Michael C. Griffaton
Practice Areas
- Government Relations
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Labor and Employment
- Employment Litigation
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Employment Relations, Policies, and Regulatory Practice
- 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
- Litigation
Industries
Education
- Case Western Reserve University School of Law, J.D., 1993, magna cum laude, Order of the Coif
Case Western Review Law Review, Associate and Executive Notes Editor, 1991-1993 - Ohio Wesleyan University, B.A., 1990, magna cum laude, Phi Beta Kappa, University Honors
Bar & Court Admissions
Mike is of counsel in the Vorys Columbus office and a member of the labor and employment and government relations practice groups. He has significant experience with wage and hour law, noncompetition, discrimination, wrongful discharge, Worker Adjustment and Retraining Notification Act (WARN Act), affirmative action, and prevailing wage. In his practice, Mike advises Ohio and national employers on policy development, personnel matters, and litigation avoidance and represents them before government agencies and the courts and through alternative dispute resolution. He also advises clients on legislative advocacy and strategizes, drafts, and analyzes state and federal legislation.
His notable experience includes:
- Defending and advising employers regarding state and federal wage-hour laws, class actions, and collective actions
- Drafting and advising clients with respect to legislation involving the Ohio Constitution, taxation, insurance, gaming, liquor control, employment (including being the principle architect of Revised Code section 4111.14, Ohio’s minimum wage law), public notice, education, and public utilities
- Conducting sexual harassment, equal employment opportunity, and general human resources training
- Counseling employers on proactive legal compliance strategies and employee relations issues
- Prosecuting and defending lawsuits regarding covenants not to compete, trade secrets and advising employers in connection with the drafting of those agreements
Mike has spoken at numerous seminars on many topics, including wage-hour compliance, marijuana in the workplace, discrimination, social media, and legislative developments. He has also testified before the Ohio House of Representatives, Ohio Senate, and the Ohio Ballot Board. Mike also keeps clients apprised of legal and legislative issues through regular e-alerts, articles and blogs.
Mike received his J.D. magna cum laude from Case Western Reserve University School of Law where he was the executive notes editor of the Case Western Law Review and the recipient of the Theodore Sindell Prize for the Best Essay in Tort Law and the American Jurisprudence Award for research and writing. He received his B.A. magna cum laude from Ohio Wesleyan where he was Phi Beta Kappa.
Professional and Community Activities
- CATCO, Board of Directors, January 2016-present
- Ohio Humanities Council, Board of Trustees, 2004-2011; Chair, 2007-2011
- Actors’ Theatre Company, Board of Directors, First Vice President and Secretary, 2002-2005
- Friends of the Columbus Metropolitan Library, Board of Trustees, 1998-2004
- Community 21 (Columbus Community Cable Access, Inc.), Board of Trustees, First Vice President, 1997-2002
Honors & Awards
- American Jurisprudence Award in Research and Writing
- Theodore Sindell Award for Best Essay in Tort Law
News
- 5/30/2019Mike Griffaton, of counsel in the Vorys Columbus office and a member of the labor and employment group, was quoted in a Columbus Dispatch story titled “Ohio Employers Can Fire Workers Who Use Medical Marijuana.”
- 12/3/2018Mike Griffaton, of counsel in the Vorys Columbus office, was quoted in a Columbus Business First story about the changes companies are making to the HR policies in light of the #Metoo era.
- 5/2/2017Mike Griffaton, of counsel in the Vorys Columbus office and a member of the labor and employment group, was quoted in a Smart Business story regarding Ohio’s new medical marijuana law.
- 10/24/2016Mike Griffaton, of counsel in the Vorys Columbus office, was quoted throughout a Columbus Dispatch story about the discussion of politics in the workplace.
- 9/7/2016Mike Griffaton, of counsel in the Vorys Columbus office and a member of the labor and employment group, was quoted in a Columbus Dispatch story about the steps that still have to be taken before there will be medical marijuana in Ohio.
- 5/19/2016Mike Griffaton was quoted in an Employment Law360 story about the U.S. Department of Labor’s new and final version of the overtime exemption rule.
