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Michele R. Fisher

Overview

Michele R. Fisher is a managing partner at Nichols Kaster whose practice is primarily dedicated to national wage and hour class and collective action litigation. She has represented tens of thousands of workers seeking to recover overtime pay, minimum wages, and commission payments.  Whether she is litigating a nationwide class action involving thousands of workers or handling an arbitration for one employee, Michele strives each day to fight wage theft and to advocate for fair pay.  As a result, Michele has been instrumental in obtaining millions of dollars in unpaid wages for her clients.  Michele holds leadership positions in several organizations and is a frequent speaker at legal seminars across the country on employee pay issues.

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Biography

Michele has dedicated her career to litigating wage and hour cases in an aggressive, creative, and strategic manner. She is one of the leaders of a practice group that has been described as a "powerhouse" for mass wage and hour litigation and arbitration.  Michele has the experience, resources, and staff to take on any company regardless of size.  She has handled several jury trials and arbitrations in her fight for employee rights, and prides herself on the firm's reputation as a leader in national wage and hour class and collective action litigation.  Michele has litigated hundreds of class and collective actions involving positions such as home health aides, loan officers, retail salespersons, oil and gas workers, assistant managers, field service engineers, call center representatives, exotic dancers, inside sales representatives, restaurant workers, insurance adjusters, property specialists, property managers, installers, service technicians, and road construction laborers.

Michele is a member of the firm's Management Committee charged with the running of the day-to-day operations of the firm.  She is also the Chair of the firm’s Business Development and Marketing Groups, which originate class and collective actions and market the firm.

Michele is active in several organizations. She is the Co-Chair and a faculty member of the Practicing Law Institute’s Wage & Hour Litigation and Compliance conference, the Co-Chair of the ABA Federal Labor Standards Legislation Committee, and the Co-Chair of the ABA Labor and Employment Law Section's Revenue and Partnership Development Committee.  She has also served as the Co-Editor-in-Chief of the ABA Federal Labor Standards Legislation Committee’s Midwinter Report, an editorial board member for BNA’s the Fair Labor Standard Act Treatise, and a chapter editor for BNA’s Wage and Hour Laws: A State-by-State Survey. She has been named to the Best Lawyers, Super Lawyers, Top Women Attorneys, and Rising Star lists repeatedly, is a member of the Top 100 National Trial Lawyers, and Top 10 Wage and Hour Lawyers, and has been named a Lawyer of Distinction.  Michele also volunteers as an attorney for a foster child through the Children's Law Center.

Admissions & Education

  • State Bar of Georgia
  • Minnesota Supreme Court
  • New York Supreme Court
  • Eighth Circuit Court of Appeals
  • Tenth Circuit Court of Appeals
  • U.S. District Court – District of Colorado
  • U.S. District Court – Northern District of Florida
  • U.S. District Court – Northern District of Georgia
  • U.S. District Court – Northern District of Illinois
  • U.S. District Court – Eastern District of Michigan
  • U.S. District Court – District of Minnesota
  • U.S. District Court – Southern District of New York
  • U.S.District Court - Western District of New York
  • U.S. District Court – Western District of Oklahoma
  • U.S. District Court – Western District of Pennsylvania
  • U.S. District Court – Western District of Texas
  • U.S. District Court – Eastern District of Wisconsin
  • U.S. District Court – Western District of Wisconsin
  • J.D. William Mitchell College of Law, 2000
  • B.A. St. Cloud State University, 1997

