final_2_kabat

Practice Areas

  • Employment Law
  • Class and Collective Action Litigation
  • Wage and Hour Litigation
  • Traditional Labor Relations


Education

Duke Law School

  • J.D. 1990

The State University of New York at Binghamton

  • B.A. Political Science 1987
  • Management Adjunct
  • Lacrosse Team
  • Sigma Nu Fraternity

Bar Admissions

  • State Bar of Georgia
  • State Bar of New York
  • District of Columbia

Court Admissions

  • U.S. Supreme Court and Courts of Appeal for the Second, Third, Fourth, Fifth, Sixth, Ninth and Eleventh Circuits
  • U.S. District Courts for the Northern District of Georgia, Western District of Pennsylvania and Northern and Southern Districts of New York
  • Georgia Supreme Court and Court of Appeals

Michael D. Kabat

Michael Kabat is a founding partner of KCO and leads the Firm’s labor and employment practice. Mike has practiced labor and employment law on behalf of management exclusively for over 25 years, representing employers on a nationwide basis in all phases of employment law and labor relations. This includes representing clients before state and federal courts, as well as before the Department of Labor, the National Labor Relations Board, the Equal Employment Opportunity Commission, and numerous other state and federal agencies.

Mike and his team have successfully handled over 100 federal and state law employment class and collective actions over the past few years, including numerous wage and hour actions. The team has obtained exceptional results in those matters, having had only one case survive class certification. This record of success has resulted in the group serving as national employment litigation counsel to one of the nation’s largest telecommunications companies, as well as southeastern employment counsel to one of the country’s largest hotel chains. Mike has been recognized as one of Georgia Trend’s “Legal Elite,” a Georgia Super Lawyer®, a “Top Rated Lawyer in Labor & Employment” and AV Preeminent® by Martindale Hubbell, and one of Georgia’s Top-Rated Lawyers by Legal Leaders.

Mike attended law school at Duke University School of Law, where he graduated in 1990. Prior to law school, Mike attended The State University of New York at Binghamton, graduating with a bachelor’s degree in political science. Mike also played on SUNY Binghamton’s lacrosse team.

Employment

  • In a putative nationwide wage and hour class action based on allegation that client’s rounding policy was unlawful, defeated class certification and obtained summary judgment on all claims. In a published opinion that contained favorable rulings on multiple issues of first impression, the Ninth Circuit affirmed the district court’s order in its entirety. Corbin v. Time Warner Entm’t-Advance/Newhouse P’ship, 821 F.3d 1069 (9th Cir. 2016).
  • Obtained summary judgment in nationwide wage and hour class action on complex issues of first impression involving proper computation of the employees’ “regular rate of pay” for purposes of calculating overtime compensation.
  • Obtained summary judgment for national telecommunications company on class action wage and hour and meal/rest breaks claims in federal court in California, and prevailed on appeal in matters of first impression before Ninth Circuit. Deleon v. Time Warner NY Cable LLC, No.11–56699, 510 F. App’x 545 (9th Cir. 2013).
  • Represented international consulting company in class action Americans with Disabilities Act and ERISA lawsuit brought by former employee. Obtained dismissal of all claims on first motion (motion to dismiss).
    Craig v. BearingPoint, Inc., No.1 08-CV-2476 (N.D. Ga. Dec. 10, 2008).
  • Obtained summary judgment prior to class certification in matter of first impression in Sixth Circuit on behalf of Fortune 50 telecommunications provider in Fair Labor Standards Act collective action. Fields v. AOL Time Warner, Inc., 261 F. Supp. 2d 971 (W.D. Tenn. 2003).
  • In matter of first impression in Eleventh Circuit Court of Appeals, obtained dismissal with prejudice of class claims on behalf of international web hosting company in FLSA collective action. Prior to dismissal, obtained emergency injunction prohibiting plaintiff from contact with putative class. Thomas v. Interland, Inc., No. 1:02-CV-3175-CC, 2003 WL 24065651 (N.D. Ga. Aug. 25, 2003).
  • Obtained dismissal of all claims on motion to dismiss on behalf of Fortune 600 company in ERISA/age discrimination/wrongful discharge litigation in federal district court in West Virginia. Speer v. Mountaineer Gas Co., 2009 WL 2255512 (N.D.W.V. Jul. 28, 2009)
  • Defended national telecommunications company in FLSA “off-the-clock” work collective action in Western District of Oklahoma. Obtained nominal settlement of named plaintiff’s individual claims with dismissal of all class claims following named plaintiff’s deposition.
  • In defense of discrimination/retaliation lawsuit, won summary judgment on after-acquired evidence defense and on counterclaims for breach of fiduciary duty and breach of contract against former in-house attorney of northeastern power company.
  • Represented national insurance company in a race discrimination/retaliation claim in the Northern District of Georgia. Obtained dismissal of the race claim on a Motion for Judgment on the Pleadings and settled the retaliation claim for nuisance value.
  • Retained by national computer company after conditional certification of FLSA collective action. Defeated plaintiffs’ motion for final certification and obtained decertification of class in matter of first impression in District of Idaho. Smith v. Micron Electronics, Inc., Case No. CV-01-244-S-BLW (D. Idaho Feb. 4, 2005).
  • Represented international consulting company in FLSA class action in District of Massachusetts. Bifurcated discovery and moved for summary judgment against named plaintiff on grounds that she was exempt from overtime under FLSA administrative exemption. While motion was pending, negotiated favorable settlement of plaintiff’s individual claims and dismissal of all class claims.
  • Represented international office equipment company in Lanham Act false advertising and restrictive covenant case in federal court in West Virginia. Case settled with defendant agreeing to pay attorneys’ fees and abide by terms of restrictive covenant.
  • Defended distribution company and individual defendants against multi-state civil RICO, computer theft, non-compete and trade secret claims. Negotiated de minimis settlement resolving all claims.
  • Represented data storage company in trade secret/non-competition litigation in Georgia federal court. Defeated effort to obtain injunctive relief against client and negotiated favorable settlement.
  • Routinely defends clients in wage and hour matters before the United States Department of Labor.
  • Assists clients with affirmative action compliance obligations including defending clients against Office of Federal Contract Compliance Programs affirmative action audits.
  • Routinely represents clients before the Equal Employment Opportunity Commission and state Fair Employment Practices agencies.

