Areas of Practice
Industries
Bar Admissions
- Michigan
Court Admissions
- U.S. Court of Appeals, 6th Circuit
- U.S. District Court, Northern District of Indiana
- U.S. District Court, Southern District of Indiana
- U.S. District Court, Eastern District of Michigan
- U.S. District Court, Western District of Michigan
Education
Michigan State University College of Law, J.D., summa cum laude
Michigan State Law Review, Senior Managing Editor
Dean Charles H. King Scholar
Denison University, B.A., summa cum laude
Language
- French
Elisa J. Lintemuth’s practice focuses on employment counseling and litigation, commercial litigation, and ERISA litigation. Ms. Lintemuth is experienced in resolving disputes in both state and federal courts.
Ms. Lintemuth regularly advises and trains employers regarding their obligations under state and federal employment laws. She assists employers by drafting employment policies and handbooks, and by negotiating employment and severance agreements. Ms. Lintemuth regularly responds to charges filed by employees with the Michigan Department of Civil Rights and the Equal Employment Opportunity Commission and defends employers in employment discrimination litigation. She also counsels employers with respect to pre-litigation investigations, strategy, and negotiation. Ms. Lintemuth also represents employers in labor strikes and in defending unfair labor practice proceedings. In addition, Ms. Lintemuth has experience and expertise in ERISA benefits litigation.
Experience
- Advising employers on compliance with state and federal employment statutes and regulations including Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the Age Discrimination in Employment Act (ADEA), the Fair Labor Standards Act (FLSA), and the Michigan Elliott-Larsen Civil Rights Act (ELCRA).
- Successfully defending employers in discrimination and wrongful discharge actions in both state and federal courts, and in administrative charges before the EEOC and Michigan Department of Civil Rights.
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Defending products liability and personal injury claims on behalf of an elevator and escalator company.
- Defense of ERISA litigation matters involving claims for disability, life, and health insurance benefits and retirement benefits, on behalf of employers, insurers, and claims administrators.
- Successfully defending claims against some of the nation's largest financial institutions under state and federal laws, including the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA), the Real Estate Settlement Procedures Act (RESPA), and Michigan's foreclosure by advertisement statute.
- Representing OEM, Tier 1, Tier 2, and Tier 3 clients in automotive lawsuits, including supplier disputes and tooling recovery.
- Achieving favorable results in cases involving fraud and other business torts.
Significant Decisions
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Klaiss v. Steel Tool & Engineering Co., No. 18-cv-12053, 2019 U.S. Dist. LEXIS 144424 (E.D. Mich. 2019). Received order dismissing plaintiff’s putative class claims for unjust enrichment and marital discrimination as preempted by ERISA.
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Ferris State University Board of Trustees v. Ferris Faculty Association (Mecosta County Circuit Court, 2018). Obtained temporary restraining order within hours of the commencement of a strike by University faculty members and other bargaining unit employees on the first day of classes, requiring employees to return to work.
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Harris v. TPUSA, Inc., No. 1:16-cv-900, 2018 U.S. Dist. LEXIS 58029 (2018). Obtained summary judgment in a race discrimination case by proving that Plaintiff did not act with sufficient diligence to obtain the benefit of equitable tolling, and the statute of limitations had expired.
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Holmes v. Aetna Life Ins. Co., No. 16-cv-11538, 2017 U.S. Dist. LEXIS 94258 (E.D. Mich. 2017). Obtained judgment upholding decisions to deny ERISA disability claims as reasonable and supported by substantial evidence; rejecting plaintiff’s argument that the Michigan bar on discretionary clauses applied; and rejecting plaintiff’s claim regarding failure to timely provide plan documents.
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James v. Munson Med. Ctr., 2016 U.S. Dist. LEXIS 34278 (W.D. Mich. 2016). Obtained order granting summary judgment in favor of employer in case alleging violations of the Family Medical Leave Act and the Americans with Disabilities Act.
- Chebowski v. Kelsey-Hayes Salaried Pension Plan, 2016 U.S. Dist. LEXIS 133960 (E.D. Mich. 2016). Obtained order granting judgment in favor of employer and pension plan on plaintiff's ERISA estoppel-based claims for pension benefits.
- Allen v. WalMart Stores, Inc., 22 F. Supp. 3d 722 (E.D. Mich. 2014), affirmed by 602 Fed. Appx. 617 (6th Cir. 2015). Obtained favorable decision dismissing employee’s claims under the Family Medical Leave Act.
- Burmania v. Hartford Life & Accident Insurance Co, No. 12-cv-1244, 2013 U.S. Dist. LEXIS 175530 (W.D. Mich. Dec. 12, 2013). Obtained favorable decision in ERISA case challenging discretionary clause in long-term disability policy and received order affirming Hartford's denial of benefits.
- U.S. Motors v. General Motors Europe, No. 29901 (Mich. App. Jan. 17, 2012 and Mar. 13, 2012), No. 145002 (Mich. S. Ct. Oct. 4, 2012). Successfully defended GM Europe’s interests through all levels of appeal in case alleging breach of contract.
- Braverman Properties, LLC v. Boston Pizza Restaurants, LP, No. 10-cv-941, 2011 WL 2551189 (W.D. Mich. 2011). Successfully enforced arbitration provision incorporated into parties' agreement.
