Profile
Michael Wertheim represents employers in workplace matters, including employment litigation, wage and hour class actions, California Labor Code actions, Private Attorneys General Act actions, and traditional labor law. He also represents companies in a wide range of employment disputes in both state and federal court, including cases alleging discrimination, harassment, wrongful termination, and retaliation. In addition, Michael handles labor arbitrations, unfair labor practice charges, and other labor proceedings before the National Labor Relations Board and Public Employment Relations Board.
Michael has defended numerous single-plaintiff, representative and class claims on behalf of clients in the health care, retail, and entertainment industries, including claims related to misclassification, exemption, overtime, meal and rest breaks, and off-the-clock work, along with disability discrimination, sexual harassment, trade secret misappropriation, and other forms of wrongful termination. Michael also advises employers regarding employment policies and handbooks, disciplinary issues, trade secrets, disability and other medical accommodations, leaves of absence, harassment training, and employment contract disputes.
Capabilities
Experience
- Represented several media companies in a high-stakes single plaintiff discrimination and retaliation action, managing all aspects of pre-trial litigation and obtained a settlement at the eve of trial based on powerful evidence gained from depositions and other third-party discovery.
- Represented a health care provider in several wage and hour class actions alleging violations related to misclassification, unpaid overtime, meal and rest break violation and other derivative claims.
- Represented a payment processing company in a multi-million dollar dispute over breach of contract and other executive compensation issues.
- Represented a laboratory testing company in a class-action and PAGA case alleging wage and hour violations related to off-the-clock work, overtime and derivative Labor Code claims.
- Represented a health sciences company to negotiate claims brought by a highly-paid executive.
- Represented a solar power company in a trade secrets dispute with a former employee.
- Disqualified high-profile opposing counsel in a hotly contested whistleblower case for a media company and defeated plaintiff’s subsequent anti-SLAPP motion.°
- Obtained summary judgment in a breach of contract case alleging over $700,000 in damages.°
- Second chaired defense of a sexual harassment lawsuit that settled at the eve of trial due to motions in limine to exclude inflammatory evidence proposed by plaintiff.°
- Secured complete dismissal of a lawsuit against a health care client after drafting a motion for sanctions on the basis that plaintiff’s claims were frivolous as a matter of law.°
- Opposed a union certification petition before the Public Employment Relations Board seeking to certify a single bargaining unit across a network of eleven charter schools.°
- Second chaired several unfair labor practice cases at the Public Employment Relations Board.°
- Argued and obtained a writ of mandate in superior court to compel a non-profit’s board of directors to hold an election and an annual meeting.°
°The above representations were handled by Mr. Wertheim prior to his joining Greenberg Traurig, LLP.
Recognition & Leadership
- Pro Bono Attorney, Inner City Law Center, 2016
Credentials
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J.D., Benjamin N. Cardozo School of Law, Yeshiva University
- Member, Cardozo Public Law, Policy and Ethics Journal
- B.A., with honors, University of California at Santa Barbara
- California
- New York
- U.S. District Court for the Northern District of California
- U.S. District Court for the Eastern District of California
- U.S. District Court for the Central District of California
- U.S. Court of Appeals for the Ninth Circuit
- Spanish, Conversational
News, Insights & Events
Michael is a contributor to the GT L&E Blog 