Michael S. Mitchell: Lawyer with Fisher & Phillips LLP

Michael S. Mitchell

New Orleans,  LA  U.S.A.

Peer Rating
AV® Preeminent

Client Rating

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Experience & Credentials Ratings & Reviews

Practice Areas

  • Labor and Employment
  • Collective Bargaining and Arbitration
  • Education Law
  • Labor Arbitration
  • Union Campaigns and Elections
  • Labor Disputes
  • Labor Strikes
  • Unfair Labor Practices - ULP
  • Union Avoidance
University West Virginia University, Morgantown, WV, B.A., with honors, 1966
Law SchoolWest Virginia University College of Law, Morgantown, WV, J.D., 1973; George Washington University National Law Center, Washington, DC, LL.M., Labor Law, summa cum laude, 1979
Admitted1973, West Virginia; 1979, Louisiana; U.S. Supreme Court; U.S. Court of Appeals for the Third Circuit; U.S. Court of Appeals for the Fourth Circuit; U.S. Court of Appeals for the Fifth Circuit; U.S. Court of Appeals for the Seventh Circuit; U.S. Court of Appeals for the District of Columbia Circuit; U.S. District Court for the Eastern District of Louisiana; U.S. District Court for the Middle District of Louisiana; U.S. District Court for the Western District of Louisiana; U.S. District Court for the Northern District of West Virginia; U.S. District Court for the Southern District of West Virginia; Louisiana Supreme Court; West Virginia Supreme Court of Appeals

Professional Activities

Member, Louisiana State Bar Association
Member, West Virginia State Bar Association
Member, The Federalist Society
Member, Global Association of Hospitality Attorneys
Member, Society for Human Resource Management


Mike Mitchell is a partner in the New Orleans office. His practice includes traditional labor law matters such as collective bargaining, arbitration, union avoidance and unfair labor practice proceedings before the National Labor Relations Board. He has more than 30 years of experience in those areas. He is also a litigator, including four years as a Judge Advocate in the U.S. Air Force. He has successfully argued many cases in state and federal district courts, before the NLRB, as well as several U.S. Circuit Courts of Appeals. Mike also performs preventive training and is much in demand as a speaker. He has addressed conferences and trade associations across the country on labor and employment topics. He is also editor-in-chief of the firm's various newsletters and award-winning publications. Mike is also experienced in representing hospitality employers, and is responsible for the Louisiana information at HospitalityLawyer.com. He is AV Peer Review Rated by Martindale-Hubbell. He was listed in Madison's Who's Who in American Law, and he has been recognized in Louisiana Super Lawyers since 2007. Mike is also listed in The Best Lawyers in America and Chambers USA, America's Leading Business Lawyers.


Forty-Four Attorneys Ranked Among Top in Chambers USA 2015
May 19, 2015

Fisher & Phillips Attorneys Listed in Louisiana Super Lawyers
December 29, 2014

Louisiana Super Lawyers
Best Lawyers in America
Chambers USA, America's Leading Business Lawyers
AV Peer Review Rated by Martindale-Hubbell


Labor Lawyers: Let Professionals Serve Booze, Nix Mistletoe at Holiday Parties
December 9, 2014

'You Can't Fire Me. I've Got Rights!'
July 1, 2008

The Old Man Can't Make It Up the Stairs, But Makes It Into Court
December 10, 2007

Union Organizing Trends In The Hospitality Industry
July 24, 2007

Are You Paying Attention? ADD and the Americans with Disabilities Act: Issues for Employers
July 1, 2007

Unions To Congress: Eliminate Secret Ballots: The Employee Free Choice Act
May 22, 2007

Sword or Shield? Using Employee Handbooks
June 25, 2003

Legal Alerts
Great Result In the Ralph & Kacoo's Election: What does it Mean for the Future?
July 21, 2008

Quotes and Soundbites

Ten Ways To Hold A Company Party - Without Getting Sued
December 18, 2014

Disaster Planning In The Digital Age
August 15, 2014

Company Sponsored Holiday Celebrations
November 28, 2011

Newsletter Articles

Top Ten Ways To Hold A Company Party - Without Getting Sued
December 1, 2014

Top Ten Ways To Hold A Company Party - Without Getting Sued
December 3, 2012

Interviewing The Pawn Stars Way
February 1, 2012

Year-End Look Back - The Lowlights
December 1, 2011

Top Ten Ways To Hold A Company Party - Without Getting Sued
December 1, 2011

Looking For That Special Look ?
September 1, 2011

Men Are From Mars, Women Are From Venus, And Equal Pay Act Claims Are Everywhere
June 1, 2011

Top Ten Ways To Hold A Company Party - Without Getting Sued
December 1, 2010

Year-End Lowlights
December 1, 2009

Reasons Employees Give For Joining A Union
November 1, 2009

Business Going To The Dogs?
June 1, 2009


Towing & Recovery Management Summit
July 22, 2014

Avoiding Wage/Hour Problems In The Restaurant Industry - New Orleans, LA
July 23, 2012

The Changing NLRB - San Diego, CA
November 17, 2011

The Changing NLRB,
2011 Global Strategic Managment Institute, Human Resources Conference, Houston TX.

