Marc L. Fleischauer

Marc L. Fleischauer

Location:
Dayton, Ohio
Phone:
937-449-5771
Fax:
937-223-6705
Email:

 

Throughout his career in labor and employment law, Marc Fleischauer has represented and counseled employers, ranging from small businesses to private equity firms to Fortune 100 companies.  For 25 years, he has helped clients avoid and defend cases before state and federal courts, arbitrators, and administrative agencies, including cases arising under:

  • The Family and Medical Leave Act (FMLA)
  • The Fair Credit Reporting Act (FCRA)
  • Title VII and state anti-discrimination laws
  • The Age Discrimination in Employment Act (ADEA)
  • The Americans with Disabilities Act (ADA)
  • Workers' Compensation Retaliation Statute
  • The Fair Labor Standards Act (FLSA)
  • False Claims Act
  • The National Labor Relations Act (NLRA)

Marc brings empathy, responsiveness, and a range of experience to his clients.  He understands the challenges employers face as they balance the demands of running a business against the need to satisfy complex government regulations. Because labor and employment issues require swift resolutions, Marc quickly responds to his clients with the answers they need.  He has served employers in a variety of Industries during his 25-year career.

Marc currently serves as Chair of Coolidge Wall's Labor and Employment Department.  He earned his Senior Professional in Human Resources (SPHR) designation from the Human Resources Certification Institute (HRCI) in 2007 and maintains an AV® PreeminentTM rating from Martindale-Hubbell.  He previously was included in Ohio Super Lawyers® - Rising Stars Edition, but most recently was selected for inclusion in 2017 Ohio Super Lawyers.  He also has been listed in Best Lawyers in America® in the fields of "Labor Law - Management" and "Employment Law - Management" every year since 2009.

Marc is a graduate of The College of Wooster and received his juris doctorate from the Florida State University College of Law.  He is licensed to practice in Ohio, Kentucky, and Florida.

Marc has served as a Professional Fellow at Ashland University (Ashland, Ohio), where he taught employment law. 

Community Activities

  • Butler/Warren Society for Human Resource Management (2007-Present; Membership Chair, Legislative Chair)
  • A Learning Place (2013-Present; Trustee)
  • Christian Legal Society, Central Ohio Chapter (2013-Present; Board Member)
  • Dayton Christian Center (2009-Present; General Counsel)
  • Bach Society of Dayton (2012-Present; Nominating & Governance Chair)
  • YMCA of Greater Dayton (2014-Present; Human Resources Advisory Committee)
  • Directions for Youth and Family Services (2003-2006; Human Resources Chair)
  • The Magpie Consort (2002-2006; President)
  • Northcentral Ohio Human Resource Association (2001-2006; Board Member)
  • Community Mediation Services (2003-2005; President)
  • Dayton 32° Masonic Learning Center for Children (1999; Board Member)

Honors and Activities

  • Leadership Dayton Graduate (Class of 2008)
  • Senior Professional in Human Resources (SPHR) designation, Human Resources Certification Institute (2007-Present)
  • The Best Lawyers in America®, Labor and Employment Law (2008-Present)
  • Law & Politics/Super Lawyers "Ohio Rising Star" (2005)
  • Florida State University Law Review (Associate Editor, 1989-1991)
  • Fellow, Florida Supreme Court Dispute Resolution Center
  • Professional Fellow and Adjunct Instructor, Ashland University
  • College of Wooster Scholarship and Henry Luce Foundation Grant

Publications

  • "Battle of the Ages: Title VII vs. the ADEA," Ohio Lawyer
  • "NLRB Sounds the Retreat: Non-Unionized Employees No Longer Have Right to Bring a Coworker to Investigatory Interviews," The Florida Bar Checkoff Magazine
  • "Home Sweet Office: Making Telework Work," Columbus Bar Briefs
  • Co-Author, Court Ordered Arbitration: An Arbitrator's Handbook, Florida Dispute Resolution Center

Speaking Engagements

  • "The Year in Alphabet Soup," Butler-Warren SHRM
  • "Dealing with Doctors: FMLA Medical Certification Challenges," HR Hero Webinar
  • "Making Ethics Part of Your Organization's Culture," Butler-Warren SHRM
  • "FMLA Master Class," M. Lee Smith Publishers
  • "Taking Control: Managing Leaves of Absence Under the FMLA and ADA," Lorman Education Services
  • "The Challenge of FMLA Use and Abuse in the Workplace," Advanced Employment Issues Symposium
  • "Wage-Hour Master Class," M. Lee Smith Publisher

Areas of Practice

  • Labor & Employment
  • Administrative Claims under EEOC, OCRC, DOL and NLRB
  • Employment Discrimination
  • FMLA and Medical Leave Issues
  • Wage Claims and Audits
  • Wage-Hour and Overtime Issues
  • Civil Litigation
  • Covenants Not to Compete
  • Education and School Law
  • Religious Employer Rights
  • Unemployment Compensation
  • Union Avoidance

Bar Admissions

  • Florida, 1991
  • Ohio, 1995
  • Kentucky, 2015
  • U.S. District Court Middle District of Florida, 1991
  • U.S. District Court Northern District of Ohio, 1994
  • U.S. District Court Southern District of Ohio, 1997
  • U.S. Court of Appeals 6th Circuit, 1999
  • U.S. Court of Appeals Federal Circuit, 2001
  • U.S. Court of Veterans Appeals, 2001
  • U.S. Court of Appeals 11th Circuit, 2006

Education

  • Florida State University College of Law, Tallahassee, Florida
    • J.D. - 1991
    • Law Review: Florida State University Law Review, Associate Editor, 1989 - 1991
  • The College of Wooster, Wooster, Ohio
    • B.A. - 1988
    • Honors: With Honors
    • Major: English

Professional Associations and Memberships

  • Ohio State Bar Association
  • Dayton Bar Association