Mr. Wietrzychowski serves as Vice Chair of the Firm's Labor and Employment Practices Group, and has extensive national experience with all types of labor and employment matters -- representing corporations and select professionals and executives before various federal, state, local, and administrative tribunals. Mr. Wietrzychowski also has extensive experience with environmental, land use and commercial litigation matters. Mr. Wietrzychowski has served as City Solicitor for the City of Burlington, Solicitor for the Delran Township Zoning Board, Co-Solicitor for the Mount Laurel Board of Education, and has served as a commercial Arbitrator for New Jersey courts. Mr. Wietrzychowski also has been quoted in national publications such as Businessweek. Mr. Wietrzychowski has been named a "New Jersey Super Lawyer" for labor and employment law (2006-2011).
Areas of Experience
Employment Counseling
· Mr. Wietrzychowski counsels employers on a daily basis with various labor and employment issues geared towards early and cost-effective resolution and litigation avoidance.
· Mike frequently advises clients with crafting and implementing litigation avoidance strategies, drafting, implementing and updating human resources policies, management and employee training, and drafting and implementing employment, non-competition, and arbitration agreements.
· Mike represents employers and select executive employees with developing exit strategies and reviewing severance agreements.
· Mike frequently counsels employers on significant employment issues, such as workforce restructurings, mergers and acquisitions, downsizings, employee terminations, and drafting and implementing severance agreements.
· Mike frequently counsels employers on compliance with federal and state laws, including discrimination (Title VII and New Jersey's Law Against Discrimination), wage and hour, disability, family and medical leave (FMLA), health and safety, and other laws and regulations governing the workplace.
Labor Law
· Mr. Wietrzychowski assists employers with significant labor matters, such as union-management arbitration, collective bargaining agreement negotiations, National Labor Relations Board proceedings, including unfair labor practice charges and union representation elections, appeals of arbitration and NLRB decisions, employer relocations, downsizings, restructurings, mergers and acquisitions in a unionized environment, and union arbitration and litigation under ERISA.
· Mike served as the primary defense attorney in JS Mechanical, Inc. and Sheet Metal Workers Int'l. Ass'n., Local Union 19, where the National Labor Relations Board upheld an administrative law judge's decision that the employer did not engage in illegal anti-union practices by failing to hire union employees.
· Mike has served as special labor and employment counsel and contract negotiator for various public entities, including the City of Burlington, Evesham Township, and the Cinnaminson Township Fire District.
· Mike successfully litigated, arbitrated and negotiated a large national company's relocation and facility closure efforts, and in the process, allayed the union's negative media campaign.
· Mike has successfully defended employers in class action matters brought by the U.S. Department of Labor and unionized employees under wage and hour (FLSA) laws and health and safety (OSHA) laws.
· Mike has successfully represented numerous employers during union representation elections and accompanying unfair labor practice charges brought by unions.
· Mike has successfully negotiated and settled numerous union ERISA matters brought by union health and welfare benefit funds against employers for contributions and delinquencies.
· Mike has successfully prepared and implemented strike contingency plans and other strategies focused on allaying adverse union conduct.
Employment Law Litigation
· Mr. Wietrzychowski assists employers with significant employment litigation matters, such as state and federal litigation under federal and state discrimination, harassment, OSHA, wage and hour laws, family and medical leave laws, disability laws (ADA), retaliation and CEPA ("whistleblower") claims, and business competition litigation, including injunctions to protect confidential employer information, enforcement of non-compete agreements, and matters involving employer "raiding."
· Mike served as the primary defense attorney on Stricker v. Eastern Offroad, Inc., where he successfully secured dismissal of a former employee's state and federal wage and hour claims prior to trial.
· Mike served as lead trial defense attorney and a key appellate attorney on Varallo v. Elkins Park Hosp., a case before the U.S. Court of Appeals for the Third Circuit, where the hospital successfully reversed a lower court's decision and won dismissal of an employee's discrimination and harassment law suit - forcing the employee to arbitrate her claims under the company's arbitration policy.
· Mike successfully defended a national autoparts distributor in federal court -- securing dismissals of two employees' race discrimination, retaliation, and wrongful discharge cases prior to trial.
· Mike successfully defended a large construction and development company in New Jersey state court -- securing dismissal of an employee's sexual harassment and constructive discharge claims before trial.
· Mike successfully defended and secured no probable cause determinations for numerous clients before federal and state civil rights and labor agencies, such as the Equal Employment Opportunity Commission and New Jersey's Division on Civil Rights.
· Mike has successfully secured injunctive relief enforcing non-compete agreements on behalf of employers. He also has invalidated employment contracts and non-compete agreements on behalf of corporate executives.