Update on EFCA,
2009 Louisiana Restaurant Association Expo, New Orleans LA

The Nuts and Bolts of Union Organizing in Hotels,
7th Annual Hospitality Law Conference, Houston TX

Update of the Employee Free Choice Act,
Sunrise Rotary Club, Baton Rouge LA

Collective Bargaining and Union Organizing Trends in the Hospitality Industry,
6th Annual Hospitlaity Law Conference, Houston TX

Union Organizing in the Hospitality Industry: A Report From the Front,
5th Annual Hospitality Law Conference, Houston TX

The Future of Labor Relations in the Hospitality Industry.
2006 Panel discussion for investors sponsored by CIBC World Markets Investment Bank, New York, NY

Employment Law Update,
2006 Southern Gas Association Management Conference

Employment Law Update,
21st Management and Leadership Conference, National Hospice and Palliative Care Organization, Washington DC

Some Foreign Concepts: A Review of the Laws Dealing With Language and Aliens (Legal and Illegal) ink the Workplace,
39th Annual Lawyers' Conference, Blue Cross/Blue Shield Association, Houston TX

What Laws Will We Break This Year?
2005 annual meeting of Support Local Area Businesses, New Orleans LA

Lessons for Law Firms, Post-Katrina,
35th Annual Labor and Employment Law Institute, Institute of Continuing Legal Education, Atlanta GA

Everything You Wanted to KNow About Employment Law -- But Were Afraid To Ask,
2004 annual conference Indipendent School Association of the Southwest, Dallas TX

Education Law In Louisiana,
2004 seminar, National Business Institute, New Orleans LA

Forum on Employment Law,
2004 Annual meeting Southeast Carwash Association, New Orleans LA

Performance Evaluations, Discipline and Discharge,
19th Annual Management and Leadership Conference, National Hospice and Palliative Care Organization, Washington DC

Labor Law 101,
Flordia Beer Wholesalers' Association Annual Retreat, The Homestead Resort, Virginia

The Changing Face of Employment Law,
Association of Legal Administrators 2004 Educational Conference, New Orleans LA


Vice President of the Board of Governors, Le Petit Theatre du Vieux Carre
President. New Orleans Theatre Association
President, Japanese Garden Foundation of New Orleans
Past President, International Executives Association
Former Board Member, Metropolitan Crime Commission
Former Board Member, New Orleans Botanical Garden Foundation
Past President, Greater New Orleans Executives Association, (Executive of the Year, 2004)
MENSA, Member

Reported CasesReported Cases; Dorsey Trailers v. NLRB, 233 F.3d 831 (4th Cir. 2000); Hartsell v. Dr. Pepper, 207 F.3d 269 (5th Cir. 2000); Jaetzold v. Glazer's Wholesale, 199 F.3d 437 (5th Cir. 1999); Dorsey Trailers v. NLRB, 134 F.3d 125 (3d Cir. 1998); Chatman v. Glazer's Wholesale Drug, 77 F.3d 479 (5th Cir. 1996); Walker v. Southern Holding, 934 F. Supp. 197 (M.D. La. 1996); Gulf South Medical & Surgical Institute v. Aetna Life Ins. Co., 39 F.3d 520 (5th Cir. 1994); Missouri Portland Cement v. NLRB, 965 F.2d 217 (7th Cir. 1992); Walther v. National Tea Co., 848 F.2d 518 (5th Cir. 1988); Amalgamated Transit Union Div. 1560 v. Transit Management of Southeast Louisiana, 682 F. Supp 313 (E.D. La. 1988); Benchmark Industries, 270 NLRB 22 (1984)

Documents by this lawyer on Martindale.com

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Top Ten Ways To Hold A Company Party - Without Getting Sued
Michael S. Mitchell, February 4, 2015
With the Holiday Season in full swing, many employers ask us about the wisdom of holding company parties where alcohol will be served. They generally want to know about the risk involved if an employee drinks too much at the party and misbehaves, or worse, injures or kills someone on the way home....

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Office Information

Michael S. Mitchell

201 St. Charles Avenue
New OrleansLA 70170


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