Michael Abcarian is managing partner of the firm’s Dallas office. For over 30 years he has represented Fortune 500 corporations, units of local government, and local business interests in labor and employment matters.

He has handled hundreds of lawsuits in federal and state courts with an exceptional success record, including lead counsel defense of complex litigation and nationwide class actions.

Many of Michael’s successful cases resulted in defense verdicts for employer clients following trial by jury. He also handles complex workplace safety matters, including fatality investigations, and has represented employers in high-visibility proceedings before the Occupational Safety and Health Administration (OSHA), the OSH Review Commission, and federal appeals courts.

Michael handles significant compensation compliance matters–some involving thousands of employees–in proceedings before the Wage & Hour Division of the U. S. Department of Labor (USDOL). He also appears frequently before the Equal Employment Opportunity Commission (EEOC) defending employers in discrimination matters.

Michael often represents employers before the National Labor Relations Board (NLRB) in union representation proceedings and unfair labor practice proceedings, and in arbitration of labor disputes as well as labor contract negotiations.

Throughout his career, Michael has been a sought-after speaker and a prolific author on labor and employment law issues.

Michael has for decades been “AV” Peer Review Rated by Martindale-Hubbell for preeminent skill and ethics, and listed in Texas Super Lawyers every year since 2004. He has also been listed in Best Lawyers in America every year since 2012, and continuously listed in Chambers USA since 2016.

In 2018, Michael was inducted as a Fellow into The College of Labor and Employment Lawyers. Election as a Fellow is the highest recognition by an attorney’s colleagues of sustained and outstanding performance in the profession, exemplifying integrity, dedication and excellence.

Honors & Awards

• Inducted as a Fellow into The College of Labor and Employment Lawyers (2018)
• Chambers USA (2016-present)
• The Best Lawyers in America (2012-present)
• Texas Super Lawyers (2005-present)

Fisher & Phillips LLP

Some of the Savviest Employers Bring Us Their Toughest Employment Problems. Whether it’s a class action involving thousands of potential class members, a jury trial with exposure in the millions, or a union organizing effort or strike that could cripple a company, employers with their choice of employment lawyers choose Fisher Phillips to handle their most difficult and dangerous cases.

We Are Innovative, Nimble and Always Evolving. We continuously look for ways to work more efficiently and better serve our clients. Our leadership is able to make decisions quickly to direct the necessary resources to a particular challenge. We are able to propose alternative fee arrangements that make sense and we use our broad database of experience to improve our processes.

We Are A Destination Law Firm of Choice for Labor and Employment Lawyers at the Top of Their Game. Many highly successful partners have chosen to bring their practices to our firm. They have been attracted by our entrepreneurial culture, our collegial atmosphere, the opportunity to practice with other excellent lawyers, and our transparent compensation system that rewards great client service.

We Have Deep Industry Experience As Well As Subject Matter Expertise. A great lawyer who is unfamiliar with a client’s business is of limited value. We understand how our clients succeed, the business challenges they face, and how they employ people. Whether it’s manufacturing, hospitality, healthcare, education, financial services, technology, retail, or other industries in which our clients compete, our labor attorneys understand the industry and speak the language.

We Operate Globally As Well As Locally. We have 33 offices and we continue to expand, and we have attorneys admitted in just about every U.S. jurisdiction. We know the local courts and agencies where we practice. We also have the resources to work seamlessly across offices to handle the most complex problems. In addition, we assist our clients with respect to global movement of employees, compliance with employment laws and codes of business ethics of other countries, and international employment contract and employee benefits issues. We have a network of local counsel on six continents with whom we partner to serve our clients anywhere in the world they operate.

Todd Fredrickson is a partner in the Denver office. He also serves as Chair of the firm’s Diversity and Inclusiveness Committee.

Todd tries employment cases before juries, judges, and arbitrators. His practice involves representing employers in various matters arising under such laws as Title VII, Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), Age Discrimination in Employment Act (ADEA), National Labor Relations Act (NLRA), and Fair Labor Standard Act (FLSA). He also is one of a small number of Denver labor attorneys who practice traditional labor law, representing employers in union campaigns, contract negotiations, grievance arbitrations and unfair labor practice charges.

Todd regularly counsels clients on a spectrum of personnel management issues, with the goal of avoiding litigation. To that end, he advises employers on developing and enforcing proper policies, employee handbooks, and employment and compensation agreements.

