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
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, 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
- 5/2/2017Mike 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
- 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
- 10/18/2018Labor and Employment Alert: California Extends Mandatory Sexual Harassment Training to All EmployeesCalifornia law currently requires employers with 50 or more employees to provide at least two hours of prescribed training and education regarding sexual harassment, abusive conduct, and harassment based upon gender to all supervisory employees within six months of assuming a supervisory position and once every two years thereafter.
- 10/17/2018In California, a court is prohibited from entering an order in a civil action that restricts disclosing this information and such a provision entered into on or after January 1, 2017, void as a matter of law and against public policy. Senate Bill 820 expands this prohibition.
- 10/16/2018In May 2016, OSHA published a final rule that prohibited employers from retaliating against their employees for reporting work-related injuries or illnesses.
- 10/12/2018This week, the Department of Justice (DOJ) sent a letter to Congress reaffirming its stance that Title III of the Americans with Disabilities Act (ADA) applies to websites.
- 10/11/2018Effective January 1, 2019, Illinois will become the ninth state to mandate that employers reimburse employees for expenses incurred in carrying out their job duties.
- 10/10/2018In September 2018, in Northern Kentucky Area Development District v. Danielle Snyder, the Kentucky Supreme Court held that employers are not permitted to require employees to enter into an arbitration agreement as a condition of employment.
- 10/2/2018As we previously reported, New York State recently enacted expansive changes to its sexual harassment law.
- 9/25/2018Under the federal Fair Labor Standards Act (FLSA), employees who are covered by the act’s overtime provisions must receive overtime pay for hours worked over 40 in a workweek at a rate of not less than time and one-half their regular rate of pay.
- 9/20/2018The federal Fair Credit Reporting Act (FCRA) sets forth requirements for employers who obtain criminal background checks (consumer reports in FCRA parlance) on applicants or employees from third parties (referred to as consumer reporting agencies).
- 9/14/2018Illinois recently amended its Nursing Mothers in the Workplace Act to require employers to provide paid breaks for nursing mothers to express breastmilk.
- 9/7/2018In August 2018, in Gaffers v. Kelly Services, Inc., the Sixth Circuit Court of Appeals upheld an arbitration agreement that required individual arbitration of claims under the federal Fair Labor Standards Act (FLSA).
- 9/4/2018Delaware’s Discrimination in Employment Act was amended to address sexual harassment and to require training of employees and supervisors concerning sexual harassment and retaliation. The law takes effect on January 1, 2019.
- 8/30/2018The New York City Human Rights Law (HRL) prohibits discrimination on the basis of age, citizenship, arrest or conviction record, caregiver status, color, credit history, disability, gender, gender identity, marital status, national origin, pregnancy, race, religion, salary history, sexual orientation, domestic violence victim status, unemployment status, or veteran or military status.
- 8/29/2018After nearly a decade of work, On August 1, 2018, the Massachusetts Legislature enacted a far-reaching law that imposes substantive and procedural requirements for noncompetition agreements and prohibits their use for several classes of employees (notably, employees who are classified as non-exempt).
- 7/12/2018California’s Fair Employment and Housing Act prohibits harassment and discrimination based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation and military and/or veteran status.
- 7/6/2018Georgia law already requires drivers to exercise “due care” in operating motor vehicles and to not engage in any actions which district the driver from the vehicle’s safe operation.
- 7/2/2018On June 26, 2018, voters in Oklahoma approved a ballot initiative to legalize medical marijuana (which remains illegal under federal law).
- 6/29/2018Earlier this year, the U.S. Department of Labor (DOL) issued “Fact Sheet #17S” on the applicability of the Fair Labor Standards Act’s (FLSA) minimum wage and overtime exemptions for jobs in colleges and universities.
- 6/28/2018In 2009, Maine enacted the Maine Medical Use of Marijuana Act (MMUMA), permitting qualifying patients to use medical marijuana.