Speaking Engagements & Publications

  • "Latest Challenges in the Wage & Hour Arena." Practicing Law Institute: Employment Law Institute 2018, New York, NY 2018.
  • ​“Pursuing FLSA and Employment Discrimination Claims in the Wake of Epic Systems.” American Bar Association: Webinar, 2018.
  • "Marketing for Attorneys: Be the Voice for Employees, for Consumers, for You!" Nichols Kaster, PLLP: In-House CLE, Minneapolis, MN 2018.
  • ​"Test Your Wage & Hour IQ: Compliant or Non-Compliant?" Practising Law Institute: Wage & Hour Litigation and Compliance 2018, New York, NY 2018.
  • "Employee Classification." Practising Law Institute: Employment Law Institute 2017, New York, NY 2017.
  • "​Top Ten Things You Need To Know About Litigating Wage & Hour Cases." National Employment Lawyers Association’s Annual Convention, San Antonio, Texas 2017.
  • "Implementing the New 'White Collar' Regulations." Practising Law Institute: Wage & Hour Litigation and Compliance 2017, New York, NY 2017.
  • “Wage and Hour Update.” Practising Law Institute: Employment Law Institute 2016, New York, NY 2016.
  • "The Regulatory Avalance: The Final White Collar Regulations." Plenary Session. Upper Midwest Employment Law Institute, St. Paul, MN 2016.
  • “Litigating/Arbitrating Wage and Hour Cases.” ABA 10th Annual Section of Labor and Employment Law Conference, Chicago, IL 2016.
  • “Settlement of Class and Collective Actions and Attorneys’ Fees and Costs.” Practising Law Institute: Wage & Hour Litigation and Compliance 2016, New York, NY 2016.
  • "Wage and Hour Update." Practising Law Institute: Employment Law Institute, New York, NY, 2015.
  • “FLSA-Emerging Trends, Cases and Analysis in 2015.” Upper Midwest Employment Law Institute, St. Paul, MN, 2015.
  • "Trends in Wage & Hour Filings and Case Law Update." Practising Law Institute: Wage & Hour Litigation and Compliance, New York, NY, 2015.
  • “Fair Labor Standards Act Basics and Wage-Hour Update.” Practising Law Institute: Understanding Employment Law, New York, NY, 2015.
  • Moderator of “Litigating a Hybrid Rule 23 Class and FLSA Collective Action.” ABA Federal Labor Standards Legislation Committee Midwinter Meeting, Puerto Vallarta, Mexico, 2015.
  • "An Update on Misclassification Litigation, Including Joint Employment and Related Issues." ABA 8th Annual Labor and Employment Law Conference, Los Angeles, California, 2014.
  • “FLSA-Emerging Trends, Cases and Analysis.” Upper Midwest Employment Law Institute, St. Paul, MN, 2014.
  • “FLSA Basics/Wage and Hour Update.” Practising Law Institute: Understanding Employment Law 2014, New York, NY, 2014.
  • Moderator of "FLSA: Class Communications and Settlements that Judges Will Tolerate." ABA Section of Labor and Employment Law, Federal Labor Standards Legislation Committee Midwinter Meeting. Miami Beach, FL, 2014.
  • Moderator of "Judges Panel: The Court's View on Wage & Hour Litigation." Practising Law Institute Wage & Hour Litigation and Compliance Challenges 2014, New York City, NY, 2014.
  • Interview Article, "Michele Fisher Describes Impact of Growing Judicial Hostility to Wage-Hour Class Claims and Trend Towards Mass Individual Arbitrations." Bloomberg BNA FLSA Litigation Tracker Litigator Q&A, 2013.
  • “Class and Collective Action Arbitration: an Update." ABA 7th Annual Section of Labor and Employment Law Conference, New Orleans, LA, 2013.
  • “Winning Strategies for Handling Class and Collective Wage and Hour Actions.” National Employment Lawyers Association Annual Conference, the Summit for Workers' Rights, Denver, CO, 2013.
  • “FLSA Basics/Wage and Hour Update.” Practising Law Institute: Understanding Employment Law 2013, New York, NY, 2013.
  • “FLSA-Mass Arbitrations in Wage and Hour Cases.” ABA Section of Labor and Employment Law, Federal Labor Standards Legislation Committee Midwinter Meeting, Los Cabos, Mexico, 2013.
  • “Ethical Issues in Wage and Hour Litigation and Settlement.” Practicing Law Institute’s Managing Wage and Hour Risks Conference, New York, NY, 2013.
  • William Mitchell College of Law Hachey Initiative Face Time Speaker, St. Paul, MN 2012.
  • “Fair Labor Standards Act Cases: Overview and Best Practices.” Maine Employment Lawyers Association, Wayne, ME, 2012.
