J. Michael Rose

J. Michael Rose focuses his labor and employment practice on litigation involving Fair Labor Standards Act ("FLSA") (single plaintiff and collective action); Title VII, Age Discrimination in Employment Act ("ADEA"), and Americans with Disabilities Act ("ADA"); involvement includes trial, taking and defending depositions, drafting dispositive motions, and resolving cases through negotiation and mediation. Mr. Rose also counsels employers on hiring and firing decisions, wage and hour issues, Family and Medical Leave Act issues, collective bargaining issues, employment policies and handbooks, fair credit reporting, and restrictive covenants.

Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization, Mr. Rose has extensive experience defending Fair Labor Standards Act collective action lawsuits, several involving hundreds of employees. Mr. Rose also regularly represents both Plaintiffs and Defendants in restrictive covenant/non-compete matters and has extensive courtroom experience litigating these matters.

In addition to his employment litigation practice, Mr. Rose regularly represents both employers and executives in drafting and analyzing employment and executive compensation agreements.

Education

• J.D., Northwestern University School of Law, 2003
• B.B.A., Finance, Texas A&M University, 1999

Bar Admissions

• Texas

Admitted To Practice

• U.S. District Court for the Southern District of Texas
• U.S. District Court for the Northern District of Texas
• U.S. District Court for the Eastern District of Texas
• U.S. District Court for the Western District of Texas

Representative Experience

• State and federal court litigation, including trials and injunctive matters, related to covenants not to compete (including tortious interference, breach of contract, breach of fiduciary duty, misappropriation and unfair competition), representing both plaintiffs and defendants.
• FLSA Collective Actions
• Labor arbitrations involving collective bargaining agreements/unfair labor charges.
• Second-chair in 2-month complex commercial litigation trial.
• Lead associate in NASD Dispute Resolution arbitration involving claims of breach of employment agreement, misappropriation of trade secrets, unfair competition and violation of the Computer Fraud and Abuse Act.
• Participated in employer-initiated decertification election on behalf of a prominent Houston grocery chain, which resulted in dissolution of longstanding collective bargaining unit.
• Draft and review executive employment agreements
• ·Investigate and respond to EEOC and state agency charges of discrimination.
• ·Presenter for seminars on Covenants Not to Compete, Sarbanes-Oxley, FMLA and other employment-related issues.

Publications & Presentations

• Author, " Locke Lord QuickStudy: Recent U.S. Supreme Court Decision Addresses Offers of Judgment in FLSA Collective Actions ," Locke Lord (May 3, 2013)
  
• Author, " Locke Lord QuickStudy: USCIS Issues Revised Form I-9 that Becomes Mandatory on May 7, 2013 ," Locke Lord LLP (April 19, 2013)
  
• Author, " Fifth Circuit Weighs in On Issue of First Impression, Permits Private Settlement of FLSA Wage and Hour Dispute Without Court Approval ," Locke Lord (August 13, 2012)
  

Events

• 2013 Employer Update Breakfast Briefing (January 30, 2013)

Professional History

• Associate, Locke Lord LLP

Professional Affiliations & Achievements

• Member, Labor and Employment Section, Houston Bar Association
  • Historical Committee
  • Golf Committee

Community Leadership

• Founding Member, Young Leaders for Methodist Hospital
• Member, World Championship Barbeque Committee, Houston Livestock Show & Rodeo
• Entertainment Coordinator, Krewe of Maximilian, Mardi Gras Galveston