Anthony J. Rao
Partner
Duane Morris LLP
1540 Broadway
New York, NY 10036-4086
USA
Phone: +1 212 692 1086
Fax: +1 212 208 2575
Email: ARao@duanemorris.com

Anthony J. Rao practices in the area of employment law. Mr. Rao has substantial experience conducting nationwide workplace, litigation avoidance, overtime exemption and wage-and-hour audits. He has extensive litigation experience defending nationwide federal and state wage-and-hour collective and class actions. In addition, Mr. Rao has had lead responsibility in multi-party lawsuits, arbitrations, mediations and administrative hearings and audits before the U.S. Department of Labor, New York State Department of Labor, New York State Division of Human Rights, New York City Commission on Human Rights and California Division of Labor Standards Enforcement.

Mr. Rao regularly counsels corporate clients on preventive employment policies and practices involving all areas of federal, state and local employment law, including recruiting and hiring; employee handbooks; leaves of absence; training; discipline and termination; workforce reductions; independent contractors; discrimination and harassment; reasonable accommodation; trade secrets; restrictive covenants and unfair competition; wage and hour; Department of Transportation regulations; employment contracts; privacy; investigations; and best practices.

Mr. Rao is a 1994 graduate of the University of California at Davis School of Law and also holds a B.S. in managerial economics from the University of California at Davis.

