Micron Electronics, Inc., Case No. CV-01-244-S-BLW (D. Idaho Feb. 4, 2005).

Represented distribution company and individual defendants in dispute alleging tortious interference and breach of restrictive covenants. Defended clients against threatened enforcement of non-competition agreement.

Retained to represent international consulting company in class action wage and hour litigation in the District of Massachusetts. Bifurcated case to initially argue applicability of FLSA exemption to individual plaintiff and negotiated favorable settlement of individual claims, terminating all class issues.

Represented international office equipment company in a Lanham Act false advertising and restrictive covenant case filed against a former employee in federal district court in West Virginia. Case settled with offending parties agreeing to pay attorneys’ fees and abide by the terms of the restrictive covenant.

Defended distribution company and individual defendants against multi-state lawsuits alleging non-compete, computer theft, trade secret and civil RICO violations. Negotiated de minimis settlement of all claims and preserving clients’ right to compete in industry.

Represented leading data storage company in trade secret/non-competition litigation in federal district court in Georgia. Defeated effort to obtain injunctive relief against client and negotiated a favorable settlement.
Represented numerous clients in investigations and claims brought by the Department of Labor alleging wage and hour violations.

Represented various employers in affirmative action audits instituted by the Office of Federal Contract Compliance Programs. Reviewed affirmative action documentation and ensured compliance with all affirmative action/EO11246 obligations.

Defended numerous clients before the Equal Employment Opportunity Commission and state Fair Employment Practices agencies against charges of discrimination, harassment and retaliation.

Labor:

Assisted national hospitality industry clients in responding to union picketing activity at client properties.
Assisted numerous employers in wide variety of industries in defeating organizing campaigns mounted by various unions including the Communications Workers, Machinists, Teamsters, Steelworkers, Food and Commercial Workers, Electrical Workers, and Paperworkers Unions.
Represented clients in collective bargaining negotiations with unions including bargaining involving the Autoworkers, Graphic Communications International Union, the United Food and Commercial Workers Union and the Steelworkers Union.

Defended employers against unfair labor practice charges filed with the National Labor Relations Board.

Represented employers in numerous labor arbitrations.
Assisted companies with due diligence and issues related to the acquisition of unionized facilities

Performed supervisor training on “keeping your workforce union free” and “how to manage in a union-environment.

General:

Conducted employment practices audits, including audits of wage and hour compliance, best employment practices, hiring practices, etc.

Conducted manager/supervisor training on harassment in the workplace, proper hiring, discipline and discharge, FMLA and ADA compliance and all other facets of labor and employment law.
Conducted workplace violence training seminars for Georgia public employers and state agency officials

Conducted policy and handbook reviews for employers in all industries.

Published Decisions

Published Decisions:

Gladysiewski v. Allegheny Energy, No. 2:07CV1339, 2009 WL 4403382 (W.D. Pa. Dec. 2, 2009), aff’d, 398 Fed.Appx. 721, 2010 WL 3622446 (3rd Cir. Sept. 20, 2010)

Heilman v. Allegheny Energy Svc. Corp., No. 02:07cv1034, 2008 WL 4591640 (W.D. Pa. Oct. 14, 2008), aff’d, 351 Fed.Appx. 645, 2009 WL 3792419 (3rd Cir. Nov. 12, 2009)

Gladysiewski v. Allegheny Energy Service Corp., 282 Fed.Appx. 979, 2008 WL 2531201 (3rd Cir. June 26, 2008)
Craig-Wood v. Time Warner N.Y. Cable LLC, No. 2:10CV906, 2012 WL 3929819 (S.D. Ohio Sept. 10, 2012)
Singleton v. Time Warner Entertainment Advance-Newhouse Partnership, No. 3:09CV3139-MBS-JRM, 2012 WL 1098262 (D.S.C. Mar. 30, 2012)
Gillings v. Time Warner Cable LLC, No. CV 10-5565-AG-RNBX, 2012 WL 1656937 (C.D. Cal. Mar. 26, 2012)

Botello v. COI Telecom, L.L.C., NO. SA-10-CV-305-XR, 2010 WL 5464824, 50 Employee Benefits Cas. 1916, (W.D. Tex Dec. 30, 2010)

Deleon v. Time Warner Cable LLC, No. CV 09-2438 AG (RNBx), 2010 WL 669116 (C.D. Cal. Feb. 22, 2010)

Harding v. Time Warner, Inc., No. 09CV1212-WQH-WMC, 2010 WL 457690 (S.D. Cal. Jan. 26, 2010)

Harding v. Time Warner, Inc., No. 09CV1212-WQH-WMC, 2009 WL 341574 (S.D. Cal. Aug. 18, 2009)

Speer v. Mountaineer Gas Co., No. 5:06CV41, 2009 WL 2255512 (N.D.W.V. July 28, 2009)

Nesselrotte v. Allegheny Energy, Inc., et. al., 615 F. Supp. 2d 397 (W.D. Pa. 2009)

Holloway v. Select Hotels Group, L.L.C., No. 8:08CV1208-T-33TBM, 2008 WL 4534135, (M.D. Fla Oct. 7, 2008)

Nesselrotte v. Allegheny Energy, Inc., et. al., No. 06-1390, 2007 WL 1411817 (W.D. Pa. May 10, 2007)

Smith, et. al. v. Micron Electronics, Inc., No. CV-01-244-S-BLW, 2005 WL 5336571 (D. Idaho February 04, 2005)

Thomas v. Interland, Inc., No. 1:02-CV-3175CC, 2003 WL 24065651 (N.D. Ga. August 25, 2003)

Fields v. AOL Time Warner, Inc., 261 F. Supp. 2d 971 (W.D. Tenn. 2003)

Perry Judd's, Inc. and GCIU Local 309C, 117 Lab. Arb. (BNA) 1134 (2002)(Kenis, Arb.)

Johnstown America Corporation and USWA Local 2635, 1994 WL 854709, FMCS File No. 94-08208 (1994)(Tharp, Arb.)

Johnstown America Corporation and USWA Local 2635, 1994 WL 838177, FMCS File No. 94-04167 (1994)(Franckiewicz, Arb.)

Johnstown America Corporation and USWA Local 2635, 1994 WL 838178, FMCS File No. 94-041676 (1994)(Franckiewicz, Arb.)

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