- 10/8/2007
Events
- 2/3/2021Vorys attorney Michael Griffaton discussed House Bill 606 in a webinar hosed by the Ohio Bankers League.
- 10/12/2020Vorys was proud to host a weeklong virtual program providing insights and updates for HR professionals from October 12-15, 2020.
- 9/17/2019Vorys Attorney Mike Griffaton spoke at the Council of State Retail Associations (CSRA) on September 17, 2019.
- 8/20/2019Vorys Attorneys Nelson Cary and Mike Griffaton spoke at the Ohio Bankers League (OBL) Cannabis Banking Conference on August 20, 2019.
- 7/24/2019Dazed and Confused Webinar, Part II: What Ohio Employers Need To Know About Cannabis Employment LawsOn July 24, 2019, attorneys Michael Griffaton and Jolie Havens hosted the second webinar in the series titled “Dazed and Confused, Part II: What Ohio Employers Need to Know About Cannabis Employment Laws.”
- 8/27/2018Vorys attorneys Mike Griffaton and Andy Kaplan presented at the 2018 International Association of Official Human Rights Agencies Annual Conference on August 27, 2018.
- December 6-8, 2017Ohio Common Pleas Judges Association (OCPJA) hosted their Winter Conference on December 6-8, 2017. Vorys attorney Mike Griffaton presented at the conference.
- 3/14/2017Vorys attorney Mike Griffaton was a speaker at Government Spotlight: Medical Marijuana hosted by the Columbus Chamber of Commerce on March 14, 2017.
Insights
- 6/17/2022In a decision as complicated as the PAGA statute itself, the United States Supreme Court just held that the Federal Arbitration Act partially preempts California’s “Iskanian rule” that prohibits submitting individual PAGA claims to arbitration.
- 6/3/2022On Wednesday, June 1, the Ohio General Assembly passed HB 430 that, among other things, includes a statewide prohibition against local rent control ordinances and regulations. The bill has been sent to the governor for his signature.
- 5/11/2022Currently, seven states require employers to provide (either proactively or upon request) a position’s wage or salary information to applicants, and, in some cases, to employees.
- 4/26/2022Under Washington law, employers are already prohibited from requiring employees sign nondisclosure agreements that restrict their ability to disclose workplace sexual harassment and assault.
- 4/14/2022Like the federal Fair Labor Standards Act (FLSA), Ohio’s overtime law requires that employees be paid 1.5 times their regular hourly rate for hours worked in excess of 40 in a workweek.
- 4/13/2022New York recently amended the state’s Civil Rights Law to require employers to provide their employees with prior notice of any telephone, email or internet monitoring.
- 4/11/2022In April 2022, the Massachusetts Supreme Judicial Court held that employers are strictly liable under the Massachusetts Wage Act for treble damages when making late final wage payments.
- 3/23/2022Earlier this month, a Texas federal court held that the Department of Labor (DOL) violated the Administrative Procedure Act by delaying and withdrawing a Trump-era rule that allowed businesses to more easily classify workers as independent contractors.
- 2/17/2022Starting February 19, 2022, California employers will once again have to comply with supplemental paid sick leave for COVID-related reasons.
- 2/10/2022Earlier today, February 10, 2022, the Senate passed House Resolution 4445—expected to be signed into law by President Biden shortly—which prohibits the enforcement of contract provisions mandating arbitration of workplace sexual harassment or sexual assault claims.
- 12/8/2021On December 7, 2021, a federal district court in Georgia temporarily blocked the federal contractor vaccine mandate from taking effect nationwide.
- 12/1/2021On November 30, 2021, a federal district court in Kentucky temporarily blocked the federal contractor vaccine mandate from taking effect in Kentucky, Ohio, and Tennessee.
- 11/10/2021On October 28, 2021, the U.S. Department of Labor (DOL) published its Final Rule that limits the amount of time tipped employees can spend in non-tipped activities during periods that an employer utilizes the tip credit.
