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Barbara M. Roth
Partner, New York
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Barbara Roth represents management exclusively in all types of employment litigation and advises clients on all aspects of the employment relationship, with emphasis on minimizing the likelihood of litigation. She defends employers against allegations of unlawful harassment and discrimination on the basis of gender, age, race, national origin, disability, sexual orientation, and other protected characteristics under federal, state, and local laws, and regularly advises companies on the full spectrum of workplace issues. 

Barbara's practice includes representation of clients before federal and state courts, as well as administrative agencies, and in arbitrations in forums including the National Association of Securities Dealers and the New York Stock Exchange. She defends employers against whistleblower claims under the Sarbanes-Oxley Act and other statutes and also represents companies against claims by current and former employees under employment-related statutes, including the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), the Worker Adjustment and Retraining Notification Act (WARN), and Employee Retirement Income Security Act (ERISA). Her notable victories include obtaining money judgments against seven named plaintiffs after defeating class certification of a putative class of current and former employees who alleged that a bank engaged in race discrimination in all aspects of its employment practices.

Barbara has extensive experience representing financial institutions and broker-dealers in discrimination and employment-related claims of all types, including claims for enhanced bonus payments and other compensation, claims of wrongful termination, allegations arising out of employment and compensation agreements and lawsuits relating to nonsolicitation, noncompete and confidentiality obligations. She also represents management in proceedings brought by current and former employees, customers or partners/shareholders arising out of partnership and shareholder agreements, and other contracts relating to the securities industry. Barbara advises companies on employment and labor issues in corporate transactions; develops workplace policies, procedures, and handbooks; develops programs for voluntary buy-outs and involuntary reductions-in-force; and negotiates employment agreements and compensation plans.

Barbara also has defended a variety of companies, including publishers and other media entities, against defamation claims. Before entering private practice, Barbara was a journalist for The New York Times and The National Law Journal and taught in Northwestern University's Medill School of Journalism.

Barbara taught fair employment practices in the Human Resource Management program of New York University's Marketing and Management Institute. 

Hogan Lovells Publications
08 September 2015 "NLRB Creates New Joint Employer Test in Browning-Ferris." Labor and Employment Alert, Hogan Lovells

01 May 2015 "New York City to Significantly Limit the Use of Credit Checks in Employment Decisions." Employment Alert, Hogan Lovells

08 April 2015 "SEC Announces First Whistleblower Protection Enforcement Action Involving Restrictive Language in a Confidentiality Agreement." SEC Update, Hogan Lovells

January 2015 "Global Employment Law Update - January 2015."

08 January 2015 "Amendment to NY Wage Theft Prevention Act Eliminates Annual Notice Requirement, Effective Immediately; NY, NJ, and CT Minimum Wage Increases in Effect for 2015." Employment Alert

24 March 2014 "New York City Paid Sick Leave Law Goes Into Effect April 1, 2014." Employment Alert, Hogan Lovells

06 March 2014 "Supreme Court Extends SOX Whistleblower Protection to Contractor Employees." Employment Alert, Hogan Lovells

14 January 2014 "New York Employers Must Provide Notice of Wage Rate to All Employees by February 1, 2014." Employment Alert, Hogan Lovells

25 June 2013 "Supreme Court rules favorably for employers in Title VII cases." Employment Alert, Hogan Lovells

01 April 2013 "New I-9 Form." Employment Alert, Hogan Lovells

27 March 2013 "Employment cases to watch in the Supreme Court in 2013." Employment Alert, Hogan Lovells

19 February 2013 "New FMLA poster required by March 8, 2013." Employment Alert, Hogan Lovells

19 October 2012 "New wage deduction law in New York goes into effect on Election Day." Employment Alert, Hogan Lovells

17 April 2012 "California Supreme Court issues favorable ruling on meal period and rest break obligations." Employment Alert, Hogan Lovells

22 June 2011 "Supreme Court Decision in Wal-Mart Stores v. Dukes." Class Actions Alert, Hogan Lovells

30 March 2011 "Dukes v. Wal-Mart Stores, Inc., Supreme Court Oral Argument Summary." Litigation Alert

06 December 2010 "Dukes V. Wal-Mart Stores, Inc., certiorari granted." Litigation Alert, Hogan Lovells

10 September 2009 "New York Employers Now Required to Provide Written Notice of Paydays and Regular and Overtime Rates to New Hires." Labor & Employment Update, Hogan & Hartson LLP

16 November 2006 "FMLA, ADA, and PDA-Unraveling Leaves and Disabilities." Labor & Employment Seminar: Important Legal and Litigation Issues Facing Employers, Hogan & Hartson LLP

Published Works
March 2104 "Supreme Court Extends SOX Whistleblower Protection to Contractor Employees." Business Law Today

13 June 2011 "Labor: Lifestyle discrimination laws are becoming increasingly prevalent.", InsideCounsel

01 September 2009 "A Highlight on How to Carry Out a Reorganisation and Redundancies in the UK, the US, France and Germany." Employment & Industrial Relations Law: Newsletter of the International Bar Association Legal Practice Division, International Bar Association

Litigation and Arbitration
  • Employment Discrimination Defense
  • Defense of Employers in NASD and NYSE Arbitrations
  • Class Actions
  • Defense of Employers Against SOX Whistleblower Claims
  • Defense of Claims Under Employment-related Statutes
  • Defense of Defamation Claims
LL.M., New York University School of Law, 1997 J.D., DePaul University College of Law, 1978 B.A., magna cum laude, University of Illinois at Urbana-Champaign, 1973
  • Member, Management Attorneys Conference
  • Member, Board of Directors, Girl Scout Council of Greater New York
  • Member, Executive Committee, Girl Scout Council of Greater New York
  • Former Member, Equal Employment Opportunity Committee, Association of the Bar of the City of New York
  • Former Member, Committee on Women in the Courts, Association of the Bar of the City of New York
  • Former Chair, Committee on Individual Rights and Responsibilities in the Workplace, New York State Bar Association
  • New York Super Lawyers, Employment Litigation: Defense, 2006-2009
  • Euromoney’s Leading Labour Lawyers of the World, 2000-2001
COURT ADMISSIONS U.S. Supreme Court U.S. Court of Appeals, Second 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, Eastern District of Wisconsin