Michael R. Futterman

Partner

  • Michael R. Futterman
  • Phone: +1 973 424 2082

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  • Duane Morris LLP
    One Riverfront Plaza
    1037 Raymond Boulevard, Suite 1800
    Newark, NJ 07102-5429
    USA
  • Duane Morris LLP
    1540 Broadway
    New York, NY 10036-4086
    USA

Michael R. Futterman concentrates his practice on employment litigation, employment counseling, and complex commercial litigation.  Mr. Futterman defends employers in state and federal courts and before administrative agencies throughout New York and New Jersey in all types of workplace disputes, including discrimination, harassment, retaliation, whistleblower, noncompete and trade-secret matters. He likewise defends employers in wage-and-hour suits before the U.S. Department of Labor on issues including overtime pay violations, misclassification of workers’ exempt or independent contractor status, “off the clock” work and tip theft.

On the counseling side, Mr. Futterman advises management on the vast employment laws affecting businesses, including wage-and-hour compliance, noncompete and trade-secret protection, hiring and termination, policies and procedures, leaves of absence and disability accommodation, and reductions in force. He conducts internal investigations of alleged workplace misconduct, including allegations of harassment and retaliation, provides training to boards, human resources personnel, managers, and employees on a myriad of workplace subjects, and drafts and negotiates employment/independent contractor, noncompete and separation agreements and handbooks.

In addition to his employment litigation and counseling practice, Mr. Futterman also handles complex business litigation matters, including contract, partnership and corporate disputes, real estate and property litigation, business fraud, unfair competition, shareholder and brokerage claims.

Mr. Futterman is on the board of Moms Helping Moms Foundation, a baby supply and diaper bank serving low-income and vulnerable children ages 0-5 who live in New Jersey. He is also on the advisory board of NJ LEEP, a mentoring organization which seeks to empower youth from underserved neighborhoods in northern New Jersey to greater educational achievement.

Mr. Futterman is a 2004 cum laude graduate of the University of Miami School of Law, where he was articles and comments editor of the Inter-American Law Review, and a 2001 graduate of the University of North Carolina, Greensboro where he obtained a degree in Business Administration and a minor in Economics.

Admissions

  • New Jersey
  • New York
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • U.S. Court of Appeals for the Third Circuit

Education

  • University of Miami School of Law, J.D., cum laude, 2004
    - Articles and Comments Editor, Inter-American Law Review
  • University of North Carolina at Greensboro, B.S., Business Administration/Economics, 2001

Experience

  • Duane Morris LLP
    - Partner, 2022-present
  • McCusker, Anselmi, Rosen & Carvelli PC
    - Partner, 2015-2022
    - Associate, 2009-2015
  • Klein Zelman Rothermel, P.C.
    - Associate 2007-2008
  • Kane Kessler, P.C.
    - Associate 2005-2007
  • Epstein Becker Green, P.C.
    - Associate 2004-2005

Professional Activities

  • New Jersey State Bar Association
    - Labor and Employment Law Section
  • New York State Bar Association

  • Association of the Bar of the City of New York
    - Labor and Employment Committee

Honors and Awards

  • Listed in The Best Lawyers in America, Management Side Employment Law, 2021 and 2022

  • Listed in The Best Lawyers in America, Employment Law Issue, 2021 and 2022
  • Listed in New Jersey Super Lawyers, Employment Litigation – Defense, 2018-2022

  • Listed in New Jersey Super Lawyers Rising Stars, Employment Litigation – Defense, 2016-2017

  • Listed in New Jersey Law Journal’s New Leaders of the Bar, 2014

  • AV Preeminent® Peer Review Rated by Martindale-Hubbell®

Civic and Charitable Activities

  • Moms Helping Moms Foundation, Inc.
    - Board of Directors
  • NJ LEEP (Law and Education Empowerment Project)
    - Advisory Board
  • Big Brothers Big Sisters of New York City
    - Young Professionals Committee, 2004-2009

Board Memberships

  • Moms Helping Moms Foundation, Inc.
    - Board of Directors

Selected Publications

  • Co-author, "New Jersey Employers: Plan Ahead for the Long-Delayed Overhaul of the State's WARN Act," Duane Morris Alert, June 8, 2022
  • “Client Alert: New York’s New Workplace Airborne Infection Safety Law – Everything Employers Need to Know.” McCusker Anselmi Rosen & Carvelli, PC, May 17, 2021

  • “Client Alert: Returning to Work During the Covid-19 Pandemic.” McCusker Anselmi Rosen & Carvelli, PC, July 7, 2020

  • “Client Alert: New Overtime Rules, Effective December 1, 2016: A Sea Change for Your Workforce.” McCusker Anselmi Rosen & Carvelli, PC, June 13, 2016

  • “Seeking a Standard: Reconciling Child Abuse with Condoned Cultural Practices,” 34 U. Miami Inter-Am. L. Rev. 491 (2003)

Media Hits

  • Quoted, "The Top New Jersey Cases to Watch in 2022," Law360, January 3, 2022
  • Quoted, "Should ‘Deskless’ and Office Workers Be Treated Differently," SHRM, August 19, 2021
  • Quoted, "New Jersey Cases to Watch in 2021: A Midyear Report," Law360, July, 21, 2021
  • Quoted, "How to Keep Telecommuting Employees with Disabilities Engaged," SHRM, July 19, 2021
  • Quoted, "What if a Job Applicant Discloses a Disability," SHRM, July 12, 2021
  • Quoted, "How to Handle and Influx of Accommodation Requests," SHRM, June 17, 2021
  • Quoted, "Vaccines at Work," NJBIZ, March 8, 2021

Selected Speaking Engagements

  • Co-presenter, "State of the Workplace in 2022: How the pandemic’s end and the Great Resignation are changing recruiting, hiring, retention, remote work, separation, labor laws, benefits and immigration," Duane Morris, LLP, Webinar, May 11, 2022
  • “Oh Snap! Revealing Employer Missteps During and After the Pandemic Including Return-to-Work Bloopers”, Garden State Council SHRM's Annual Conference and Expo, October 17, 2021

  • “Employment Law 101 for Supervisors,” McCusker Anselmi Rosen & Carvelli, PC, February 24, 2021

  • “Internal Investigations 101,” McCusker Anselmi Rosen & Carvelli, PC, August 12, 2020

  • “Hearing the Whistleblower,” McCusker Anselmi Rosen & Carvelli, PC, May 1, 2019

  • “Employee or Independent Contractor? What You Need To Know,” New York City Chapter of the National Guild for Community Arts Education and Coalition of Community Schools of the Arts, February 11, 2014

  • “New Jersey Civil Trial Preparation,” Association of the Bar of the City of New York, February 7, 2014

  • “New Jersey Bridge the Gap: New Jersey Civil Practice,” Association of the Bar of the City of New York, February 8, 2013

  • “New Jersey Civil Trial Preparation,” Association of the Bar of the City of New York, October 11, 2011

  • “New Jersey Bridge the Gap: New Jersey Civil Practice,” Association of the Bar of the City of New York, January 31, 2011

  • “Tri-State Employment Law: The Critical Distinctions You Need to Know,” Association of the Bar of the City of New York, December 14, 2010

  • “Career Opportunities in Small Law Firms: A Panel Discussion,” Association of the Bar of the City of New York, April 24, 2008