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Michael Johnston focuses on employment litigation and employment-related internal investigations. Michael is the senior partner in our Labor and Employment Litigation practice, which was recognized by Law360 as one of its Employment Practices of the Year in 2017. With over 40 years of litigation experience, Michael has been lead counsel in over 130 trials and has represented clients in trial and appellate courts nationwide and in the United States Supreme Court. Michael has been rated by Chambers USA in Tier 1 for Labor and Employment Litigation for more than 10 consecutive years, was identified by the National Law Journal in 2019 as a Trailblazer in employment Litigation, named a Litigation Star by Benchmark Litigation in 2021 and 2022 and as a Law360 National MVP for Employment Litigation in 2014.
Michael represents clients in all aspects of employment litigation, with special emphasis on Equal Employment Opportunity Commission systemic discrimination lawsuits and investigations. He has defended complex class action and multi-plaintiff employment cases throughout the U.S.
A former prosecutor, Michael coordinates and directs internal investigations of sexual and racial harassment, alleged violations of the whistleblower retaliation provisions of the False Claims Act, Sarbanes-Oxley and other federal and state employment-related statutes.
In addition, Michael has extensive experience in the litigation of non-competition and non-solicitation agreements, trade secret laws, employment agreements and state tort law.
B.S., United States Air Force Academy, with academic distinction
J.D., University of Florida, high honors, Order of the Coif
LL.M., Georgetown University
Florida
Georgia
State Bar of Georgia, Labor and Employment Law Sections
The Florida Bar, Labor and Employment Law Sections
June 1, 2023
Chambers USA 2023 Recognizes 186 K&S Lawyers and 84 K&S Practice Groups as Leaders in Their Fields
June 1, 2022
Chambers USA 2022 Recognizes 188 K&S Lawyers and 75 K&S Practice Groups as Leaders in Their Fields
Represented the University of Texas Southwestern before the Fifth Circuit and the U.S. Supreme Court in UTSW v. Nassar, in which the Supreme Court held that plaintiffs alleging retaliation under Title VII must prove “but for” rather than the more plaintiff-friendly “contributing factor” causation.
Lead counsel for a major specialty retail chain in a nationwide lawsuit filed by the EEOC alleging a pattern or practice of discriminating against over 50,000 Black and Hispanic applicants for employment in over 70 stores.
Lead counsel for a major insurance company in a nationwide class and collective action alleging discrimination on the basis of race and age in Ohio federal court. The District Court dismissed with prejudice all class and collective action allegations as well as all allegations of disparate impact by the individual plaintiff.
See more
November 10, 2021
Biden Administration Unveils New COVID-19 Vaccination and Testing Requirements for Large Businesses and Healthcare Workers
December 23, 2020
COVID-19: The Do’s and Don’ts of a Mandatory Vaccination Policy
December 23, 2020
COVID-19: The Do’s and Don’ts of a Mandatory Vaccination Policy
June 1, 2023
Chambers USA 2023 Recognizes 186 K&S Lawyers and 84 K&S Practice Groups as Leaders in Their Fields
June 1, 2022
Chambers USA 2022 Recognizes 188 K&S Lawyers and 75 K&S Practice Groups as Leaders in Their Fields
Represented the University of Texas Southwestern before the Fifth Circuit and the U.S. Supreme Court in UTSW v. Nassar, in which the Supreme Court held that plaintiffs alleging retaliation under Title VII must prove “but for” rather than the more plaintiff-friendly “contributing factor” causation.
Lead counsel for a major specialty retail chain in a nationwide lawsuit filed by the EEOC alleging a pattern or practice of discriminating against over 50,000 Black and Hispanic applicants for employment in over 70 stores.
Lead counsel for a major insurance company in a nationwide class and collective action alleging discrimination on the basis of race and age in Ohio federal court. The District Court dismissed with prejudice all class and collective action allegations as well as all allegations of disparate impact by the individual plaintiff.
See more
November 10, 2021
Biden Administration Unveils New COVID-19 Vaccination and Testing Requirements for Large Businesses and Healthcare Workers
December 23, 2020
COVID-19: The Do’s and Don’ts of a Mandatory Vaccination Policy
December 23, 2020
COVID-19: The Do’s and Don’ts of a Mandatory Vaccination Policy
June 1, 2023
Chambers USA 2023 Recognizes 186 K&S Lawyers and 84 K&S Practice Groups as Leaders in Their Fields
June 1, 2022
Chambers USA 2022 Recognizes 188 K&S Lawyers and 75 K&S Practice Groups as Leaders in Their Fields
B.S., United States Air Force Academy, with academic distinction
J.D., University of Florida, high honors, Order of the Coif
LL.M., Georgetown University
Florida
Georgia
State Bar of Georgia, Labor and Employment Law Sections
The Florida Bar, Labor and Employment Law Sections