Christopher M. Michalik Partner

Chris' nationwide practice focuses on all aspects of labor and employment. He has experience representing management in union campaigns, negotiations and other interaction with existing unions, arbitrations, federal and state litigation involving wage and hour laws, employment laws, restrictive covenants, and trade secrets, and before administrative agencies such as the NLRB, EEOC and DOL. He also regularly counsels clients regarding labor and employment policies, standards, decisions, and strategies.

Chris has an extensive wage and hour practice. He regularly represents clients in various industries in FLSA collective actions and in state class wage and hour actions of varying size from dozens of putative plaintiffs to thousands and involving issues from alleged misclassification of employees to alleged off-the-clock work. He also has conducted extensive wage and hour audits for clients, represented clients during DOL investigations, and advised clients regarding internal wage and hour decisions.

He also represents clients in all manner of traditional labor issues. He regularly advises clients in their efforts to remain union free, including training client supervisors and advising clients during active union campaigns. For clients who are already unionized, Chris represents them in all aspects of their relationship with unions, including contract negotiations and other bargaining, potential work stoppages, and in labor arbitrations. He also regularly represents clients before the NLRB.

In addition, Chris regularly advises and represents clients in disputes involving executive agreements, restrictive covenants, and trade secrets in both arbitrations and federal and state courts. In so doing, he regularly uses computer forensics.

Experience

Represent clients in wage and hour collective actions and class actions in federal and state courts in Virginia, California, Pennsylvania, and elsewhere.

Conduct large wage and hour audit involving numerous departments and pay practices for healthcare client.

Represent clients in more than 30 labor arbitrations throughout the country.

Conduct positive employee relations training for numerous clients.

Advise clients on union avoidance efforts and advise clients during union campaigns.

Represent food industry client in multi-month NLRB trial concerning numerous alleged unfair labor practice charges, and successfully represent large bottling client in multi-day NLRB trial.

Obtain summary judgment from federal court overturning arbitration award.

Obtain preliminary injunction for Fortune 500 client in federal court against former senior executive who downloaded sensitive files.

Obtain favorable settlements and/or injunctions for various clients whose employees violated restrictive covenants, misappropriated trade secrets, and/or violated related legal duties

  • University of Virginia, JD, 1999
  • University of Virginia, BA, 1996

Member, Labor and Employment Section, Alabama Bar Association

Member, Labor and Employment Section, American Bar Association

  • Alabama
  • Virginia
  • U.S. Court of Appeals for the 11th Circuit
  • U.S. Court of Appeals for the 1st Circuit
  • U.S. Court of Appeals for the 4th Circuit
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the Middle District of Alabama
  • U.S. District Court for the Northern District of Alabama
  • U.S. District Court for the Western District of Virginia

Named to "Virginia Rising Stars," Employment and Labor, Super Lawyers, Thomson Reuters, 2009, 2011-2014

Name to "Legal Elite," Labor/Employment Law, Virginia Business, 2013, 2017

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