Seminars & Speeches
- January 12, 2021
- December 16, 2020
- September 30, 2020
- July 8, 2020
- April 29, 2020
- Key Compliance Issues for 2019March 13, 2019
- January 24, 2019
- April 17, 2018
- Know the Enemy and Know Yourself - Five New Tactics in FLSA Disputes and five Ways to Prepare, 2011 Dykema Employment SeminarNovember 15, 2011
Publications
- November 25, 2020TLNT
- June 4, 2020HR Morning
- August 8, 2019Law360
- "The Chicken or the Egg: Mental Disability Caps Apply Regardless of Origin"June 27, 2018The Voice, DRI – The Voice of the Defense Bar, Volume 17, Issue 25
- "ABA Federal Labor Standards Committee Midwinter Report" (Chapter Editor)2018
- "Employment Law for Michigan Employers" (Chapter Editor)The Institute of Continuing Legal Education, 3rd Edition, 2017
- "The Developing Labor Law" (Contributing Editor)American Bar Association Treatise, Sixth Edition, 2016 Cumulative Supplement, Bloomberg BNA
- "Distinction Without Difference? Business Necessity v. Reasonable Factor Other Than Age Under the EEOC's New ADEA Regulations"Summer 2012Labor and Employment Law Notes, Vol. 22, No. 2, Labor and Employment Law Section, State Bar of Michigan
- "Parental Rights v. Parens Patriae: Determining the Correct Limitations on the Validity of Pre-Injury Waivers Effectuated by Parents on Behalf of Minor Children"2010Michigan State Law Review
News
- December 22, 2020
- December 17, 2020
- December 12, 2020
- December 9, 2020
- November 2, 2020
- September 10, 2020
- May 8, 2020
- June 5, 2018
- April 26, 2018
- Ferroli, Office Managing Member, Discusses Goals for Grand RapidsMarch 16, 2018
- March 17, 2016
Alerts
- December 17, 2020
- August 28, 2020
- May 19, 2020
- March 21, 2019
- April 4, 2018
- May 28, 2014
- May 15, 2012
- April 12, 2012
Press Releases
- September 18, 2020
- 18 Attorneys Earn “Lawyer of the Year” HonorsAugust 20, 2020
- August 22, 2019
- September 7, 2018
- February 13, 2018
- September 5, 2017
- September 1, 2016
- September 8, 2015
- September 2, 2014
- November 17, 2010
Blog Posts
- EEOC Issues Technical Assistance Regarding Vaccination and Anti-Discrimination Laws
- 10 Things You Should Know About the EEOC’s COVID-19 Guidance
- What Employers Need to Know About Michigan’s Latest Executive Order Protecting Workers
- Employer Considerations for Employee Return to Work
- A Timely Reminder: Employee Complaints About Working Conditions Are Protected
- Help Wanted in Michigan? Only Those 21 Years and Up Need Apply
- No Fooling – DOL Seeks to Limit Joint Employer Liability with New 4-Factor Test
- Silence Just Became More Expensive: Trump Tax Reform Requires Employers to Choose Between Tax Deduction and Confidentiality of #MeToo Settlements
- NLRB Refines Standard for Determining Joint Employer Status
- Sixth Circuit Affirms Limits on Employees’ Ability to be Paid for Minor Impositions Made During Meal Breaks
- OSHA Provides Interim General Guidance for Workers and Guidance for Workers in Fields at Increased Risk of Ebola Exposure
- Department of Labor Announces Proposal to Revise the Definition of “Spouse” Under the FMLA to Include Same-Sex Couples
- The 12 Days of Medical Leave: Dealing with FMLA Abuse Around the Holidays
- Mothers At Work – Does Your Business Have A Lactation Policy?
- Mortgage Bankers Can’t Get Sixth Circuit To Overturn Jury Verdict For Employer In Overtime Suit Over FLSA Administrative Exemption.
- Sixth Circuit Finds in Favor of Employer in FLSA Lawsuit When Plaintiff Failed to Report Missed Meals Pursuant to Employer Policy
- Court Rules That Collective Bargaining Agreements May Affect FMLA Eligibility
- NLRB Decision Finds Confidentiality Requirement A Violation of Section 7 Rights
- The "Honest Belief" Rule: A Process Oriented Defense
- EEOC Announces Revised Enforcement Guidelines for Use of Arrest and Conviction Records
- EEOC's New Age Discrimination Regulations Set To Go Into Effect April 30th
- Sixth Circuit Clarifies What It Means To Be Harassed At Work
Memberships & Involvement
- Grand Rapids Bar Association
- Federal Bar Association
Community/Civic Activities
- Frederik Meijer Gardens & Sculpture Park, Board of Directors, Chair of the Great Gardens Party Committee, and member of the Executive Committee
- Keystone Community Church, volunteer
- Legal Aid of Western Michigan, Pro Bono work
Awards & Recognition
Selected to Michigan Lawyers Weekly “Up & Coming Lawyers” Class of 2020
Recognized in The Best Lawyers in America® for Employment Law - Management, 2021. Copyright 2015 by Woodward/White, Inc., Aiken, SC
Recognized in Michigan Super Lawyers® as a Rising Star for Employment Litigation: Defense, and Employment & Labor: Employer, 2014-Present