Overview
Mike Kun defends employers in high-stakes wage and hour, breach of contract, discrimination, and harassment cases. He has litigated more than 160 wage and hour class and collective actions in California, New York, Georgia, Maryland, and Pennsylvania. Clients credit Mike’s ability to identify issues early.
He develops creative strategies to dispose of claims and drastically reduce their litigation exposure—and he does it efficiently to help them save money. By focusing on the unique issues in each case, he regularly defeats class certification motions or obtains dismissal of proposed class claims.
Mike’s creative approach is highly effective when defending employers in class and collective actions, as well as in single-plaintiff cases. He’s taken more than a dozen single- or multi-plaintiff cases to trial, defending claims of discrimination, retaliation, harassment, breach of contract, and defamation. He draws on his litigation experience to help his clients avoid costly mistakes in their pay practices, employment agreements, arbitration agreements, and restrictive covenants.
Mike is co-chair of Epstein Becker Green’s Wage and Hour practice group, co-creator of the firm’s Wage & Hour Guide for Employers app, and co-editor of, and a contributing writer to, the firm’s Wage and Hour Defense Blog.
Outside of his legal practice, Mike has published 10 books. His novel You Poor Monster was nominated for the Pulitzer Prize. His novel The Locklear Letters was adapted for a movie entitled “Eat Wheaties!” that was released in 2021. He also co-authored We Are Still Tornadoes, which was adapted into a play and is being developed for a television series.
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Experience
- Defeated class certification on claims that a national insurance company was the “joint employer” of its vendors’ property inspectors, did not pay for all time worked, denied them meal and rest periods, and provided inaccurate wage statements. After developing a creative strategy to show the plaintiffs could not establish the elements for class certification, Mike was able to reduce the case to just four plaintiffs and obtain an award of summary judgment as to those four individuals.
- Defeated class certification of claims brought against an ambulance industry client claiming it did not provide adequate meal and rest breaks to paramedics. Mike convinced the court to strike Private Attorneys General Act representative claims as unmanageable, and then persuaded the court of appeal to dismiss the plaintiff's appeal of those rulings.
- Defeated class certification of claims for unpaid wages, missed meal and rest periods, and inaccurate wage statements brought against a residential housing industry client. By showing the plaintiff could not establish the elements of class certification, Mike reduced the matter to a single-plaintiff case, which he then convinced plaintiff to dismiss voluntarily.
- Obtained summary judgment in a class action brought against a temporary staffing company where the plaintiff claimed the temporary staffing company was vicariously liable for alleged wage and hour violations of its client. Mike’s creative arguments were upheld on appeal, establishing a precedent in California that alleged “joint employers” are not liable for each other’s alleged wage and hour violations.
- Convinced a federal judge to deny the plaintiff’s motion for class certification on claims that a staffing company did not timely pay final wages to more than 1,000 terminated employees in California.
Recognition
- Chambers USA: America’s Leading Lawyers for Business, California—Labor and Employment (2009, 2012, 2013)
- The Legal 500 United States, Labor and Employment Disputes (Including Collective Actions): Defense (2012, 2013, 2017 to 2023)
- The National Law Review, "Go-To Thought Leader," Employment Law (2019)
- Southern California Super Lawyers, Employment & Labor: Employer and Class Action/Mass Torts: Defense (2006 to 2020)
Credentials
Education
- University of Virginia School of Law (J.D., 1988)
- Johns Hopkins University (B.A., with honors, 1984)
Bar Admissions
- California
- Georgia
- Maryland
Court Admissions
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. District Court, Central District of California
- U.S. District Court, District of Maryland
- U.S. District Court, Eastern District of California
- U.S. District Court, Eastern District of Wisconsin
- U.S. District Court, Northern District of Georgia
- U.S. District Court, Southern District of California
Media
Events
Past Events
Insights
Insights
- BlogsDo the PAGA Amendments Create a Trap for California Employers? Yes. Are They Likely to Reduce the Number of PAGA Actions? No ...11 minute read
- PublicationsElectronic Signatures: The Next Battleground for Employee Arbitration Agreements with Class Action Waivers2 minute read
- BlogsDOL Offering Webinars on Final Overtime Rule2 minute read
- BlogsEpstein Becker Green’s Free Wage-Hour App Includes Updates on New 2024 Laws2 minute read
- Firm AnnouncementsEpstein Becker Green’s Complimentary Wage & Hour App Provides Employers with Updates on Key Laws for 20243 minute read
- BlogsUpdated for 2024: Epstein Becker Green’s Free Wage-Hour App2 minute read
- BlogsThe Enforceability of Employees’ Electronic Signatures Is the Next Battleground for Arbitration Agreements With Class ...6 minute read
- Blogs
California Supreme Court’s Estrada Decision Leaves Employers with a Wide Array of Tools to Attack PAGA Actions – ...
