John E. Kiley

Jack Kiley is a partner in the Labor and Employment Practice Group in the firm's New York office.

Areas of Practice

Jack represents management in all areas of labor and employment law, from advice and counseling to litigation to collective bargaining. His representative clients range from Fortune 100 corporations to not-for-profit agencies.

Jack has litigated and arbitrated numerous cases in federal and state courts and before the National Association of Securities Dealers (NASD), New York Stock Exchange (NYSE) and American Arbitration Association (AAA).

Jack routinely partners with human resource professionals, management and in-house counsel in providing consultation, advice and training on all matters having labor and employment implications, including legal compliance issues, employee performance management, restrictive covenants, reductions-in-force, pay equity, employment contracts and union awareness. He has successfully defended against organizing campaigns, represented employers in collective bargaining and defended against NLRB proceedings. Jack represents numerous non-profits, particularly in the field of social services.

Experience

Litigation/Arbitration Experience:

Jack has successfully litigated numerous cases before courts and arbitrators, including the following more recent matters:

• Obtained dismissal of SEC whistleblower claims before US Department of Labor Administrative Law Judge brought by former employee of retailer (USDOL 2022).
• Successfully defended non-profit social services agency against wage and hour class action (E.D.N.Y. 2022).
• Successfully defended hospital against former employee’s claims of race discrimination (S.D.N.Y. 2022).
• As lead counsel for financial services firm, obtained dismissal of discrimination claims brought in arbitration by former employee (AAA 2022).
• Successfully defended financial services firm against claims of discrimination and retaliation filed in New York State Supreme Court (2021).
• As lead counsel representing financial services firm in AAA arbitration, won an award from a tripartite panel of arbitrators denying in their entirety claims for gender and race discrimination and retaliation alleged by former executive (AAA 2020).
• As lead counsel representing brokerage firm in FINRA arbitration, won an award from a tripartite panel of arbitrators denying in their entirety claims for breach of employment contract and wrongful termination brought by former employee (FINRA 2020).
• Obtained summary judgment for client in case alleging ERISA violations. Jeffrey Farkas, et al. v. Cigna Health and Life Insurance Company and Program Development Services, Inc.., 18-cv-05232 (E.D.N.Y. June 27, 2019).

• Obtained summary judgment for social services client in case brought by former employee alleging sexual harassment, discrimination and retaliation. Owen Marlon Alexander v. Program Development Services, Inc., 18-cv-01433 (E.D.N.Y. June 10, 2019).
• Lead counsel in AAA arbitration for broker-dealer defending against claims for breach of contract and Form U-5 expungement (AAA 2019).
• Lead counsel for financial services firm in AAA arbitration involving claims of discrimination and retaliation (AAA 2019).
• As lead counsel for brokerage firm, won dismissal of petition to vacate arbitration award in breach of contract, tortious interference and sexual harassment case. Reljic v. Tullett Prebon Fin. Servs., LLC, No. 650092/2017, 2017 N.Y. Slip. Op. 31463(U) (N.Y. Sup. Ct. July 10, 2017). Successfully argued appeal to NY Supreme Court Appellate Division, 1^st Matter of Reljic v Tullett Prebon Fin. Servs., LLC, 169 A.D.3d 532 (N.Y. App. Div. 1st Dep’t 2019).
• Lead counsel for brokerage firm in connection with wage and hour and breach of contract claims in arbitration hearings before FINRA (2018).
• As lead counsel representing brokerage firm in FINRA arbitration, won $9.1 million in case involving claims and counterclaims for breach of contract, tortious interference, hostile work environment and retaliation (FINRA 2018).
• Lead counsel for client in 2 ½ week jury trial in case alleging breach of contract and related claims by former employee. Complete jury verdict for defendant. Affirmed by Mass. App. Ct. and Supreme Judicial Court. Kern v. Income Research & Mgmt., 90 Mass. App. Ct. 1113 (2016), Kern v. Income Research & Mgmt., 476 Mass. 1114 (Mass. Mar. 29, 2017).
• Obtained summary judgment for health care client in case brought by former employee alleging gender discrimination. Radler v. Catholic Health System of Long Island, Inc., No. 601596/12, 2014 WL 12639386 (N.Y. Sup. Ct. Sept. 16, 2014). Won appeal to NY Supreme Court, 2^nd Radler v. Catholic Health System of Long Island, Inc., 144 A.D.3d 781 (N.Y. App. Div. 2d Dep’t 2016).
• Lead counsel for financial services firm in FINRA arbitration hearing. Won complete dismissal of wage, wrongful termination, retaliation and defamation claims (FINRA 2016).
• Lead counsel for financial services firm in AAA arbitration hearing. Won complete dismissal of age discrimination claims (AAA 2016).

