Overview

Michael Neary is an employment attorney and commercial litigator who works with businesses to prevent and defend against employee claims. He also litigates commercial disputes such as real estate controversies, business fraud, corporate and partnership dissolutions, and commercial contract claims.

Michael helps his clients comply with employment and labor laws, such as the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), Title VII, and their state and local counterparts.  He routinely defends employers in court and administrative agencies against minimum wage and overtime claims, claims of race, sex, national origin, age, sexual orientation, pregnancy, transgender, and disability discrimination.

Michael also helps his clients avoid litigation through employment counseling and trainings. He trains supervisors and employees on a wide range of topics including preventing workplace harassment, compliance with wage and hour laws, avoiding discrimination claims, and understanding and preventing retaliation claims.

Michael’s clients include private schools, construction companies, developers, community associations, and closely held companies. One client describes Michael as having a “very professional and smart legal mind.” Executives and human resource managers find him the calm in the storm, a reassuring presence amidst the heightened emotions that often accompany employee workplace issues and litigation.

Michael is a Maryland native who attended Gonzaga College High School. He served as the Board Chair of Cornerstone Montgomery, Inc. and is a member of the Catholic Business Network of Montgomery County.  He enjoys coaching his daughters in soccer and basketball.

Education

  • University of Maryland School of Law (J.D., with honors, 2006)
  • Loyola College (B.A. in Political Science, magna cum laude, 2002; Pi Sigma Alpha)

Admissions

  • District of Columbia
  • Maryland
  • Virginia
  • U.S. District Court, District of Maryland
  • U.S. District Court, District of Columbia
  • U.S. Court of Appeals, 4th Circuit
  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the Western District of Virginia

Clerkships

  • Clerkship with the Honorable Katherine D. Savage in the Circuit Court for Montgomery County, Maryland.

Honors and Awards

  • Listed in Best Lawyers in America, Employment Law – Management and Litigation – Labor and Employment (2021-present)
  • Named to Top Attorney List by Bethesda Magazine (2019, 2023)
  • Listed in Super Lawyers Maryland, Employment Litigation: Defense (2020-present)
  • Listed in Super Lawyers Washington, DC, Employment Litigation: Defense (2020-present)
  • Listed as “Rising Star” by Maryland Super Lawyers (2012-2019)
  • Listed as “Rising Star” by Washington, DC Super Lawyers (2013-2019)
  • Named Maryland State Bar Association Fellow (2016)

Community Involvement

  • Cornerstone Montgomery, Inc. (Chairman of the Board, 2016-2018; Board of Directors, 2010-2019; Chair of Governance and Membership Committee, 2014-2016; Secretary, 2014-2015)
  • Greater Bethesda Chamber of Commerce Executive Committee (Counsel to the Board 2023)
  • Catholic Business Network of Montgomery County
  • St. Elizabeth Catholic School Advisory Board (2018-present)

Professional Memberships

  • Maryland State Bar Association (Board of Governors, 2021-2023, 2015-2017; Business Law Section Council, 2016-2020; Labor & Employment Section Council, 2018- present (Chair-Elect, 2024-present; Secretary, 2022-2024); Ethics Committee, 2017-present; Judicial Appointments Committee, 2017-2022)
  • District of Columbia Bar Association
  • American Bar Association
  • Federal Bar Association
  • Bar Association of Montgomery County, Maryland (Commercial Litigation Section Co-chair, 2014-2017)

Practice Areas

Employment/Labor

Lerch Early helps employers throughout the Washington, DC metropolitan area and beyond prevent and defend against workplace claims. Working with our attorneys is like extending the human resources department without hiring additional people.

Litigation

Lerch Early’s litigation team helps businesses, including nonprofits, and individuals resolve disputes throughout the Washington, DC metropolitan area.

Education

Lerch Early helps educational organizations throughout Maryland, DC, and Virginia provide great places to learn and work. We serve preschools, K-12 private schools, and public and private colleges and universities.

News & insights

View All Insights

Representative Matters

  • Overtime defense: Achieved dismissal as a discovery sanction of “off-the-clock” overtime claims filed in the U.S. District Court for the District of Maryland. The 4th Circuit affirmed the dismissal sanction.
  • Discrimination, hostile work environment and retaliation defense: Obtained summary judgment in the U.S. District Court for the District of Maryland in favor of a private development company on claims of race discrimination, hostile work environment, and retaliation. The 4th Circuit affirmed on appeal.
  • Whistleblower defense: Successfully defended an employer in a jury trial against health care whistleblower claims.
  • Class action: Resolved multiple class and collective actions under the FLSA and state counterparts.

Disclaimer: Each case is different and past results do not guarantee similar results in future matters.