Patrick M. Muldowney

Partner

Orlando
T 407.649.4002  |  F 407.841.0168
"Pat is exceptional - he's probably one of the best I've ever seen or worked with. An exceptional lawyer and a really good person."
— Chambers USA 2014

Pat Muldowney advises and represents private- and public-sector management clients in connection with traditional labor and employment law issues. Pat's nationwide practice includes the defense of employers in class/collective actions, as well as in lawsuits filed by individual plaintiffs and administrative actions filed with the National Labor Relations Board, U.S. Equal Employment Opportunity Commission, and Florida Commission on Human Relations. Dedicated to assisting his clients, whether in litigation or in need of advice, Pat places a high premium on responsiveness and practices with a sensitivity to clients' business needs.

In addition to his busy law practice, Pat is an adjunct professor at Rollins College, where he teaches a course on labor and employment law in the Master of Human Resources program.

Select Experience

  • Defended Florida-based insurance company in putative collective action under the Fair Labor Standards Act concerning alleged misclassification of marketing employees filed in federal court in Tampa. Obtained summary judgment in favor of client and secured affirmance of district court’s decision before the U.S. Circuit Court of Appeals, Eleventh Circuit.
  • Served as first chair in federal jury trial involving claim of disability discrimination against publicly traded home healthcare company. Secured jury verdict in favor of client after four-day trial, with jury deliberation lasting only 20 minutes.
  • Negotiated initial and successor collective bargaining agreements for two separate units of nationally known ambulance company. Assisted client’s negotiating team in formulating management proposals and responding to issues raised by union’s bargaining team during negotiations.
  • Assisted major professional sports franchise in well-publicized changeover of its coaching and front office staff. Worked with senior management to assist with exit of existing personnel and prepared and negotiated employment agreements for new executives and staff.
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Experience

  • Defended Florida-based insurance company in putative collective action under the Fair Labor Standards Act concerning alleged misclassification of marketing employees filed in federal court in Tampa. Obtained summary judgment in favor of client and secured affirmance of district court’s decision before the U.S. Circuit Court of Appeals, Eleventh Circuit.
  • Served as first chair in federal jury trial involving claim of disability discrimination against publicly traded home healthcare company. Secured jury verdict in favor of client after four-day trial, with jury deliberation lasting only 20 minutes.
  • Negotiated initial and successor collective bargaining agreements for two separate units of nationally known ambulance company. Assisted client’s negotiating team in formulating management proposals and responding to issues raised by union’s bargaining team during negotiations.
  • Assisted major professional sports franchise in well-publicized changeover of its coaching and front office staff. Worked with senior management to assist with exit of existing personnel and prepared and negotiated employment agreements for new executives and staff.

Recognitions

  • Muldowney, Patrick MChambers USA: Labor & Employment in Florida (2011 to 2014)
  • The Best Lawyers in America© (2008 to 2015)
    • Orlando: Employment Law – Management
    • Orlando: Labor Law – Management
    • Orlando: Litigation – Labor & Employment
  • Florida Trend "Legal Elite"
  • Orlando Magazine "Orlando’s Best Lawyers"
  • Florida "Super Lawyer" (2007 to 2014)
  • Martindale-Hubbell: AV Preeminent

Services

Industries

Emerging Issues

Admissions

  • U.S. Supreme Court, 2008
  • U.S. Court of Appeals, District of Columbia Circuit, 2006
  • U.S. Court of Appeals, Eleventh Circuit, 1996
  • U.S. District Court, Northern District of Florida, 1998
  • U.S. District Court, Southern District of Florida, 1995
  • U.S. District Court, Middle District of Florida, 1994
  • U.S. District Court, Eastern District of New York, 1989
  • U.S. District Court, Southern District of New York, 1989
  • Florida, 1993
  • New York, 1988

Education

  • J.D., New York University School of Law, 1987
  • B.A., Columbia University, 1984, History, cum laude, Phi Beta Kappa

Blog

In The Blogs

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Employment Law Spotlight
OSHA Expands Employers’ Reporting Requirements for Work-Related Injuries and Fatalities
October 19, 2014
On Sept. 11, 2014, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) announced revisions to its rule that requires employers to notify OSHA when employees suffer a work-related hospitalization or...
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Employment Law Spotlight
Conservative Kansas Joins the Liberal Ninth Circuit in Rejecting the Independent Contractor Classification of Delivery Drivers
October 16, 2014
Editor’s Note: This blog post is a joint submission with BakerHostetler’s Employment Class Action Blog. Last month we blogged about two Ninth Circuit opinions that deemed FedEx Ground drivers to be employees rather than independent...
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Employment Law Spotlight
Court Dismisses EEOC’s Attack on Severance Agreements, But Not on the Merits
By Todd H. Lebowitz
October 13, 2014
The EEOC’s lawsuit against CVS, which alleged that the company’s severance agreements were impermissibly restrictive, has been dismissed, but not for the reasons employers would have hoped. EEOC v. CVS Pharmacy, Inc., No. 1:14-cv-863 (N.D...
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Employment Law Spotlight
NLRB Adopts New Test for Independent Contractor Misclassification, Applies it to Find FedEx Drivers are Employees Who Can Unionize
By Todd H. Lebowitz
October 10, 2014
The NLRB has tossed a new vegetable into the enormous salad of independent contractor misclassification tests. As companies might expect, the new vegetable smells rotten. Companies who wish to analyze whether their non-employee workers are...
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Employment Law Spotlight
Update: NLRB’s Facebook “Like” Case Headed to Court
September 16, 2014
As we recently reported, the National Labor Relations Board found that Triple Play Sports Bar and Grille (“Triple Play”) had unlawfully discharged an employee because he had “liked” a former co-worker’s negative comment about the employer...
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