Michael F. O'Brien

Practice Areas

• Labor and Employment
  • Employment Litigation
  • Employment Relations, Policies, and Regulatory Practice
    • Affirmative Action Programs
    • Covenants Not to Compete and Trade Secrets
    • Drug and Alcohol Policies and Testing
    • Employee Discipline and Termination
    • Employment Counseling
    • Employment Policies and Manuals
    • Equal Employment Opportunity
    • Family and Medical Leave Act
    • Management Training
    • Wage and Hour/Fair Labor Standards Act
    • Whistleblower Protection
    • Worker Adjustment and Retraining Notification Act ("WARN")
    • Workplace Harassment, Including Sexual Harassment
    • Workplace Technology Policies
  • Immigration
• Litigation
  • Class Actions
  • Employment Litigation
  • Public Records and Open Meetings

Education

• Cleveland State University, Cleveland-Marshall College of Law, J.D., 1993, magna cum laude
  Cleveland State Law Review, Associate Member, 1991–1992, Research Editor, 1992-1993
• College of the Holy Cross, B.A., 1979

Bar & Court Admissions

• Ohio
• U.S. Court of Appeals for the Sixth Circuit
• U.S. District Court for the Northern District of Ohio
• U.S. District Court for the Southern District of Ohio
• U.S. District Court for the Western District of Wisconsin

Mr. O'Brien is a senior attorney in the Vorys Columbus office and a member of the labor and employment practice group.  He has defended several employers in national and multi-state collective and class actions under federal and state wage-hour laws.  Mr. O’Brien has also defended employers in federal and state courts in a broad range of employment-related lawsuits, including Title VII, the Family and Medical Leave Act, the Fair Labor Standards Act, the American with Disabilities Act and the Age Discrimination in Employment Act.  He counsels clients on a broad range of employment issues, including federal and state employment laws, discharge and discipline of employees, layoffs, employment contracts, and the drafting of employee handbooks.

His notable experience includes:

• Defending and advising employers regarding state and federal wage-hour laws, class actions and collective actions

Mr. O’Brien has participated in seminars regarding the Fair Labor Standards Act, the Family and Medical Leave Act, sexual harassment, employment discrimination and how to conduct an employment audit.

Mr. O’Brien received his J.D. magna cum laude from Cleveland State University, Cleveland-Marshall College of Law where he was an associate member and Research Editor of the Cleveland State Law Review.  He received his B.A. from the College of the Holy Cross and was awarded a National Merit Scholarship.

Honors & Awards

• Howard Oleck Distinguished Writing Award, Cleveland State University, Cleveland-Marshall College of Law

Publications

• Chapter author, Wage and Hours Laws, A State-by-State Survey 
• Allen S. Kinzer & Michael F. O’Brien, “Rule Changes to Minimum Wage and Overtime Requirements Under Consideration,” Ohio Matters, September/October 2003
• “Operation Rescue Blockades and the Misuse of 42 U.S.C. Section 1985(3),” Cleveland State Law Review, 1993 (41 Clev. St. L. Rev. 145)

• Labor and Employment Alert: Department of Labor Posts Guidance for Employers on FMLA and FLSA Issues Arising From Employers’ Response to Flu Outbreak
• Client Alert: FMLA Qualifying Exigency Leave and Military Caregiver Leave Expanded By New Law
• Client Alert: Supreme Court of Ohio Limits Scope of State’s Prevailing Wage Law