Michael S. McIntosh

Practice Areas

Wage and Hour; Class Actions; Litigation and Trials; Appellate; Healthcare; Home Health and Home Care; Littler Pay Equity Assessment

Career

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, McIntosh 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, McIntosh 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 clients’ in-field personnel to audit the exempt status of certain categories of employees.

McIntosh 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.

Professional Memberships

District of Columbia Bar; State Bar of California

Publications

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

Personal

J.D., University of Virginia School of Law; B.A., Georgetown University, cum laude