ABOUT US

About Cohen Employment Law

Cohen Employment Law was founded by Michael B. Cohen, an award-winning employment law attorney licensed in North Carolina and Virginia. Mr. Cohen has extensive experience representing his clients in wage and hour class actions, restrictive covenant and trade secret litigation, and leave and accommodation actions before courts and administrative agencies across the country. Mr. Cohen has also helped counsel and advise businesses of all sizes, from publicly traded companies to small startups, through a number of complex employment law issues, including independent contractor misclassification, exempt employee misclassification, non-compete violations, non-solicitation violations, trade secret misappropriation, managing leave and accommodation requests, and terminations.

Mr. Cohen has successfully represented both plaintiffs and defendants—from individuals to Fortune 50 companies—in high stakes lawsuits nationwide. His experience practicing on both sides of the “v” provides him with rare insight as to how the other side thinks, strategizes, and operates. Mr. Cohen brings that background, along with his expertise, zealous advocacy, and commitment to transparency, to every one of his engagements.

Mr. Cohen is a Board Certified Specialist in Employment Law, a designation held by just 3.5% of North Carolina attorneys. Every year since 2018, Mr. Cohen has been recognized as a North Carolina “Rising Star” by Super Lawyers®, a rating service of outstanding attorneys from more than 70 practice areas who have attained a high degree of peer recognition and professional development. Mr. Cohen was also recognized by Best Lawyers in America®: Ones to Watch in 2023, 2024, 2025, and 2026.

Prior to launching Cohen Employment Law, Mr. Cohen practiced with Troutman Pepper Locke, an international law firm with over 1,600 attorneys, and Ogletree, Deakins, Nash, Smoak & Stewart, one of the largest labor and employment law firms in the world. Mr. Cohen started his career with a boutique firm focused on litigating wage and hour class actions and later practiced with regional defense firms.

Mr. Cohen resides in Apex, North Carolina, with his wife, Amanda, two children, and two dogs (a husky/shepherd mix and a pitbull).

Michael B. Cohen

Representative Matters

  • Prevailed at the Fourth Circuit in breach of contract action valued in excess of $500 million
  • Prevailed at the Fourth Circuit on claims of FMLA interference and retaliation
  • Prevailed at the Fourth Circuit in USERRA and constitutional action against a municipality
  • Obtained summary judgment in wage and hour class and collective action involving pre-shift and post-shift work, travel time, and unlawful deductions
  • Obtained summary judgment in wage and hour action involving unpaid commissions
  • Obtained summary judgment in ADA and Title VII action against a Fortune 50 company
  • Obtained summary judgment in ADA action against a regional contracting firm
  • Obtained summary judgment in ERISA action both on administrative grounds and on the merits
  • Obtained summary judgment in a Title VII and Virginia Human Rights Act action against a healthcare company
  • Obtained summary judgment in a Title VII, Section 1983, and ADA action against a municipality
  • Led wage and hour audit for a publicly traded industrial products company
  • Spearheaded whistleblower investigation for an international food supplier
  • Successfully represented clients in multiple wage and hour investigations conducted by the U.S. Department of Labor
  • Obtained favorable ruling on class claims brought under Title VII, Section 1981, and IRS false information return statute against manufacturing company
  • Obtained favorable ruling on whistleblower claims brought against a healthcare company
  • Obtained favorable ruling in ADA, Title VII, REDA, and wrongful termination action against a publicly traded manufacturing company
  • Obtained favorable ruling in Title VII and Section 1981 action against a national restaurant chain
  • Obtained favorable ruling in wage and hour class action involving independent contractor misclassification allegations and unlawful deductions
  • Obtained injunctive relief for clients affected by trade secret misappropriation
  • Favorably resolved numerous class and collective wage and hour actions in jurisdictions across the country