Labor

  • Worked with clients to defeat union organizing campaigns mounted by various unions including the Communications Workers of America, the International Association of Machinists and Aerospace Workers, the International Brotherhood of Teamsters, the United Steelworkers (“Steelworkers”), the United Food and Commercial Workers (“UFCW”), the International Brotherhood of Electrical Workers, and the United Paperworkers International Union.
  • Led collective bargaining negotiations on behalf of numerous clients. Negotiated contracts with numerous unions including the United Autoworkers, the UFCW, the Graphic Communications International Union and the Steelworkers.
  • Represented clients before the National Labor Relations Board.
  • Defended clients in numerous labor arbitrations involving contract interpretation and employment termination issues.
  • Work with national hotel clients in responding to union picketing at multiple hotel properties.

General

  • Drafts and reviews employee handbooks, supervisor manuals and employment policies.
  • Reviews workplace employment practices and conducts workplace audits including audits of wage and hour compliance and hiring, discipline and discharge practices.
  • Provides training on all workplace issues including such topics as proper hiring, discipline and discharge, harassment and discrimination and FMLA and ADA compliance.
  • Assists companies with due diligence and other issues related to the acquisition of facilities.
  • Bonnie Eslinger, TWC Workers Fight Timecard Rounding Policy At 9th Circ., LAW360, September 3, 2015
  • Lisa Ryan, Supreme Court Rejects FLSA Class Action Waivers Appeal, LAW360, June 30, 2014
  • Carolina Bolado, Time Warner Workers Lose Class Cert. Bid In Wage Suit, LAW360, December 19, 2012
  • Abigail Rubenstein, Employer Class Waiver On Surer Footing After 11th Cir. Win, LAW360, March 24, 2014
  • Allissa Wickham, FLSA Doesn’t Bar Class Waivers In OT Suit, 11th Cir. Says, LAW360, March 21, 2014
  • Jonathan Randles, Calif. Judge To Deny Class Cert. In Time Warner OT Suit, LAW360, May 8, 2012
  • Zach Winnick, Time Warner Field Technician Drops Class Wage Claims, LAW360, April 30, 2012
  • Allison Grande, Field Techs Lose Cert. Bid In Time Warner FLSA Suit, LAW360, January 3, 2011
  • Ryan Davis, Time Warner Wins Dismissal Of Overtime Action, LAW360, January 28, 2010
  • Corbin v. Time Warner Entm’t-Advance/Newhouse P’ship, 821 F.3d 1069 (9th Cir. 2016)
  • Walthour v. Chipio Windshield Repair, LLC, 745 F.3d 1326 (11th Cir. 2014)
  • Craig-Wood v. Time Warner N.Y. Cable LLC, 549 F. App’x 505 (6th Cir. 2014)
  • Deleon v. Time Warner N.Y. Cable LLC, 510 F. App’x 545 (9th Cir. 2013)
  • Gladysiewski v. Allegheny Energy, No. 2:07CV1339, 2009 WL 4403382 (W.D. Pa. Dec. 2, 2009), aff’d, 398 F. App’x 721 (3rd Cir. 2010)
  • Heilman v. Allegheny Energy Svc. Corp., No. 02:07CV1034, 2008 WL 4591640 (W.D. Pa. Oct. 14, 2008), aff’d, 351 F. App’x 645 (3rd Cir. 2009)
  • Gladysiewski v. Allegheny Energy Service Corp., 282 F. App’x 979 (3rd Cir. 2008)