Todd also counsels employers on compliance with federal and state wage and hour laws. Much of his practice focuses on training supervisors, managers, and other employees on such issues as sexual harassment, discrimination, employee discipline and discharge, and investigation of employee grievances.

Todd is “AV” Peer Review Rated by Martindale-Hubbell and has been included in the Colorado Super Lawyers list since 2006. He has also been listed in Chambers USA, America’s Leading Business Lawyers since 2009 and in The Best Lawyers in America since 2012.

He was recognized as an Employment Law – Management Lawyer of the Year by Best Lawyers in America for 2014, 2017, and 2019. Todd was also selected as a BTI Consulting Group Client Service All-Star for 2011 and was named the “People’s Choice” selection as the Best Employment Lawyer in Barrister’s Best by Law Week Colorado six years in a row beginning 2011. He was also named to 5280 magazine’s list of Top Lawyers since 2008.

Fisher & Phillips LLP

Fisher Phillips is committed to providing the highest level of client service, no matter how complex the matter we handle. This means:

• You can be confident that we understand your business and industry. We know that context is important. We take the time to learn the business environment in which you operate so that the advice we provide fits your needs.
• You will receive a solution to your legal problem that meets your business objective.  In every matter we handle we seek at the outset to identify your primary business objective and then find and implement a solution to meet that objective.
• You are the focus of our near-fanatical responsiveness. We recognize that we are in the client service business. We know that many labor and employment problems arise without much prior warning and require an immediate response, so we are highly accessible for you. We return calls and emails quickly, and we are available around the clock if necessary.
• You can be assured that your time is respected.  We know you are busy and must manage many challenges simultaneously, so we do our best to avoid last-minute surprises. We meet deadlines, and we communicate with you efficiently and in plain English.
• You benefit from our ability to help you avoid legal problems. While we regularly and vigorously defend our clients in court, we think the lawsuit that was never filed is a better win for you than a defense verdict after a long and costly trial. We provide thoughtful advice and counsel to you designed to anticipate and prevent employee claims and lawsuits, government investigations, and union organizing activity.
• You can count on our experience and knowledge for efficient legal counsel. Labor and employment law is all we do. Instead of trying to be all things to you, we offer deep and broad expertise in the area of the law we know best. We get to the point quickly and you do not have to pay for a learning curve.

We invite you to contact us to learn more about what Fisher Phillips can do for you

Pat Muldowney advises and represents private- and public-sector management clients in connection with traditional labor and employment law issues. Pat’s nationwide practice includes the defense of employers in class/collective actions, as well as in lawsuits filed by individual plaintiffs and administrative actions filed with the National Labor Relations Board, U.S. Equal Employment Opportunity Commission and Florida Commission on Human Relations. Pat also provides legal advice to clients relating to their dealings with unions. Dedicated to assisting his clients, whether in litigation or when they are in need of advice, Pat places a high premium on responsiveness and practices with a sensitivity to his clients’ business needs.

In addition to having a busy law practice, Pat is an adjunct professor at Rollins College, where he teaches a course on labor and employment law in the Master of Human Resources program.

• Defended a Florida-based insurance company in a putative collective action filed in federal court in Tampa under the Fair Labor Standards Act concerning alleged misclassification of marketing employees. Obtained summary judgment in favor of our client and secured affirmance of the district court’s decision before the U.S. Circuit Court of Appeals, Eleventh Circuit.
• Served as first chair in a federal jury trial involving a claim of disability discrimination against a publicly traded home healthcare company. Secured a jury verdict in favor of our client after a four-day trial, with jury deliberation lasting only 20 minutes.
• Negotiated initial and successor collective bargaining agreements for two separate units of a nationally known ambulance company. Assisted the client’s negotiating team in formulating management proposals and responding to issues raised by the union’s bargaining team during negotiations.
• Assisted a major professional sports franchise in a well-publicized changeover of its coaching and front-office staff. Worked with senior management to assist with the exit of existing personnel and prepared and negotiated employment agreements for new executives and staff.

BakerHostetler, one of the nation’s largest law firms, represents clients around the globe. With offices coast to coast, our more than 940 lawyers litigate cases and resolve disputes that potentially threaten clients’ competitiveness, navigate the laws and regulations that shape the global economy, and help clients develop and close deals that fuel their strategic growth.

