Michael D. Moberly

Shareholder

OFFICE LOCATION:
Phoenix, AZ
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PHONE:
(602) 440-4821
FAX:
(602) 257-9582

Biography

Mike has been an attorney with Ryley Carlock & Applewhite since graduating from law school in 1983 and has been a shareholder with the firm since 1989. He was formerly the Chairman of the firm's Executive Committee, and served as head of its Labor and Employment practice.

He exclusively represents management in civil rights and employment-related litigation at both the trial and appellate levels, in the arbitration of collective bargaining agreement disputes, and in administrative proceedings involving the defense of statutory discrimination and retaliation claims, unfair labor practice charges, and wage and hour claims. He also assists employers in handbook and policy drafting, and with strike contingency and other planning.

Mike is an elected Fellow of the College of Labor and Employment Lawyers, a national organization established through an initiative of the Council of the American Bar Association's Section of Labor and Employment Law for the purpose of recognizing those attorneys who have distinguished themselves as leaders in the fields of labor and employment law, individual rights, collective bargaining and dispute resolution. He has been recognized since 2006 as a leading national labor and employment lawyer in Best Lawyers in America® and since 2004 in Chambers USA Guide to America's Leading Business Lawyers. In 2015, Best Lawyers named Mike, "Lawyer of the Year" in the area of Litigation - Labor & Employment.

Significant cases in which Mike has been involved include Halloum v. Intel Corp., 24 Individ. Empl. Rts. Cas. (BNA) 50 (2006), aff'd, 307 Fed. Appx. 106 (9th Cir. 2009), in which he successfully defended the employer at trial and on appeal in one of the first cases ever tried under the anti-retaliation provisions of the Sarbanes-Oxley Act; (2) Valdiviezo v. Phelps Dodge Hidalgo Smelter, 995 F. Supp. 1060 (D. Ariz. 1997), the first reported decision in which an Arizona court compelled an employee to arbitrate a statutory employment discrimination claim; (3) Moses v. Phelps Dodge Corp., 826 F. Supp. 1234 (D. Ariz. 1993), in which a federal court held that the statutory presumption against an award of attorneys' fees to prevailing employers in civil rights actions does not apply in cases involving the alleged breach of an employment contract; (4) Burris v. City of Phoenix, 179 Ariz. 35, 875 P.2d 1340 (App. 1993), in which the Arizona Court of Appeals refused to recognize a tort claim for wrongful failure to hire in violation of public policy; (5) Buffington v. Phelps Dodge Mining Co., 800 F. Supp. 951 (D.N.M. 1992), a case of first impression in which a federal court held that prejudgment interest cannot be recovered in cases arising under the Age Discrimination in Employment Act; and (6) Espinoza v. Fry's Food Stores, Inc., 806 F. Supp. 855 (D. Ariz. 1990), the first reported decision holding that compensatory damages are not recoverable in an employment discrimination action arising under the Arizona Civil Rights Act.

In 1999, Mike filed an amicus brief in the landmark Arizona Supreme Court case Demasse v. ITT Corp., 194 Ariz. 500, 984 P.2d 1138 (1999), where he argued that employers should be entitled to condition employment offers on their employees' agreement to arbitrate any subsequent breach of contract claims against the employer. Although the decision in Demasse is otherwise generally considered to have been detrimental to employers, the Court specifically distinguished its ruling from a federal court decision in another case in which Mike represented the employer, Moses v. Phelps Dodge Corp., 818 F. Supp. 1287 (D. Ariz. 1993), which held that an employee was precluded from filing suit against her employer as the result of her failure to comply with the terms of a grievance and arbitration procedure contained in an employee handbook.

