FacultyFaculty/Author Profile
Michael J. Loeb

Michael J. Loeb

JAMS
Employment Mediator/Arbitrator
San Francisco, CA, USA


Michael J. Loeb, Esq. has been a full time neutral for 8 years, and he has arbitrated and mediated employment cases
since 1991. Before that, he was a labor and employment lawyer for more than 30. Mr. Loeb began his career as a staff
attorney for the California Agricultural Labor Relations Board trying unfair labor practice cases. For three decades, he
was a “full service” labor and employment lawyer first at Crosby Heafey Roach & May, Oakland (later merged with Reed
Smith), and then with McCutchen, Doyle, Brown & Enersen, whose labor and employment law department he led before
its merger with Bingham Dana forming Bingham McCutchen in 2002.

In his practice as a neutral, Michael specializes exclusively in employment disputes, both mediating and
arbitrating a wide range of cases. He has mediated and arbitrated discrimination, wrongful termination, sexual
harassment, ERISA and ADA cases. He has a wide range of experience with wage and hour cases as well, including
mediating and arbitrating class actions, collective actions, and individual wage and hour claims.

Representative Matters Include:
Wage and Hour Claims (mediation and arbitration):
  • Numerous wage and hour individual, class action and collective action cases involving the alleged misclassification of employees as exempt or as independent contractors, the failure to provide meal and rest periods, PAGA claims, the  failure to distribute tips and service charges, travel time, and off the clock work. Mr. Loeb has mediated and
    arbitrated class actions involving California, Massachusetts, Florida, and Illinois wage and hour laws and the FLSA
Wrongful Termination (mediation and arbitration):

  • Executive termination cases involving disputes over whether good cause existed for termination, whether restricted
  • stock and stock options vested, and the valuation of stock options
  • Public sector wrongful termination and whistleblower cases
  • Retaliation lawsuits alleging wrongful termination for engaging in protected activity or opposition to unlawful
  • practices
Discrimination Claims (mediation and arbitration): 

  • Age discrimination cases
  • Disability discrimination cases involving alleged wrongful termination, failure to provide reasonable accommodations, and the interplay between workers’ compensation, long-term disability, SSDI, and disability discrimination claims
  • National origin and religious discrimination cases
  • Pregnancy and Family Medical Leave/California Family Rights Act discrimination and interference claims involving termination of employees on leave, the failure to grant leaves, and the failure to reinstate employees following the end of leaves

Sexual Harassment (mediation and arbitration): Individual and multiple plaintiff sexual harassment cases
ERISA (mediation and arbitration):

  • ERISA cases involving alleged breaches of fiduciary duty in the management of trust fund assets
  • ERISA welfare benefit denial cases, primarily involving the denial of long-term disability benefits
Trade secret, non-compete, and non-solicitation disputes (mediation and arbitration)
Honors, Memberships, and Professional Activities:
Recognized as a Northern California Super Lawyer, ADR
Category, San Francisco Magazine, 2005-2009, 2011-2013; State Bar President’s Pro Bono Services Award, State Bar of
California, 1991; President, Alameda County Bar Association, 1993; Founder of its Alternative Dispute Resolution (ADR)
Program; and Chair, ADR Program Executive Committee; Board Member, East Bay Community Law Center, 1991-2013
(Chair, 15 years)

Background and Education: Partner, Bingham McCutchen LLP, 1998-2006; Partner, Crosby Heafey Roach & May, 1976-
1997; Staff Attorney, Agricultural Labor Relations Board, 1976; J.D., University of California, Hastings College of the Law,
1974 (Order of the Coif); B.A., Cornell University, 1969

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