- 6/25/2018Under the Washington Law Against Discrimination (WLAD), discrimination on the basis of a protected status such as race, national origin, sex, veteran or military status, sexual orientation or disability is prohibited.
- 6/22/2018New Hampshire recently amended its laws against discrimination to prohibit discrimination based on gender identity.
- 6/21/2018Maryland recently enacted the “Disclosing Sexual Harassment in the Workplace Act,” which becomes effective on October 1, 2018.
- 6/1/2018On May 17, 2018, South Carolina’s Pregnancy Accommodations Act became effective. The state enacted the law “to combat pregnancy discrimination, promote public health, and ensure full and equal participation for women in the labor force by requiring employers to provide reasonable accommodations to employees for medical needs arising from pregnancy, childbirth, or related medical conditions.”
- 5/31/2018California law requires that employees receive an itemized wage statement containing statutorily prescribed information. Wage statements that lack the required information or that are inaccurate subject the employer to penalties and potential liability under the state’s Private Attorney Generals Act.
- 5/23/2018Michigan’s Elliott-Larson Civil Rights Act prohibits discrimination “because of sex” and applies to all employers who employ at least one person.
- 5/21/2018In a split 5-4 decision, the United States Supreme Court upheld workplace arbitration agreements that prohibit class and collective actions.
- 5/2/2018To the consternation of employers, New Jersey has had a patchwork of 13 local paid sick leave ordinances.
- 4/25/2018Washington recently enacted the “Fair Chance Act” and in doing so joined the expanding list of state and local jurisdictions to “ban-the-box” and limit employer access to a prospective employee’s criminal record.
- 4/17/2018On April 12, 2018, New York Governor Andrew Cuomo signed the state’s 2018-2019 budget bill, which includes sweeping changes to the state’s sexual harassment law.
- 4/13/2018The Sixth Circuit Court of Appeals (with jurisdiction over Kentucky, Michigan, Ohio and Tennessee) recently held that Title VII of the Civil Rights Act protects transgendered (or transitioning) status.
- 4/11/2018On April 9, 2018, the Ninth Circuit Court of Appeals held that prior salary, either alone or in combination with other factors, cannot justify a wage differential between male and female employees.
- 4/10/2018West Virginia law allows property owners and employers to prohibit carrying firearms on any property “under his or her domain,” which previously included parking lots.
- 4/9/2018New Jersey recently enacted the “Diane B. Allen Equal Pay Act” to significantly expand the New Jersey Law Against Discrimination (LAD) with respect to pay equity.
- 3/12/2018For California employers, no good deed goes unpunished. Dart Container Corporation paid its employees, in addition to their normal hourly wage, a flat sum $15 attendance bonus if they were scheduled to work on a Saturday or Sunday.
- 3/8/2018The U.S. Department of Labor’s Wage and Hour Division (WHD) recently announced a pilot program to encourage employers to self-report their wage-hour violations.
- 3/2/2018Effective June 2018, Kansas City, Missouri, and Spokane, Washington, will become the latest cities to have ban-the-box laws for private employers.
- 2/28/2018On February 26, 2018, the Second Circuit Court of Appeals held that discrimination on the basis of sexual orientation is a form of sex discrimination prohibited by Title VII of the Civil Rights Act.
- 2/27/2018On February 16, 2018, Austin, Texas became the latest jurisdiction to adopt a paid sick leave ordinance.
- 2/1/2018With immigration being a hot topic, California employers should be aware of legislation enacted in October 2017 that restricts their ability to cooperate with federal immigration officials.
- 1/31/2018Effective July 1, 2018, adults who are 21 years and older will be allowed to cultivate, possess and consume marijuana in Vermont.
- 1/23/2018As we previously reported, the Illinois Biometric Information Privacy Act (BIPA) requires individuals and companies to provide notice and obtain consent before collecting or using biometric data and then ensure the proper storage and disposal of that data.
