Michael Oliver Eckard

Office Managing Shareholder | Charleston
Shareholder | Atlanta

Michael is a shareholder in the Charleston and Atlanta offices and has been an employment lawyer at Ogletree Deakins his entire legal career. Michael represents companies in labor, employment, restrictive covenant, and wage and hour matters in the healthcare, manufacturing, chemicals, hospitality, transportation and logistics, and retail industries, among others. He regularly advises companies on human resources (HR) and labor policy issues. Michael represents his clients in many types of employment litigation matters, including wrongful termination claims, sexual harassment claims, employment discrimination claims, employment contracts, wage and hour claims, trade secrets, and noncompete agreements. He also represents management in litigation and disputes before the National Labor Relations Board, collective bargaining, arbitration, and other union matters.

Michael’s nationwide litigation and advice practice focuses on protecting corporate clients against claims of discrimination, harassment, and retaliation; claims involving restrictive covenants, unfair competition, and trade secret claims; federal and state wage and hour laws; and claims of defamation, breach of contract, and intentional torts. He has litigated labor and employment-related matters in federal and state courts throughout the United States, including appeals before the Georgia Court of Appeals, Georgia Supreme Court, and the Eleventh Circuit Court of Appeals. His litigation matters include single-plaintiff, multi-plaintiff, and collective action cases, as well as labor and employment arbitrations and administrative proceedings.

Michael serves as a trusted advisor to his clients, regularly providing counsel to corporate executive, legal, and HR leaders on matters such as risk management; labor relations; workforce planning, including workforce growth and reductions in force (RIFs); labor and employment matters pertaining to corporate mergers, divestitures, and other transactions; employee recruiting and hiring practices; employee discipline and termination; wage and hour law compliance; and strategies for preventing and investigating harassment and discrimination claims.

Prior to his legal career, Michael served in the U.S. Army, specializing in Military Intelligence. Michael served in multiple duty stations, including operational tours in Kuwait. Michael is also a licensed pilot and enjoys flying airplanes for recreation.

Michael is a former law clerk for the U.S. Department of Justice – Civil Division, Washington D.C. Michael is also the 2005 recipient of the University of South Carolina Law School’s coveted Knox L. Haynsworth Labor Law Scholarship Award.

More About Michael Oliver Eckard

Experience

Michael focuses on all aspects of labor and employment law. He advises companies on labor and employment policy matters, including serving as primary outside labor and employment counsel to multiple private and publicly traded companies. He regularly defends companies and management against discrimination (race, gender, national origin, disability, and religion), sexual harassment, and retaliation claims before the U.S. Equal Employment Opportunity Commission and before state and federal courts. He has experience representing employers in wage and hour collective actions, multi-party discrimination claims, and administrative actions. He also represents management in union organizing campaigns, collective bargaining negotiations, labor arbitrations, and unfair labor practice and representation hearings. In addition, Michael has significant experience representing companies and individuals in complex restrictive covenant (nonsolicitation, noncompetition, etc.) and trade secret actions, including seeking emergency injunctive relief to protect his clients’ interests.

In addition to cases in which he has negotiated favorable confidential settlement agreements or other favorable resolutions to employment and labor disputes on behalf of his clients, the following are examples of Michael’s representative matters:

Regularly advises national, regional, and local clients on labor policies and disputes, as well as contract negotiations and grievance arbitrations
Represented national and regional clients in labor contract negotiations with various unions, including the International Brotherhood of Teamsters and the United Steel Workers
Represented national and regional clients on workforce restructuring and assisted with strategies for a company-wide reductions-in-force
Obtained summary judgment on numerous occasions in favor of regional and national companies in single-plaintiff and multi-plaintiff discrimination, retaliation, and sexual harassment lawsuits
Obtained temporary restraining orders and injunctions on behalf of multiple regional and national companies in both state and federal courts in non-competition, non-solicitation, non-disclosure, trade secret, and unfair competition cases. The cases have included suits to enforce restrictive covenant obligations. He has also represented high-level managers and employers who are defending against restrictive covenant claims
Obtained emergency temporary restraining orders and injunctions on behalf of multiple clients for workplace violence
Successfully represented multiple clients in discrimination and harassment claims on appeal to the Eleventh Circuit Court of Appeals
Represented multiple national, regional, and local clients claims involving restrictive covenant disputes, misappropriation of trade secrets and computer fraud, along with other tortious conduct

Michael is also a graduate of the National Institute for Trial Advocacy (NITA) trial training program in Boulder, Colorado.

