Gary S. Fealk

Specialization

• Labor & Employment Law

About Gary's Practice

Gary Fealk practices in all areas of labor and employment litigation on behalf of private and public sector employers.

He has particular expertise in union/management relations including collective bargaining, labor arbitrations, administrative proceedings before the National Labor Relations Board (NLRB) and the Michigan Employment Relations Commission (MERC) and in multi-employer benefit fund collection actions. He has extensive experience defending discrimination, retaliation and harassment claims in state and federal courts and before the Michigan Department of Civil Rights (MDCR) and the Equal Employment Opportunity Commission (EEOC). He also represents employers in cases involving non-competition agreements, the Family Medical Leave Act (FMLA), and the Fair Labor Standards Act (FLSA).

Before joining Bodman in September 2019, Mr. Fealk was a shareholder in a highly regarded southeast Michigan-based labor and employment boutique law firm where he represented management exclusively in a broad range of labor and employment matters.

Mr. Fealk has been listed in Michigan Super Lawyers since 2015 under Employment & Labor. He is a member of the American Employment Law Council and has been selected by his peers as a Fellow of the College of Labor and Employment Lawyers since 2018. He is a member of the State Bar of Michigan (Labor and Employment Section), the Oakland County Bar Association (Labor and Employment Section), the American Bar Association, and the Federal Bar Association-Eastern District of Michigan Chapter.

He is a frequent author and presenter to professional and employer groups and previously served as co-editor of the Michigan Employment Law Letter from 2015-2019.

Education

• University of Michigan Law School (J.D., cum laude, 1995)
• Michigan State University (M.L.I.R., Master of Labor & Industrial Relations, 1990)
• Michigan State University (B.S., 1988)

Major Publications & Speaking Engagements

• Co-Editor, Michigan Employment Law Letter
• Contributing Editor, Great Lakes Employment Law Letter
• Quoted, "Call for End to Captive Audience Meetings Signals More Change Ahead at NLRB," HR Daily Advisor, April 8, 2022
• Co-Author, "ADA May Protect Workers with COVID-19, New EEOC Guidance Says," HR Daily Advisor, December 16, 2021
• Quoted, "Employers on Alert as They Assess Threat of Omicron Variant," HR Daily Advisor, December 2, 2021
• Co-Author, "6th Circuit offers guidance on reasonableness of investigations, remedial measures," Michigan Employment Law Letter, September 2021, and HR Daily Advisor, September 17, 2021
• Quoted, "Union Defeat at Amazon Sparks the Question: What's Next?" HR Daily Advisor, April 12, 2021
• Quoted, "Expect Labor Policies to Be More Employee-Friendly Under Biden," HR Daily Advisor, November 16, 2020
• Quoted, "Businesses Beginning to Reopen, But Not All Workers Ready to Go Back," HR Daily Advisor, May 4, 2020
• Quoted, "Employers Exploring Paid Sick Leave Options as Coronavirus Spreads," HR Daily Advisor, March 12, 2020
• Quoted, "Training: One Way to Tackle Weight Discrimination at Work," Diversity Insight, February 14, 2020
• Author, "Michigan paid sick leave law goes into effect March 29," Michigan Employment Law Letter, February 2019, and HR Daily Advisor, March 19, 2019
• Quoted, "Voters in 4 States Weigh in on Medical, Recreational Marijuana," HR Daily Advisor, November 8, 2018
• Author, "Summer is on its way--time to review unpaid intern, youth hiring rules," Michigan Employment Law Letter, May 2018, and Recruiting Daily Advisor, June 14, 2018
• Quoted, "NLRB Chair Says Rule Defining Joint Employment on the Way," HR Daily Advisor, June 11, 2018.
• Quoted, "DOL Reported Mulling Easing Rules on Teens in Hazardous Jobs," HR Daily Advisor, May 10, 2018
• Author, "Fair Credit Reporting Act--employment law basics," Michigan Employment Law Letter, March 2018, and HR Daily Advisor, April 19, 2018
• Author, "Gambling on independent contractor status? Stack the deck in your favor," Michigan Employment Law Letter, July 2017, and HR Hero Line, August 23, 2017
• Quoted, "Workplace policies: Recognizing the good, the bad, and the ugly," HR Hero Line, January 21, 2015
• Author, "Don't skip on preservation when arbitrating with a union," Michigan Employment Law Letter, May 2014, and HR Hero Line, July 4, 2014
• Author, "NLRA covers nonunion employers, too," Michigan Employment Law Letter, November 2013, and HR Hero Line, December 4, 2013
• Author, "Preserving documentation in case of a lawsuit," Michigan Employment Law Letter, September 2013, and Technology for HR Blog, September 4, 2013
• Quoted, "Properly Preserving Electronic Records," Technology for HR Blog, July 29, 2011
• Presenter: "Document, Document: Easy and Effective Ways to Master This Crucial HR Activity", An Interactive HRhero Audio Conference, various dates in 2011
• Presenter: "Employment Handbooks: Effectively Managing Risk", An Interactive HRhero Audio Conference, various dates in 2010 and 2011
• Presenter: "Collective Bargaining in Challenging Times", Michigan College & University Professional Association for Human Resources Conference, 2009
• Author, "Downsizing: Plan ahead to avoid trouble," Michigan Employment Law Letter, September 2008, and HR Hero Line, November 14, 2008
• Presenter: "Complying with the FLSA", Michigan College & University Professional Association for Human Resources Conference, 2008
• Presenter: "Weathering Tough Economic Times: Strategies for HR": An Interactive HRhero Audio Conference, April 2008
• Presenter: FLSA Master Class: Employer's Counsel Network, 2007
• Presenter: Sixth Circuit Employment Law Update: American Corporation Counsel Association/Eastern District of Michigan Bar Association
• Guest Lecturer: University of Michigan Law School, Advanced Topics before the NLRB Seminar

Professional Recognition

• American Jurisprudence Award for Criminal Law
• American Jurisprudence Award for Trusts and Estates

Admitted to Practice

• Michigan