Michael D. McKnight

Since joining the firm after graduating from law school, Michael has spent his career working with clients on a wide variety of matters including the following:

• Advising clients on workplace safety and health matters and compliance with the Occupational Safety and Health Act (“OSHA”), working with clients to investigate and respond to workplace accidents, injuries, and fatalities, and representing clients in proceedings challenging OSHA citations and penalties before state and federal Occupational Safety and Health Review Commissions.
• Drafting and enforcing employment contracts, including non-compete and non-solicitation agreements, to protect employer’s confidential information, trade secrets, and intellectual property. Evaluating and defending businesses and individuals against claims for breach of non-compete and non-solicitation agreements and for violations of trade secrets laws brought by competitors.

• Working with clients to avoid and defeat class and collective action claims under the federal Fair Labor Standards Act (“FLSA”) and North Carolina Wage and Hour Act.
• Advising clients on compliance with applicable state and federal employment laws, including providing appropriate accommodations and leave for employees with medical issues or impairments that impact their ability to perform their job functions.
• Working with clients to assess risk and identify options for reaching early-stage resolution of employment disputes and governmental investigations to limit exposure and avoid diversion of business resources to unnecessary or prolonged litigation.
• Defending employers, individuals, and business owners in litigation and government investigations involving claims for discrimination, harassment, and retaliation under Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 1981 (“Section 1981”), the Americans with Disabilities Act (“ADA”), the Age Discrimination in Employment Act (“ADEA”), the Family Medical Leave Act (“FMLA”), and the North Carolina Retaliatory Employment Discrimination Act (“REDA”).
• Responding to and resolving charges and complaints involving discrimination and retaliation filed with the United States Equal Employment Opportunity Commission (“EEOC”), the North Carolina Department of Labor (“NCDOL”), and United States Department of Labor (“USDOL”).
• Defending union employers in labor arbitration proceedings involving interpretations of collective bargaining agreements and claims alleging discipline or discharge without good cause.
• Representing employers in complex unemployment benefits audits and matters involving novel and unique interpretations of state and federal unemployment benefits laws.
• Defending clients against state law tort claims including lawsuits involving assault, battery, wiretapping, wrongful discharge, defamation, conversion, unjust enrichment, fraud, blacklisting, breach of contract, intentional and negligent infliction of emotional distress, and tortious interference with business and contractual relations claims.

Education

• J.D., Campbell University School of Law, 2007
• B.A., Journalism and Mass Communication (Concentration in Public Relations), University of North Carolina at Chapel Hill, 2004
• B.A., Public Policy Analysis, University of North Carolina at Chapel Hill, 2004

Admission to Practice

• U.S. Supreme Court
• North Carolina
• U.S. Court of Appeals, Fourth Circuit
• U.S. District Court, Eastern, Middle and Western Districts of North Carolina

• North Carolina Bar Association (Labor and Employment Law Section Council Member)
• Wake County Bar Association

• Workplace Safety Symposium – “Innovative Informal Conference Strategies: Maximizing the Opportunity for Early Case Resolution” – Austin – December 7, 2023
• Workplace Safety Symposium – “Recordkeeping and Documentation: A Strong Foundation for Workplace Safety” – Tampa – December 7, 2022
• Ogletree Deakins Webinar – “OSHA Hour: Respirators, Face Masks, and Face Coverings: What Are the Differences and What Are Employers Legal Obligations?” – May 21, 2020
• Ogletree Deakins Webinar – “COVID-19 Update for North Carolina Employers” – May 6, 2020
• Workplace Safety Symposium – “OSHA’s Use and Misuse of the General Duty Clause: How to Avoid and Combat Citations” – New Orleans – December 5, 2019
• Ogletree Deakins Workplace Safety Symposium – “OSHA 101: A Primer” – Nashville – December 5, 2018
• Association of Corporate Counsel Lunch-and-Learn – “New Year, New Rules – What to Watch Out for in 2017” – Greensboro – April 12, 2017
• Capital Associated Industries – “Winning Unemployment Claims” – Raleigh – May 2011
• Capital Associated Industries (teleconference) – “Can I Ask That? Avoiding Liability-Creating Pitfalls in the Hiring Process” – October 14, 2010

• October 4, 2023 – SHRM Online – “North Carolina Changes Occupational Safety Rules and Bars Local Wage Payment Laws”

• May 11, 2020 – Midlands Biz – “SC Chamber of Commerce: Three Things to Know”

• Chambers USA Leading Lawyer
• Recognized in The Best Lawyers in America®
  • Employment Law – Management (2022-2025)
  • Litigation – Labor and Employment (2022-2025)
• Business North Carolina Legal Elite* (2015-present)
• North Carolina Super Lawyers Rising Star* (2012-present)
• Yellow Belt certified in Legal Lean Sigma
• Editor-in-Chief, Campbell Law Review (2006-07)

*Disclaimer:

Please follow the link provided for information on the standards for admission to this group, organization, or publication. This group, organization, or publication does not have a financial interest in promoting any particular lawyer. There is no fee charged for membership in this group, organization, or publication.