- 10/7/2021In September, President Biden issued an Executive Order requiring that all employees (with limited exceptions) working on or in connection with covered federal government contracts be fully vaccinated against COVID-19. The Safer Worker Federal Workforce Task Force then issued its COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors implementing the Executive Order and mandating that employees be fully vaccinated by December 8, 2021.
- 9/10/2021On September 9, 2021, President Biden announced that the Occupational Safety and Health Administration (OSHA) is developing a rule that will require all employers with 100 or more employees to ensure their workforce is fully vaccinated or require any unvaccinated employees to produce a weekly negative test in order to come to work.
- 8/19/2021On August 13, 2021, the Occupational Safety and Health Administration (OSHA) issued updated guidance to align with recent Centers for Disease Control and Prevention (CDC) changes to masking and testing recommendations for fully vaccinated individuals (Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace | Occupational Safety and Health Administration (osha.gov)).
- 7/27/2021In May 2021, New York enacted its Health and Essential Rights Act (HERO Act). The law mandates extensive workplace health and safety protections in response to the current pandemic and to protect against future airborne infectious disease outbreaks.
- 7/22/2021Beginning October 1, 2021, Connecticut employers will soon face considerable new pay equity obligations.
- 7/19/2021On July 15, 2021, the California Supreme Court answered Alice’s question with respect to paying employees for missed meals and rest breaks – employers must pay meal and break premiums at the employee’s higher “regular rate” rather than the employee’s base hourly rate.
- 7/14/2021On July 9, 2021, President Biden issued an Executive Order “to promote competition in the American economy, which will lower prices for families, increase wages for workers, and promote innovation and even faster economic growth.”
- 6/11/2021In January 2021, President Biden issued an Executive Order directing the Occupational Safety and Health Administration (OSHA) to take action to reduce the risk that workers may contract COVID-19 in the workplace.
- 5/20/2021On May 17, 2021, Alabama became the 37th state to “legalize” medical cannabis with the passage of the “Darren Wesley ‘Ato’ Hall Compassion Act.”
- 4/27/2021On April 26, 2021, the Equal Employment Opportunity Commission (EEOC) announced the opening of its 2019 and 2020 EEO-1 data collection.
- 4/23/2021Virginia recently joined New Mexico and New York in legalizing recreational or adult use and possession of marijuana (which is still prohibited under federal law).
- 4/16/2021Until recently, Virginia did not have a law requiring overtime compensation for hours worked over 40 in a week.
- 4/9/2021On April 1, 2021, New Mexico became the seventeenth state to legalize adult use or recreational cannabis for those 21 and older. New York just legalized recreational cannabis on March 31 (see our alert on this law here).
- 4/6/2021On March 12, 2021, New York enacted legislation requiring that all employers in the state provide paid leave time to their employees in order to receive COVID-19 vaccinations.
- 4/1/2021On March 31, 2021, New York became the sixteenth state to legalize adult use or recreational cannabis for those 21 and older. Cannabis use and possession – whether for recreational or medical use – still remains illegal under federal law.
- 3/29/2021Beginning March 29, 2021, California employers with 25 or more employees must provide supplemental sick leave to employees affected by COVID-19. This is a new bank of leave, which means that employers with 500 or more employees that already provided paid supplemental sick leave in 2020 also have to provide this new leave. The law is retroactive to January 1, 2021. And while the law expires on September 30, 2021, an employee taking leave at that time can still take the full amount of leave.
- 3/25/2021California employers are familiar with the complexities of the state’s wage-hour laws, as well as the Draconian penalties for noncompliance.
- 3/15/2021On March 10, 2021, Congress passed the American Rescue Plan Act of 2021 (ARPA or the Act).
- 3/10/2021As businesses, schools, and other organizations reopen across the country, employers remain concerned about potential liability if employees or customers contract COVID-19 in their workplace or business.
- 2/26/2021In November 2020, nearly two-thirds of New Jersey voters approved an amendment to the state’s Constitution to legalize adult use cannabis.
- 2/16/2021The California Family Rights Act (CFRA) provides most employees in California with the right to take up to 12 weeks of leave from work to care for themselves or their family members with a serious health condition or to bond with a new child.