  • “Factoring in the Latest Developments Regarding Off the Clock, Meal and Rest Breaks, and Tipped Employees into Your Litigation Strategy.” American Conference Institute’s Wage & Hour Claims and Class Actions Forum, San Francisco, CA, 2012.
  • “FLSA Basics/Wage and Hour Update.” Practising Law Institute: Understanding Employment Law 2012, New York, NY, 2012.
  • “Wage and Hour Litigation Part III – Special Issues: Arbitration, Decertification, Settlement.” Practising Law Institute: Managing Wage & Hour Risks 2012: Panel, New York, NY, 2012.
  • “Focus Areas for Claims - the Latest Legal Developments.” Practising Law Institute: Managing Wage & Hour Risks 2012, New York, NY, 2012.
  • “The View from the Plaintiffs' Bar: Adjusting Your Litigations Strategies in Light of New and Innovative Claims.” American Conference Institute, 14th National Forum on Wage & Hour Claims and Class Actions, Miami, FL, 2012.
  • “Maximizing the Value of Your Case.” National Employment Lawyers Association Convention, Securing Wages, Protecting Hours: Representing Workers Under FLSA, Washington, D.C., 2011.
  • “Top Ten Mistakes to Avoid in FLSA Litigation.” American Association for Justice Annual Convention, New York, NY, 2011.
  • “Representing Misclassified and Reclassified Workers.” National Employment Lawyers Association Annual Convention, New Orleans, LA, 2011.
  • “Tips for the Settlement of FLSA Actions.” Ohio Association for Justice Wage & Hour Seminar, Cleveland, OH, 2011.
  • Wage and Hour Law Handbook: Federal and Minnesota, Plaintiff-Side Analysis of Wage-Hour Litigation Issues, Chapter 12, 2011.
  • “The Keys to Final Victory.” Upper Midwest Employment Law Institute, Minneapolis, MN, 2011.
  • “Trial, Appeals and Settlements.” Managing Wage & Hour Risks: Wage and Hour Litigation Part III, Practicing Law Institute, New York City, NY, 2011.
  • “It Ain’t Over ‘Til It’s Over: Unique Ethical and Practical Issues Posed by Settling Wage and Hour Litigation.” American Bar Association Fourth Annual Section of Labor and Employment Law Conference, Chicago, IL, 2010.
  • “Strafford, Wage and Hour Collective and Class Claims: The Continuing Litigation Threat, Pursuing, Defending and Settling FLSA Actions as Costs Skyrocket.” Internet Webinar, 2010.
  • Testified before the Minnesota Senate's Business, Industry and Jobs Committee relating to Senate File 2347, a proposed amendment to the state’s overtime law, 2010.
  • “Managing Wage & Hour Risks: Wage and Hour Claims Today . . . and Tomorrow.” Practicing Law Institute, New York City, NY, 2010.
  • “Managing Wage & Hour Risks: ADR, Structuring Settlements.” Practicing Law Institute, New York City, NY, 2010.
  • “The Financial Crisis: Impact on Government Contracts, WARN Act Cases and Whistleblower Claims Under the Sarbanes-Oxley Act.” American Bar Association, Section of Labor and Employment Law, San Juan, Puerto Rico, 2010.
  • “A Class Action is in Your Future, Developing a Class Action From The Plaintiff's Perspective.” Atlanta Bar Association, Advanced Employment Law Conference, Atlanta, GA, 2009.
  • “Turning the Table on Defendants in FLSA Cases.” National Employment Lawyers Association, Annual Conference, Atlanta, GA, 2008.
  • “Recent Developments Under the WARN Act and EPPA.” American Bar Association, Section of Labor and Employment Law, Jamaica, 2008.
  • “FLSA 101: The Basics.” National Employment Lawyers Association, Representing Workers in Individual and Collective Actions Under the FLSA, New Orleans, LA, 2007.
  • “Recent Developments Under The WARN Act and EPPA.” American Bar Association, Section of Labor and Employment Law, Manzanillo, Mexico, 2007.
  • “Using Medical Records & Experts in Employment Cases.” Hennepin County Bar Association, Minneapolis, MN, 2007.
  • “A Starting Point – Helpful FLSA Cases for Plaintiffs’ Lawyers.” 8th Circuit NELA Conference, IA, 2006.
  • “Ethical Considerations When Investigating and Defending Sexual Harassment Claims: Sexual Harassment - A Plaintiff’s Perspective.” Minneapolis, MN, 2006.
  • “Electronic Discovery-Not Just for Geeks Anymore.” Ramsey County Bar Association, St. Paul, MN, 2005.
  • “Current Status of the FLSA Regulations.” Hennepin County Bar Association, Minneapolis, MN, 2004.
  • “Sex Harassment Investigations.” Hospitality Inc., Minneapolis, MN, 2004.

