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

Amy Traub is an experienced employment litigator and advisor, focusing her practice on the management side of employment law matters for clients in all industries, with a particular focus on the healthcare and retail industries. She informs her clients of the risks involved in a particular situation, and, ever mindful of business practicalities, Amy 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 accommodation, 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 in such capacity.
  • 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 on such concerns.
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 accommodation, 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 in such capacity.
  • 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 on such concerns.
  • 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 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 New York State Supreme Court.
  • 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 around 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

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

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 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
New York Appellate Court Declines to Enforce Noncompetes Against Employees Terminated Without Cause
February 14, 2017
A recent decision by the New York Supreme Court, Appellate Division for the First Department, Buchanan Capital Markets, LLC v. DeLucca, 144 A.D.3d 508 (1st Dep’t. 2016), suggests that noncompetition restrictions against employees who have...
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Employment Law Spotlight
Joint Employment Update: What’s The Status of Browning-Ferris and the NLRB?
January 30, 2017
In August 2015, the NLRB rewrote the book on joint employment, declaring in the Browning-Ferris case that the right to exercise minimal control, even if not actually exercised, was enough to create a joint employment relationship. (Read...
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Employment Law Spotlight
Probationary Periods: A Window Worth Closing
January 10, 2017
Probationary periods are a tool long used to test the viability of job candidates. They can provide a window into an employee’s suitability and qualifications for a position. In an economy that continues to have high unemployment, recent...
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Employment Law Spotlight
New Year, New Minimum Wage (Orders) in New York
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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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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