- 2/8/2021On January 29, 2021, the Occupational Safety and Health Administration (OSHA) published updated guidance for employers on COVID-19.
- 1/29/2021The New Year brings new reporting obligations for California employers. Under California Senate Bill 973, employers with 100 or more employees (anywhere in the country) must report pay and hours-worked data by establishment, job category, sex, race, and ethnicity to the California Department of Fair Employment and Housing (DFEH) by March 31, 2021, and annually thereafter.
- 1/19/2021According to the latest Gallup Poll, 68% of Americans support legalizing marijuana.
- 1/14/2021On January 12, 2021, Ohio enacted House Bill 352, the Employment Law Uniformity Act (ELUA) to improve Ohio’s employment discrimination laws.
- 1/13/2021California’s Child Abuse and Neglect Report Act (CANRA) requires individuals who are statutorily defined as “mandated reporters” to report known or reasonably suspected child abuse or neglect to law enforcement personnel and social service agencies.
- 1/8/2021The COVID-19 pandemic has accelerated the move to employees working remotely, whether temporarily or permanently.
- 1/6/2021Colorado’s new Equal Pay for Equal Work Act (EPEWA) prohibits gender-based pay discrimination and imposes strict requirements for job postings and equal pay transparency.
- 12/31/2020On December 30, 2020, the U.S. Department of Labor published its Final Rule related to tipped employees.
- 12/28/2020Yesterday evening, the President signed into law the Bipartisan COVID-19 Emergency Relief Act of 2020 (the “Relief Act”).
- 12/28/2020Earlier this month, the U.S. Equal Employment Opportunity Commission updated its COVID-19 technical assistance with new information on vaccinations.
- 12/23/2020On December 20, 2020, Congress passed the Emergency Coronavirus Relief Agreement, which, if approved by the president, will be signed into law as the COVID-related Tax Relief Act of 2021 (CTRA). The CTRA offers approximately $900 billion in relief and stimulus provisions (discussed in more detail here). However, not included in the CTRA is an extension of the mandatory leave provisions of the Families First Coronavirus Response Act (FFCRA), which are set to expire on December 31, 2020. Instead, the CTRA extends the tax credits available to covered employers that continue to offer paid leave under the FFCRA framework through March 31, 2021.
- 12/3/2020The California Department of Public Health already requires employers to notify local health departments if there are three or more cases of COVID-19 in their workplace within a two-week period.
- 12/2/2020The California Occupational Safety and Health Standards Board recently approved emergency, temporary COVID-19 regulations.
- 11/24/2020Two additions and a clarification of Ohio’s immunity legislation were enacted when the General Assembly recently passed House Bill 151. It grants temporary qualified civil immunity to health care isolation centers during a disaster or emergency and temporarily authorizes emergency medical technicians to perform certain emergency medical services in hospitals.
- 11/20/2020On September 30, 2020, all private sector employees in New York began to accrue sick leave under the state’s new sick and safe leave law.
- 11/11/2020In September 2020, the City of Columbus enacted its “Wage Theft Prevention and Enforcement Ordinance” (Chapter 377 of the city code). Effective January 1, 2021, the ordinance broadly emphasizes investigating and penalizing “wage theft,” “payroll fraud,” and employee misclassification.
- 11/4/2020
- 10/23/2020On October 22, 2020, Michigan enacted four COVID-related laws that provide protections to businesses and to employees.
- 10/2/2020Janay Stevens, an associate in the Columbus office, and Michael Griffaton, of counsel in the Columbus office, authored an article for the Columbus Bar Association titled "Mandatory COVID Vaccinations: There is No Vaccine Against Legal Risk." The article discussing potential legal risks for employers who require employees to receive a vaccine for COVID-19.
- 9/15/2020As businesses in Ohio continue to reopen, employers are concerned about potential liability if their employees or customers contract COVID-19 in their workplace or business.
- 9/10/2020Across the country, numerous class and collective actions have been filed against food delivery companies, especially pizza restaurants, by drivers claiming they are not paid enough for delivery-related expenses.
