Melissa A. Siebert

Partner

Chicago
T +1.312.416.6212
F +1.312.416.6242

Overview

Melissa Siebert concentrates her practice in employment litigation, class and collective action litigation, and employment law counseling. Melissa's combined legal and human resources/business experience allows her to provide effective and efficient counsel on a variety of strategic and day-to-day issues, including the interaction between the FMLA, ADA and workers' compensation; restrictive covenants; company-wide policy creation and implementation; employee investigations; discipline and termination; and employment agreements. She also has substantial experience representing employers in labor matters, both as in-house and outside counsel. Melissa focuses on class and collective action litigation, representing employers involved in significant EEOC "pattern and practice" investigations/lawsuits, and putative class/collective actions under the FLSA, the FCRA and state laws.

Select Experience

  • Obtained a nuisance value settlement with named plaintiff and putative class members in a nationwide wage and hour collective action in which remote workers contended they were required to perform off-the-clock work, after judge voiced concerns with the adequacy of the class representative during discovery.
  • Representing a national banking association in nationwide collective wage and hour action and state law class action claims alleging misclassification of loan officers.
  • Successfully represented several national employers in "pattern and practice" investigations before the EEOC alleging racial discrimination due to claimed disparate impact of post-offer background screening. Findings were issued in employers' favor without conciliation or litigation.
More »

Experience

  • Obtained a nuisance value settlement with named plaintiff and putative class members in a nationwide wage and hour collective action in which remote workers contended they were required to perform off-the-clock work, after judge voiced concerns with the adequacy of the class representative during discovery.
  • Representing a national banking association in nationwide collective wage and hour action and state law class action claims alleging misclassification of loan officers.
  • Successfully represented several national employers in "pattern and practice" investigations before the EEOC alleging racial discrimination due to claimed disparate impact of post-offer background screening. Findings were issued in employers' favor without conciliation or litigation.
  • Successfully defended a federal court FLSA collective action lawsuit involving the employer's call center by implementing tender strategy, resulting in dismissal of the entire lawsuit, including putative plaintiffs' collective action claims, without payment of attorneys' fees.
  • Successfully challenged wage and hour collective action in Florida federal court brought on behalf of custom brokerage agents. Asserted claims under the Florida Civil Theft Act and obtained settlement and dismissal of entire the collective action for a nominal amount.
  • Obtained dismissal of two state court lawsuits alleging retaliatory discharge (Indiana and Florida), and transferred and settled at a low nuisance value amount one federal court retaliatory discharge lawsuit (Kansas), through the use of a forum selection agreement contained in preemployment application documents.
  • Settled a nationwide class action lawsuit challenging an employer's use of preemployment background screens under the Fair Credit Reporting Act for a nominal amount.

Recognitions and Memberships

Prior Positions

  • Tribune Company: In-House Labor and Employment Counsel
  • Human Resources Director and Acting Vice President of Human Resources for multiple entities

Admissions

  • U.S. Supreme Court
  • U.S. District Court, Southern District of Illinois
  • U.S. District Court, Northern District of Illinois
  • Illinois

Education

  • M.B.A., Northwestern University Kellogg School of Management, 2000
  • J.D., Northwestern University School of Law, 1992
  • B.A., Bucknell University, 1989

Languages

  • Spanish

Blog

In The Blogs

Previous Next
Employment Law Spotlight
New York City Expands Paid Sick Leave Law With Creation Of ‘Safe Time’
November 13, 2017
On Monday, Nov. 6, newly re-elected Mayor Bill de Blasio signed into law “Intro. 1313-A,” a bill that amends and expands the coverage of New York City’s paid sick leave law. The bill renames the sick leave law as the “Earned Safe and Sick...
Read More ->
Employment Law Spotlight
New California Law Prohibits Asking Job Applicants About Their Salary History
October 22, 2017
A new California law (AB 168) was signed by Governor Jerry Brown on October 12, 2017 that prohibits employers from inquiring about the salary histories of its job applicants. AB 168, which takes effect on January 1, 2018, and applies to...
Read More ->
Employment Law Spotlight
Predictable Schedules – A Right, Not a Privilege, in NYC Fast Food and Retail Industries
October 16, 2017
Earlier this year, New York City signed into law the “Fair Work Week” legislative package, which aspires to ensure more predictable schedules and paychecks for fast food and retail workers by setting restrictions on how and when their...
Read More ->
Employment Law Spotlight
DOL Overtime Regulations: The End of an Era
September 6, 2017
At least once a week we get a call from a client inquiring about the status of the new salary threshold overtime regulations. We have an update, and the news is good for employers! By way of background, on May 23, 2016, the U.S. Department...
Read More ->
Employment Law Spotlight
Second Circuit Lowers Causation Standard for Employees Alleging FMLA Violations
July 26, 2017
Last week, the Second Circuit joined the Third Circuit in lowering the causation standard in evaluating alleged Family and Medical Leave Act (FMLA) violations against employers. Under a lower “motivating factor” standard established in...
Read More ->