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Amy J. Traub

Partner

New York
T +1.212.589.4248
F +1.212.589.4201
atraub@bakerlaw.com
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"[Amy] tends to strategize with us from a business angle, blending her knowledge of the law with the business."

— Chambers USA 2015

Overview

Amy Traub is Chair of BakerHostetler’s national Labor and Employment Group. She is an experienced employment litigator and adviser, focusing her practice on the management side of employment law matters for clients in all industries, with a particular focus on the healthcare, hospitality, and retail industries. She informs her clients of the risks involved in a particular situation and, ever mindful of business practicalities, ensures that the resolutions she proposes accommodate the inner workings of her clients' businesses.

Amy is ranked in Chambers USA: America's Leading Lawyers for Business as a leader in the field of Labor and Employment, where she has been described as being "very good at seeing all sides of things and discussing the risks in a way that is very easy for someone who's not a lawyer to understand" (Chambers USA 2015). Amy is also recognized as a New York Metro Area "Super Lawyer."

Select Experience

Advice and Counsel Experience
  • Provides ongoing advice and counsel to companies of all sizes. Advises chief executives, human resources and legal departments on all aspects of the employer-employee relationship, including discrimination; harassment; retaliation; leaves of absence; religious and disability accommodations; background check processes and forms; and compliance with employment laws. Counsels clients on termination and restructuring efforts, including New York WARN Act compliance and related issues.
  • Counsels clients related to federal and state wage and hour concerns, including misclassification of employees; meal and rest periods; off-the-clock work; interns; rounding practices; tip pools; and other wage laws. Conducts wage and hour audits for clients across variety of industries, including healthcare, hospitality and retail.
Litigation Experience
  • Serves as designated outside employment law counsel for a number of clients with respect to federal, state and city agency complaints, and federal and state lawsuits involving all manner of employment disputes.
  • Successfully represented a hospital employer in a federal lawsuit brought by a former employee concerning the classification of the employee's position, obtaining summary judgment.
More »

Experience

Advice and Counsel Experience
  • Provides ongoing advice and counsel to companies of all sizes. Advises chief executives, human resources and legal departments on all aspects of the employer-employee relationship, including discrimination; harassment; retaliation; leaves of absence; religious and disability accommodations; background check processes and forms; and compliance with employment laws. Counsels clients on termination and restructuring efforts, including New York WARN Act compliance and related issues.
  • Counsels clients related to federal and state wage and hour concerns, including misclassification of employees; meal and rest periods; off-the-clock work; interns; rounding practices; tip pools; and other wage laws. Conducts wage and hour audits for clients across variety of industries, including healthcare, hospitality and retail.
  • Works with human resources, legal and compliance departments to ensure compliance with employment policies and procedures. Prepares and modifies employee handbooks and policies, and drafts and negotiates employment, separation and restrictive covenant agreements. Trains managers, employees, human resources professionals and members of legal departments on employment laws and requirements. Conducts audits of human resources policies, practices and procedures.
Litigation Experience
  • Serves as designated outside employment law counsel for a number of clients with respect to federal, state and city agency complaints, and federal and state lawsuits involving all manner of employment disputes.
  • Successfully represented a hospital employer in a federal lawsuit brought by a former employee concerning the classification of the employee's position, obtaining summary judgment.
  • Successfully defeated federal disability discrimination litigation involving the Family and Medical Leave Act.
  • Successfully defended a staffing company against charges brought by the Equal Employment Opportunity Commission (EEOC) regarding concerns of discrimination.
  • Successfully represented multiple international retailers in putative nationwide collective wage and hour actions, in which salaried store managers alleged they were misclassified as exempt.
  • Representing multiple clients in a variety of industries in federal and state putative class action lawsuits alleging numerous wage and hour violations.
  • Successfully defeated contract claims by a former employee of a religious organization on the basis of the ministerial exception in a matter of first impression case in the Supreme Court of the State of New York.
  • Lead counsel for a health plan provider in connection with a religious discrimination enforcement action brought by the EEOC on behalf of former employees.
  • Representing a health company in a case of first impression regarding alleged religious discrimination centering on a voluntary communications program offered in the workplace.
  • Represented a major food company in a Fair Credit Reporting Act putative class action case, successfully obtaining dismissal of all claims.
  • Successfully mediates and negotiates settlements in a wide variety of single-plaintiff and class action cases.
  • Representing large hospital system in connection with 19 cases filed against it pertaining to mandatory vaccine requirements.

Recognitions and Memberships

Recognitions

  • The Legal 500 United States (2018 to 2019)
    • Recommended in Labor and Employment Disputes (including collective actions): Defense
  • Chambers USA: Labor and Employment in New York (2012 to 2019)
    • Band 4 (2014 to 2019), Up & Coming (2012 to 2013)
  • BTI Client Service All-Star (2016)
  • New York Metro "Super Lawyer" (2013 to 2019)

Memberships

  • New York University School of Law, Center for Labor and Employment Law: Board of Advisors (2020)

News

News

Press Releases

Publications

Alerts

Articles

Blog Posts

Events

Services

Industries

Emerging Issues

Admissions

  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Western District of New York
  • New York
  • Georgia

Education

  • J.D., University of Richmond School of Law, 2000; Manuscripts Editor, University of Richmond Law Review; Winner, McNeill Law Society Writing Competition; Regional Semifinalist, Jessup International Moot Court Competition
  • B.A., State University of New York at Albany, 1996

Blog

In The Blogs

Previous Next
Employment Law Spotlight
New York State Passes Statewide Paid Sick Leave Related to COVID-19
By Saima Z. Sheikh, Amy J. Traub
March 19, 2020
Last night, Governor Andrew Cuomo of New York signed a bill into law that provides statewide paid sick leave related to the COVID-19 pandemic to employees in order “to address the immediate need of employees affected by COVID-19 who are...
Read More ->
Employment Law Spotlight
New York City Extends NYCHRL Employment Protections to Freelancers and Independent Contractors
By Amy J. Traub
November 18, 2019
On Oct. 13, 2019, New York City enacted Int. 136-A (the Law), expanding the employment protections of the New York City Human Rights Law (NYCHRL) to freelancers and independent contractors. The Law will take effect on Jan. 11, 2020. The...
Read More ->
Employment Law Spotlight
NYC Releases Anti-Harassment Training Video
By Amanda Van Hoose Garofalo, Amy J. Traub
April 16, 2019
As discussed in our New York Quarterly Newsletters, employers in New York City who have 15 or more employees (inclusive of independent contractors) are required to provide anti-sexual harassment training on or before December 31, 2019 to...
Read More ->
Employment Law Spotlight
The DOL's Highly Anticipated Rule to Increase the Minimum Salary Threshold for Overtime Exemptions is Officially Open for Public Comment
By Ashlee C. Grant , Amy J. Traub
March 22, 2019
On March 22, 2019, the DOL announced the official publication of its Notice of Proposed Rulemaking in the Federal Registrar and the commencement of the 60-day period for public comments. All public comments on the proposed new rule must be...
Read More ->
Employment Law Spotlight
New York State Sexual Harassment Guidance Finalized
By Amanda Van Hoose Garofalo, Amy J. Traub
October 2, 2018
UPDATE – On Oct. 1, 2018, the state of New York released final guidance on the anti-sexual harassment measures that were passed in the 2018-2019 New York state budget. Perhaps the most important (and welcomed) change in the guidance is...
Read More ->

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