- 7/23/2020Beginning on Thursday, July 23, 2020, at 6:00 p.m., a statewide mask mandate will go into effect for those living in all 88 Ohio counties.
- 6/19/2020Sweeping changes to the Ohio Workers’ Compensation Act were made when Am. Sub. H.B. 81 was signed into law by Governor Mike DeWine on June 16, 2020.
- 6/16/2020On June 15, 2020, the United States Supreme Court held for the first time that Title VII prohibits discrimination on the basis of sexual orientation and transgendered status.
- 6/8/2020As businesses in Ohio reopen and employees return to work, employers are concerned about potential liability if their employees or customers contract COVID-19 in their workplace or business. Two bills pending in the Ohio General Assembly are meant to address – and limit – that potential liability.
- 6/3/2020In April 2020, New York amended its Election Law to change this voting entitlement. Because the law took immediate effect, it applies to the elections scheduled for June 23.
- 6/1/2020As employers begin to reopen their businesses and employees start to return to work, New Mexico employers will need to contend with new workplace laws in addition to confronting the myriad workplace changes wrought by COVID-19).
- 5/29/2020As employers begin to reopen their businesses and employees start to return to work, Virginia employers will need to contend with a significant expansion of the Virginia Human Rights Act.
- 5/27/2020As employers begin to reopen their businesses and employees start to return to work, Virginia employers will need to contend with several new workplace laws (in addition to confronting the myriad workplace changes wrought by COVID-19).
- 5/19/2020As jurisdictions begin to lift their COVID-19 restrictions, employers must contend with myriad issues as their businesses begin to reopen and employees return to work. A state may require or recommend that employees conduct daily COVID-19 symptom assessments, which may include taking their temperature.
- 5/12/2020On May 7, 2020, the EEOC announced that, in light of the COVID-19 public health emergency, the agency is suspending the collection of EEO-1 data for 2020.
- 4/21/2020In response to the economic toll of the COIVD-19 pandemic, Pennsylvania has enacted new notification requirements in its unemployment compensation law.
- 4/15/2020In this Alert, we summarize the EEOC’s most recent guidance on employers’ ADA obligations concerning reasonable accommodation and telework. Importantly, the EEOC notes that the answers to these questions may change as the risks presented by COVID-19 decrease.
- 4/14/2020The EEOC made clear in a recent webinar that “in this extraordinary time, the laws enforced by the EEOC -- Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Rehabilitation Act, the Genetic Information Nondiscrimination Act -- continue to apply.”
- 2/11/2020Indiana courts enforce restrictive covenants in employment agreements only if they are reasonable.
- 2/6/2020In 2017, Philadelphia became the first city to prohibit private employers from inquiring about a job applicant’s wage history and from relying on an applicant’s wage history in setting his or her salary.
- 2/3/2020The federal Worker Adjustment Retraining and Notification Act (WARN Act) requires employers to provide employees with advance notice of certain plant closings and mass layoffs.
- 1/31/2020Over Governor Larry Hogan’s veto, the Maryland General Assembly recently enacted legislation to prohibit employers from initially seeking job applicants’ criminal records.
- 12/18/2019The Michigan Medical Marijuana Act (MMMA) grants qualified medical marijuana users who are using marijuana in accordance with the MMMA immunity from “arrest, prosecution, or penalty in any manner.”
- 12/13/2019Twenty-one states and the District of Columbia currently prohibit discrimination on the basis of sexual orientation and/or gender identity and expression.
- 12/10/2019In December 2018, Philadelphia, Pennsylvania enacted its “Fair Workweek Employment Standards Ordinance” to mandate predictable pay and scheduling for employees in the retail, food service, and hospitality industries.
- 10/22/2019As we previously reported in Part I of this series, the Illinois Workplace Transparency Act (WTA) will significantly change the contours of employment, separation, and settlement agreements when it becomes effective on January 1, 2020.
- 10/21/2019The new Illinois Workplace Transparency Act (WTA) significantly changes the contours of employment, separation, and settlement agreements in Illinois.
