Michael N. Chesney

Representative Experience

• Obtained defense verdict in jury trial involving claims of wrongful discharge brought against one of the nation’s top health systems.
• Obtained defense verdict in jury trial involving claims of discrimination and wrongful discharge brought against one of Ohio’s largest private employers.
• Obtained arbitral defense verdict on age discrimination claims brought against a multinational manufacturing company.
• Obtained dozens of summary judgment rulings in state and federal courts throughout the country on behalf of employers in retail, manufacturing, transportation, health care, and other industries.
• Obtained multiple arbitration wins on behalf of unionized employers in various industries.
• Coordinated and oversaw the successful defense of over 60 administrative charges (EEOC and OCRC) filed against a single employer, involving COVID-related claims of religious discrimination.
• Successfully defended a nationally recognized surgeon during a three-day preliminary injunction hearing (and subsequently on appeal) involving claims of breach of non-competition provisions.
• Obtained defense verdict on ERISA claims on behalf of health insurer after bench trial in federal court.
• Successfully defended and resolved a large Department of Labor audit and threatened litigation involving alleged FLSA violations by an employer in the aerospace industry.
• Represented manufacturing employer through the decertification of its union.
• Regularly conducts corporate investigations involving allegations of unlawful activity and other wrongdoing, including at the C-suite level.
• Served as a neutral mediator and resolved numerous employment law disputes.

Education & Admissions

Education

• University of Notre Dame, J.D., summa cum laude, 1992
  • Lead Note Editor, Notre Dame Law Review (1991 – 1992)
  • Recipient of the Fairbaugh Prize for High Scholarship in Law (1992)
• Duke University, A.B., Public Policy Studies 1988

Bar and Court Admissions

• State of Ohio
• US. District Court, Northern District of Ohio
• US. District Court, Southern District of Ohio
• US. District Court, Eastern District of Wisconsin
• US. District Court, Central District of Illinois
• US. Court of Appeals, Sixth Circuit
• US. Court of Appeals, Seventh Circuit
• USupreme Court of the U.S.

Involvement

Professional Affiliations

• Cleveland Employment American Inn of Court, Master of the Bench (2005 – Present)
  • President (2016 – 2018)
• The College of Labor & Employment Lawyers, Fellow (2021)
• Ohio State Bar Association, Member
• Cleveland Metropolitan Bar Association, Member

Community Involvement

• Boys & Girls Clubs of Cleveland, Board Member, HR Committee (2017 – Present)
• InMotion, Board Member (2020-2024)
• Cleveland Leadership Center, Civic Leadership Institute (Class of 2014)
• United Methodist Church, North Coast District, District Superintendency Committee (2008 – 2015)
• United Way of Greater Cleveland, Risk Management Committee (2012 – 2017)

Firm Involvement

• Hiring Committee, (2000 – 2015)

Awards & Honors

• Honored as a Crain’s Cleveland Business Notable Leader in Employment & Labor Law (2023)
• Named to Chambers USA in Labor and Employment (2017 – 2024)
• Recognized by The Best Lawyers in America® as Cleveland Lawyer of the Year in Litigation-Labor and Employment (2019)
• Named to The Best Lawyers in America® in Employment Law – Management (2023 – Present), Litigation – Labor and Employment (2014 – Present), and Labor Law – Management (2022 – Present)
• Named to the Ohio Super Lawyers list (2005 – 2006, 2009 – Present)
  • Top 100 Ohio Attorneys list (2020 – Present)
  • Top 50 Cleveland Attorneys list (2020 – Present)
• Listed as AV Preeminent Peer Review Rated by Martindale-Hubbell
• Recipient of the Client Choice Award – exclusive winner in the Employment & Labor category for the state of Ohio from Lexology and International Law Office (2014)