We have five core practice groups: Litigation, Business, Employment, Intellectual Property, and Tax. Within these groups are several large specialty practices, including antitrust, bankruptcy, healthcare, energy, middle market mergers and acquisitions, complex commercial litigation, data privacy and security, patent prosecution and international tax. Our attorneys have broad knowledge and experience in many industries, including energy, media, manufacturing, healthcare, financial services and insurance, consumer products, and hospitality.

We distinguish ourselves through our commitment to the highest standard of client care. By emphasizing an approach to service delivery as exacting as our legal work, we are determined to surpass our clients’ expectations.

Our firm was founded on three core principles: to develop and sustain mutually beneficial, long-term relationships with each of its clients; to provide timely, responsive, and high quality legal services; and to be generous with both time and money to the communities where we work. We have consistently nurtured a collegial approach among our lawyers, assuring effective teamwork in handling client work, while maintaining a culture of providing exceptional legal counsel with a clear focus on value. We are committed to the continuous development of our people and of the resources essential to delivering effective and distinctive legal services worldwide.

In May 2024, the Occupational Safety and Health Administration (OSHA) issued a final rule to amend the Hazard Communication Standard (HCS), aligning it more closely with the seventh revision of the United Nations’ Globally Harmonized System of Classification and Labeling of Chemicals (GHS).

This amendment aims to improve communication about chemical hazards and enhance worker safety by ensuring employees are well informed about chemical hazards they may encounter. This, in turn, is expected to reduce the occurrence of chemical-related occupational illnesses and injuries.

Key Updates to the HCS

The amended HCS introduces several important updates:

1. Revised Definitions and Classifications: The final rule revises definitions and hazard classifications to be more consistent with the latest GHS standards. This includes new classifications for aerosols, desensitized explosives, and flammable gases. The updates also provide more detailed criteria for the classification of specific health and physical hazards.

1. Updated Labels and Safety Data Sheets: Labels must feature specific hazard information according to updated classifications and follow a structured format. This format includes product identifier(s), signal word(s), hazard statement(s), precautionary statement(s), pictogram(s), and the manufacturer’s or distributor’s contact information. Safety Data Sheets (SDSs) must also follow a standardized 16-section format to ensure that critical safety information is consistently presented. The final rule underscores the importance of updating SDSs to reflect the latest hazard information.

1. Refining Precautionary Statements. Precautionary statements provide clear instructions on how to minimize or prevent adverse effects from exposure or the improper storage or handling of hazardous chemicals. There are four types of precautionary statements: “prevention,” “response,” “storage,” and “disposal.” The labels must present the core information of precautionary statements in bold text, with any additional details shown in plain text. The rule also allows flexibility in text choices and combinations to ensure that labels are informative and tailored to specific conditions and hazards.

Recommendations for Employers

To comply with OSHA’s final rule, employers with chemical hazards in the workplace should take the following steps:

1. Review and Update Labels and Safety Data Sheets: Employers should review the new requirements of the HCS and update chemical hazard labels and SDSs accordingly. They should also revise their employment policies and procedures to ensure compliance with the final rule’s requirements.

1. Provide Employee Training: Employees should receive training on the new hazard classifications and labeling requirements. This training should cover how to read and interpret the updated labels and SDSs and understand the implications of the new hazard classifications for workplace safety.

1. Coordinate with Suppliers and Manufacturers: Employers should communicate with their chemical suppliers and manufacturers to receive updated SDSs and ensure that all labels are compliant with the new standards.

In Short

The Development: On August 1, 2024, the Department of Justice’s (“DOJ”) Criminal Division announced its Corporate Whistleblower Awards Pilot Program (“Pilot Program”), designed to reward whistleblowers who report information about corporate misconduct that results in a successful forfeiture, as well as a corresponding amendment to the Corporate Enforcement and Voluntary Self-Disclosure (“VSD”) Policy.

The Background: The Pilot Program follows similar programs by the Securities and Exchange Commission (“SEC”), Commodity Futures Trading Commission (“CFTC”), and Financial Crimes Enforcement Network (“FinCEN”). It is designed to “fill the gaps” left by these programs by focusing on four areas: (i) certain crimes involving financial institutions; (ii) foreign corruption; (iii) domestic corruption; and (iv) health care fraud schemes targeting private insurers not subject to qui tam recovery under the False Claims Act.

Looking Ahead: The increased incentives for persons to report wrongdoing to the DOJ further underscore the need for companies to have robust internal compliance programs and procedures that encourage internal reporting by employees and to promptly investigate allegations of wrongdoing when received.