- 10/17/2019Connecticut, along with California, Delaware, Illinois, Maine and New York, require workplace sexual harassment training.
- 10/3/2019New Jersey recently joined a growing number of states and municipalities that have passed laws prohibiting employers from inquiring into a job applicant’s salary history.
- 9/25/2019Today, the U.S. Department of Labor (DOL) issued a final rule that significantly expands the overtime protections in the Fair Labor Standards Act (FLSA).
- 9/17/2019As we previously reported, the Equal Employment Opportunity Commission (EEOC) has been ordered to collect to employers’ EEO-1 Component 2 compensation data.
- 8/26/2019Illinois has now joined 10 other states and the District of Columbia in “legalizing” adult use or recreational marijuana/cannabis for those over 21.
- 7/29/2019California and New York recently enacted the CROWN Act (Creating a Respectful and Open Workplace) to further prohibit discrimination on the basis of natural hairstyle.
- 7/26/2019In August 2015, the City of Pittsburgh, Pennsylvania, enacted the Paid Sick Days Act (PSDA).
- 7/24/2019Austin and San Antonio (in 2018) and Dallas (in 2019) all enacted substantially identical paid sick leave ordinances.
- 7/8/2019Nevada is one of nine states to have “legalized” recreational marijuana use and one of 33 states to have “legalized” medical marijuana (marijuana use for any purpose remains illegal under federal law).
- 7/2/2019State laws vary on whether employers must provide current and former employees with access to their personnel records and, if so, what information is included within those records.
- 6/24/2019Oregon recently enacted the Workplace Protection Act (WPA) to restrict the use of nondisclosure agreements in circumstances alleging employment discrimination and mandating the employers adopt written anti-discrimination policies.
- 6/13/2019The Paid Family Leave Law (PFLL) becomes effective on July 1, 2019, with paid leave benefits beginning on January 1, 2021.
- 5/2/2019On April 25, 2019, the United States District Court for the District of Columbia accepted a proposal from the EEOC that will require employers who are covered by the EEO-1 reporting requirements to submit supplemental data on employees’ pay segmented by sex, race, and ethnicity by September 30.
- 4/19/2019On March 13, 2019, the City of Cincinnati joined a growing number of states and municipalities that have passed laws prohibiting employers from inquiring into a job applicant’s salary history.
- 3/8/2019On March 7, 2019, the U.S. Department of Labor (DOL) finally released its proposed rule to expand the overtime protections in the Fair Labor Standards Act (FLSA).
- 2/5/2019The EEOC recently announced that the filing deadline to submit the current EEO-1 has been extended to May 31, 2019. This one-time extension for the EEO-1 was due to the “partial lapse in appropriations” to the EEOC during the government shutdown
- 1/22/2019The start of a new year often brings new laws. Discussed below are several laws affecting Illinois employers that became effective on January 1.
- 1/18/2019As of January 1, 2019, Connecticut became one of the latest jurisdictions to prohibit employers from inquiring into applicants’ salary history.
- 1/7/2019In December 2018, Michigan enacted its Paid Medical Leave Act (PMLA), which becomes effective in March 2019.
- 1/2/2019Suffolk County, New York, has become one of the latest jurisdictions to prohibit employers from asking applicants about their compensation history. The law becomes effective on June 30, 2019.
- 12/31/2018Massachusetts is one of 11 states that currently mandate removing criminal history questions from job applications for private employers. These states are California, Connecticut, Hawaii, Illinois, Minnesota, New Jersey, Oregon, Rhode Island, Vermont, and Washington. At least 17 cities and counties across the country have also extended these requirements to private employers. The beginning of the new year is a good time for employers to review their hiring policies and procedures and what information they collect from applicants in this regard.
- 11/30/2018On November 21, 2018, the Pennsylvania Supreme Court issued a far-reaching decision that “an employer has a legal duty to exercise reasonable care to safeguard its employees’ sensitive personal information stored by the employer on an internet-accessible computer system.”
- 11/20/2018A Texas Court of Appeals recently ruled that the City of Austin’s paid sick leave law is unconstitutional under Texas law.