Michelle R. Maslowski

Associate || Indianapolis

Michelle R. Maslowski concentrates her practice in complex employment litigation, defending employers in individual and class and collective action claims under Title VII, the ADEA, the ADA, the FMLA, the FLSA. With significant trial experience, Michelle represents and counsels employers  for their employment and personnel needs in industries including transportation, food processing, manufacturers, staffing companies, retailers, medical providers, financial institutions, and general contractors. Her litigation experience includes cases across several federal jurisdictions, including the Sixth and Seventh Circuits of Appeal and federal district courts in Indiana, Illinois, Kentucky, Ohio, Alabama, Colorado, Florida, and Washington.

Class and Collective Actions

Michelle has defended numerous class and collective actions on behalf of clients across multiple states. She has significant experience with the defense of pay equity, FLSA off-the-clock and misclassification cases, pattern and practice discrimination cases, and Title VII discrimination cases. A few examples of Michelle’s recent successes include:

  • Pre-conditional certification dismissal of collective action claims in off-the-clock case;
  • Dismissal of collective action claim in misclassification case;
  • Summary judgment in favor of food processing company on ADA and FMLA claims;
  • Dismissal of complaint alleging Title VII race discrimination and whistleblower allegations;
  • Sanctions against plaintiff and counsel stemming from discovery violations;
  • Dismissal of Title VII race discrimination claim against food processing plant;
  • Summary judgment in favor of manufacturer on Title VII race discrimination claim.

E-Discovery and Records Retention

As part of her practice in complex litigation, Michelle serves as a supervisory attorney for the Firm’s Document Review Center and is an active member in the Firm’s E-Discovery and Records Retention Practice Group. She is regularly consulted on e-discovery strategy and solutions both in the litigation and compliance contexts. By understanding her clients’ business goals and data retention efforts, Michelle develops clear and consistent strategies to address discovery across the organization, including technological solutions.

In the compliance context, Michelle advises on issues prior to litigation to help reduce costs related to preservation and collection of data.  She provides advice and counsel related to legal holds, data preservation and collection, and record retention issues.

Within active litigation, Michelle provides strategies for scoping of discovery and advice on managing discovery across the company.  She also provides strategy and costing advice for review and production of large-volume electronic discovery in single and multi-jurisdictional actions.  Leveraging technological solutions, Michelle provides cost-effective discovery strategies and solutions to help her clients manage the minefield of e-discovery across the company.

Disability Access

Michelle counsels clients facing multiple challenges presented by Title III of the Americans with Disabilities Act and other disability access laws.  She has defended numerous clients, both in individual and class action matters, regarding public accommodation access for disabled individuals.  In addition to litigation defense, Michelle counsels clients on compliance issues, such as federal building standards, accessibility to public establishments, website accessibility, and reasonable modifications of policies, practices, and procedures.

Pay Equity

As part of her class and collective action work, Michelle has significant experience defending and counseling on pay equity issues.  She advises clients on compensations policies and procedures and pay equity audits.  Michelle strives to counsel clients on proactive measures and best practices to prevent pay discrimination claims.  This includes advice on employment policies and practices that may influence pay, such as hiring practices, job descriptions and structure, and performance reviews.

Michelle’s experience in complex litigation has included defense of clients against allegations of unequal pay under federal and state wage and discrimination laws, both in individual claims and class/collective matters.  Her defense also includes work with statistical analyses of pay data and collaborating with labor economists and statisticians to provide the best possible defense to pay equity claims.

Learn more about Michelle R. Maslowski

Michelle counsels and defends employers on a wide range of employment, labor, and personnel matters. She has significant litigation management experience in both federal and state court, including several trials, arbitrations, and evidentiary hearings. Michelle defends employers in litigation involving individual and class action claims under Title VII, the ADEA, the ADA, the FMLA, the FLSA, and claims involving wage and compensation issues, covenants not to compete, workers compensation, and whistleblower retaliation. She also represents employers at the administrative level, including claims filed with the EEOC, the NLRB, OSHA, and unemployment agencies.

Michelle represents and counsels several industries for their employment and personnel needs, including transportation companies, general contractors, subcontractors, financial institutions, mortgage servicers, credit bureaus, manufacturers, distributors, retailers, medical providers, staffing companies, and property owners. She counsels both domestic and international clients on compliance issues, best practices for litigation avoidance, and how to streamline internal business processes. Michelle also provides advice on employment and personnel issues, such as employment agreements, severance and separation agreements, employee handbooks, and individual employment policies.

Education

Admittance to Practice

Professional Activities

  • Indiana Bar Association
  • Indianapolis Bar Association
  • American Bar Association
  • Seventh Circuit Bar Association
  • Defense Research Institute
  • Indiana State Bar Association, Women in the Law Committee; Written Publications Committee (December 2013 – present)
  • Phoenix Theatre, Board Member (August 2013 – present); Simply da Vine Committee, Chair (July 2012 – present); Simply da Vine Committee Member (August 2011 – July 2012)
  • American Lung Association, Fight for Air Climb, Team Captain (March 2013)

Speeches

Insights by Michelle R. Maslowski