Areas of Practice

• Employment Law

Representative Matters

• Represented SJR Group LLC, a digital marketing and strategy company, in the sale of substantially all of its assets to a subsidiary of WPP plc, the world's largest communications services group.
• Gray v. SolomonEdwardsGroup LLC, United States District Court, Northern District of Texas (2013). Obtained stay of nationwide FLSA collective action alleging overtime violations for temporary consultants due to individual arbitration requirement.
• Savaria and Raia v. Steiner Leisure Limited, American Arbitration Association (2013). Obtained stay of Connecticut Rule 23 class action and FLSA collective action alleging failure to pay commissions, theft of gratuities, off-the-clock work and overtime violations pending individual arbitration requirement decision.
• Fortenberry v. SolomonEdwardsGroup LLC, United States District Court, Northern District of Georgia (2013). Nationwide FLSA collective action alleging overtime violations for temporary consultants.
• Orellana v. Air Express International USA, Inc., United States District Court, Central District of California (Los Angeles) (2013). California Rule 23 class action alleging off-the-clock, improper time-clock rounding, meal and rest period, and expense reimbursement claims.
• Hernandez v. Danzas Corporation, Air Express International (USA) Inc., Kim Bordet, Superior Court of California, County of Los Angeles (2012). Obtained summary adjudication on claims alleging violation of California Labor Code §1102.5 et seq. (whistleblowing), defamation, and violation of California Labor Code §226.
• Russo v. Chico's FAS, Inc., White House/Black Market, and Elizabeth Medeiros, United States District Court, District of New Jersey (2011). Obtained summary judgment in former store manager's action alleging disability discrimination and retaliation.
• O'Neill & Padaong v. Genesis Logistics, Inc., Alameda Superior Court (2010). Obtained summary judgment against a male and a female employee alleging nine claims including sexual and national origin harassment and retaliation.
• Global Events LLC v. Waterworks Investments, Inc., et al., San Francisco Superior Court (2010). Obtained summary judgment in a commercial breach of contract and fraud action involving hospitality services under California law, and pierced the corporate veil of an alter ego of the corporate defendant.
• Salvador Torres v. DHL Express (USA) Inc., et al., New York Supreme Court (2010). Obtained summary judgment in former employee's false imprisonment, false arrest, assault and defamation action relating to the investigation and grievance of an on-the-job incident.
• Canales v. Panini & Co., U.S. Southern District of New York (2010). New York Rule 23 class action alleging overtime, off-the-clock, minimum wage, and spread of hours violations.
• Wang v. Sing Tao Newspapers, U.S. Southern District of New York (2010). New York Rule 23 class action alleging overtime, misclassification of exempt employees, and minimum wage violations.
• Napoto v. Exel Logistics, Inc. and Danzas Corporation, U.S. Northern District of California (2010). California Rule 23 class action alleging vacation and holiday pay violations.
• O'Neill v. Genesis Logistics, Inc., U.S. Northern District of California (2010). California Rule 23 class action alleging meal and rest violations for drivers.
• Westbrook v. Exel, Inc., U.S. Central District of California (2009). Obtained summary judgment in action alleging national origin and gender discrimination, harassment and breach of employment contract.
• Taylor v. DHL Express (USA) Inc., Los Angeles Superior Court (2009). Obtained dismissal in action alleging negligence, joint employment and ostensible agent liability.
• Macchio v. DHL Express (USA) Inc., U.S. Eastern District of New York (2009). Obtained settlement client found favorable in action alleging age and national origin discrimination.
• Raucher v. DHL Global Mail, Inc., U.S. Eastern District Court of New York (2009). Obtained dismissal on the pleadings in action alleging age discrimination and failure to pay wages.
• Jackson v. DHL Express (USA) Inc., U.S. Central District of California (2009). Obtained settlement client found favorable in action alleging gender and pregnancy discrimination.
• Economou v. Vandoros Ventures, Ltd., d.b.a. Blue Bay Diner et al., U.S. Eastern District of New York (2008). Obtained dismissal of New York class allegations against successor in interest in action alleging overtime and minimum wage violations.
• Meixel-West v. Exel, Inc., U.S. Central District of California (2008). Obtained settlement client found favorable in action alleging sex and pregnancy discrimination, harassment and wrongful termination.
• Herring v. Hewitt Associates, Inc., U.S. District Court of New Jersey (2008). Nationwide collective action alleging misclassification of analyst positions. Obtained dismissal of Rule 23 class allegations, and obtained order denying nationwide pre-certification putative class discovery.
• Fasanelli v. Heartland Brewery, Inc., U.S. Southern District Court of New York (2008). New York Rule 23 and Rule 216(b) class and collective action alleging time card rounding, minimum wage, tip sharing, spread of hours, overtime and off-the-clock violations.
• Moore v. DHL, New York Supreme Court (2007). Obtained dismissal of wrongful termination and discrimination action.
• Hennessy v. St. James Associates LP, Smith & Wollensky, et al., U.S. Southern District Court of New York (2007). New York Rule 23 and Rule 216(b) class and collective action alleging minimum wage, tip sharing, overtime and off-the-clock violations
• Li v. Accenture Inc., and Accenture Technology Solutions, Inc., San Francisco Superior Court (2006). Obtained dismissal of California Rule 23 class action alleging misclassification of programmers, senior programmers, analyst programmers, systems analysts, and senior system analysts because plaintiff was not representative of the putative class due to his limited work experience.
• Montecino v. DHL, Los Angeles County Superior Court (2006). Obtained dismissal of California Rule 23 class action alleging wage and hour violations because a joint or statutory employer relationship with a temporary employment agency was not present.
• Adams v. Goodman Networks, Inc., et al., U.S. Northern District Court of California (2005). Nationwide Rule 23 and Rule 216(b) class and collective action alleging overtime, travel time, meal and rest period, and off-the-clock violations concerning temporary engineering employees.
• Hamilton v. San Francisco Hilton, Inc., San Francisco Superior Court (2005). Obtained summary judgment in representative action brought by front desk clerks seeking Private Attorneys General Act penalties and injunctive relief for alleged violations of the Labor Code and an IWC Order regulating seats.
• Cormier v. General Fiber Communications, Inc., Comcast, Inc., et al., Alameda Superior Court (2005). Obtained dismissal of California Rule 23 class action alleging overtime, meal and rest period, and expense reimbursement violations.
• Obtained multiple stipulated trade secret and restrictive covenant settlements.

Professional Activities

• New York State Bar Association
  - Wage & Hour Committee
  - Workplace Rights and Responsibilities Committee
• California State Bar Association
  - Labor and Employment Law Section
• San Francisco Bar Association
  - Labor and Employment Law Section
• American Bar Association
  - Labor and Employment Section
• National Native American Bar Association
• Native American Bar Association of New York
• Native American Finance Officers Association
• California Minority Counsel Program
• Society for Human Resource Management (SHRM)

Admissions

• California
• District of Columbia
• New York
• U.S. District Court for the Eastern District of New York
• U.S. District Court for the Southern District of New York
• U.S. District Court for the Central District of California
• U.S. District Court for the Eastern District of California
• U.S. District Court for the Northern District of California
• U.S. District Court for the Southern District of California
• U.S. District Court for the Eastern District of Michigan
• U.S. Court of Appeals for the Ninth Circuit

Education

• University of California, Davis School of Law, J.D., 1994
• University of California, Davis, B.S. Managerial Economics, 1998

