+1 212 918 3595
+1 212 918 3100
Partner, New York
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
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
"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
"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