Michael S. Burkhardt represents employers in a wide range of labor and employment disputes, including employment discrimination class actions, systemic discrimination investigations, and multiplaintiff litigation. He handles FLSA and state wage and hour actions, as well single-plaintiff disability, sex, age, and race discrimination claims. He also represents clients in whistleblower and wrongful discharge claims. Michael has experience in all areas of employment litigation and counseling, particularly EEOC systemic investigations, class action litigation, noncompetition litigation; and compensation, promotion, and hiring analyses.
Michael is the co-leader of the firm’s systemic employment litigation practice, and represents employers across the US in systemic discrimination investigations and litigation. He represents employers in state and federal court through trial and at the appellate level in litigation matters, including noncompete injunction matters, whistleblower litigation, wellness program EEOC ADA litigation; age, EPA, and FLSA collective actions; and single-plaintiff discrimination claims.
Michael also counsels clients performing pay equity analyses; hiring, termination, and promotion analyses; testing and disparate impact analyses; policy audits; and diversity analyses.
Michael speaks and publishes on a range of employment topics, such as the use of statistical evidence in employment discrimination cases, affirmative action, and electronic interaction in the workplace. He was a contributing author and editor of “The Duty to Bargain,” Chapter 13 in Hardin, The Developing Labor Law (Chicago, Il.: BNA Books, 1995, 1996 Supp.), and is a contributing editor to the Pennsylvania Chamber of Business and Industry Labor Report.
Saint Joseph's University, 1990, B.A.
University of Michigan Law School, 1992, J.D.
Clerkship to Judge Ronald Buckwalter of the US District Court for the Eastern District of Pennsylvania
Awards and Affiliations
Recognized, Litigation - Labor and Employment, Philadelphia, The Best Lawyers in America (2022, 2023)
Ranked, Labor & Employment, Pennsylvania, Chambers USA (2017, 2021, 2022)
Recommended, Labor and employment: Labor and employment disputes (including collective actions): defense, The Legal 500 US (2017–2021)
Recommended, Labor and employment litigation, The Legal 500 US (2014–2016)
Member, Practice Group of the Year, Employment, Law360 (2017, 2019)