- 1/22/2018In December 2017, the Ninth Circuit Court of Appeals joined the Second, Sixth and Eleventh Circuits in rejecting the U.S. Department of Labor’s (DOL) six-part test for determining whether interns are employees under the Fair Labor Standards Act.
- 1/18/2018Maryland is now the eighth state (behind Arizona, California, Connecticut, Massachusetts, Oregon, Vermont and Washington) to require sick leave for employees.
- 1/17/2018The tax bill signed by the president on December 22, 2017, changed the rules for deducting settlement payments and attorney’s fees related to sexual harassment or sexual abuse claims.
- 12/29/2017Earlier this month, the National Labor Relations Board (NLRB) articulated a new standard for evaluating when a facially neutral workplace policy or rule would potentially interfere with rights protected by the National Labor Relations Act (NLRA). In doing so, the NLRB overruled its 2004 Lutheran Heritage Village-Livonia decision, which had held that employers violated the NLRA if their workplace rules could be “reasonably construed” by employees as prohibiting their exercise of protected rights.
- 12/22/2017Companies are increasingly turning to technology to track customers and employers. For example, employers use fingerprint readers as means of employee timekeeping.
- 11/30/2017Last year, the federal Occupational Safety and Health Administration (OSHA) amended its recordkeeping rules related to workplace injuries and illnesses to require employers keeping those records to submit information to OSHA electronically.
- 10/20/2017The California Fair Employment and Housing Act currently requires employers with 50 or more employees to provide all supervisory employees with at least two hours of training and education regarding sexual harassment and abusive conduct.
- 10/18/2017California law generally prohibits an employer from asking applicants to disclose, or from using as a factor in determining any condition of employment, information concerning arrests or detentions not resulting in a conviction.
- 10/16/2017On October 12, 2017, California became the latest jurisdiction to prohibit employers from inquiring into applicants’ salary history.
- 9/28/2017Restrictive employment agreements such as non-compete and non-solicitation agreements are generally disfavored.
- 9/27/2017Just recently, in Severson v. Heartland Woodcraft, the Seventh Circuit Court of Appeals completely rejected the EEOC’s position – “A multimonth leave of absence is beyond the scope of a reasonable accommodation under the ADA.“
- 9/22/2017The Kentucky Supreme Court recently held that Kentucky’s wage-hour law (Kentucky Revised Statutes §337.385) permits class actions for unpaid wages and overtime.
- 9/15/2017New York’s Paid Family Leave Law (PFLL) will provide employees with wage replacement while away from work in order to bond with a child, care for a close relative with a serious health condition, or help with family duties when someone is called to military service.
- 9/13/2017In August 2017, an Ohio federal court certified a class of 7,000 American Family Insurance agents who claimed they were misclassified as independent contractors.
- 9/5/2017The federal district court in Connecticut recently considered whether federal law prevents enforcing Connecticut’s Palliative Use of Marijuana Act (PUMA), which permits the use of medical marijuana for certain conditions.
- 9/1/2017On August 31, 2017, the federal district court in Texas invalidated the U.S. Department of Labor’s (DOL) overtime rule.
- 8/30/2017On August 29, 2017, the Office of Management and Budget (OMB) immediately halted the EEOC’s revisions to the EEO-1 form that were to take effect in March 2018.
- 8/28/2017The Missouri legislature recently enacted significant changes that raise the bar on proving discrimination and whistleblower claims; cap compensatory and punitive damage; eliminate individual liability for supervisors; and preempt local minimum wages. They become effective on August 28, 2017.
- 8/23/2017Effective July 2017, Vermont joined the growing list of state and local jurisdictions to “ban-the-box” and limit employer access to a prospective employee’s criminal record. Eight other states (Connecticut, Hawaii, Illinois, Massachusetts, Minnesota, New Jersey, Oregon and Rhode Island) have removed criminal history questions from job applications for private employers.
