Patrick M. Muldowney

Partner

Orlando
T +1.407.649.4002
F +1.407.841.0168

"Pat is exceptional at what he does...He is truly an extension of our team and we feel very fortunate to work with him."

— Chambers USA 2018

Overview

Pat Muldowney advises and represents private- and public-sector management clients in connection with traditional labor and employment law issues. A significant part of Pat's nationwide practice includes the defense of employers in class/collective actions. He also has defended clients before the National Labor Relations Board, U.S. Equal Employment Opportunity Commission and Florida Commission on Human Relations. Additionally, Pat provides legal advice to clients relating to their dealings with unions. Dedicated to assisting his clients in all aspects of litigation or general counsel, Pat places a high premium on responsiveness and practices with a sensitivity to his clients' business needs.

In addition to having a 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 a Florida-based insurance company in a putative collective action filed in federal court in Tampa under the Fair Labor Standards Act concerning alleged misclassification of marketing employees. Obtained summary judgment in favor of our client and secured affirmance of the district court's decision before the U.S. Circuit Court of Appeals, Eleventh Circuit.
  • Defended internationally-known provider of airport ground services and air cargo handling with respect to series of collective actions brought in federal courts in New York and Florida by airplane fuelers claiming failure to pay for all time worked. Specifically, the plaintiffs claimed that they were not paid for time worked at the beginning or end of their shifts, or for time worked during scheduled meal breaks. Secured favorable class settlements for client, while also obtaining summary judgment for client on spin-off misclassification cases.
  • Successfully argued before the Florida Supreme Court that referral sources in the home healthcare industry can be protected legitimate business interests under the state non-compete statute.
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Experience

  • Defended a Florida-based insurance company in a putative collective action filed in federal court in Tampa under the Fair Labor Standards Act concerning alleged misclassification of marketing employees. Obtained summary judgment in favor of our client and secured affirmance of the district court's decision before the U.S. Circuit Court of Appeals, Eleventh Circuit.
  • Defended internationally-known provider of airport ground services and air cargo handling with respect to series of collective actions brought in federal courts in New York and Florida by airplane fuelers claiming failure to pay for all time worked. Specifically, the plaintiffs claimed that they were not paid for time worked at the beginning or end of their shifts, or for time worked during scheduled meal breaks. Secured favorable class settlements for client, while also obtaining summary judgment for client on spin-off misclassification cases.
  • Successfully argued before the Florida Supreme Court that referral sources in the home healthcare industry can be protected legitimate business interests under the state non-compete statute.
  • Served as first chair in a federal jury trial involving a claim of disability discrimination against a publicly traded home healthcare company. Secured a jury verdict in favor of our client after a four-day trial, with jury deliberation lasting only 20 minutes.
  • Defended large Florida-based client in state-court jury trial involving claim of national origin discrimination. Secured defense verdict after two and a half-day trial, with the jury deliberating for less than one hour.
  • Negotiated initial and successor collective bargaining agreements for two separate units of a nationally known ambulance company. Assisted the client's negotiating team in formulating management proposals and responding to issues raised by the union's bargaining team during negotiations.
  • Assisted a major professional sports franchise in a well-publicized changeover of its coaching and front-office staff. Worked with senior management to assist with the exit of existing personnel and prepared and negotiated employment agreements for new executives and staff.
  • Represents public and private colleges and universities in connection with both employment- and education-related matters.

Recognitions and Memberships

Recognitions

  • Chambers USA: Labor & Employment in Florida (2011 to 2019)
    • Band 2 (2016 to 2018), Band 3 (2014 to 2015, 2019), Band 4 (2011 to 2013)
  • The Legal 500 United States (2016 to 2019)
    • Recommended in Intellectual Property - Trade Secrets (litigation and non-contentious matters) (2019)
    • Recommended in Labor and Employment Disputes (including collective actions): Defense (2019)
    • Recommended in Labor and Employment: Labor-management relations (2016 to 2019)
  • The Best Lawyers in America© (2008 to Present)
    • Florida: Employment Law – Management
      • Best Lawyers® "Lawyer of the Year" (2019)
    • Florida: Labor Law – Management
      • Best Lawyers® "Lawyer of the Year" (2020)
    • Florida: Litigation – Labor & Employment
  • Florida Trend "Legal Elite"
  • Orlando Magazine "Orlando’s Best Lawyers"
  • Florida "Super Lawyer" (2007 to 2019)
  • Martindale-Hubbell: AV Preeminent

Community

  • Greater Orlando Society for Human Resource Management (GOSHRM)
  • Rollins College, Winter Park, Florida: Adjunct Professor
  • New Covenant Anglican Church, Winter Springs, Florida: Chancellor

Admissions

  • U.S. Court of Appeals, District of Columbia Circuit, 2006
  • U.S. Court of Appeals, Second Circuit, 2015
  • 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
  • U.S. Supreme Court, 2008
  • 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
Weigand v. N.L.R.B: A Double Standard for Social Media?
By Meagan Martin, Patrick M. Muldowney
April 30, 2015
On April 17, 2015, the U.S. Court of Appeals for the District of Columbia Circuit upheld a National Labor Relations Board (“NLRB” or “Board”) decision finding a local branch of the Amalgamated Transit Union (“Union”) could not be held...
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Employment Law Spotlight
"Lies, D*mned Lies, and Statistics": Fourth Circuit Affirms Summary Judgment Against EEOC on Background Check Lawsuit Based Upon Faulty Statistical Analysis
By Patrick M. Muldowney
February 25, 2015
On February 20, 2015, the U.S. Court of Appeals for the Fourth Circuit affirmed a Maryland federal district court’s entry of summary judgment against the U.S. Equal Employment Opportunity Commission (“EEOC”) with respect to its lawsuit...
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Employment Law Spotlight
‘Going Postal’ Over Data Breach Response: Union Files Failure-to-Bargain Charge With NLRB Against USPS
By Patrick M. Muldowney
November 24, 2014
As recent high-profile cyberattacks have demonstrated, employers have a duty to protect their employees’ electronically stored personal information from being accessed by hackers, and to promptly remedy any breach in security concerning...
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Employment Law Spotlight
#Insubordination: NLRB Affirms Refusal To Re-Hire Employees Based Upon Facebook Exchange
By Patrick M. Muldowney
November 6, 2014
In prior articles, we have discussed various decisions by the National Labor Relations Board (“NLRB” or the “Board”) protecting employee social media activity as concerted activity under Section 7 the National Labor Relations Act (the...
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Employment Law Spotlight
Update: NLRB’s Facebook “Like” Case Headed to Court
By Patrick M. Muldowney
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...
Read More ->