For over 20 years, Mike Phillips has been defending employers in labor and employment
claims and helping them avoid litigation through sound and practical advice. Mike’s
practice is nationwide. He has represented employers in virtually every state in the
country in cases brought under Title VII of the Civil Rights Act of 1964, the Age
Discrimination in Employment Act, the Americans with Disabilities Act, the Family and
Medical Leave Act, ERISA, and other state and federal employment statutes. These
cases have included many class and collective actions under the Fair Labor Standards Act
and state wage payment laws. Mike also guides employers on their obligations under
federal labor law and collective bargaining agreements and has arbitrated dozens of
grievances, securing many important victories for his clients.
Michael R. Phillips
Partner
T: +1 312 750 8902
F: +1 312 920 6181
[email protected]
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818
PRACTICES
Labor and Employment
Commercial Litigation
Employment Litigation
Human Resources Compliance
Mike is also an experienced commercial litigator. He has represented businesses and
individuals in breach of contract, business tort, professional liability and other business
disputes. He both prosecutes and defends non-compete, trade secret and other restrictive
covenant cases throughout the country. Mike has tried numerous cases to verdict in jury,
non-jury and arbitration settings.
Mike is known for his creativity in resolving disputes and his ability to fight hard for his
clients while maintaining the relationships with the court and opposing counsel necessary
to achieve the most favorable outcome. Through his skillful management of the litigation
process, he has won the trust and confidence of some of America’s largest employers.
Although his practice spans numerous industries, Mike has particular expertise in the
staffing industry, where he has represented staffing companies both large and small, as
well as in the food processing, energy, healthcare, transportation and telecommunications
fields.
ERISA Litigation
Mike has been honored as an Illinois “Super Lawyer” in Labor and Employment law in
each of the past six years and has been asked to participate in Illinois State Bar
Association continuing legal education panels to share his views on key employment law
decisions. He is also the editor of and a frequent contributor to WorkCite,
McGuireWoods’ labor and employment law newsletter.
Class Action
EXPERIENCE
INDUSTRIES
• Successfully resolved hundreds of single plaintiff and multiple plaintiff cases in courts
across the country alleging discrimination, retaliation, harassment or other violations of
state or federal employment laws.
Noncompetes, Trade Secrets and
Employee Fraud
Wage and Hour
Food and Beverage
Healthcare
Energy
• Lead counsel in numerous class and collective actions in multiple states involving
alleged violations of state and federal wage and hour laws. Notable victories include:
• Achieved summary judgment for staffing company in class action lawsuit claiming that
vacation pay program violated California Labor Code.
• Obtained complete dismissal of class action lawsuit involving tens of thousands of
potential class members alleging multiple violations of wage payment laws.
• Defeated multi-million dollar class action claim by long-haul truck drivers alleging that
state law required employer to pay them for all time spent on duty and not driving.
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Michael R. Phillips
• Prevailed at arbitration hearings involving grievances brought under collective
bargaining agreements, including:
• Arbitration award upholding termination of long term employee for inciting violence
on the plant floor.
• Series of awards in several states in favor of meatpacking company holding that
contracting out of various plant functions to vendor did not violate CBAs.
• Arbitration award upholding termination of utility worker for multiple drug test
violations despite long tenure and strong performance record.
• Obtained favorable outcomes in business litigation related to enforcement of
restrictive covenants and other contract and tort disputes, including the following:
• Persuaded Virginia Supreme Court to overturn entry of preliminary injunction in
restrictive covenant case, resulting in complete victory for client and precedent
setting ruling against its litigious competitor.
• Obtained injunction against crop insurance salesperson who attempted to solicit
customers in violation of employment covenants.
• Represented engineering company in 10 year long battle with real estate developer,
obtaining complete recovery of unpaid fees in arbitration and then resolving
professional negligence counterclaims through favorable rulings on pre-trial
motions.
• Achieved trial victory for real estate broker on fraud claims, obtaining not guilty
verdict on all counts of complaint.
• Represented employer before the U.S. Supreme Court in Burlington Industries, Inc.
v. Ellerth, one of the most important employment law decisions in recent history, in
which the Court redefined the law governing employer liability for workplace sexual
harassment.
EDUCATION
• University of Michigan Law School, JD, Associate Editor, Michigan Law Review,
1994
• University of California Berkeley, AB, summa cum laude, Phi Beta Kappa, 1991
ADMISSIONS
• Illinois
• U.S. Supreme Court
• U.S. District Court for the Southern District of Illinois
• U.S. District Court for the Northern District of Illinois
• U.S. District Court for the Central District of Illinois
• U.S. District Court for the Western District of New York
• U.S. District Court for the Northern District of Indiana
• U.S. District Court for the Southern District of Indiana
• U.S. District Court for the Eastern District of Michigan
• U.S. District Court for the Western District of Michigan
• U.S. District Court for the Eastern District of Wisconsin
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Michael R. Phillips
• 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 District of Colorado
• U.S. District Court for the Western District of Tennessee
• U.S. Court of Appeals for the 2nd Circuit
• U.S. Court of Appeals for the 3rd Circuit
• U.S. Court of Appeals for the 5th Circuit
• U.S. Court of Appeals for the 6th Circuit
• U.S. Court of Appeals for the 7th Circuit
• U.S. Court of Appeals for the 9th Circuit
• U.S. Court of Appeals for the 10th Circuit
• U.S. Court of Appeals for the 11th Circuit
HONORS
• Named to "Illinois Super Lawyers," Employment and Labor, Business Litigation,
Super Lawyers, Thomson Reuters, 2005, 2012-2017
PUBLICATIONS
• Author, "Constitutionality of Employer Accessible Child Abuse Registries,"
Michigan Law Review, 1994
The McGuireWoods website provides information of general interest to the public. The website does not offer
legal advice about specific situations or problems. You should consult a McGuireWoods lawyer if you have legal
issues requiring attention. Nothing on this site creates an express or implied contract. McGuireWoods does not
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confidential or any duty to protect your interests. This means that nothing you send us will be kept confidential,
unless we mutually agree that we will keep it confidential. Past legal successes described on this website are not
indicators of future results. The outcome of particular legal matters is dependent upon the facts and law
applicable to the matters.
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