Publications, Speaking Engagements, and Media Commentary

  • Speaker, “Professionalism for New Attorneys (PNA),” North Carolina Bar Association, 2025
  • Speaker, “North Carolina Employment Law: New Laws, Useful Pointers, and Changes You Need to Make,” National Business Institute, 2025
  • Speaker, “NCBA 2025 Annual Review,” North Carolina Bar Association, 2025
  • Co-author, “Changes to Virginia’s Noncompete Statute,” Lexology, May 13, 2025
  • Speaker, “North Carolina Human Resource Law 2025,” National Business Institute, 2025
  • Speaker, “The Duty to Mitigate in Employment Termination Cases: Strategies for Addressing Challenges in Litigation,” myLawCLE and the Federal Bar Association, 2025
  • Speaker, “Professionalism for New Attorneys (PNA),” North Carolina Bar Association, 2024
  • Speaker, “Fundamentals of Employment Law,” North Carolina Bar Association, 2024
  • Speaker, “State Law and Tax Implications Regarding Remote Workers,” Council of Independent Colleges in Virginia, 2023
  • Co-author, “Department of Labor Introduces New Proposal to Revise Salary Threshold,” JD Supra, September 1, 2023
  • Speaker, “The Future is Here: Managing the Modern In-House Practice,” North Carolina Bar Association, 2023
  • Author, “Third Circuit Limits Nonresident Opt-In Plaintiffs’ Ability to Join FLSA Collective Actions, Deepening Circuit Split,” Hiring to Firing Law Blog, 2022
  • Speaker, “Key Considerations in Employment Claims and Social Inflation,” Troutman Pepper, 2022
  • Speaker, “Wage and Hour Compliance for North Carolina Businesses,” North Carolina Lawyers for Entrepreneurs Assistance Program, 2022
  • Speaker, “North Carolina Case Law Update,” North Carolina Coastal Society for Human Resource Management (NCCSHRM), 2021
  • Quoted, “Is Your Employer Stealing From You? How to Spot Wage Theft, and What to Do About It,” CNBC/Acorns, 2021
  • Co-author, “Notice Requirements Under the FMLA: Federal Court Reinforces Employees’ Obligations to Follow Established Notification Procedures,” JD Supra, 2021
  • Speaker, “Employment Law and Best Practices for Human Resources Professionals – The Intersection Between the FMLA, ADA, and GINA,” North Carolina League of Municipalities, 2019
  • Author, “Department of Labor Seeks to Clarify Compatibility of Bonuses with Fluctuating Workweek Method,” North Carolina Bar Association, 2019
  • Co-author, “Department of Labor Proposes New Overtime Salary Threshold,” North Carolina Association of Defense Attorneys, 2019
  • Author, “Law 101: Overview of the Rule 30(b)(6) Deposition,” North Carolina Bar Association, 2018
  • Author, “North Carolina Wage and Hour Act Amended to Exempt Seasonal Amusement or Recreational Establishment Employees from Overtime Provision,” North Carolina Bar Association, 2017
  • Author, “Fifth Circuit: Employers Liable for Emotional Distress Damages in FLSA Retaliation Claims,” North Carolina Bar Association, 2017
  • Author, “Avoiding Double Taxation and Expatriation: A Comprehensive Solution to FATCA and Corporate Inversion,” North Carolina Journal of International Law, 2016

Professional Activities

  • Member, Labor and Employment Council, North Carolina Bar Association (2025-present)
  • Co-Chair/Member, CLE Planning Committee, Labor and Employment Section, North Carolina Bar Association (2024-present)
  • Member, Professionalism Committee, North Carolina Bar Association (2020-present)
  • Co-chair, Communications Committee, Young Lawyers Division, North Carolina Bar Association (2021-2022)
  • Member, Communications Committee, Young Lawyers Division, North Carolina Bar Association (2017-2018, 2020-2021)
  • Member, Disaster Legal Services, Young Lawyers Division, North Carolina Bar Association (2018-2019)

Education

  • University of North Carolina School of Law, J.D., 2016; Holderness Moot Court National Appellate Advocacy Team; North Carolina Journal of International Law 
  • George Washington University, Elliott School of International Affairs, B.A., cum laude, 2013

Bar Admissions

  • North Carolina
  • Virginia

Court Admissions

  • United States Court of Appeals for the Fourth Circuit
  • United States District Court for the Eastern District of North Carolina
  • United States District Court for the Middle District of North Carolina
  • United States District Court for the Western District of North Carolina
  • United States District Court for the Eastern District of Virginia
  • United States District Court for the Western District of Virginia

Honors, Awards, and Recognition

  • Certified as a Specialist in Employment Law by the North Carolina State Bar
  • Best Lawyers in America®: Ones to Watch in Labor and Employment Law – 2023; 2024; 2025; 2026
  • Super Lawyers® North Carolina “Rising Star” in Employment Law and Employment Litigation – 2018; 2019; 2020; 2021; 2022; 2023; 2024; 2025
  • Eugene Gressman and Daniel H. Pollitt Oral Advocacy Award for oral advocacy skills demonstrated at the University of North Carolina School of Law
  • Seymour W. Wurfel Award for outstanding contributions to the North Carolina Journal of International Law

Our Practice Areas

Cohen Employment Law focuses on representing its clients within four core practice areas

Unpaid Wages, Overtime, and Commissions (Wage and Hour)

We regularly handle class action claims for unpaid wages, including overtime premiums, commissions, bonuses, and tips, as well as issues involving improper deductions, independent contractor misclassification, and exempt employee misclassification.

Employment Agreements and Severance Packages

We represent executives, shareholders, managers, and other employees in negotiating or adjudicating their employment agreements and severance packages, including non-competes, non-solicitations, confidentiality provisions, and more.

Trade Secret Misappropriation

We vigorously advocate for our clients in disputes over stolen, misused, or otherwise misappropriated trade secrets and other confidential information, and we have litigated high stakes lawsuits involving misappropriated software, code, customer lists, business strategies, and other proprietary or sensitive materials.

Leave and Accommodations

We assist clients with leave of absence issues under the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), and other federal and state statutes. We also assist with issues involving accommodation requests due to disability status, pregnancy, and religious beliefs or practices.

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