Mike is an editor and contributing author of the ARIZONA EMPLOYMENT LAW HANDBOOK (2d ed. 2004), which is the only comprehensive treatise addressing Arizona employment law, and of annual and cumulative supplements to SCHLEI & GROSSMAN, EMPLOYMENT DISCRIMINATION LAW (2d ed. 1983), which has occasionally been referred to as the "bible" of federal employment discrimination law. He is also a contributing author of another highly regarded employment law text published by the National Employment Law Institute, EMPLOYMENT-AT-WILL: A 1989 STATE-BY-STATE SURVEY. Mike is also the author of over 40 law review articles addressing labor, employment and litigation-related topics, including the first article ever published in the Phoenix Law Review. His articles have frequently been cited as pertinent authority by academics and other lawyers, as well as by the Arizona Supreme Court, the Arizona Court of Appeals, and other federal and state appellate courts in Alabama, California, Florida, Minnesota, Oklahoma, Pennsylvania, South Carolina, South Dakota, Vermont, Washington, Wisconsin, and Puerto Rico, and by administrative agencies such as the Wisconsin Employment Relations Commission.

He was appointed by the Governor to the Arizona Agricultural Employment Relations Board, the state agency charged with primary responsibility for enforcing the Arizona Agricultural Employment Relations Act, and served as Chairman of that agency for a number of years. He also served throughout its existence as an editor of the Arizona Labor Letter, a monthly publication designed to keep Arizona employers apprised of legal developments in the field.

Mike received both his bachelor's degree and law degrees with high distinction from the University of Iowa. During law school, he was elected to the Order of the Coif, and received American Jurisprudence Awards for the top performance in his class in Torts, Evidence, Civil Procedure and Advanced Criminal Procedure. As an undergraduate, he was elected to both the Beta Alpha Psi and Beta Gamma Sigma honor societies.

He and his wife Jeanine, who is also an attorney, have three children. They are all enthusiastic Arizona Diamondbacks fans, and Mike was once a stellar Little League coach.

              

Publications

May 21, 2014  Five Things Every Arizona Employer Should Know About Medical Marijuana
January 1, 2013  State Minimum Wage Rates Have Risen in Arizona and Colorado
August 21, 2012  Blanket Confidentiality Requests Banned by NLRB
August 13, 2012  Recent U.S. Supreme Court Decision Favorable to Employers Has Arizona Origins
June 11, 2012  A Pot Hole for Employers? Medical Marijuana in Arizona
May 8, 2012  EEOC Provides Guidance on High School Diploma Requirements and the Americans with Disabilities Act
April 26, 2012  NLRB Notice Posting Rule Meets Further Roadblocks
October 27, 2011  Arizona's Minimum Wage Increases
August 23, 2011  Smoke and Mirrors...The New Arizona Medical Marijuana Law
April 6, 2011  Medical Marijuana: Arizona Joins the Pack
Speaking Engagements
  • "Prescription Drugs in the Workplace," Arizona Small Business Association and Maricopa County Department of Public Health's Healthy Arizona Worksite, July 2014
  • "This is Unprecedented: Examining the Impact of Vacated State Appellate Court Opinions," 13 Journal of Appellate Practice and Process 231 (2012)
  • "The Admissibility of EEOC and Arizona Civil Rights Division Determinations in State Court Employment Discrimination Litigation," 33 Ariz. St. L.J. 265 (2001)
  • "Striking a Happy Medium: The Conversion of Unfair Labor Practice Strikes to Economic Strikes," 22 Berkeley Journal of Employment and Labor Law 131 (2001)

Memberships

  • Arizona Industrial Relations Association, Member
  • Arizona Town Hall, Member
Profile Information

Offices

Solutions

Education

  • University of Iowa, B.B.A., with high distinction, 1979
  • University of Iowa, J.D., with high distinction, Order of the Coif, 1983

Admissions

  • Arizona, 1983
  • U.S. District Court, District of Arizona, 1983
  • U.S. Court of Appeals for the Eighth Circuit, 1983
  • U.S. Court of Appeals for the Ninth Circuit, 1983
  • U.S. Court of Appeals for the Tenth Circuit, 1990
  • U.S. Court of Appeals for the District of Columbia, 1987
  • U.S. Court of Appeals for the Federal Circuit, 1989
  • U.S. Claims Court, 1989
  • U.S. Supreme Court, 1986

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