Michael V. Abcarian: Lawyer with Fisher & Phillips LLP

Michael V. Abcarian

Regional Managing Partner
Dallas,  TX  U.S.A.
Phone(214) 220-8300

Peer Rating
AV® Preeminent

Client Rating

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Experience & Credentials Ratings & Reviews

Practice Areas

  • Labor and Employment
  • Class and Collective Action Defense
  • Collective Bargaining and Arbitration
  • Complex Litigation
  • Decertification
  • Fair Labor Standards Act - FLSA
  • Federal Appellate Practice
  • Federal Trial Practice
  • Harassment in the Workplace
  • Union Contract Negotiations
  • Jury Trials
  • Labor Management Relations
  • Labor Strikes
  • National Labor Relations Board - NLRB
  • Race and Gender Discrimination
  • Retaliatory Discharge
  • Sex Discrimination
  • Unfair Labor Practices - ULP
  • Union Campaigns and Elections
University University of California, Berkeley, CA, A.B., with honors, 1974
Law SchoolBoston College Law School, Boston, MA, J.D., 1977
Admitted1978, Florida and Georgia; 1980, Texas; U.S. Supreme Court; 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 Eighth Circuit; U.S. Court of Appeals for the Tenth Circuit; U.S. District Court for the Middle District of Florida; U.S. District Court for the Middle District of Georgia; U.S. District Court for the Northern District of Georgia; U.S. District Court for the Eastern District of Texas; U.S. District Court for the Northern District of Texas; U.S. District Court for the Southern District of Texas; U.S. District Court for the Western District of Texas; Florida Supreme Court; Georgia Supreme Court; Georgia Court of Appeals; Supreme Court of Texas; Texas Courts of Appeals

Professional Activities

Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization
Member, American Bar Association, Labor and Employment Law Section
Member, State Bar of Texas, Labor and Employment Law Section
fellow of the American Bar Foundation


Mike Abcarian is managing partner of the firm's Dallas office. For over thirty years he has represented Fortune 500 corporations, units of local government, and local business interests in labor and employment matters.

He has handled hundreds of lawsuits in federal and state courts with an exceptional success record, including lead counsel defense of complex litigation and nationwide class actions.

Many of Mike's successful cases resulted in defense verdicts for employer clients following trial by jury. Mike also handles complex workplace safety matters, including fatality investigations, and has represented employers in high-visibility proceedings before the Occupational Safety and Health Administration.

He has handled significant compensation compliance matters--some involving thousands of employees--in proceedings before the Wage & Hour Division of the U. S. Department of Labor. Mike also appears frequently before the Equal Employment Opportunity Commission, defending employers in discrimination matters.

He also represents employers before the National Labor Relations Board in union representation proceedings and unfair labor practice proceedings, and in arbitration of labor disputes and labor contract negotiations.

Throughout his career, Mike has been a sought-after speaker and a prolific author on labor and employment law issues.

He is AV Peer Review Rated by Martindale-Hubbell for preeminent skill and ethics, and he has been listed in Texas Super Lawyers every year since 2004. Mike has also been listed in Best Lawyers in America since 2012.


Texas Super Lawyers (2005 through 2013)
The Best Lawyers in America 2013, 2014


Monitoring Employees: How Far Can You Go?
February 28, 2015

DOL Will Be Targeting Texas Hospitality Industry in FY 2015
January 30, 2015

White Collar Exemption Changes May Increase Labor Costs
January 26, 2015

Unions Are Poised To Make Gains In South's Auto Industry
January 20, 2015

Watershed NLRB Ruling Allows Employees to Use Employer Email for Union --Related Communications
December 31, 2014

Monitoring Employees: How Far Can Employers Go?
August 29, 2014

E-Cigarettes Light Up Controversy Among Employers
April 8, 2014

Steering Clear of Hiring Hot Water
July 10, 2013

OSHA Plans To Comb The Construction Industry
May 8, 2013

Is The EEOC Messing With Texas?
December 11, 2012

Whose Data Is It, Anyway? BYOD Policies at Work
December 3, 2012

Changes To DOL Persuader Regs: Practical Considerations
August 28, 2012

Create a Medal-Worthy Workplace During the Olympic Games
August 1, 2012

Avoiding The Pitfalls Of Flexible Work Arrangements
July 18, 2012

Employment Cases and Regulations to Watch in 2012
February 28, 2012

Tips For Improving Construction Workplace Safety And Avoiding OSHA Problems
January 3, 2012

Packing Heat in the Parking Lot: Texas Employers Deal With Changes to the Concealed Handgun Law
October 25, 2011

