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Martindale-Hubbell AV Preeminent 2022 badge Client Champion Silver, 2022

Mitchell D. Benjamin


Mitchell Benjamin is a partner at DeLong, Caldwell, Bridgers, Fitzpatrick, & Benjamin, LLC with 28 years of experience. Mitchell was born and raised in New York City and began his practice in NYC.

Mitchell focuses primarily on the practice areas of wage and hour law and commercial litigation. He has represented over a thousand employees in various employment-related disputes involving retaliation, unpaid overtime, minimum wages, sexual harassment, and discrimination claims based on race, age, gender, national origin, and disability in both the state and federal courts.

He is dedicated to the unique interests of each individual, business, and union that comes to him for help. Mitchell applies his mediation skills to resolve claims by settlement and agreement when possible. However, he is ready to aggressively litigate cases in court when necessary to achieve justice.

Mitchell frequently represents public safety officers — such as police, firefighters, corrections officers, emergency medical technicians, and paramedics — in overtime cases brought under the Fair Labor Standards Act (FLSA). In addition to handling their grievances, appeals, and civil service hearings. He also represents firefighter unions in the Georgia counties of Fulton, DeKalb, Cobb, Rockdale, and Coweta. In 2008, Mitchell represented more than 600 City of Atlanta police officers in an overtime lawsuit, resulting in a $7,500,000 settlement. In 2013, Mitchell won a $2.6 million jury verdict in a single employee race discrimination case. Mitchell holds an AV / Preeminent rating from the Martindale-Hubbell Law Directory and has been selected as a Georgia Superlawyer.

Because of his extensive knowledge of labor laws, several proactive businesses and public entities have retained Mitchell’s services to review their overtime and wage policies for compliance issues and to recommend important changes.

Mitchell has appeared as a guest on The Layman’s Lawyer on PBS.


  • Benjamin N. Cardozo School of Law, Yeshiva University, J.D., cum laude, 1993
  • State University of New York at Stony Brook, B.A., 1989
  • National Political Science Honor Society

Bar admissions

New York, 1994
U.S. District Court, Southern and Eastern Districts of New York, 1994
Georgia, 1996
U.S. District Court, Middle and Northern Districts of Georgia, 1997
Georgia Court of Appeals, 2015

Professional memberships & affiliations

  • National Employment Lawyers Association, Georgia chapter (NELA-GA)
  • Board of directors, 2004
  • Treasurer, 2005 and 2006