Enforcement Agency Whistleblower Programs

On August 1, 2024, the DOJ’s Criminal Division announced its Corporate Whistleblower Awards Pilot Program. This program is designed to “fill the gaps” left by similar programs enacted by the SEC and the CFTC following the passage of the Dodd-Frank Act, as well as by FinCEN earlier this year.

The potential for large whistleblower awards from these programs has led to a dramatic increase in reporting and payouts since their inception. Under the CFTC’s whistleblower program, tips have increased from 58 in 2012 to 1,530 in 2023. Since the inception of its program in 2010, the CFTC has issued 41 final orders granting awards totaling almost $350 million. Similarly, since the inception of the SEC’s whistleblower program in 2011, tips have steadily risen: from 3,000 tips in 2012 to 18,354 in 2023. In total, the SEC has awarded more than $1.9 billion to 397 individual whistleblowers, with nearly $600 million of that paid in fiscal year 2023—the highest dollar total in the program’s history. The FinCEN program, started earlier this year, is in its early stages, but potential awards have increased from a maximum of $150,000 to between 10% and 30% of all penalties collected.

The Pilot Program: How It Works

The Pilot Program is a three-year initiative managed by the Criminal Division’s Money Laundering and Asset Recovery Section. Effective August 1, 2024, the program authorizes awards for whistleblowers who “provide original, truthful information about criminal misconduct … that leads to forfeiture exceeding $1,000,000 in net proceeds.” The whistleblower must also cooperate with the government throughout its investigation of the conduct and any criminal or civil actions that follow.

Principal Deputy Assistant Attorney General Nicole M. Argentieri described the key areas of focus for the Pilot Program, each of which correspond to different units in the Criminal Division, including the Foreign Corrupt Practices Act (“FCPA”) Unit, Market Integrity and Major Frauds Unit, Public Integrity Section, and Health Care Fraud Unit.

• Foreign corruption. Whistleblowers may provide information pertaining to foreign corruption and bribery, including violations of the FCPA, violations of the Foreign Extortion Prevent Act (“FEPA”), and violations of money laundering statutes. Argentieri highlighted cases involving the issuance of securities outside the United States, and therefore not covered by whistleblower programs enacted by the SEC, the CFTC, and FinCEN. Argentieri also highlighted the Pilot Program’s potential for working closely with the newly enacted FEPA, which criminalizes the “demand side” of foreign bribery.
• Financial institutions. While misconduct involving many financial institutions will be covered by existing whistleblower programs at other agencies, the Pilot Program also extends to certain violations involving financial institutions—including money laundering, anti-money laundering compliance violations, registration of money transmitting businesses, and fraud—and fraud against or noncompliance with financial institution regulators. In particular, Argentieri noted the DOJ’s ability to bring proceedings against financial companies, including cryptocurrency exchanges that operate within the United States but fail to register with financial regulators or comply with U.S. law.
• Domestic corruption. The Pilot Program also seeks information related to the payment of bribes or kickbacks to domestic public officials, including federal, state, territorial, or local elected or appointed officials and officers or employees of any government department or agency. Argentieri emphasized that this is an area where the DOJ is seeking to expand enforcement, similar to the expansion that occurred in FCPA enforcement roughly two decades ago.
• Health care fraud involving private insurers. Finally, the Pilot Program covers information relating to (i) federal health care-related offenses and related crimes involving private or other non-public health care benefit programs; (ii) fraud against patients, investors, and other non-governmental entities in the health care industry; and (iii) any other federal violations not covered by the Civil Division’s qui tam  enforcement program.

Under the Pilot Program, the whistleblower must provide “original” information, as defined by the DOJ. The DOJ retains discretion as to whether to grant the whistleblower an award and may increase that award based on the significance of the information and the level of assistance provided. Additionally, in an effort to address concerns that whistleblower programs undermine internal compliance programs, awards may also be increased through participation in internal compliance systems or internal reporting. Any interference with internal compliance and reporting systems, however, will decrease the award. Among other limiting criteria, whistleblowers will not be eligible for any awards if they (i) meaningfully participated in the misconduct; (ii) would be eligible for an award through another U.S. government or statutory whistleblower, qui tam, or similar program; or (iii) obtained the information because they were employed in a compliance or internal audit position.

