Michael N. Westheimer

Michael focuses on helping companies avoid and resolve employment disputes. Based in Constangy's San Francisco office, Michael partners with employers to navigate the complexities of workplace litigation and compliance. With extensive experience handling class actions, single-plaintiff litigation, arbitrations, mediations, and administrative proceedings, Michael is known for resolving high-stakes disputes efficiently and effectively.

Michael has successfully resolved a wide range of workplace disputes, including wrongful termination claims and lawsuits under the California Fair Employment and Housing Act (FEHA), California Family Rights Act (CFRA), California Labor Code and Wage Orders, as well as federal laws such as the Fair Labor Standards Act (FLSA), Americans with Disability Act (ADA), Age Discrimination in Employment Act (ADEA), Title VII of the Civil Rights Act, and the Uniform Trade Secrets Act (UTSA).  He also has a proven track record in handling complex claims for civil penalties under California's Private Attorneys General Act (PAGA), equitable relief under the Unfair Competition Law (UCL), and enforcing arbitration agreements under the Federal Arbitration Act (FAA).

Beyond litigation, Michael helps employers address workplace challenges proactively. Michael advises on the full spectrum of employee issues, including employment agreements and offer letters, employee handbooks and policies, commission and bonus plans, wage/hour compliance, employee classification issues, managing employee performance and misconduct, leaves of absence, reasonable accommodation for employees with disabilities, whistleblower claims, separations, and severance agreements. Michael also assists companies in protecting proprietary information and trade secrets, as well as implementing cost-cutting measures such as layoffs that align with operational goals. 

• California Lawyers Association
  • Labor and Employment Law Section
  • Intellectual Property Law Section
• Bar Association of San Francisco, Labor and Employment Law Section
• Duke University Alumni Admissions Advisory Committee
• Peninsula Hiking Club

“California’s Expanded Non-Compete Ban — SB 699 / AB 1077, and Related Trade Secret / IP Issues,” California Lawyers Association Business Law and IP Law Sections, February 2024

“California IP / Employment Legal Update,” California Lawyers Association Licensing and Technology Transactions Interest Group, December 2022

“Avoiding FLSA Overtime Claims for After-Hours Use of Smartphones and Other Electronic Devices,” Clear Law Institute, January 2018