As schools across the country prepare for summer break, the Ninth Circuit overturned a lower court decision against the Fresno County public school district which had found that its pay practices were unlawful. Notably, the Ninth Circuit held that an employer may rely on prior salary as an affirmative defense to claims under the federal Equal Pay Act (“EPA”) if “it show[s] that the factor ‘effectuate[s] some business policy’ and that the employer ‘use[s] the factor reasonably in light of the employer’s stated purpose as well as other practices.’” READ MORE
Michael litigates "bet the farm"-style class and collective actions and provides cost-effective solutions to clients with the company's overall business model in mind.
Lawsuits can undermine business strategy. Michael understands this and approaches legal solutions with a sensitivity towards how litigation may impact the client's overall business goals. He applies a creative approach in advising clients in several industries, including tech, finance, and retail.
Currently, Michael is defending a tech giant in a major class action alleging disparate impact based on gender. His involvement includes addressing novel privilege issues, strategizing eDiscovery solutions, and positioning the client for opposition to class certification. Besides litigation experience, Michael also counsels clients regarding OFCCP investigations, wage and hour compliance, and cross border human resources issues.
Michael graduated with honors from The Ohio State University College of Law, where he was also awarded the Public Service Fellow distinction, received several CALI Excellence for the Future Awards, and competed as a member of Ohio State's National Moot Court Team. He received his undergraduate degree from Westminster College, magna cum laude, where he now serves on the College's Alumni Council.Array
Posts by: Michael Disotell
With Governor Jerry Brown’s signature, California officially amended its equal pay legislation through the California Fair Pay Act (the Act) to include more employee-friendly provisions. The Act, which now creates the nation’s strongest equal pay protections, seeks to close the pay gap in California. The Act may serve as a model for legislation in other states and supporters are even hopeful the Act’s passage may finally push Congress to pass the Paycheck Fairness Act, which has been introduced in Congress every year since 1994 and upon which California’s legislation was based.