Barbara E. Hoey. Practice Areas. Overview

Transcription

1 Shareholder 900 Third Avenue New York, NY main: (212) direct: (212) fax: (212) Practice Areas Complex Litigation and Jury Trials Healthcare Discrimination and Harassment Leaves of Absence and Disability Accommodation Whistleblowing and Retaliation Overview Barbara Hoey, a shareholder in Littler Mendelson's New York office, is a member of the Jury Trial, Healthcare and Whistleblower and Retaliation practice groups. Barbara has more than two decades of experience counseling her clients in all areas of employment law, and then representing them in single-plaintiff and class action litigation. She has litigated and won more than a dozen jury and bench trials involving claims arising under: Title VII The Americans with Disabilities Act The False Claims Act New York State Whistleblower Law The Fair Labor Standards Act The Age Discrimination in Employment Act Barbara has also litigated cases concerning breach of non-compete contracts and theft of trade secrets. She appears regularly in state and federal courts and before the federal and state human rights agencies. Some of Barbara's notable litigation successes include: A $7 million verdict on behalf of a multinational corporation, asserting claims of breach of a non-compete contract and violation of the Lanham Act A defense verdict for a hospital accused of terminating its Director of Risk Management for whistleblowing A jury verdict for the defendant in a Title VII litigation, in which the plaintiff alleged race discrimination, wrongful termination, racial harassment and retaliation The dismissal of a class action lawsuit alleging violations of the FLSA and New York state labor laws 1

2 Barbara advises clients on compliance with employment laws and providing strategies for handling today's endless variety of workplace issues and compliance with the increasing array of employment laws and through difficult employment challenges, like managing difficult terminations, oversight of internal investigations, and compliance with disability discrimination laws. She has notable expertise working with healthcare and telecommunication companies, as well as universities and nonprofit entities. Recognition Named, Super Lawyer - New York, Named, America's Leading Lawyers for Business - Chambers USA, Member, Editorial Advisory Board, Employment Law360 Member, Corporate Circle - National Council for Research on Women Education J.D., Fordham University School of Law, cum laude B.A., State University of New York at Albany, magna cum laude Bar Admissions New York Courts U.S. Court of Appeals, 2nd Circuit U.S. Court of Appeals, 3rd Circuit U.S. District Court, Eastern District of New York U.S. District Court, Southern District of New York U.S. District Court, Northern District of New York Publications & Press March 24, 2013 Barbara E. Hoey: Unemployed law works against business Crain's New York Business March 21, 2013 Second Circuit Holds That Whether On-Time Attendance Is an Essential Function Is a Fact-Based Determination March 15, 2013 NYC's Jobless Face Uphill Battle In Proving Hiring Bias Law360.com 2

3 March 14, 2013 NYC's New Law To Help The Unemployed Could Backfire Business Insider March 14, 2013 Lawsuits feared from new unemployment law Crain s New York Business February 6, 2013 Proposed New York City Law Would Be First in Nation to Provide a Private Right of Action for Discrimination Against the Unemployed November 9, 2012 Considerations for New York Employers in the Wake of Hurricane Sandy October 29, 2012 Two Federal Courts Issue Expansive Interpretations of the Dodd-Frank Act's Whistleblower Definition ABA Business Law Today January 13, 2012 Tenth Circuit Holds Employee's Migraines Not a Disability Under ADA July 1, 2011 Dodd-Frank and The SEC Final Rule: From Protected Employee to Bounty Hunter Littler Report June 27, 2011 Chambers USA Honors Littler And Its Attorneys Littler Press Release April 21, 2011 New York s Wage Law Gives Workers More Ammo Law360.com March 7, 2011 Preventing Violence in the Workplace When the Company Calls 911 Bloomberg Finance January 7, 2011 Lame Duck Reform: New York's Wage Theft Prevention Act 3

4 October 12, 2010 Barbara Hoey Interviewed on Workplace Discrimination by Bloomberg Law Bloomberg Law June 21, 2010 Littler Attorneys Honored by Chambers USA Littler Press Release May 27, 2010 One of Largest Jury Verdicts in Gender Discrimination Class Action Awarded What Lessons Can Be Learned May 20, 2010 Littler Mendelson Welcomes Prominent New York Litigator Barbara E. Hoey Littler Press Release October 5, 2009 How to Lawfully Prevent Workplace Violence Employment Law360 September 2009 Employment Testing After Ricci: Where Do We Go from Here? BNA Workplace Law Report June 30, 2009 New Restrictions on Mandatory Overtime for Nurses June 16, 2009 FERA Enactment Brings Important Changes to the False Claims Act March 13, 2009 Senator Grassley Introduces S. 458, the False Claims Act Clarification Act of 2009 March 2009 Disability Law: ADA Amendments Broaden Protections for Employees New York Law Journal February 23, 2009 Labor and Employment Law in 2009 The Year of Change February 3, 2009 The Lilly Ledbetter Fair Pay Act: What Does It Mean For Your Business? 4