Dissing Boss Online May Be OK, If Coworkers Join In
October 12, 2011

The Club Membership Texas Employers Want To Avoid
June 7, 2011

Is Your Summer Dress Code Too Hot to Handle?
June 2, 2011

Republican Sweep May Not Stem Obama's Pro-Labor Stance
November 26, 2010

Labor Board Changes Looming
January 15, 2010

New Fair Pay Law May Not Be Fair at All
January 26, 2009

New Year Brings Changes to Key Employment Laws
January 12, 2009

Industry's Battle Against Employee Free Choice Act Is Still Far From Over
May 5, 2008

A Perfect Storm: Will There Be a Surge of Union Activity in Texas?
April 7, 2008

Consider ADA Limitations Before Firing Workers
February 1, 2008

Big Labor Seeks Union Surge
December 27, 2007

Quotes and Soundbites
Do Employers Have the Right to Monitor Employees Through GPS Tracking? Is It an Invasion of Workplace Privacy?
February 16, 2015

Fisher & Phillips Attorneys Advise Employers To Avoid The Spiked Eggnog At Holiday Parties
December 15, 2014

Are You Making A Good-Faith Effort To Accommodate Employee's Religious Beliefs?
April 8, 2014

Fisher & Phillips Attorneys Offer Insight On Northwestern Football Ruling
March 28, 2014

Employment Law Experts Say Employers Legally Allowed To Require Flu Shots
February 25, 2014

The Uncertain Future Of E-Cigarettes In The Workplace
February 25, 2014

Tips To Avoid Issues At Company Holiday Parties
December 19, 2013

Labor Lawyer Michael Abcarian: The Secrets To His Success
July 19, 2013

Work Email on Your Phone? Legal Issues Abound
November 2, 2012

Bring Your Own Device (BYOD)
September 18, 2012

Packing Heat on the Parking Lot
October 12, 2011

Texas Bosses Can Choose Not to Hire Unattractive Candidates
July 14, 2011

Avoid Internet Burn: Think First
June 24, 2011

Newsletter Articles
Monitoring Employees: How Far Can You Go?
January 2, 2015

E-Cigarettes Light Up Controversy Among Employers
May 5, 2014

Stretching The Limits On Flexible Work Arrangements
October 1, 2012


Post-Election Hang Over? An Employer's Guide to Managing the Next Wave of Regulations
April 12, 2013

America's Safest Companies Conference - Chicago, IL
September 12, 2012

Packing Heat ... And Keeping the Peace - Dallas, TX
November 30, 2011

Sure-Fire Strategies for Improving Workplace Safety - Dallas, TX
April 12, 2011

Speaker and Author: “Squeaky Clean Investigations and Terminations” presented at HR Southwest, Fort Worth, Texas, October 15, 2012.

Speaker: “BYOD Policy: What is It and Why You Might Need One?” Podcast by Employee Benefit News, September 17, 2012.

ProgramModerator, Speaker and Author for multi-disciplinary presentation by Fisher & Phillips, LLP entitled “One Day, Many Solutions”, including “The Changing NLRB and its Effect on Non-Union and Union Employers”, April 28, 2011 (Dallas).

Live interview with News Anchor Heather Hays on KDFW Fox 4 News regarding legal implications for employers who take disciplinary action against employees for misusing social media, March 16, 2011 (Dallas).

Reported CasesRepresentative Work; Unanimous Federal Jury Rejects Claim for Unpaid Wages by Former Dallas County Hospital District Nurse Under Fair Labor Standards Act; Federal Court in Dallas Denies Class Action Status for Claim of Unpaid Wages to Nurses; Reported Cases; Lazer Spot, Inc. v. Hiring Partners, Inc., 387 S.W.3d 40 (Tex. App. Texarkana, 2012); Valcho v. Dallas County Hospital District., 658 F. Supp. 2d 802 (N.D. Tex. 2009); Valcho v. Dallas County Hospital District, 574 F.Supp.2d 618 (N.D. Tex. 2008); Farone v. Bag'n Baggage, 165 S.W.3d 795 (Tex.App. 2005); Ray v. Glidden Co., 85 F.3d 227 (5th Cir. 1996); Swearingen v. Owens-Corning Fiberglas Corp., 968 F.2d 559 (5th Cir. 1992)

Documents by this lawyer on Martindale.com

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Monitoring Employees: How Far Can You Go?
Michael V. Abcarian, February 6, 2015
As shifting privacy lines allow employers to reach further and further into employee conduct, it’s increasingly important that you know the legal limits. Many employees will question the legality of increased employer monitoring of offsite conduct, especially when employees are off-duty.

E-Cigarettes Light Up Controversy Among Employers
Michael V. Abcarian, May 8, 2014
First marketed internationally in 2002, battery-powered e-cigarettes are exploding stateside and may soon shake up many employers who need to decide whether or not to allow e-cigarettes in the workplace. Sales in the United States of the more than 200 types of e-cigarettes currently available are...

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Office Information

Michael V. Abcarian

500 North Akard Street
DallasTX 75201


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