BoutinJones
ATTORNEYS AT LAW
Michael W. Kopp
Counsel
Michael has over two decades of experience successfully defending employers in federal and state court wage and hour class actions and representative PAGA claims, as well as advising employers on risk mitigation measures in California’s complex wage and hour landscape. His record in defending such actions includes numerous rulings eliminating class and PAGA actions either at the inception of the action via preemptive motions to dismiss, or at summary judgment following targeted discovery. He has also obtained numerous rulings denying or substantially narrowing the scope of class claims. Every employer, pay structure, and case is unique, as is the appropriate strategy to cost-effectively defend the action. Michael partners at the outset with his clients to assess risk, identify defenses, understand company objectives, and develop strategies to bring such actions to a successful conclusion as efficiently as possible, in alignment with client goals.
Michael also has extensive experience successfully defending the full spectrum of individual employment claims, including employment discrimination, harassment, retaliation, medical leave, and whistleblower claims. He has successfully defended employers in jury trials, arbitrations, and administrative hearings, including complete defense jury verdicts in state and federal court, as well as case-dispositive rulings in arbitration and before administrative agencies. His litigation record also includes numerous summary judgment rulings eliminating employment claims before they get to trial in both state and federal court and in arbitration. He has also successfully defended judgments on appeal, including arguing and winning a matter of first impression under the Family Medical Leave Act before the Eighth Circuit Court of Appeals.
Michael also regularly advises and represents employers with unionized workforces and has successfully first-chaired numerous labor arbitrations involving discipline, termination, and contract interpretation grievances. Michael’s decades of traditional labor experience carry over into his defense of wage and hour and other employment litigation, including his record of obtaining case-dispositive rulings based on statutory exceptions, waivers, and preemption defenses that apply in the union context.
Michael regularly assists clients with litigation avoidance in connection with refining wage and hour practices, drafting and implementing arbitration agreements, revising employment policies, counseling on employee discipline decisions, and compliance with all aspects of federal, state, and local employment laws.
Michael’s commitment to pro bono work began as a law student at Berkeley, where he took on his first pro bono engagement successfully representing an asylee in immigration proceedings, and he has thereafter maintained his commitment to pro bono work, including successfully representing an asylee in a case featured in the New York Times. Michael is also a member of Legal Services of Northern California’s Annual Valentine Day Race planning board.
Experience
Representative class action and PAGA experience
Obtained summary judgment on class claims for unpaid wages, business expenses, and derivative penalties for post-offer, pre-employment drug testing asserted against a multi-state grocery retailer on a matter of first impression, which was affirmed by the Ninth Circuit Court of Appeals.
Obtained complete summary judgment ruling on class claims for overtime, minimum wage, meal and rest period, business expense, and derivative penalty claims asserted against an oil refining company, terminating the action prior to class certification.
Obtained complete summary judgment ruling on minimum wage, overtime, and derivative penalty claims asserted on a class basis against a national hotel/hospitality company on a matter of first impression interpreting the San Jose minimum wage ordinance and collective bargaining agreement waivers.
Obtained order dismissing putative class wage and hour action asserted against a national hotel/hospitality company on grounds of Garmon preemption, resulting in the disposition of the putative class action at the pleadings stage.
Obtained order dismissing wage statement, vacation, and derivative penalty claims asserted against a multi-state grocery retailer, terminating all putative class claims at the inception of the action.
Obtained complete summary judgment ruling on federal court class action claims asserting time rounding, meal and rest period violations, and derivative penalty claims against a staffing company providing staff to a solar cell manufacturing plant.
Obtained order dismissing claims asserting regular rate violations as to meal and rest premiums, overtime, and sick pay asserted against a national retailer.
Obtained order dismissing class-wide wage and hour claims asserted against a national apparel retailer.
Representative employment action experience
Obtained complete defense jury verdict on claims of race discrimination, harassment and retaliation following a three-week jury trial.
Obtained complete defense jury verdict on claims asserted against all defendants, including employment claims of age and gender discrimination and retaliation following a one-week jury trial.
Obtained complete defense jury verdict on claims of gender-based discrimination and harassment, retaliation, and wrongful termination following a one-week jury trial.
Obtained summary judgment on disability discrimination, harassment, and wrongful termination claims brought against a national grocery retailer.
Obtained summary judgment on age discrimination, wrongful termination, whistleblower, retaliation, and harassment claims brought against a national convenience store/petroleum retail company.
Obtained summary judgment on wrongful death case alleging workplace contraction of COVID brought against a national grocery retailer.
Obtained complete summary judgment on wage and hour and age discrimination and harassment claims in arbitration brought against a national bank.
Obtained complete summary judgment on gender discrimination, harassment, wrongful demotion, and retaliation claims asserted against an oil refinery.