5 January 2009 Age Discrimination: How the Supreme Court Has Made Layoffs Even More Challenging HRNow December 10, 2008 New York Employers, Be Fore-WARNed November 2008 Discrimination-Disability: President Bush Signs ADA Amendments Act, Greatly Expanding Number of Employees Protected Against Disability Discrimination Bloomberg Law Reports November 2008 Layoffs Ahead? Do it Right Law360 October 30, 2008 Layoffs Ahead? Be Smart. Be Strategic. Do It Right. October 23, 2008 President Bush Signs ADA Amendments Act, Greatly Expanding the Number of Employees Protected Against Disability Discrimination August 2008 Pornography and the Hostile Work Environment GC New York July 30, 2008 Are Employers Now Expected to "Read the Minds" of Disabled Employees? May 22, 2008 The Genetic Information Nondiscrimination Act March 2008 NLRB Ruling Allows Restrictions on Union Use of Company GC New York February 6, 2008 New Amendment to FMLA Expands Employees' Leave Rights January 28, 2008 Pause, Rewind and Fast-forward: Employment Law January 8, 2008 NLRB Rules that Employers Can Bar Union Use of Employer Systems 5

6 January 2008 Q&A for Section on High-Profile Labor & Employment Lawyers Employment Law360 December 2007 Smart Steps Toward Compliance with New Commission Salesperson Law in New York Complinet November 28, 2007 Smart Steps Toward Compliance with New Commission Salesperson Law in New York November 2007 Interviewed for "The Welch Case: Focusing on 'Protected Activity' Metropolitan Corporate Counsel September 2007 Defining 'Protected Activity' Under SOX' Employment Law360 May 2007 Conducting Internal Investigations: A Step-by-Step Guide Human Resources 2007: Answers To Your Top 25 HR Questions March 7, 2007 Workers' Comp Bill Will Save Employers Money And Crack Down on Fraud February 5, 2007 Beware the Pitfalls of the FLSA Speaking Engagements May 10, 2012 Employment Law Update The 2012 Executive Employer Conference, Littler Mendelson, Scottsdale, AZ May 9, 2012 Conducting Lawful Investigations: The First 72 Hours The 2012 Executive Employer Conference, Littler Mendelson, Scottsdale, AZ September 22, 2011 The 2011 Health Care Summit Littler Mendelson, Pittsburgh, PA 6

7 September 15, 2011 Managing Sensitive Internal Investigations How to Get the Facts / Assess Risk / Minimize Damage to Your Organization September 13, 2011 Japanese Companies & U.S. Employment Law Liability: How to Avoid Court and Stay Out of the Headlines June 8, 2011 The 2011 Littler Health Care Summit June 2011 Top Issues Affecting Health Care Employers in 2011 New York Association of Home Care Services for the Aged March 23, 2011 Defensive Writing Skills: and Social Networking October 20, 2010 The Rising Tide of Retaliation and Whistleblower Claims: What It Means for Employers November 5, 2009 SOX Whistleblower Overview October 29, 2009 You Protecting Your Assets? CLE Seminar October 27, 2009 and November 11, 2009 FLSA Self-Defense - How to Avoid Overtime Litigation Holtz Rubenstein Reminick's Semi-Annual Not-For-Profit Fiscal Workshop June 17, 2009 Technology In Your Workplace: Monitoring Use and Preventing Abuse by Your Employees SPI's Business of Plastics Conference June 17, 2009 Internal Investigations: Doing It Right and Staying Out of the Headlines SPI's Business of Plastics Conference 7

8 June 11, 2009 How To Reduce Payroll Costs: Layoffs Aren't Always the Answer CLE Seminar April 14, 2009 'R E S P E C T' In The Workplace: How You Can Help Your Company Avoid Harassment Claims March 9, 2009 HR Issues in 2009, the Year of 'Change' June 3, 2008 Legal Obligations to Disabled Employees: The FMLA, ADA and WC Blog Posts February 7, 2012 Virginia Federal Court Finds Hospital Not Required to Accommodate ER Nurse s Lifting Restrictions Healthcare Employment Counsel January 7, 2011 Lame Duck Reform: New York's Wage Theft Prevention Act Wage & Hour Counsel 8