As part of the Pilot Program, the DOJ also announced an amendment to the DOJ’s VSD Policy. Pursuant to this amendment, when a whistleblower reports conduct through internal compliance systems, companies remain eligible for the VSD Program provided the company self-discloses the allegation to the DOJ no later than 120 days after first receiving the information and prior to any DOJ outreach. Self-reporting conduct also ensures eligibility for the presumption of a declination under the VSD Program. As Deputy Attorney General Lisa Monaco stated, the DOJ wants to promote a culture of “racing up the front steps” to report any misconduct.

Whistleblowers who make internal reports to their companies remain eligible for awards provided they report the information to the DOJ within 120 days of their initial internal report to the company. Any retaliation against the whistleblower by the company could result in the company being barred from receiving cooperation credit, as well as potential obstruction of justice charges.

Next Steps

The Pilot Program is part of a continued effort by the DOJ to encourage voluntary reporting of corporate misconduct. Unlike the Criminal Division’s VSD Program, however, the new program encourages employees, as opposed to companies, to report potential wrongdoing to the DOJ related to its key enforcement priorities.

Notably, the Pilot Program provides employees with a strong incentive to report potential wrongdoing to the government first, or at least very soon after making a report within the company. In an effort to balance this incentive and promote companies’ internal reporting systems, the DOJ emphasized whistleblowers’ ability to still seek and obtain an award provided that person submits the information to the DOJ within 120 days of their initial internal report, and noted that such internal reporting may increase the award amount. Accordingly, companies need to ensure that they have adequate internal reporting channels that encourage timely internal reporting and allow them to quickly identify and elevate internal whistleblower complaints. Given the 120-day deadline for making a self-report under the VSD Program following a whistleblower complaint, companies also need to ensure that they promptly investigate and address allegations of wrongdoing reported by employees.

Three Key Takeaways

1. The DOJ continues to implement new avenues to incentivize disclosure of corporate misconduct, particularly with respect to information related to key enforcement priorities. The Pilot Program gives it a tool that has proven to be successful in this regard for other enforcement agencies.
2. Companies should ensure their compliance programs are updated, as necessary, to address the four key areas identified by the DOJ, which were not previously covered by other agency whistleblower programs. Given the 120-day deadline to receive benefits under the VSD Program, companies should also ensure compliance programs are equipped to promptly identify, investigate, and respond to any internal reports, as well as prevent any retaliatory measures against employees making either internal or external reports.
3. Companies should also work to promote a culture that encourages internal reporting, given the strong incentive for employees to report potential wrongdoing to the government first or shortly after making an internal report. However, companies should not deter employees from reporting information to the government and seeking whistleblower protection.

Sue M. Bendavid is the Employment Practice Group Chair at Lewitt Hackman in Los Angeles. She has close to 30 years’ experience defending employers in all aspects of civil litigation.

Ms. Bendavid represents clients in court (both individual and class action claims). She also represents employers before state and federal agencies, including the Department of Fair Employment and Housing, the Equal Employment Opportunity Commission, the Employment Development Department and the Labor Commissioner.

Adept in pre-litigation counseling, advocacy, depositions, discovery and motion practice, Ms. Bendavid can often show why employees should withdraw claims, or convince courts and agencies to dismiss complaints in the early stages, thus eliminating the need for trial when possible. This results in significant time and cost savings for her clients.

As a veteran of employment litigation, Ms. Bendavid understands the challenges businesses face when dealing with employees, particularly in California’s pro-worker legislative climate.

She strongly advocates for the prevention of potential litigation as much as much as possible – stressing the importance of client education regarding ever-evolving laws. Ms. Bendavid and her team provide trainings, counseling and advice on hiring and firing, wage and hour compliance, administration of leaves of absence, providing strong company policies and handbooks, and the importance of proper documentation for all human resource-related matters.

Ms. Bendavid has been interviewed numerous times by Los Angeles based NPR affiliate, KPCC 89.33 regarding sexual harassment and the legislation passed in the wake of the #MeToo Movement. The Los Angeles Times also sought her opinion regarding discrimination and other employment law issues, as have other publications in both Southern and Northern California.

Lewitt Hackman

Established in 1969, Lewitt Hackman has earned local, state and national accolades. In recent years, we have consistently been named one of the Top Ranked Law Firms in California.

Our Firm provides thorough counsel to determine the best and most cost-effective course of legal action. Often, the most efficient legal protections involve preventative measures. We’ll show you how best to guard your loved ones, your business ventures and your personal assets to decrease the likelihood of future litigation.