Michael Gallion

Mr. Gallion is a partner in the Labor & Employment Practice Group in the firm's Century City office.

Areas of Practice

Mr. Gallion focuses his practice on defending companies in all aspects of labor and employment law. Mr. Gallion has developed a special expertise in handling class and complex litigation, including nationwide, high-stakes wage and hour and discrimination disputes. Mr. Gallion also represents a broad array of clients in single plaintiff employment litigation and routinely advises clients on the most challenging aspects of employment law, including wage and hour compliance, leave and accommodation issues, issues related to mergers and acquisitions, and reductions in force. Mr. Gallion represents clients in a number of industries, including retail, hospitality, real estate, entertainment, insurance, and healthcare. 

Education

• J.D., University of Tennessee College of Law, 1995, high honors, Order of the Coif, Editor, Tennessee Law Review

Admissions

• California
• U.S. Court of Appeals for the Ninth Circuit
• U.S. District Court for the Central, Eastern, Southern and Northern Districts of California

Recent Representative Wage/Hour Class Actions

• Circle K Stores Overtime Cases, Orange County Superior Court (Orange County Superior, 2003; Coordination Proceeding, 2005) (California class action challenging exempt status of Company convenience store managers).
• Dillon v. UnumProvident Corporation (Los Angeles Superior Court, 2004) (Representative action alleging predatory pricing based on failure pay overtime to certain classes of claims representatives).
• Elliot v. Spherion (572 F.Supp.2d 1169, C.D. Cal., 2006) (Hybrid nationwide FLSA collective action and California class action challenging Company’s pay practices for temporary workers).
• Farmer v. American Restaurant Group, Inc. (Los Angeles Superior Court, 2006) (California class action challenging the Company’s meal and rest break policies).
• Gorey v. Manheim (U.S.D.C., E.D. NY, 2010) (Hybrid FLSA collective New York class action challenging exempt status of the Company's outside sales employees).
• Hernandez v. The YMCA of Orange County (Orange County Superior Court, 2007) (California class action challenging exempt status of certain classes of employees).
• Hogan v. NBC Universal, Inc. (Los Angeles Superior Court, 2007) (California class action challenging the Company’s pay practices, provision of meal periods, and reimbursement of uniform cleaning expenses).
• Janzen v. Miyagi’s Restaurant Corp. (California class action challenging Company's tip pooling and meal and rest break practices).
• King v. UnumProvident Corporation (Los Angeles Superior Court, 2005) (California class action challenging exempt status of certain classes of the Company’s claims representatives).
• Louie v. McCormick & Schmick’s Seafood Restaurants, Inc. (Los Angeles Superior Court, 2006) (California class action challenging the Company’s tip pooling practices).
• Maple v. Manheim (Los Angeles Superior Court, 2011) (California class action challenging exempt status of the Company's outside sales employees).
• Martinez v. [National Retailer] (San Bernardino Superior Court 2011) (California class action challenging Company's seating provisions, overtime pay practices and meal and rest period provisions).
• Martinez v. Unum Group (Los Angeles Superior Court, 2008) (California class action challenging the Company’s overtime pay practices and provisions of rest and meal periods).
• McClellan v. SFN (U.S.D.C., Cal., 2010) (California Class action challenging the exempt status of the Company's Branch Managers).
• Montecito v. DHL (Los Angeles Superior Court, 2006) (California class action challenging the manner in which the Company pays its temporary workforce).
• Montecito v. Spherion (U.S.D.C., C.D. Cal., 2006) (California class action challenging the manner in which the Company pays its temporary workforce).
• Morales v. TBI Airport Management, Inc.  (Los Angeles Superior Court, 2004) (California class action challenging the Company’s pay and compensable time practices).
• Perez v. Yoshinoya (Orange County Superior Court, 2002) (California class action alleging meal and rest break violations).
• Ponce v. Yoshinoya (Los Angeles Superior, Complex Division, 2003) (California class action alleging misclassification of the Company's store managers).
• Riddoch v. McCormick & Schmick's Seafood Restaurants, Inc. (Los Angeles Superior Court, 2009) (California class action challenging Company's overtime pay practices).
• Ruggles v. WellPoint, Inc. (U.S.D.C., N.D. NY, 2008) (Nationwide hybrid FLSA collective action and New York state law class action challenging exempt status of classes of nurses).
• Schaiy v. McCormick & Schmick's Seafood Restaurants, Inc. (U.S.D.C., C.D. Cal., 2008) (Hybrid nationwide FLSA collective action and California class action challenging Company’s overtime pay practices and provisions of rest and meal periods).
• Seaman v. Unum Group (U.S.D.C., N.D. Cal., 2007) (Nationwide hybrid FLSA collective action and California class action challenging  exempt status of the Company’s field investigators).
• Simpson v. E*Trade Securities, Incorporated (U.S.D.C., C.D. Cal. 2007) (California class action challenging the exempt status of certain classifications of financial advisors).
• Stephens v. [Nationwide Retailer] (Los Angeles Superior Court, 2009) (California class action challenging Company's overtime pay practices).
• Walker v. American Restaurant Group, Inc.  (Santa Clara County Superior Court, 2006) (California class action challenging the Company’s tip pooling practices).
• Weatherspoon v. [Nationwide Retailer] (Los Angeles Superior Court, 2010) (California class action challenging Company's overtime pay practices).

