Amy J. Traub

Partner

New York
T +1.212.589.4248
F +1.212.589.4201

"[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 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 health care 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 the Employment Group Coordinator for the New York office and Co-leader of the national Wage and Hour team. 

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 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. Recent experience includes advising, among other clients, a leading specialty hospital in New York, a national staffing company and a home infusion company.
  • 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. Current experience includes advising, among other clients, a national freights and logistics company and a national hotel management company.
Litigation Experience
  • Serves as designated outside counsel for a number of clients, including, among others, a staffing agency, a hospital system, a home infusion care company and several retail 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 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. Recent experience includes advising, among other clients, a leading specialty hospital in New York, a national staffing company and a home infusion company.
  • 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. Current experience includes advising, among other clients, a national freights and logistics company and a national hotel management company.
  • 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.
Litigation Experience
  • Serves as designated outside counsel for a number of clients, including, among others, a staffing agency, a hospital system, a home infusion care company and several retail 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 also 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.
  • Is lead counsel for a health plan provider in connection with a lawsuit filed by the EEOC on behalf of former employees accusing the client of religious discrimination.
  • Representing a health company in a case of first impression regarding alleged religious discrimination centering on a voluntary communications program offered in the workplace.
  • Representing a securities company in a putative class action alleging wage and hour violations currently on appeal. Will argue that a 26-year-old appellate division case should be overturned.
  • Represented a major food company in a Fair Credit Reporting Act putative class action case, successfully obtaining dismissal of all claims.

Recognitions and Memberships

Recognitions

  • Chambers USA: Labor and Employment in New York (2012 to 2017)
  • BTI Client Service All-Star (2016)
  • New York Metro "Super Lawyer" (2013 to 2017)

Industries

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 Semfinalist, Jessup International Moot Court Competition
  • B.A., State University of New York at Albany, 1996

Blog

In The Blogs

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Employment Law Spotlight
DOL Overtime Regulations: The End of an Era
By Amy J. Traub
September 6, 2017
At least once a week we get a call from a client inquiring about the status of the new salary threshold overtime regulations. We have an update, and the news is good for employers! By way of background, on May 23, 2016, the U.S. Department...
Read More ->
Employment Law Spotlight
Second Circuit Lowers Causation Standard for Employees Alleging FMLA Violations
By Amy J. Traub
July 26, 2017
Last week, the Second Circuit joined the Third Circuit in lowering the causation standard in evaluating alleged Family and Medical Leave Act (FMLA) violations against employers. Under a lower “motivating factor” standard established in...
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Employment Law Spotlight
Update Regarding New York's Paid Family Leave Law (Effective Jan. 1, 2018)
By Amy J. Traub
July 10, 2017
As we reported previously to New York recently joined several other states that offer paid family leave benefits for employees. Effective Jan. 1, 2018, the New York Paid Family Leave Law (PFLL) will provide eligible employees with eight...
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Employment Law Spotlight
Hope for Employers on the Wage and Hour Front: The Department of Labor Brings Back Opinion Letters
By Amanda Van Hoose Garofalo, Amy J. Traub
June 29, 2017
Given the exponential uptick in wage and hour lawsuits during the Obama administration and the United States Department of Labor’s (DOL’s) continuing aggressive enforcement of wage and hour laws, many employers have felt the risk of a...
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Employment Law Spotlight
New Year, New Minimum Wage (Orders) in New York
By Amanda Van Hoose Garofalo, Amy J. Traub
January 3, 2017
As most employers are likely aware, effective Dec. 31, 2016, new minimum wages went into effect in New York. The rates vary for employers, depending on size and location. For those who may have missed this change, the new minimum wages are...
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