Counseling Experience:

Mr. Kiley counsels and collaborates with HR professionals, in-house counsel and management on the full array of employment issues, including:

• Negotiation of employment agreements, compliance with background check regulations and other onboarding issues
• Performance management, discipline, terminations, and reductions in force
• Negotiation of employee separation terms and agreements
• Wage and hour issues, including exempt/non-exempt analysis
• Compliance with federal, state and local laws governing disability and other leaves of absence
• Conducting employee and supervisory training on sexual harassment, union avoidance, performance management and many other employment topics
• Drafting and updating employee handbooks and other employment policies
• Conducting pay equity analyses

Investigations Experience:

Mr. Kiley has conducted numerous internal investigations for clients in the financial services, retail, social services, healthcare and other industries and issued investigative reports that clients have relied upon to make employment decisions and defend against claims. A sampling of these include investigations into allegations of:

• Violation of code of conduct by executive at travel company
• Retaliation allegations by SOX whistleblower at retail company
• Hostile work environment and refusal to promote by executive at retail company
• Bullying and retaliation by executive at hospitality company
• Hostile environment in entertainment company
• Sexual harassment of subordinate by an executive of a retail company
• Neglect of developmentally disabled individuals receiving services from a social services agency in violation of NYS regulations concerning the care of such individuals
• Abusive behavior by an executive of a publicly traded financial services company in violation of the company’s internal policies
• Sexual assault by an employee of a co-worker following a company-sponsored event
• Unequal compensation of women at a publicly traded retail company
• Inadequate access to wheelchair bound patients of hospital’s radiological services
• Sexual harassment of a male employee by his female co-workers
• Theft of funds by the chief financial officer of a non-profit social services agency

Traditional Labor Experience:

Mr. Kiley has advised clients on union related matters in wide variety of industries, including healthcare, social services, hospitality, retail, energy, construction, transportation, financial services and entertainment. These matters have involved:

• Representing clients in dozens of union arbitration hearings
• Leading negotiations for clients in dozens of collective bargaining negotiations with 1199, CWA UFT, Teamsters, CSEA and other unions
• Advising clients in numerous organizing campaigns
• Representing clients in NLRB hearings

Honors

Jack has been recognized by The Legal 500 as among the best labor lawyers in the U.S

New York Super Lawyer, Super Lawyers, 2010-2022

Articles

• "Recent Decisions Clarify Scope of Third-Party Retaliation Doctrine," New York Law Journal, October 21, 2013

Labor & Employment Law Blog Posts

• "Picking Up the “Key to NYC”: New Vaccination Regulations Now Effective for New York City Employers," August 18, 2021

Media Mentions

Speaking Engagements

• “Labor & Employment Law Update,” Webinar, May 2022
• “Payroll Pitfalls: 10 Wage and Hour Rules Every Agency Needs to Know,” Webinar, February 2021
• “Labor & Employment Law Update – Year in Review,” Webinar, November 12, 2020
• “Hot Topics in Employment Litigation for Chief Litigation Counsel,” Webinar, August 18, 2020
• “Getting Back to Business: Planning and Best Practices for Employers in a Changed Workplace,” Webinar, May 28, 2020
• “Employment Law Update,” Webinar, April 16, 2020
• “Navigating COVID-19 Employment Challenges in the Workplace,” Webinar, March 18, 2020
• “Respect In The Workplace – A Blueprint for Supervisors,” New York, New York, March 11, 2019
• “Leading Court Decisions and Key Legislative Developments in 2018,” Sheppard Mullin’s Labor & Employment Law Update,” New York, New York, October 30, 2018
• “Board Engagement: Are You Helping Drive the Mission?,” Poughkeepsie, New York, October 11, 2018
• “Board Responsibilities in the Non-Profit World,” Mount Kisco, New York, May 11, 2018
• “Employment Law Essentials,” New York Head Start Association Annual Professional Training Conference, White Plains, New York, May 8, 2018
• “Employment Law 101 – Managing Within the Law: Policies and Practices Review for Managers,” Melville, New York, May 2, 2018
• “Board Room Bloopers: Lessons Learned from an Outside Investigation,” New York Alliance for Inclusion & Innovation, Lake George, New York, April 12, 2018
• “Ethics in the Workplace,” New York, New York, November 7, 2017
• “Paid Family Leave and Other Time-Off Obligations,” New York State Association of Community and Residential Agencies, Bolton Landing, New York, October 26, 2017
• “Exempt Employees: Avoiding the Pitfalls of Misclassification,” New York State Association of Community and Residential Agencies, Bolton Landing, New York, April 6, 2017
• “Preventing Discrimination, Harassment, and Retaliation In The Workplace,” New York, New York, November 17, 2016
• “Self-Direction: Labor and Employment Law Challenges,” New York State Association of Community and Residential Agencies, Albany, New York, October 24, 2016
• “Hot Topics in Labor & Employment Law,” New York Association of Emerging and Multicultural Agencies, Bronx, New York, September 28, 2016
• “Ten Commandments of Wage & Hour Law,” Sheppard Mullin’s Labor and Employment Law Update, New York, New York, June 22, 2016

Events

Digital Media