Recent Representative Discrimination Class And Mass Actions

• Activities Club v. Yoshinoya (Los Angeles Superior Court, 2003) (Disability discrimination class action).
• DeCarvalho v. McCormick & Schmick’s Seafood Restaurants, Inc. (Alameda County Superior Court, 2005) (Multi-plaintiff race, national original, and sexual orientation discrimination and harassment case).
• EEOC (Lopez Garcia) v. McCormick & Schmick’s Restaurant Corp. (U.S.D.C., S.D. NY (2006) (Pattern and practice race discrimination case).
• EEOC v. McCormick & Schmick’s Seafood Restaurants, Inc. (EEOC, 2007) (Commissioner’s Charge and threatened pattern and practice lawsuit alleging gender and national origin discrimination).
• Lloyd v. McCormick & Schmick’s Seafood Restaurants, Inc. (Alameda County Superior Court, 2006) (Multi-plaintiff race, national origin, sexual orientation discrimination and harassment case).
• Robinson v. McCormick & Schmick’s Restaurant (EEOC, 2007) (Threatened pattern and practice race discrimination case).
• Strong v. Blue Cross of California, et al. (Los Angeles Superior Court, 2007) (California race discrimination class action based on failure to promote theories)
• Wynne v. McCormick & Schmick’s Seafood Restaurants, Inc. (U.S.D.C., N.D. Cal., 2006) (Nationwide race discrimination class action).

Other Representative Cases

• Cole v. WellPoint (Los Angeles Superior Court, 2007) (Disability discrimination, reasonable accommodation – summary judgment granted on all claims).
• Perine v. Arkansas Best Corporation (U.S.D.C., C.D. Cal., 2005) ABS Freight Systems, Inc., 457 F.Supp.2d 1004, C.D.Cal., 2006 (Misclassification of dispatch employee – summary judgment granted on all claims).
• Puckasumsombut v. Yoshinoya West, Inc.  (Los Angles Superior Court, 2003) (Retaliation, breach of contract, harassment – summary judgment granted on all claims).
• Randall v. Unum Group (U.S.D.C., C.D. 2009) (Disability and age discrimination – summary judgment granted on all claims and petition for attorneys fees granted).
• Share v. SCPMG, et. al. (Los Angeles Superior Court, 2003) (Sexual harassment, gender discrimination, retaliation – summary judgment granted on all claims).
• Sorby v. Bell Microproducts, Inc. (San Diego Superior Court, 2001) (Trial on pregnancy and gender discrimination and retaliation claims – prevailed on all claims at trial).

Honors

• Top Labor & Employment Lawyers, Chambers & Partners', 2009, 2010, 2011
• Recognized, Labor and Employment and Labor and Employment Litigation, Legal 500, 2011
• Southern California Super Lawyer

Memberships

• Lavender Law, Member and Panelist, Annual Career Fair and Conference, 2009
• Leadership Committee, LAMBDA Legal
• Diversity and Inclusion Committee, Sheppard Mullin
• Out at Sheppard, Sheppard Mullin
• Former Hiring Partner, Seyfarth Shaw, Los Angeles Office

Articles

• Unprecedented State Law Targets Forced Labor, Daily Journal, November 22, 2011
• Dukes Represents a Triumph of the Defense View of Class Certification, Westlaw Journal, November 1, 2011

• Co-author, "'AT&T Mobility' May Have Big Impact on Employment," The Recorder (May 5, 2011)
• Co-author, "Class Certification And The Underpants Gnomes," Law360 (December 3, 2010)
• Co-author, "9th Circuit: Wage and Hour Class Action Prevails," Society for Human Resource Management (October 22, 2010) 
• Featured, "Sheppard Mullin Grows Labor Core," The Daily Journal (August 18, 2010)
• Featured, "Sheppard Swells Its Ranks," The Recorder (August 18, 2010)
• Featured, "Sheppard Mullin Lures Wage-Hour Pro From Seyfarth," Law360 (July 28, 2010)   
• Co-author, “What Employers Don’t Know May Hurt Them – The Disability Dilemma,” The California Labor Letter (August 1999)
• Co-author, “Automatic Weapon, State Hostile Environment Law Should Be Friendlier to Non Negligent Employers,” Los Angeles Daily Journal, Vol. 111 (July 1998)
• Co-author, “Waiver of the Attorney Client Privilege Via Issue Injection: A Call for Uniformity,” Defense Counsel Journal, Vol. 65 (April 1998)

Speeches

• Co-presenter, "California Transparency in Supply Chain Act," California Grocers' Association Webinar (July 2011)
• Co-presenter, "Avoiding Whistleblower Retaliation Claims," (April 2011)
• Co-presenter, "Coming Out in the Profession: 'But What Will the Clients Think?'” Lavendar Law Annual Career Fair and Conference (2009)
• Co-presenter, "California’s New Wave of Class Actions, Beyond the Exempt Non-Exempt Dilemma," Southern California ACCA Presentations (2004)
• Co-presenter, "California Employment Law’s Thorniest Issues," California Bankers’ Association, Employment Law Update (May 2004)
• Co-presenter, "Overview of Employment Law," International Council for Shopping Centers, Law For Non-lawyers (October 2004)