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.
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.
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