Education & Admission

Professional Activities

Speeches

Ogletree Deakins Webinar – “The Supreme Court’s Enlightenment: Key Takeaways From Groff and Its Impact on Religious Accommodations” – July 21, 2023
Ogletree Deakins Podcast – “Post-Pandemic Religious Accommodation Requests and Objections: The New Workplace Swords and Shields” – June 21, 2022
Workplace Strategies Seminar – “COVID Concerns Continue—Even as the Virus (Hopefully) Wanes” – Phoenix – May 5, 2022
Corporate Labor and Employment Counsel Exclusive – “Trends and Forecasts: What Employers Need to Know Now” – Amelia Island – November 11, 2021
Atlanta Bar Association – “Workplace COVID Vaccine Mandate: What Lawyers Need to Know” – November 4, 2021
Charleston Metro Chamber of Commerce – “Business in Your Backyard: COVID Vaccine and Emergency Temporary Standard” – October 5, 2021
Charleston County Bar’s Lunch & Learn CLE series – “Employment Impacts of the COVID-19 Crisis” – August 24, 2021
Diversity Equity and Inclusion Conference 2021 – “Leading Through a Lens of Diversity, Equity & Inclusion” – July 28, 2021
Workplace Strategies Seminar – “COVID Concerns: Vaccines, Masks, and Return to Work” – Austin – June 25, 2021
Society for Human Resource Management, Central Savannah River Area Chapter Webinar – “Consideration of Mandatory COVID Vaccines for Employees” – February 11, 2021
Association of Corporate Counsel (ACC), South Carolina Chapter Webinar – “EEOC Greenlights Employer COVID-19 Vaccination Programs…But How and When Will Everything Fall Into Place?” – February 9, 2021
Ogletree Deakins Webinar – “EEOC Greenlights Employer COVID-19 Vaccination Programs…But How and When Will Everything Fall Into Place?” – January 19, 2021
BHCOE Webinar – “Best Practices in Setting Up a Vaccination Program at Your ABA Organization” – January 14, 2021
Corporate Labor and Employment Counsel Exclusive – “Pandemic Pandemonium: Multistate Compliance and COVID-19” – November 11, 2020
Ogletree Deakins Managing a Workforce in 2021 – “COVID Testing and Vaccines” – September 18, 2020
APPA Business & Financial Virtual Conference – “Ask the Attorney” – September 15, 2020
Virtual COVID-19 Employment Litigation: Prevention and Defense Strategies – “Avoiding Litigation and Claims With Proper Testing, Screening, and Other Mitigation Measures” – September 10, 2020
Dorchester County Industrial Council – “Doing Business as Usual in Unusual Times” – August 11, 2020
Sustainable Return to Work Strategies Webinar in partnership with BioIQ and Cresa – “Top 3 Issues Addressed in Preparing/Continuing Your Return to the Workplace” – June 10, 2020
Ogletree Deakins Webinar – “Testing and Screening for COVID-19: Compliance and Best Practices for the Workplace” – May 19, 2020
Ogletree Deakins Workplace Strategies Virtual Conference – “Return to Work—Strategies for Success” – May 15, 2020
Charleston Metro Chamber of Commerce Webinar – “Return to Work: A Guide for Getting the Workforce Back Into the Workplace” – May 7, 2020
Greater North Dakota Chamber – “COVID-19 Employer Update: Understanding Potential Workplace Impacts (Part 2)” – April 21, 2020
Greater North Dakota Chamber Webinar – “COVID-19 Employer Update: Understanding Potential Workplace Impacts (Part 1)” – April 17, 2020
Ogletree Deakins Webinar – “Coronavirus (COVID-19) Update for Employers: Planning for the Potential Impact on Your Workplace” – March 5 & 6, 2020
Ogletree Deakins Podcast – “Key Considerations for Employers As the Coronavirus Spreads” – January 28, 2020
Ogletree Deakins Seminar – “Accommodating Religion and Disabilities in the Workplace” – Denver – November 8, 2019
Ogletree Deakins Seminar – “L&E Issues in Transactions” – New York City – October 22, 2019
Ogletree Deakins Seminar – “Employee Privacy Issues” – New York City – October 2019
Ogletree Deakins Webinar – “Going Viral: Addressing Infectious Disease Concerns in the Workplace” – May 8, 2019
Ogletree Deakins Workplace Strategies Seminar – “Staying Power: Retaliation Claims Still Top the Charts After a Decade” – Las Vegas – May 2, 2019
IMA Carolinas Council Spring Conference – “2019 Employment, Benefits, and Executive Compensation Update” – Myrtle Beach – April 26, 2019
Ogletree Deakins Employment Law Briefing – “Going Viral: Addressing Infectious Disease Concerns in the Workplace” – Detroit (Metro) – March 21, 2019
Ogletree Deakins Seminar – “Preventing and Responding to Workplace Violence” – Atlanta – October 26, 2018
ACC Annual Tri-City Employment Law Briefing – “Recent Developments in Non-Compete, Non-Solicitation, Employee Recruiting, & Trade Secrets” – Charleston – September 6, 2018
IMA Carolinas Council Spring Conference – “Employment Law Briefing and Update” – Myrtle Beach – April 26, 2018
Dorchester County Chamber of Commerce – “Employment Law Update” – Summerville – January 10, 2018
ACC Annual Tri-City Employment Law Briefing – “The Three Ps of the 30(b)(6) Deposition: Preparation, Preparation, Preparation” – Charleston – October 26, 2017
Performance Driven Forum – “Making the Tough Call: Real World Ethical Dilemmas for In-House” – Greer – June 22, 2017
Dorchester County Chamber of Commerce – “Employment Law Update” – Summerville – January 2017
ACC Annual Tri-City Employment Law Briefing – “Damned If You Do or If You Don’t? The Latest on Background Checks” – Charleston – December 8, 2016
ACC Annual Tri-City Employment Law Briefing – “Trade Secrets Protection With Teeth: The Defend Trade Secrets Act of 2016” – Charleston – December 8, 2016
Association of Corporate Counsel, South Carolina Chapter – CLE Presentation – “Reel Ethics” – Charleston – June 8, 2016
Ogletree Deakins Workplace Strategies Seminar – “The Buzz on Zika Virus: Navigating the Labor and Employment Issues” – Chicago – May 5, 2016
Ogletree Deakins Webinar – “Executive Webinar: 5 Things Employers Need to Know About Zika Virus” – March 3, 2016
Dorchester County Chamber of Commerce – “Employment Law Developments from 2015” – Summerville – January 2016
Association of Corporate Counsel, South Carolina Chapter – CLE Presentation – “Confidentiality and Non-Disparagement Clauses Under Attack” – Charleston – December 2015
Dorchester County Chamber of Commerce – “Employment Law Developments from 2014” – Summerville – January 7, 2015
Society for Human Resource Management, 2014 South Carolina State Convention – “Guns in the Workplace: Managing Risky Behavior Without Creating Liability” – Myrtle Beach – September 25, 2014
South Carolina Chamber of Commerce – 2014 Greenwood Labor Forum – “Mechanics of a Union Election and New Challenges to Elections and Campaigns” – Greenwood – April 1, 2014
Association of Corporate Counsel, South Carolina Chapter – CLE Presentation – “Who’s Business Is It: Protecting Proprietary Information” – Charleston – February 27, 2014
Dorchester County Chamber of Commerce – “Labor Law Update: It Isn’t Pretty” – Summerville – January 3, 2014

