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
Predictable Schedules – A Right, Not a Privilege, in NYC Fast Food and Retail Industries
October 16, 2017
Earlier this year, New York City signed into law the “Fair Work Week” legislative package, which aspires to ensure more predictable schedules and paychecks for fast food and retail workers by setting restrictions on how and when their...
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Employment Law Spotlight
DOL Overtime Regulations: The End of an Era
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...
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Employment Law Spotlight
Second Circuit Lowers Causation Standard for Employees Alleging FMLA Violations
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
Massachusetts Supreme Court Holds Employee Can Pursue State Law Disability Discrimination Claim for Failure to Accommodate Off-Duty Use of Medical Marijuana
July 23, 2017
On July 17, 2017, the Massachusetts Supreme Judicial Court concluded that an employee could sue her employers for state law disability discrimination for failing to accommodate her use of medical marijuana after she failed to pass a drug...
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Employment Law Spotlight
Understanding the New Overtime Regulations
By Amy J. Traub
May 18, 2016
Today, the U.S. Department of Labor (“DOL”) issued the final version of the much-anticipated new Fair Labor Standards Act (“FLSA”) regulations regarding the salary threshold for exempt employees. This post provides employers with insight...
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