Michael Rose

J. Michael Rose


Partner

 

Overview

Mike Rose focuses his labor and employment practice on defending employers in litigation involving the Fair Labor Standards Act ("FLSA") (single plaintiff cases and collective actions), Title VII/ADEA/ADA/OSHA & Section 1981 wrongful termination, retaliation and harassment lawsuits, OSHA retaliation matters, as well as representing employers in front of various federal, state and local employment-related agencies in Texas and in the Gulf Coast and Southwest regions, as well as nationally. Mr. Rose also regularly represents employers in litigation of non-compete, restrictive covenant and trade secret matters. His representative experience includes all aspects of labor and employment related litigation, including representing clients in court hearings, trials and in arbitrations, taking and defending depositions, drafting and arguing dispositive motions, and resolving cases through negotiation and mediation. Mr. Rose also regularly provides advice and counsel to employers on hiring and firing decisions, wage and hour issues, Family and Medical Leave Act issues, collective bargaining issues, employment policies and handbooks, OSHA, and non-compete agreements/restrictive covenants.

Mr. Rose has extensive experience defending Fair Labor Standards Act collective action lawsuits in multiple jurisdictions, typically involving hundreds of employees, particularly in the energy and oilfield services industries. Mr. Rose also regularly represents both Plaintiffs and Defendants in restrictive covenant/non-compete matters in Texas, Louisiana, Arkansas, Oklahoma, California, Colorado, Pennsylvania, and Massachusetts, 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, and works with corporate clients and attorneys in reviewing and drafting employment-related documents in mergers and acquisitions.

Mr. Rose has been Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization since 2009.

Representative Experience

  • Defended national oilfield services client in multiple collective and class action lawsuits brought by current and former cementing and pressure pumping employees
  • Obtained multiple summary judgment orders on threshold matters related to liability and measure of damages in FLSA and state law wage and hour collective actions and single plaintiff lawsuits
  • First chair experience in multiple employment law-reated trials and temporary injunction hearings
  • Defended national oilfield services client in multiple collective action lawsuits brought by current and former mud engineers
  • Defended national oilfield services client in multiple collective and class action lawsuits brought by current and former wireline and torque and test operators
  • Defended national oilfield services client in multiple collective action lawsuits brought by current and former coil tubing, cementing, flowback, wireline and pressure pumping operators and supervisors
  • Defended national oilfield services client in multiple collective and class action lawsuits brought by current and former directional drillers, MWD hands, wireline and survey employees
  • Defended national oilfield services client in multiple collective and class action lawsuits brought by current and former coil tubing and fracking operators and supervisors
  • 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
  • Defended clients in multiple other FLSA and state law Collective and Class Actions
  • Labor arbitrations involving collective bargaining agreements/unfair labor charges
  • Second-chair in 2-month complex commercial litigation trial
  • Represented client 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

Professional Affiliations and Recognitions

  • Vice-Chair and Long-Term Council Member, Labor and Employment Section, Houston Bar Association
  • Houston Bar Association 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

Board Certifications

Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization