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Michelle York

Michelle Barineau York advises U.S. and multinational employers on a broad spectrum of employment law matters. She regularly counsels employers on wage and hour compliance, employee classification, pay equity, and leave-related issues, and she drafts and negotiates key employment documents, including employment agreements, workplace policies, and separation agreements. Michelle brings substantial experience investigating workplace complaints and frequently partners with white collar colleagues to conduct sensitive internal investigations.

Michelle guides employers through hiring, performance management, and employee terminations, as well as workforce change strategies, including reorganizations, reductions in force, and WARN compliance. She also provides practical, business-focused advice on workplace issues impacting employers, including remote work, employee privacy, and workplace culture, and she offers leading‑edge guidance on the use of artificial intelligence in the workplace.

Michelle helps clients navigate matters involving harassment, discrimination, non-competition, and other issues arising under state and federal employment laws including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Equal Pay Act, the Family and Medical Leave Act, and the Fair Labor Standards Act. She relies on her experience as an employment litigator to advise clients when responding to agency charges and demand letters, including whistleblower retaliation complaints, and frequently interacts with the Equal Employment Opportunity Commission, state and local equal employment opportunity agencies, and the Occupational Safety and Health Administration.

Michelle works closely with colleagues in employee benefits and executive compensation and corporate groups to address employment matters arising in mergers, acquisitions, and other strategic transactions, and she regularly collaborates with California‑based colleagues on matters implicating California employment law.

Bolstering the state’s reputation for progressive employment legislation, California has become the first state to ban discrimination based on natural hair and protective hairstyles.  On July 3, 2019, California Governor Gavin Newsom signed into law SB 188, which amends the California Fair Employment and Housing Act (FEHA), specifying that
Continue Reading California Bans Hairstyle Discrimination

On April 29, 2019, the U.S. Department of Labor’s (DOL) Wage and Hour Division issued an opinion letter finding that “virtual marketplace company” workers (of an unnamed business) were independent contractors rather than employees.  While not binding, the opinion signals that DOL is taking a less aggressive approach than in recent years to the hot-button issue of worker classification in the online “gig economy.”  Companies with similar business models that link workers with consumers through technology platforms or “virtual marketplaces” — such as for transportation, delivery, moving, cleaning and household services — may be able to rely on the new opinion to establish a good-faith defense under the Fair Labor Standards Act (FLSA) of their classification of workers as independent contractors.
Continue Reading DOL Labels Gig Economy Company’s Workers as Independent Contractors