Titles, Awards, & Memberships

  • Named one of "The Best Lawyers in America", 2019.
  • Named to the Top 10 Wage & Hour Lawyers list, the National Trial Lawyers, 2018-2019.
  • Named to the Top 100 Trial Lawyers list, the National Trial Lawyer, 2016-2019.
  • Named to the Top 100 Lawyers list, the National Advocates, 2018-2019.
  • Named to Lawdragon 500 Leading Plaintiff Employment Lawyers list, 2018.
  • Named to the Top 10% in the USA Employment and Labor Law list, Lawyers of Distinction, 2017-2019.
  • Named Top-Rated Lawyer by Avvo, the American Registry, 2018.
  • ABA Labor & Employment Section, Co-Chair Revenue and Partnership Development Committee, 2018-2019.
  • Attorney for the Children's Law Center of Minnesota, 2016-2018.
  • Named to The Top Women Attorneys in Minnesota List, 2016.
  • Named to the Super Lawyers list, Minnesota Super Lawyers, Minneapolis/St. Paul Magazine, and Twin Cities Business, 2013-2018.
  • Named to the Rising Stars list, Minnesota Super Lawyers, Minneapolis/St. Paul Magazine, and Twin Cities Business, 2005-2012.
  • Practising Law Institute’s Co-Chair and Faculty Member for Wage & Hour Litigation and Compliance, New York, NY, 2011-2019.
  • ABA Fair Labor Standards Legislation Committee, Co-Chair, 2017-2019.
  • ABA Fair Labor Standards Legislation Committee, FLSA Subcommittee Co-Chair, 2013-2016.
  • The Fair Labor Standards Act Treatise & Supplement, ABA Section of Labor and Employment Law, by Ellen C. Kearns, Board of Editors, 2013-2015.
  • ABA Fair Labor Standards Legislation Committee, Midwinter Report Co-Editor-In-Chief, 2013-2016.
  • Wage and Hour Laws: A State-by State Survey, Second Edition, ABA Section of Labor and Employment Law, by Gregory K. McGillivary, Chapter Editor, 2012-2017.
  • The Fair Labor Standards Act Midwinter Report, ABA Section of Labor and Employment Law, Associate Chapter Editor, 2012-2013.
  • The Fair Labor Standards Act Midwinter Report, ABA Section of Labor and Employment Law, Contributing Editor, 2008-2013.
  • ABA Section of Labor and Employment Law, Federal Labor Standards Legislation, WARN Act and Employee Polygraph Protection Act Subcommittee Chairperson, 2006-2009.
  • American Bar Association Member.
  • ABA Federal Labor Standards Legislation Committee Member.
  • Named in “Who’s Who in Employment Lawyers”, Minnesota Law and Politics Magazine.
  • Minnesota State Bar Association Member.
  • New York State Bar Association Member.
  • Georgia State Bar Association Member.
  • Hennepin County Bar Association Member.
  • National Employment Lawyers Association Member.

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