- 8/21/2017Effective October 1, 2017, Connecticut employers will be required to provide reasonable accommodations to pregnant employees and job applicants. The new "Act Concerning Pregnant Women in the Workplace" generally requires an accommodation unless providing one would cause an undue hardship.
- 8/10/2017For years, pet owners have implanted RFID (radio frequency identification) microchips in their dogs and cats to help track the animals if they get lost.
- 8/9/2017Delaware recently enacted a law prohibiting employers from inquiring into applicants’ salary histories. According to the legislation, “when employers ask prospective employees for their wage or salary history, it perpetuates disparities in pay based on gender from one job into another.”
- 8/7/2017In November 2016, New York City enacted the nation’s first “Freelance Isn’t Free Act” to establish and enhance protections for independent contractors.
- 8/4/2017Massachusetts law already protects employees from discrimination on the basis of race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, ancestry and veteran status.
- 7/28/2017In February 2016, the Equal Employment Opportunity Commission (EEOC) published revisions to its Employer Information Report (EEO-1) that are intended to “assist the agency in identifying possible pay discrimination and assist employers in promoting equal pay in their workplaces.”
- 7/27/2017In July 2017, the Massachusetts Supreme Judicial Court issued a landmark decision that medical marijuana users are entitled to reasonable accommodation and may pursue handicap discrimination claims under Massachusetts law.
- 7/26/2017In July 2017, San Francisco joined New York City, Philadelphia, Delaware, Massachusetts, and Oregon in banning employers from asking applicants about their salary history.
- 7/19/2017The Pennsylvania Files Act (PFA) requires an employer to permit an employee to inspect his or her personnel files used to determine the employee’s qualifications for employment, promotion, additional compensation, termination, or disciplinary action.
- 7/18/2017Effective January 1, 2018, Nevada employers will be required to provide leaves of absence to employees who are victims of domestic violence or whose family or household members are domestic violence victims.
- 7/14/2017Washington law requires that employees who work five consecutive hours receive a 30-minute meal break.
- 7/13/2017Under the federal Fair Labor Standards Act tip-credit provision, employers may use an employee’s tips as a credit against the employee’s minimum wage.
- 6/28/2017Labor and Employment Alert: New Philadelphia Regulations Permit Closing Businesses That DiscriminatePhiladelphia’s Fair Practices Ordinance already prohibits discrimination in public accommodation, employment, and housing because of age, ancestry, color, disability, domestic/sexual violence victim status, ethnicity, familiar status, gender identity, marital status, national origin, race, religion, sex and sexual orientation.
- 6/26/2017California law already prohibits employers from using certain criminal history in hiring, discipline, termination and other employment decisions.
- 6/16/2017California has long prohibited discrimination on the basis of sexual orientation, gender identity, and gender expression (such as appearance and behavior).
- 6/15/2017This week a federal judge in Florida passed down one of the most historic Americans with Disabilities Act (ADA) website accessibility decisions to date, finding that Winn-Dixie was liable under the ADA because its website was inaccessible.
- 6/7/2017Today, the U.S. Department of Labor (DOL) announced that it is withdrawing two Administrator’s Interpretations on joint employment and independent contractors that were issued under the Obama administration.
- 6/6/2017Labor and Employment Alert: Oregon Adopts an Expansive Equal Pay Act That Prohibits Salary InquiriesRecently, Oregon enacted the Oregon Equal Pay Act of 2017. The act prohibits employers from inquiring into an applicant’s or employee’s salary history and expands the reach of the equal pay requirements.
- 6/1/2017On May 30, 2017, New York City became the third city behind San Francisco and Seattle to prohibit the practice of “on-call scheduling” for retail employees.
- 5/25/2017California, like 48 other states, is an employment-at-will state (Montana is the sole exception). This means that employment without a specified term may be terminated at the will of either party. But the presumption of at-will employment can be overcome by the parties agreeing – either expressly or impliedly – to limit the employer’s termination rights.
