Michael Prendergast leads the Labor and Employment Group in the firm's Jacksonville office. Mr. Prendergast represents private and public sector employers in employment litigation in state and federal court and before various administrative agencies. Mr. Prendergast also helps employers resolve employment issues by developing practical solutions that comply with the growing number of laws and regulations that impact the workplace.
Mr. Prendergast has represented employers in several manufacturing, retail and service industries, including construction, transportation, shipyards, paper and paper products, automotive, healthcare, food distribution, grocery and beverage. Mr. Prendergast's experience includes advising employers and litigating claims regarding union avoidance, collective bargaining, arbitration, employment discrimination, sexual and other forms of harassment, disability issues, affirmative action, family and medical leave, minimum wage, overtime and child labor laws, reductions in force (including employee notification requirements), non-compete, confidentiality and trade secret issues, public and private sector whistleblower claims, workplace safety and health, and various work-related constitutional and common law claims.
Mr. Prendergast assists government contractors in preparing and updating affirmative action programs and responding to desk audits conducted by the Office of Federal Contract Compliance Programs. Mr. Prendergast has represented employers in OFCCP investigations and defended employers in OFCCP claims seeking class-wide relief.
Mr. Prendergast provides supervisory training to help employers remain union free and has represented clients in representation and unfair labor practice cases before the National Labor Relations Board and the Florida Public Employee Relations Commission. Mr. Prendergast has represented private and public sector clients in collective bargaining, assisted private sector clients in responding to strikes and strike-related violence, and advised public sector clients regarding the State of Florida’s impasse procedures.
Mr. Prendergast represents employers at OSHA inspections, assists employers in responding to OSHA citations and defends employers in administrative litigation before the Occupational Safety and Heath Review Commission. Mr. Prendergast's OSHA experience includes cases involving workplace fatalities and OSHA's attempt to impose substantial fines and mitigation obligations on employers accused of willful violations.
Mr. Prendergast defends public sector clients facing equal protection, free speech, due process and political patronage claims and has assisted public officials sued in their individual capacities in avoiding liability based on qualified or absolute immunity. Mr. Prendergast has represented public sector employers facing removal from office based on claims of election-related misconduct or other allegations of misfeasance or malfeasance. This has included representation in claims filed with the Florida Commission on Ethics and investigations by the governor’s office and Florida Department of Law Enforcement.