6 minute read - Media CoverageMike Kun Provides Guidance on Independent Contractor Classification—Risks of Misclassifying and How to Evaluate a ...2 minute read
- BlogsA Jeff Foxworthy-Based Test for Independent Contractor Classification6 minute read
- BlogsShould Employers Implement Arbitration Agreements with Class and Collective Action Waivers? The Pros and the Cons ...5 minute read
- BlogsIs It Time to Rethink Your Time-Rounding Practice?5 minute read
- Media CoverageMike Kun Quoted in “Calif. High Court Sparks 'Last Great PAGA Fight'”3 minute read
- BlogsWill 2024 Be the Year California Voters Repeal PAGA?5 minute read
- Blogs
In Adolph, California Supreme Court Holds That Plaintiffs Compelled to Arbitrate Their Individual PAGA Claims Have ...
2 minute read - Firm Announcements
Epstein Becker Green Earns National Recognition and High Rankings in the 2023 Edition of Legal 500
3 minute read - BlogsUpdated for 2023: Epstein Becker Green’s Free Wage-Hour App2 minute read
- BlogsNinth Circuit Holds California Mandatory Employment Arbitration Ban Is Invalid5 minute read
- BlogsEpstein Becker Green’s Free Wage-Hour App Includes 2023 Changes to Federal, State, and Local Laws2 minute read
- Firm AnnouncementsEpstein Becker Green’s Complimentary Wage & Hour App Celebrates 11 Years of Helping Employers Stay Compliant3 minute read
- BlogsTime Is Money: A Quick Wage-Hour Tip on … New State and Local Minimum Wage Rates Go Into Effect On January 1, 2023 ...6 minute read
- Media CoverageMike Kun Quoted in “Distinctions Among Class, Collective and Representative Actions Make a Difference”3 minute read
- Media CoverageMike Kun Quoted in “How to Respond to Class Actions”4 minute read
- Media CoverageMike Kun Quoted in “Trial Lawyers Vow to Take Sotomayor’s Advice to Get PAGA Fix at Legislature, State Justices” ...2 minute read
- Media CoverageMike Kun Quoted in “Supreme Court Ruling Strikes Blow to Controversial California Employment Law”1 minute read
- Blogs
U.S. Supreme Court’s Viking River Cruises Decision Is a Significant Victory for California Employers – at Least for Now ...
4 minute read - Firm Announcements
2022 Edition of The Legal 500 Recognizes Epstein Becker Green with High Rankings in Health Care and Workforce Management ...
3 minute read - BlogsThe Pros – and Cons – of Arbitration Agreements with Class Action Waivers5 minute read
- Media CoverageMike Kun Quoted in “U.S. Supreme Court Appears Ready to Overturn California’s PAGA Law”1 minute read
- BlogsDid the Supreme Court Oral Argument on Viking River Cruises Signal a Coming Sea Change for California Employment Law ...4 minute read
- Media CoverageEpstein Becker Green Finds Success with Client-Facing Wage & Hour and Telemental Health Laws Apps3 minute read
- BlogsEpstein Becker Green’s Free Wage-Hour App Includes 2022 Changes to Federal, State, and Local Laws2 minute read
- Firm AnnouncementsEpstein Becker Green’s Wage & Hour App Celebrates a Decade of Helping Employers Stay Compliant3 minute read
- BlogsUpdated for 2022: Epstein Becker Green’s Free Wage-Hour App2 minute read
- BlogsA Very Simple Proposal to Tweak the FLSA to Benefit Both Employees and Employers8 minute read
- Media CoverageToday’s General Counsel Features Epstein Becker Green Insight on Epic Systems: "'Sigh Of Relief' as Supreme Court Takes Up ...2 minute read
- Media Coverage
Epstein Becker Green Insight on Minimum Wage and Exempt Salary Thresholds Showcased in LexBlog’s “Best of Law ...
2 minute read - BlogsWill 2022 Be the Year California Voters Repeal PAGA?5 minute read
- BlogsTime Is Money: A Quick Wage-Hour Tip on … Did You Remember to Make Necessary Changes to Comply with New 2022 State and Local ...8 minute read
- BlogsRinging in the New Year with Minimum Wage Increases and Revised Exempt Salary Thresholds10 minute read
- Blogs
Supreme Court Set to Decide Whether Epic Systems Extends to PAGA Representative Claims
4 minute read - BlogsNinth Circuit Decision Holds That California Law Addressing Mandatory Arbitration Agreements May Go Into Effect ...3 minute read
- BlogsCalifornia Appellate Decision Recognizing Manageability Requirements for PAGA Actions May Provide Much Needed Relief to ...4 minute read
- BlogsCalifornia Court of Appeal Reaches Perplexing Conclusion That Even Employees Whose Claims Are Time-Barred Can Still Bring ...2 minute read
- BlogsCalifornia Employers Will Need to Change How They Calculate Meal and Rest Period Premiums Following California Supreme ...3 minute read
- BlogsCalifornia Court of Appeal Approves Use of Rate-In-Effect Overtime Calculation Method Where It Benefited Employees ...3 minute read
- Firm Announcements
Epstein Becker Green Receives High Rankings for Health Care and Workforce Management Practices in 2021 Edition of The Legal ...
3 minute read - Media CoverageMike Kun Quoted in “Is Joint-Employer ABC Test the Next Big Thing?”2 minute read
- Media CoverageMike Kun Profiled in "A Wage-Hour Attorney's Novel-Writing Side Gig Goes Hollywood"3 minute read
- BlogsWhy Not Just Make Everybody Hourly?10 minute read