Published Works

Media Quotes

February 5, 2021 – SHRM Online – “Steer Clear of Roadblocks to Mandating or Incentivizing Vaccines”
January 13, 2021 – SHRM Online – “Should Employers Administer COVID-19 Vaccines?”
December 23, 2020 – Bloomberg Law – “By the Numbers: 5 Practices That Could Drive Big Law in 2021”
December 18, 2020 – Law360 – “Firms, Courts Face Worker Vaccine Bind Despite EEOC Guide”
November 6, 2020 – Law360 – “3 Challenges For Holiday Hiring In 2020”
November 6, 2020 – EHS Today – “How to Follow CDC Holiday Party Advice”
September 18, 2020 – Bloomberg Law – “Covid-19 Employer Vaccination Programs Could Be Sought by OSHA”
August 7, 2020 – Bloomberg Law – “States, Localities Filling Federal Void With Virus Safety Rules”
July 17, 2020 – SHRM Online – “CDC Issues Guidance on Testing Employees for COVID-19”
April 28, 2020 – SearchHRSoftware – “HR to see COVID-19 status dashboards, contact tracing apps”
April 23, 2020 – Law360 – “EEOC Gives Employers A Green Light To Test For COVID-19”
February 27, 2020 – AJC – “Georgia employers weigh how coronavirus will affect work routines”
February 24, 2020 – South Carolina Lawyers Weekly – “Coronavirus has lawyers springing to action, too”
February 13, 2020 – SC Biz News – “Employers confronting legal issues surrounding coronavirus”
August 5, 2016 – SHRM Online – “Zika Fears Keep Workers Away from Olympics”
August 3, 2016 – Law.com – “As Zika Infections Rise, Law Firms Follow Ebola Playbook”
April 27, 2016 – SHRM Online – “Summer, Mosquitoes—and the Zika Virus”
February 3, 2016 – SHRM.org – “The Zika Virus: What Employers Should Not Do”
October 30, 2014 – SHRM.org – “Ebola Response: Suspend Unnecessary Travel”
October 20, 2014 – National Law Journal – “Hospitals Sweat Potential Ebola Liability”