Michael S. Burkhardt

Partner

Michael S. Burkhardt is a partner in Morgan Lewis's Labor and Employment Practice. Mr. Burkhardt's federal and state court trial and appellate litigation practice includes representation of employers in employment discrimination class actions and multi-plaintiff litigation, as well as, occupational safety and health matters; disability, sex, age and race single plaintiff discrimination claims; wrongful discharge claims, non-compete matters and various other labor-related matters. In addition, Mr. Burkhardt handles administrative proceedings before the Occupational Safety and Health Review Commission, Equal Employment Opportunity Commission, the Pennsylvania Human Relations Commission, the Bureau of Workers Compensation, state and local fair employment practice agencies, the National Labor Relations Board and state unemployment compensation tribunals. He also handles grievance arbitrations.

Mr. Burkhardt is a former law clerk to Judge Ronald L. Buckwalter of the U.S. District Court for the Eastern District of Pennsylvania. Mr. Burkhardt regularly presents on labor and employment topics, including The Use of Statistics in Employment Discrimination Cases, Compensation Analysis, Class Action Preventative Practices, Sexual Harrassment, How to Survive an OSHA Inspection, and Managing Disability, Leave and Absences Issues.

Mr. Burkhardt is admitted to practice in Pennsylvania and New Jersey.

Publications

Mr. Burkhardt was a co-author of The Use of Statistical Evidence in Employment Discrimination Cases, The Government’s New Approach: Compensation and Adverse Impact, Protecting And Defending The Client: Advance Planning, Development and Implementation of Strategies and Programs, and Electronic Interaction in the Workplace: Monitoring, Retrieving and Storing Employee Communications in the Internet Age. 

He was a contributing author and editor of Chapter 13 "The Duty to Bargain," in Hardin, The Developing Labor Law (1995, 1996 Supp.), co-author of Current Issues In Occupational Safety and Health Law and OSHA Inspections: How To Survive One, co-author of Whistleblower Protection Under Pennsylvania Law published in the Pennsylvania Bar Institute's First Annual Employment Law Institute and co-author of Electronic Interaction in the Workplace: Monitoring, Retrieving and Storing Employee Communications in the Internet Age published for the American Employment Law Council. He is the author of Affirmative Action: Requirements and Risks published for the Cambridge Institute Employment Seminar. He was also a contributing editor to the Pennsylvania Chamber of Business and Industry Labor Report.

Mr. Burkhardt has also given presentations on OSHA Recordkeeping, OSHA's Cooperative Compliance Program, How to Survive an OSHA Inspection, Managing Disability, Leave and Absences Issues, Affirmative Action, Pennsylvania Workers' Compensation Law and Sexual Harassment.