Michael D. Billok

When employers are faced with a charge or lawsuit alleging a violation of employment law, or want to make sure they are in compliance with the latest legal requirements, they turn to Mike.

Mike regularly represents employers in state and federal court, defending against actions alleging violations of employment laws such as the Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Title VII of the Civil Rights Act, including class actions, as well as collective and class actions under the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL).

Counseling clients in a wide range of industries—including manufacturing, retail, healthcare and nonprofit organizations—Mike provides advice and training on all aspects of the employment relationship. He is also a member of the Wage & Hour Defense Institute, a national network of wage and hour defense litigators.

He has successfully represented employers before:

• The Equal Employment Opportunity Commission (EEOC) in several states, obtaining dismissals of charges alleging harassment, discrimination, and retaliation.
• The Occupational Safety and Health Administration (OSHA), during both inspections and the post-inspection citation process, as well as state agencies that operate their own OSHA-compliant programs, including several high-profile matters.
• New York State agencies, including the New York State Division of Human Rights, the New York State Industrial Board of Appeals, and the New York State Unemployment Insurance Appeal Board.
• Arbitrators from the American Arbitration Association (AAA) and Federal Mediation and Conciliation Service (FMCS) concerning labor and contract issues.

Representative Labor and Employment Cases:

• Whiteside v. Hover-Davis, 995 F.3d 315 (2d Cir. 2021). Mike obtained early dismissal in an FLSA case brought by a plaintiff against his former employer. The employee appealed to the Second Circuit. Mike successfully argued in favor of the court affirming the dismissal, and establishing law in the circuit on an issue of first impression: that a plaintiff must satisfy the Twombly/Iqbal plausible-pleading standard when alleging willfulness in an FLSA action in order for the three-year statute of limitations to apply.
• Kinnin v. Skidmore College, 2023 WL 4072838 (2d Cir. 2023). Mike obtained summary judgment in a case of a former employee claiming gender discrimination and retaliation. When the employee appealed, Mike successfully argued in favor of the court affirming dismissal.
• Dixon v. Dollar Tree Stores, 2023 WL 2388504 (W.D.N.Y. 2023).  Mike obtained dismissal in a case of a former employee who was subject to an arbitration agreement with an opt-out provision she had not followed, but had argued that she was not subject to the agreement because she had not signed it.
• Evans v. Epimed International, 2020 U.S. Dist LEXIS 84931 (N.D.N.Y. May 14, 2020).  Mike successfully obtained early dismissal of a case brought by a former employee alleging discrimination.
• Yaghi v. Pioneer Bank, 2018 U.S. Dist. LEXIS 173171 (N.D.N.Y. Oct. 9, 2018).  Mike obtained summary judgment for the client in the case of a former employee alleging Family and Medical Leave retaliation and national origin discrimination.
• Nielsen v. Pioneer Bank, 2018 U.S. Dist. LEXIS 167060 (N.D.N.Y. Sept. 28, 2018).  Mike obtained summary judgment for the client in the case of a former employee alleging gender and age discrimination.
• Colon v. Sabic Innovative Plastics US, LLC, 2017 U.S. Dist. LEXIS 129223 (N.D.N.Y. Aug. 15, 2017). Mike obtained summary judgment for the client in the case of a former employee alleging pregnancy discrimination and retaliation.
• Savoie v. Genpak, 2014 U.S. Dist. LEXIS 168691 (D. Minn. Dec. 15, 2014). After removing the case to federal court, Mike obtained summary judgment for the client in the case of a former employee claiming age discrimination and retaliation.
• Dipigney v. AutoZoners, 2014 DNH 214 (D.N.H. 2014). After removing the case to federal court, Mike obtained summary judgment for the client in the case of a former employee alleging national origin discrimination under state and federal law.
• Joiner v. MVP Service Corp., 2014 U.S. Dist. LEXIS 36275 (W.D.N.Y. Mar. 19, 2014). Obtained summary judgment for the employer in a case where a former employee alleged hostile work environment, harassment and discrimination based on her race and gender, and alleged retaliation based on her previous filing of an EEOC charge.
• A wage and hour collective and class action initially brought against a nationwide client on a nationwide basis that was significantly narrowed in scope and size over the course and discovery, and ultimately resolved via court-approved settlement.
• A wage and hour collective and class action brought against a hospital by current and former employees alleging time worked during meal periods, which was ultimately resolved via court approved settlement.

Mike is a 1996 graduate of the United States Naval Academy, and was a submarine officer in the United States Navy until 2004. He served onboard the USS NEVADA (SSBN 733) based out of Bangor, Washington; instructed students at the Naval Nuclear Power Training Unit in Ballston Spa, New York; and was the Submarine Manpower Analyst for the office of the Chief of Naval Personnel in Washington, D.C.  Before returning to upstate New York and joining Bond, Mike was an attorney at the Washington, D.C. office of a multinational law firm.