Morgan Lewis

Michael J. Puma

Partner

Michael J. Puma focuses on complex labor and employment litigation, particularly wage and hour class and collective actions, and noncompete and trade secrets litigation throughout the United States. He has litigated more than 50 wage and hour class and collective actions, including in the retail, entertainment, financial services, insurance, food, and telecommunications industries. He also regularly counsels clients on wage and hour compliance, protecting their trade secrets, and day-to-day employment issues.

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    Extended Profile

    In addition to litigation, Michael conducts comprehensive internal wage and hour audits to assist clients in properly classifying employees as exempt or nonexempt, avoid off-the-clock liability, and ensure compliance with meal and rest, wage payment, and other US federal and state law obligations. In particular, as one of the leaders of the firm’s cross-practice independent contractor initiative, Michael counsels clients on avoiding contractor misclassification and joint and coemployment liability. He also helps them manage legal risks and financial and employee relations issues associated with reclassification projects. He represents clients in US and state Department of Labor (DOL) audits.

    For several years, Michael has taught a course at the University of Pennsylvania Law School on litigating employment class and collective actions.

    Education

    • The George Washington University Law School, 1999, J.D.
    • Boston University, 1996, B.S.

    Admissions

    • Pennsylvania
    • New York

    Awards and Affiliations

    Member, Practice Group of the Year, Labor & Employment, Law360 (2017)

    Listed, "Rising Star" in Labor and Employment Law by Law360 (2013)

    Listed, “Lawyers on the Fast Track,” The Legal Intelligencer (2013)

    Listed, Pennsylvania Super Lawyers (2013–2014)

    Lecturer, "Litigating Employment Class and Collective Actions," University of Pennsylvania Law School (2010–2014)

    Listed, "Rising Star," Pennsylvania Super Lawyers (2006 & 2008, 2011–2012)

    Member, Labor and Employment Section, American Bar Association

    Member, Federal Labor Standards Legislation Committee, American Bar Association

    First Judicial District Pro Bono Honor Roll

    Anti-Defamation League, Daniel R. Ginsberg Leadership Award (2010)

    American Bar Association Leadership Development Program (2011)

    Recommended, Labor and employment - Labor and employment litigation disputes (including collective actions) - defense, The Legal 500 US (2018)

    Recommended, Labor and employment: Workplace and employment counseling, The Legal 500 US (2018)

    Publications

    6/21/2018 - Pennsylvania DLI Issues Proposed Revisions to PMWA Overtime Exemption Regulations

    9/1/2017 - Texas Court Strikes Down DOL’s Amended Overtime Regulations

    7/26/2017 - DOL Seeks Comments on FLSA Overtime Exemption Regulations

    6/8/2017 - DOL Withdraws Independent Contractor and Joint Employer Guidance

    7/12/2016 - The Gig Economy Takeover: What Your Business Needs to Know, BNA's Daily Labor Report

    6/1/2016 - Increased Scrutiny of Independent Contractor Relationships

    5/18/2016 - DOL Updates FLSA Overtime Exemption Regulations

    4/11/2016 - Company-Contractor Relationships Draw Scrutiny, The National Law Journal

    1/21/2016 - DOL Issues Interpretation to Expand Joint-Employer Liability

    September 2015 - Department of Labor Issues Aggressive Interpretation of Independent Contractor Classification

    7/16/2015 - DOL Issues Aggressive Interpretation of Independent Contractor Classification

    7/1/2015 - DOL Issues Proposed Revisions to FLSA Overtime Exemption Regulations

    6/26/2015 - Uniforms And Unpaid Interns And Minimum Wage! Oh, My!, Law360

    2/18/2015 - Philadelphia Mandates Paid Sick Leave

    11/17/2014 - Potential Minimum Wage Exposure for California Employees Paid on Commission/Piece-Rate Basis, Well Done

    5/21/2014 - Wage and Hour Basics for Benefits Lawyers

    4/26/2014 - Navigating Guns-At-Work Laws and Civil Protections for Medical Marijuana Users: A Case-by-Case Guide for Employers

    4/25/2014 - Independent Contractor Misclassification: New Developments and Steps to Limit Exposure, presented at the Pennsylvania Bar Institute 20th Annual Employment Law Institute

    1/28/2014 - Wage and Hour and EPLI: How the Market Has Responded to Coverage Needs and Best Practices for Mitigating Exposure to Claims, presented at the 20th National Conference on Employment Practices Liability Insurance

    4/17/2013 - Limiting Contractor Misclassification and Joint Employment Liability, presented at the Pennsylvania Bar Institute 19th Annual Employment Law Institute

    Spring 2013 - Navigating Developing Challenges in Approval of Class and Collective Action Settlements, ABA Journal of Labor and Employment Law, Vol. 28 No. 2

