Michael E. Barnsback
About Michael's Practice
Michael E. Barnsback is a partner in the law firm of O'Hagan Meyer. Mr. Barnsback counsels and represents Virginia employers in all aspects of employment law. He has frequently lectured on and assisted employers with disability accommodation and leave issues under the ADA and FMLA. He is experienced defending employers in Department of Labor wage/hour audits and FLSA individual and collective action overtime cases. He also has significant background representing employers before the EEOC and state/local administrative agencies. He has over twenty years of courtroom experience litigating employment related cases.
His practice also focuses on protecting employers from unfair competition and theft of trade secrets and confidential information, and breaches of fiduciary duties by employees, officers and directors.
Mr. Barnsback has worked extensively with federal government contractors and employers in the healthcare and construction fields.
He is an editor of the Virginia Employment Law Letter, a monthly newsletter published by BLR. Mr. Barnsback also lectures frequently on employment law and human resources issues.
- College of William and Mary, B.A. (Sociology)
- George Mason University, M.A. (Sociology)
- George Mason University, J.D.
Major Publications & Speaking Engagements
- Editor, Virginia Employment Law Letter
- Contributing Editor, Mid-Atlantic Employment Law Letter
- Co-Author, "Don't delay in returning military servicemembers to jobs," Virginia Employment Law Letter, November 2020, and HR Daily Advisor, November 3, 2020
- Quoted, "Rape allegations don't preclude that employee was acting with the scope of employment," Virginia Employment Law Letter, October 2019, and HR Daily Advisor, December 31, 2019
- Author, "Protective order against coworker doesn't protect employee's employment," Virginia Employment Law Letter, July 2017, and HR Daily Advisor, August 29, 2017
- Author, "EEOC issues fair warning to employers in its 2017-21 SEP," Virginia Employment Law Letter, February 2017, and HR Hero Line, March 29, 2017
- Author, "Do as I say, not as I do: SEIU and the 'Fight for $15' campaign," Virginia Employment Law Letter, October 2016, and HR Hero Line, September 21, 2016
- Quoted, "EEOC actions spark employer wrath, scathing report from Senate panel," HR Hero Line, December 5, 2014
- Author, "HR's flu season concerns: absenteeism, presenteeism, vaccinations, and employment law," HR Hero Line, January 10, 2014.
- Quoted, "Common question of the season: Can employees be required to take a flu shot?" HR Hero Line, November 15, 2013
- Chapter Author, “Other Laws That Impact Benefits Plans,” Benefits Compliance: Strategies for Plans, Programs & Policies, 2010-present
- Author/Presenter, "Fundamental Issues in Virginia Human Resources Law," National Business Institute (April 2, 2003)
- Author/Presenter, "Superior Deposition Strategies in Virginia Civil Trial Practice," National Business Institute (September 20, 2002)
- Author/Presenter, "State and Federal Personnel Laws in Virginia," Lorman Educational Services (July 24 and 25, 2002)
- Author/Presenter, "Frequently Asked Questions: Human Resources and Temporary Staffing," Office Systems '97 (February 1997)
- Author/Presenter, "Human Resource Departments Finally Get Some Respect," Office Systems '97 (March 1997)
- Interviewed in "Personal Liability Faces Managers," Smart Workplace Practices (December 1996)
- Author, Presenter, "Americans with Disabilities Act: What You Need to Know Now," The Civil Workplace, Inc. (1996)
- Author/Presenter, "The Federal Family and Medical Leave Act of 1993: What You Need to Know Now," The Civil Workplace, Inc. (1996)
- Author/Presenter, "Sexual Harassment: What You Need to Know Now," The Civil Workplace, Inc. (1996)
- Author/Presenter, "Review of Published District and Appellate Court Opinions," Rule 11: Final Report to the Advisory Committee on Civil Rules of the Judicial Conference of the United States (Federal Judicial Center, 1991)
- Presenter, "Employment Practices Liabilities," Professional Development Series, Human Resources Association-National Capital Area (June 20, 2001)
- Presenter, "Answering Your Questions About The Family And Medical Leave Act," Time Off In Virginia: State And Federal Laws On Employee Leave, Vacations And Holidays, Lorman Education Services (February 7, 2001)
- Presenter, "Title VII Update: Summary of Fourth Circuit Decisions Since Faragher and Burlington July 1998 - July 1999," February Fiesta, Virginia Trial Lawyers Association (February 12, 2000)
- Presenter, "Implementing Progressive Discipline Policies that Improve Employee Performance," Progressive Discipline, Coaching and Termination Law, Council on Education Management (February 9, 2000)
- Presenter, "Sexual Harassment: Primer and Up-date on Current Developments," Annual Employment Law Update, Fairfax Bar Association CLE (May 18, 1999)
- Presenter, "Sex, Good Order and Discipline: Comparing the cultural, social and disciplinary treatment sexual harassment receives in military and civilian work environments," American Bar Association Annual Meeting, Toronto, Ontario (August 1, 1998)
- Presenter, "Federal Civil Post Trial Motions," Post Trial Motions in Federal and Virginia State Courts, Fairfax Bar Association CLE (May 14, 1998)
- Presenter, "Termination Clinic: 'Dynamite or Dud' Assessing Potential Explosive Employment Decisions," Seventh Annual Employment Law Update, Virginia CLE, Richmond, Virginia (March 24, 1998)
- Presenter, "Sex, Good Order and Discipline: Comparing the cultural, social and disciplinary treatment sexual harassment receives in military and civilian work environments," American Bar Association Mid-year Meeting, Nashville, Tennessee (January 31, 1998)
Admitted to Practice
Commonwealth of Virginia; U.S. Court of Appeals, Fourth Circuit