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Michelle York

Michelle Barineau York advises U.S. and multinational employers on a broad spectrum of employment law matters. She regularly counsels employers on wage and hour compliance, employee classification, pay equity, and leave-related issues, and she drafts and negotiates key employment documents, including employment agreements, workplace policies, and separation agreements. Michelle brings substantial experience investigating workplace complaints and frequently partners with white collar colleagues to conduct sensitive internal investigations.

Michelle guides employers through hiring, performance management, and employee terminations, as well as workforce change strategies, including reorganizations, reductions in force, and WARN compliance. She also provides practical, business-focused advice on workplace issues impacting employers, including remote work, employee privacy, and workplace culture, and she offers leading‑edge guidance on the use of artificial intelligence in the workplace.

Michelle helps clients navigate matters involving harassment, discrimination, non-competition, and other issues arising under state and federal employment laws including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Equal Pay Act, the Family and Medical Leave Act, and the Fair Labor Standards Act. She relies on her experience as an employment litigator to advise clients when responding to agency charges and demand letters, including whistleblower retaliation complaints, and frequently interacts with the Equal Employment Opportunity Commission, state and local equal employment opportunity agencies, and the Occupational Safety and Health Administration.

Michelle works closely with colleagues in employee benefits and executive compensation and corporate groups to address employment matters arising in mergers, acquisitions, and other strategic transactions, and she regularly collaborates with California‑based colleagues on matters implicating California employment law.

Last month, the Illinois Department of Human Rights (“IDHR”) released draft regulations addressing employers’ use of AI in employment decisions and invited public comment. The IDHR will hold a hearing on the draft regulations on June 10, and the public comment period will close on June 29.

Continue Reading Illinois Department of Human Rights Seeks Public Comment on Draft AI Employment Regulations

The California Civil Rights Council and the California Privacy Protection Agency have recently passed regulations that impose requirements on employers who use “automated-decision systems” or “automated decisionmaking technology,” respectively, in employment decisions or certain HR processes. On the legislative side, the California Legislature passed SB 7, which would impose additional obligations on employers who use these technologies; the bill is currently on the Governor’s desk. And, the Governor has signed SB 53, which provides certain employee whistleblower rights with respect to AI safety. Below, we discuss some of the key requirements in the new regulations and legislation.

Continue Reading Navigating California’s New and Emerging AI Employment Regulations

As artificial intelligence (AI) tools become increasingly integrated into hiring and other workplace decisions, businesses must navigate a rapidly evolving legal landscape regulating the use of AI. To stay compliant and build trust within the workforce, employers can consider the following best practices for responsible AI deployment in employment contexts.

Continue Reading AI in the Workplace: Best Practices for U.S. Employers
In an effort to close gender and racial pay gaps, California Governor Gavin Newsom recently signed Senate Bill (SB) 973 to require certain California employers to submit an annual pay data report to the Department of Fair Employment and Housing (DFEH) starting next year. The new law largely mirrors the


Continue Reading California to Require Annual Pay Data Reporting to DFEH

Governor Newsom has signed Senate Bill (SB) 1383 to significantly expand the California Family Rights Act (CFRA).  The CFRA is California’s counterpart to the federal Family and Medical Leave Act (FMLA) and provides unpaid family and medical leave of up to 12 weeks for eligible employees.  The new law’s key


Continue Reading New Law Expands California Family Rights Act

California Governor Gavin Newsom has signed Assembly Bill (AB) 1867, to create COVID-19 supplemental paid sick leave (CPSL) requirements for employers with 500 or more employees, filling a gap left by the federal Families First Coronavirus Response Act (FFCRA) which applies only to employers with under 500 employees.  The new


Continue Reading California Mandates COVID-19 Supplemental Sick Leave for Larger Employers