    2/20/2013 - DOL Proposes Survey on Independent Contractor Misclassification

    11/3/2012 - Independent Contractor Misclassification, presented at the 6th Annual Labor & Employment Law Conference, Atlanta, GA

    8/17/2012 - Michael J. Puma Guides Employers on FLSA Compliance and Claim Prevention, Bloomberg BNA FLSA Litigation Tracker

    5/21/2012 - FLSA Update; Off-the-Clock Litigation, presented for the Minnesota State Bar's 2012 Upper Midwest Employment Law Institute

    4/20/2012 - Determining Compensable Time and Limiting Off-the-Clock Work Exposure, presented at the Pennsylvania Bar Institute's 18th Annual Employment Law Institute

    1/12/2012 - Independent Contractors: What You Should Know from Inside the Beltway

    11/2/2011 - Wage and Hour Symposium, presented at the Pennsylvania Bar Institute, Philadelphia

    5/5/2011 - Co-presenter, Gender Discrimination Class Claims: Reducing the Risk and Defending the Case, presented for the Morgan Lewis LEPG Spring Webinar Series

    2011 - Managing The Compensable Workday In A New Electronic World, Employment Law Strategist, Vol. 17 No. 10

    10/29/2010 - Co-presenter, Social Networking, presented at a Society for Human Resource Management event

    7/26/2010 - Co-presenter, Telecommuting: The Next Wave of Wage & Hour Litigation, presented for Lorman Education Services

    2010 - The Current State of Class Actions In Arbitration, Handbook On Arbitration Practice, American Arbitration Association

    5/25/2010 - Co-presenter, Wage and Hour Update: Overtime Concerns with Mobile Devices, presented for Lorman Education Services

    5/6/2010 - Co-presenter, Intellectual Property: Steps to Protect Your People and Your Ideas, presented for a DELVACCA event

    3/16/2010 - Telecommuting: The Next Wave of Wage & Hour Litigation, presented for a Society for Human Resource Management event

    January 2010 - FLSA Controlling Compensable Workday, Employment Law Strategist

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    News

    8/29/2017 - DOL's OT Rule Strategy May Leave Employers In Limbo, Law360

    11/2/2016 - Litigation Department of the Year – Working Together: Morgan Lewis Relies on Global Team, The Legal Intelligencer

    6/8/2016 - Morgan Lewis Advises Sun Capital Partners Admiral Petroleum Company & Lemmen Oil Company Acquisition

    7/23/2013 - 5 Tips To Prepare For A Misclassification Crackdown, Law360

    3/15/2013 - Rising Star: Morgan Lewis' Michael Puma, Law360

    3/3/2013 - Regulators Crack Down on Classifying Workers as Contractors, The Wall Street Journal

    11/9/2010 - Morgan Lewis Advises Grupo Bimbo on Acquisition of Sara Lee

    Events

    9/26/2017 - American Bakers Association 2017 Fall Policy Conference

    5/11/2017 - 2017 Food & Beverage Industry Roundtable

    4/5/2017 - HR Policy Association Spring 2017 Labor Conference Workshop

    10/27/2016 - The American National Stardards Institute Legal Issues Forum 2016

    6/8/2016 - PBI’s Compliance with the New U.S. Department of Labor Regulations Narrowing Overtime Exemptions

    5/26/2016 - Understanding the FLSA’s New White Collar Exemption Rules

    4/27/2016 - Pennsylvania Bar Institute 22nd Annual Employment Law Institute

    11/20/2015 - Pennsylvania Bar Institute Wage & Hour Symposium

    8/11/2015 - Reefer Madness: Moving Beyond the Cult Film and Into the Workplace

    7/28/2015 - DOL’s New Interpretation of Independent Contractor Classification Test: What Should Employers Do?

    7/8/2015 - DOL Overtime Exemption Proposal Webinar

    7/7/2015 - Understanding the Proposed Updates to the “White Collar” Exemption Tests: What Do You Need to Know?

    4/28/2015 - PBI’s 21st Annual Employment Law Institute

    5/21/2014 - Wage and Hour Basics for Benefits Lawyers

    4/24/2014 - Pennsylvania Bar Institute 20th Annual Employment Law Institute

    1/28/2014 - 20th National Conference on Employment Practices Liability Insurance

    4/18/2013 - Limiting Contractor Misclassification and Joint Employment Liability

    4/16/2013 - Pennsylvania Bar Institute 19th Annual Employment Law Institute

    4/19/2012 - Pennsylvania Bar Institute's 18th Annual Employment Law Institute

    1/12/2012 - Independent Contractors: What You Should Know from Inside the Beltway — Increased Scrutiny of Contingent Workers by the Executive Branch

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