Publications

• “Texas Court Blocks FTC’s Non-Compete Rule,” Frantz Ward Labor & Employment Navigator (July 2024)
• “DOL Announces Proposed Rule Extending Overtime Pay To Millions Of New Workers,” Frantz Ward Client Alert (August 2023)
• “Congress Enacts New Protections for Pregnant and Nursing Employees,” Frantz Ward Labor & Employment Navigator (January 2023)
• “Federal Court Provides Guidance for Employers Navigating FMLA/ADA Leave Issues,” Frantz Ward Labor & Employment Navigator (July 2022)
• “EEOC Issues Guidance on Sexual Orientation and Gender Identity Discrimination,” Frantz Ward Labor & Employment Navigator (July 2021)
• “Department of Labor Provides Guidance Related to the Expiration of the FFCRA,” Frantz Ward Labor & Employment Navigator (January 2021)
• “Employers May Not Require Back-To-Work Antibody Tests of Employees,” Frantz Ward Client Alert (June 2020)
• “Termination of McDonald’s CEO Highlights Changing Workplace Attitudes,” Frantz Ward Labor & Employment Navigator (November 2019)
• “DOL Provides Guidance For Employers Seeking to Avoid FLSA Liability,” Frantz Ward Labor & Employment Navigator (July 2019)
• DOL Issues Helpful FLSA Guidance for Employers,” Frantz Ward Labor & Employment Navigator (April 2018)
• “Responding to Employee Absences Linked to Political Protests,” Frantz Ward Labor & Employment Navigator (February 2017)
• “LGBT Issues Taking Center Stage,” Frantz Ward Labor & Employment Navigator (November 2016)
• “Are you Preparing for the Changes to the Overtime Rules?,” Frantz Ward Labor & Employment Navigator (July 2016)
• “Employers Must Plan for New Federal Overtime Rules,” Properties Magazine (July 2016)
• “State Action and the Preemptory Challenge: Evolution of the Court’s Treatment and Implications for Georgia v. McCollum,” 67 Notre Dame Law Review 1049 (1992) –
  cited by the Supreme Court of the United States

Presentations & Lectures

• Mike regularly presents and trains on labor and employment topics, including engagements for industry groups, human resources professionals, bar associations, fellow practitioners, and clients. Recent presentation and webinar topics include:
  • EEO and Harassment Laws
  • Family and Medical Leave Act
  • Wage and Hour Laws
  • Independent Contractor Issues
  • Noncompete Agreements
  • Performance Management
  • Workplace Violence Issues
  • General Supervisory and Employment Law Training
  • Human Resources, Attorney-Client Privilege and the Work-Product Doctrine
• Co-Presenter, “Lessons from the Trenches: How to Avoid Litigation and Win at Trial,” Frantz Ward Labor and Employment Seminar (June 2024)
• Co-Presenter, “2023 Quick Fire Topics,” ALFA International: 2023 Labor & Employment Seminar, Banff, Canada (June 2023)
• Co-Presenter, “ADA Today: Evaluating Disability Questions and Issues That Arise in Today’s Workplace,” Frantz Ward Labor & Employment Seminar (June 2023)
• Co-Presenter, “Top 10 HR Mistakes from the Perspective of In-House and Outside Counsel,” Frantz Ward Labor and Employment Seminar (June 2022)
• “Common HR Pitfalls and How to Avoid Them,” The Road Ahead Frantz Ward’s Labor & Employment Webinar Series (June 2021)
• “Employment Law Update,” Ohio CUPA-HR 2021 Spring Virtual Conference
  (April 2021)
• “Internal Investigations: Dos/Don’ts and Tips to Minimize Risk in the Ever-Changing Workplace,” Frantz Ward Labor and Employment Webinar (October 2020)
• “Cannabis Law and Practical Issues Impacting the Workplace,” Frantz Ward Labor and Employment Law Seminar, Cleveland, OH (May 2019)
• “Employment Law and Title IX Update,” Ohio CUPA-HR Conference, Ohio Northern University (April 2019)
• “Gray Area: Romance in the Workplace and Avoiding Claims of Harassment,” Frantz Ward Labor and Employment Law Seminar, Cleveland, OH (May 2018)
• “HR Practices for Avoiding Employment Claims,” Ohio CUPA-HR Spring Conference, Ada, OH (April 2018)
• “Hot Topics in NEO Workplaces: Medical Marijuana; LGBT Issues; and Myths/Realities,” ERC “Ask the Expert,” Cleveland, OH (September 2017)

Media Coverage

• Mentioned in, “Lawyers, Firms Receive Recognition,” Cleveland Jewish News (January 2021)