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About me

Mitchell D. Benjamin was born and raised in New York City. He focuses primarily on the practice areas of  wage and hour law. He has represented over a thousand employees in a variety of employment related disputes, including unpaid overtime and minimum wages, sexual harassment, discrimination claims based on race, age, gender, national origin, or disability, and retaliation cases in both the state and federal courts.

He is, first and foremost, concerned with the unique interests of each individual or union which comes to him for help. In addition to litigating employee claims, he uses his mediation skills to resolve claims by settlement and agreement when possible. Many employment matters do not need to be litigated at all. In fact, much of Mr. Benjamin's employment law experience is put to use by negotiating settlements and severance packages for employees in Atlanta and throughout Georgia. However, Mr. Benjamin will aggressively litigate cases in court when necessary.

A significant portion of Mr. Benjamin's practice consists of representing executives in the negotiation of severance packages with both private and publicly held companies.

Mr. Benjamin frequently represents public safety officers, such as police, firefighters, Emergency Medical Technicians and paramedics in overtime cases brought under the Fair Labor Standards Act ("FLSA") as well as handling their grievances, appeals and civil service hearings. Mr. Benjamin also represents the Firefighter Unions in  Fulton, Dekalb, Cobb and Coweta counties.

In 2008, Mr. Benjamin represented over 600 City of Atlanta police officers in an overtime lawsuit resulting in a settlement of $7,500,000. Mr. Benjamin has also been hired by proactive businesses and public entities to review their overtime and wage policies and make recommendations to bring them into compliance of the law before they are sued.

 Admitted to practice in New York in 1994 and in Georgia in 1996, Mr. Benjamin is a 1993 cum laude graduate of the Benjamin N. Cardozo School of Law in New York City. He obtained his undergraduate degree from the State University of New York at Stony Brook in 1989, where he was a member of the National Political Science Honor Society. Mr. Benjamin was elected to the Board of Directors for the National Employment Lawyers Association - Georgia (NELA-GA) in 2004 and was elected as Treasurer for NELA-GA in both 2005 and 2006. He has also been a guest on The Layman's Lawyer on PBS.


Practice areas


  1. Employment: 90%
    22 years, 400 cases
  2. Contracts: 10%
    22 years, 30 cases



Contingent (75-85%)

Payment types:

Cash, Check, Credit card

Attorney endorsements

3 total 

Are you an attorney? Endorse this lawyer

  • Teresa Saggese Mills

    Mitch is an inspiration. As a fellow employment law practitioner, his insight, experience and expertise are highly valued. Mitch is well-regarded by his peers and clients alike. I highly endorse this attorney.


    Teresa Mills Discrimination Attorney
    Relationship: Fellow lawyer in community

  • Dean Richard Fuchs

    I endorse and highly recommend this lawyer. Mr. Benjamin is one of the premier employment attorneys in Georgia, particularly in the area of wage and hour law. He has a lot of experience in this field, including handling collective actions.


    Dean Fuchs Employment and labor Attorney
    Relationship: Fellow lawyer in community

Contact info

DeLong, Caldwell, Bridgers, Fitzpatrick & Benjamin LLC

3100 Centennial Tower
101 Marietta Street, NW
Atlanta, GA, 30303


GAActive Member in Good Standing 199608/05/2016
NYCurrently registered 199407/10/2016
We have not found any instances of professional misconduct for this lawyer.
Avvo contributions
Legal answers
Association namePosition nameDuration
National Employment Lawyers Association (Georgia chapter)Member2003 - Present
National Employment Lawyers Association (Georgia chapter)Treasurer2005 - 2006
National Employment Lawyers Association (Georgia chapter)Member of Board2004 - 2005
School nameMajorDegreeGraduated
Yeshiva University, Benjamin N. Cardozo School of LawLawJD - Juris Doctor1993
State University of New York, Stony BrookPolitical ScienceBA - Bachelor of Arts1989