- 5/24/2017The Family and Medical Leave Act (FMLA) prohibits an employer from discriminating or retaliating against employees who have used FMLA leave.
- 5/18/2017As we reported previously, the federal Occupational Safety and Health Administration (OSHA) amended its recordkeeping rules related to workplace injuries and illnesses in May 2016 to require employers keeping such records to submit information to OSHA electronically.
- 5/16/2017Effective July 1, 2017, Georgia’s employers will have to contend with a new paid sick leave law. But unlike other jurisdictions that impose paid sick leave mandates, Georgia’s law only applies to employers who already offer paid sick leave benefits to their employees.
- 5/12/2017West Virginia recently enacted the Safer Workplace Act to advance “the confidence of West Virginia workers that they are in safe workplaces ... by recognizing the right of West Virginia’s employers to require mandatory drug testing.”
- 5/11/2017California’s Labor Code ensures employees a “day of rest” by providing that every employee “is entitled to one day‘s rest therefrom in seven" and that "no employer of labor shall cause his employees to work more than six days in seven."
- 5/1/2017The Occupational Safety and Health Administration (OSHA) no longer asserts that non-employee union representatives have the right to attend workplace safety inspections.
- 4/26/2017Medical marijuana has been legal in Michigan since 2008, and more than 200,000 patients currently grow their own marijuana or obtain marijuana from 37,000 state-registered caregivers.
- 4/20/2017On April 19, 2017, West Virginia Governor Jim Justice signed Senate Bill 386 allowing the use of medical marijuana in the state. The law creates a medical cannabis commission that will adopt the necessary regulations for the state’s Bureau of Public Health to issue marijuana patient identification cards beginning on July 1, 2019. The bureau also will inspect medical marijuana business, process applications, and issue business licenses to a limited number of growers and dispensaries.
- 4/19/2017Spurred by the “Fight for $15” slogan, cities and counties throughout the United States have enacted laws to increase the minimum wage paid to employees within their jurisdictions.
- 4/13/2017In November 2016, Maine voters (by just 50.17%) approved the state’s Marijuana Legalization Act.
- 4/11/2017Eleven states currently limit employers' use of credit information in employment: California, Colorado, Connecticut, Delaware (which currently applies only to public employers), Hawaii, Illinois, Maryland, Nevada, Oregon, Vermont and Washington.
- 4/7/2017This week the New York City Council passed legislation (Int. No. 1253) to prohibit employers from inquiring into applicants’ salary history during the hiring process.
- 4/6/2017On April 5, 2017, President Trump signed the congressional resolution disapproving Occupational Safety and Health Administration’s (OSHA) rule, “Clarification of Employer’s Continuing Obligation to Make and Maintain Accurate Records of Each Recordable Injury and Illness,” generally referred to as the Volks rule.
- 4/5/2017On April 4, 2017, the Seventh Circuit Court of Appeals held that discrimination on the basis of sexual orientation is a form of sex discrimination prohibited by Title VII of the Civil Rights Act.
- 3/28/2017On March 27, 2017, President Trump signed the congressional resolution disapproving the so-called federal contractor “blacklisting” rules that require federal contractors to disclose labor law violations.
- 3/21/2017Connecticut uses a three-part test (the ABC test) to determine whether an individual is an employee or an independent contractor for purposes of the state unemployment compensation law.
- 3/20/2017California law requires that most employees receive paid rest breaks for every four hours worked or major fraction thereof.
- 3/8/2017New York currently has no laws or regulations specifically addressing the use of payroll debit cards.
- 3/6/2017Effective July 1, 2017, Seattle’s Secure Scheduling Ordinance requires certain large employers to establish predictable work schedules, involve their employees in scheduling practices, and ensure that employees may obtain additional hours of work before new employees are hired.
- 3/6/2017This year has already witnessed two large-scale political protests – the Women’s March on January 21 and “A Day Without Immigrants” on February 17.