  • Waine-Golston v. Time Warner Entertainment-Advance/Newhouse Partnership, No. 11CV1057-GPB RBB, 2013 WL 1285535 (S.D. Cal. Mar. 27, 2013)
  • Waine-Golston v. Time Warner Entertainment-Advance/Newhouse Partnership, No. 11CV1057-GPB RBB, 2012 WL 6591610 (S.D. Cal. Dec. 18, 2012)
  • Craig-Wood v. Time Warner N.Y. Cable LLC, No. 2:10CV906, 2012 WL 3929819 (S.D. Ohio Sept. 10, 2012)
  • Singleton v. Time Warner Entertainment Advance-Newhouse Partnership, No. 3:09CV3139-MBS-JRM, 2012 WL 1098262 (D.S.C. Mar. 30, 2012)
  • Gillings v. Time Warner Cable LLC, No. CV 10-5565-AG-RNBX, 2012 WL 1656937 (C.D. Cal. Mar. 26, 2012)
  • Botello v. COI Telecom, L.L.C., No. SA-10-CV-305-XR, 2010 WL 5464824, 50 Employee Benefits Cas. 1916 (W.D. Tex. Dec. 30, 2010)
  • Deleon v. Time Warner Cable LLC, No. CV 09-2438 AG (RNBx), 2010 WL 669116 (C.D. Cal. Feb. 22, 2010)
  • Harding v. Time Warner, Inc., No. 09CV1212-WQH-WMC, 2010 WL 457690 (S.D. Cal. Jan. 26, 2010)
  • Harding v. Time Warner, Inc., No. 09CV1212-WQH-WMC, 2009 WL 341574 (S.D. Cal. Aug. 18, 2009)
  • Speer v. Mountaineer Gas Co., No. 5:06CV41, 2009 WL 2255512 (N.D.W.V. Jul. 28, 2009)
  • Nesselrotte v. Allegheny Energy, Inc., et. al., 615 F. Supp. 2d 397 (W.D. Pa. 2009)
  • Holloway v. Select Hotels Group, L.L.C., No. 8:08CV1208-T-33TBM, 2008 WL 4534135 (M.D. Fla. Oct. 7, 2008)
  • Nesselrotte v. Allegheny Energy, Inc., et. al., No. 06-1390, 2007 WL 1411817 (W.D. Pa. May 10, 2007)
  • Smith, et. al. v. Micron Electronics, Inc., No. CV-01-244-S-BLW, 2005 WL 5336571 (D. Idaho Feb. 04, 2005)
  • Thomas v. Interland, Inc., No. 1:02-CV-3175CC, 2003 WL 24065651 (N.D. Ga. Aug. 25, 2003)
  • Fields v. AOL Time Warner, Inc., 261 F. Supp. 2d 971 (W.D. Tenn. 2003)
  • Perry Judd’s, Inc. and GCIU Local 309C, 117 Lab. Arb. (BNA) 1134 (2002) (Kenis, Arb.)
  • Johnstown America Corporation and USWA Local 2635, 1994 WL 854709, FMCS File No. 94-08208 (1994) (Tharp, Arb.)
  • Johnstown America Corporation and USWA Local 2635, 1994 WL 838177, FMCS File No. 94-04167 (1994) (Franckiewicz, Arb.)
  • Recognized as one of Georgia Trend’s “Legal Elite – The Best Lawyers in Georgia”
  • Recognized as one of Georgia’s Super Lawyers®
  • Recognized as a “Top Rated Lawyer in Labor & Employment” and AV Preeminent® by Martindale-Hubbell
  • Led labor and employment group recognized as a “Go-To Law Firm for the Top 500 Companies in Labor & Employment Law”
  • Recognized as one of “Georgia’s Top-Rated Lawyers” by Legal Leaders
  • Presenter: Class and Collective Action Update – Defending Against Class and Collective Actions
  • Program Co-Chair, The Seminar Group, ADA, FMLA, & Workers’ Compensation: Navigating the Devil’s Triangle
  • Faculty, The Seminar Group, Managing Attendance Issues: Navigating Workman’s Compensation, FMLA & ADA
  • Presenter: The Fair Labor Standards Act – Understanding and Applying the New Wage and Hour Overtime Exemptions
  • Presenter: Workplace Threats and Acts of Violence in Georgia Government