Michael B. Mellema joined Parker, Milliken, Clark, O’Hara & Samuelian in 2007 and is a member of the firm’s labor and employment law group, which has been devoted to representing management for more than fifty years.
Michael specializes in litigation, with emphases in labor, employment, fiduciary and class action defense. He has represented and defended businesses, employers, executives, professional firms, trustees, creditors and contractors in areas including wage and hour, wrongful termination, errors and omissions, ERISA, contract, and fiduciary duty disputes. Michael’s practice also includes compliance advising and representation of management in connection with collective bargaining, DOL investigations, DLSE claims, DFEH complaints, and traditional labor disputes.
Representative Matters:
- First chair in writ trial resulting in expulsion of opposing party from partnership; attorney’s fees awarded in full;
- Successfully defended and settled around DOL wage and hour investigation resulting in case closure;
- Prevailed in opposing class certification of wage and hour claims;
- Second chair at trial in defense of fiduciary duty claims; complete defense judgment and all attorney’s fees recovered;
- Early resolution of various class and representative PAGA actions on individual bases at minimal cost;
- Obtained summary judgment on behalf of successor creditors against guarantors, defeating sham guarantee defenses;
- Prevailed on appeal regarding substantial post-trial attorney fee award and subsequently recovered all fees incurred during appeal.
Activities and Affiliations:
Executive Planning Committee, 2016 – Present; President, 2017; VP and Board Member, 2013 – 2016 Orange County Labor and Employment Relations Association
President-Elect, 2016; VP and Board Member, 2013 – 2016
Orange County Labor and Employment Relations Association
Member, Los Angeles County Bar Association; California State Bar Association,
Labor and Employment Section; SAG
Super Lawyers, Rising Star, 2009 and 2010
Speaking Engagements:
Panelist, You’ve Got to Be Kidding Me! New CA Workplace Laws
36th Annual Labor and Employment Law Conference, 2018
Opening Speaker, Plenary
35th Annual Labor and Employment Law Conference, 2017
Panelist, “Dependent” Contractors and the “Gig” Economy
34th Annual Labor and Employment Law Conference, 2016
Management Advocate, Ask the Arbitrators Panel
33rd Annual Labor and Employment Law Conference, 2015
Panelist, Should You Arbitrate or Litigate, Be Careful What You Wish For,
OCLERA Meeting/CLE, 2014
Panelist,California Employment Law Update i>
31st Annual Labor and Employment Law Conference, 2013
Panelist, Facebook and Social Media – New Traps for Employers and Employees, New Opportunities for Unions
30th Annual Labor and Employment Law Conference, 2012
Speaker, Wage and Hour Update and Class Action Waivers post-Concepcion,
Torrance Chamber of Commerce, 2012
EDUCATION
• Calvin College B.A. in Philosophy with honors, 2003, Recipient, Presidential Honors Scholarship from 1999-2003, Recipient, Bouwsma Memorial Scholarship for excellence in writing in 2002.
• University of California, Davis School of Law J.D., 2006, Witkin Award for Academic Excellence, Senior Article Editor, Environs, Journal of Environmental Law (2004-2005)