Professional Affiliations
· Supreme Court of New Jersey, District Ethics Committee, member
· New Jersey State Bar Association, member
· Burlington County Bar Association, member
· Burlington County Chamber of Commerce, Board Member, Director
· Burlington County Chamber of Commerce, Board of Directors' Liaison to the Labor and Employment Committee
Other Distinctions
· Named a 'New Jersey Super Lawyer' for labor and employment law by Super Lawyers, a Thomas Reuters publication, 2006-2011
· The Temple Law Review, staff member and associate editor
News
05/27/2011, Super Lawyers Recognizes Many Schnader Attorneys in 2011
07/29/2010, Michael Wietrzychowski Selected by the Supreme Court of New Jersey to Serve on the District Ethics Committee
01/01/2010, Super Lawyers Recognizes Many Schnader Attorneys in 2010
03/19/2009, Two Schnader Attorneys Honored as New Jersey Super Lawyers
09/05/2008, Wietrzychowski Quoted in the Philadelphia Business Journal
03/21/2008, Several at Schnader are 2008 D.C., New Jersey 'Super Lawyers'
10/23/2007, Wietrzychowski Quoted on Employers' Dress-Code Requirements
04/25/2007, Wietrzychowski Re-elected to County Chamber of Commerce
04/06/2007, Schnader Attorneys Named New Jersey Super Lawyers
04/07/2006, Four Schnader Attorneys Honored as New Jersey Super Lawyers, Rising Stars
01/25/2006, Wietrzychowski Named a Director of Burlington County NJ Chamber of Commerce
07/24/2005, Wietrzychowski Speaks on Job Interview Protocols
05/12/2005, Wietrzychowski Reappointed Chair of COC Labor and Employment Committee
05/05/2005, Labor and Employment Team Helps Defeat Unfair Labor Practice Charge
03/05/2005, Schnader Partner Re-Appointed to Chair Committee for Burlington County Chamber of Commerce
02/22/2005, Michael J. Wietrzychowski Notes Legal Concerns Associated With Drug Screening Programs
01/30/2005, Michael J. Wietrzychowski Provides Advice on Interview Questions for Employers
Related Events
10/26/2011, Schnader's Pittsburgh Office Presented: What's on the Horizon for Employers - The 2011-2012 Regulatory Storm and How to Prepare for It
10/06/2011, Schnader Presented: What's on the Horizon for Employers - The 2011-2012 Regulatory Storm and How to Prepare for It
03/31/2006, Employment Law and Practices
03/31/2006, How to Manage Your Employees Without Wrecking Your Bottom Line
Publications
Articles
07/23/2009, "A Look at Temporary Family Disability Benefits"
02/01/2009, "What is the Employee Free Choice Act?"
09/01/2006, "Assessing Your HR Policies and Practices: Compliance With State and Federal Employment Laws"
05/01/2006, "Employment Law From A To Z"
02/01/2005, "Strategic Human Resources Practices: Using Metrics to Make a Difference"
Alerts
12/23/2011, Schnader Harrison Segal & Lewis LLP Presents Your 12 Labor & Employment Resolutions for 2012
11/10/2011, NJ Accidentally Eliminates "Inside Sales" Exemption - NJDOL is Now Working to Restore this Exemption
06/27/2011, Labor Board Walks Where Congress Fears to Tread
05/18/2010, Labor & Employment Alert: New York City Human Rights Law Does Not Permit Faragher-Ellerth Defense
05/04/2010, Labor & Employment Alert: New Tax Incentives for Hiring Unemployed Workers
02/19/2009, Unionizing Your Company Could Become Much Easier Under the Employee Free Choice Act
06/01/2008, Supreme Court Expands Employee's Right to Sue for Race Retaliation
05/05/2008, New Jersey Enacts the Paid Family Leave Law
02/13/2008, Hospital Worker Fired for Divulging Patient Information Can Sue for Wrongful Termination
01/25/2008, New Jersey Passes the Millville Dallas Airmotive Plant Job Loss Notification Act
01/17/2008, National Labor Relations Board Issues Decision Regarding Employer's Right to Enforce E-mail Policy
01/08/2008, Unemployment Benefits No Longer Automatically Available for Employees Who Accept Early Retirement Packages
08/30/2007, Your Independent Contractor Could Be an Employee Under New Jersey Law
08/23/2007, Department of Homeland Security Issues New Rules on 'No-Match' Letters
06/06/2007, Supreme Court Upholds Strict Time Limits for Pay Discrimination Claims
04/20/2007, Are Your Policies in Compliance With New Jersey's Civil Union Law?
04/09/2007, New York Employers Have Absolute Immunity From Defamation for Statements in Forms U-5
02/13/2007, Employment Discrimination Case Requires Justification for Job Qualifications
12/14/2006, Just What the Doctor Ordered? San Francisco's New Mandatory Paid Sick Leave
10/18/2006, Court Invalidates Waivers of FMLA Claim in Severance Agreement
10/09/2006, New NLRB Guidance on Determining Who is a Supervisor
07/21/2006, California Supreme Court Broadens Right to Payment of Wages Upon Termination
07/20/2006, Beware - Informal Severance Policies Could Be Binding ERISA Plans
07/19/2006, Supreme Court Broadens Definition of Retaliation
05/17/2006, New DOL Guidance on Salaried, Overtime-Exempt Employees in Light of Pay Deductions and Make-Up Time
Newsletters
12/01/2007, Issues and Trends in New Jersey Law
03/01/2007, Issues and Trends in New Jersey Law
02/01/2005, Issues and Trends in New Jersey Law
Speaking Engagements
10/26/2011, Schnader's Pittsburgh Office Presented: What's on the Horizon for Employers - The 2011-2012 Regulatory Storm and How to Prepare for It
10/06/2011, Schnader Presented: What's on the Horizon for Employers - The 2011-2012 Regulatory Storm and How to Prepare for It
02/08/2011, Michael Wietrzychowski Presents CLE Session: "Employment Law from A to Z in New Jersey"
09/25/2008, Continuing Education Seminar: Employment Law From A to Z in New Jersey
09/12/2007, Employment Law From A to Z in New Jersey
09/27/2006, Assessing Your HR Policies and Practices in New Jersey
09/09/2005, School Law in New Jersey
05/05/2005, Avoiding Discrimination Claims in the Workplace
05/05/2005, Sexual Harassment Claims in the Workplace
05/05/2005, Strategies for Preparing and Mediating Employment Cases
04/14/2005, Tools and Tips for Hiring Managers
02/10/2005, Strategic Human Resources Practices - Using Metrics to Make a Difference
01/27/2005, Strategies for Preparing and Mediating Employment Cases
(Also at Cherry Hill, New Jersey Office)