Experience

• Duane Morris LLP
  - Partner, 2012-present
• Rao Tiliakos LLP
  - Managing Partner, 2008-2012
• Seyfarth Shaw LLP
  - Partner, 2000-2008
• Jackson Lewis LLP
  - Senior L/E Associate, 1997-2000

Civic and Charitable Activities

• Manhattan Chamber of Commerce

Honors and Awards

• Listed in New York Super Lawyers, 2010 and 2011

Selected Publications

• Co-author, "U.S. Supreme Court Issues Unanimous Limited Arbitration Ruling in Oxford Health Plans LLC v. Sutter," Duane Morris Alert, June 13, 2013
• Co-author, "U.S. Supreme Court to Decide Another Major Class/Collective Action Arbitration Case," Duane Morris Alert, December 11, 2012
• "Unresolved Hospitality Tip-Pooling Issues to Be Decided by N.Y. Court of Appeals," Duane Morris Alert, October 25, 2012
• "EEOC Equal Pay Act Class Dismissed on the Pleadings After Three-Year Investigation"
• "Second Circuit Finds Sex Harassment Claim Was Not Accidental or Minor"
• "California Supreme Court Finally Decides That Employers Must Relieve Employees of All Duty During Meal Periods but Does Not Have to Ensure That No Work Is Performed"
• "Costs of Electronic Discovery"
• "New York Wage Notices and Other New York Laws to Keep Your Eyes on in 2012"
• "Supreme Court Recognizes a 'Ministerial Exception' to Employment Discrimination Laws"
• "Waiver of FLSA Collective Action Rights in Any Forum Is Unenforceable as a Matter of Law"
• "No Need to Create a New Position as a Reasonable Accommodation Under New York Law"
• "Fees May be Awarded to Attorneys Who Benefit a Class Without Representing It"
• "Connecticut Joins Illinois, Oregon, Washington, Maryland and Hawaii in Prohibiting Employers from Utilizing Credit Reports in Hiring and Employment Decisions"
• "California Labor Code Audit"
• "California's 8-Hour Overtime Rule Applies to Out-of-State Residents Working Full Days Within California"
• "California Employment Practices Audit"
• "New York Employment Practices Audit"
• "Georgia Employment Practices Audit"
• "Illinois Employment Practices Audit"
• "New York Hospitality Employment Practices Audit"
• "Supreme Court Ends Massive Sex Discrimination Class Action Against Wal-Mart"
• "Supreme Court Resolves Circuit Split on Recovery of Attorneys' Fees"
• "Real-World Implications of the Supreme Court's Holding in Chamber of Commerce v. Whiting"
• "The Supreme Court Takes on ERISA Remedies in CIGNA Corp. v. Amara"
• "No New York Adverse Employment Actions to See Here"
• "New York's Wage Theft Prevention Act Is Real," WallStJobs.com
• "Employer Not Entitled to Reimbursement of Advanced Wages and Benefits"
• "From Cell Phone Contracts to Employment Contracts – Implications of the Supreme Court's Decision in AT&T Mobility v. Concepcion on the Arbitration of Class Actions"
• "NYDOL Issues New Form NYLL Section 195 Pay Notices/Acknowledgements and Helpful FAQs"
• "Expanding 'Disability': EEOC Publishes Final ADA Amendment Act Regulations"
• "Supreme Court: FLSA Retaliation Provision Protects Oral Complaints"
• "New York Wage Theft Prevention Act FAQs"
• "Employer Not Entitled to Reimbursement of Advanced Wages and Benefits"
• "From Cell Phone Contracts to Employment Contracts – Implications of the Supreme Court's Decision in AT&T Mobility v. Concepcion on the Arbitration of Class Actions"
• "NYDOL Issues New Form NYLL Section 195 Pay Notices/Acknowledgements and Helpful FAQs"
• "Expanding 'Disability': EEOC Publishes Final ADA Amendment Act Regulations"
• "Supreme Court: FLSA Retaliation Provision Protects Oral Complaints"
• "New York Wage Theft Prevention Act FAQs"
• "Second Circuit Compels Arbitration of FLSA Claims Before the National Futures Association"
• "Supreme Court Rules Employers Are Liable for Discrimination Where Lower-Level Supervisors with Discriminatory Motives Influence, but Do Not Make, Adverse Employment Decisions"
• "Allegations That Employer Knew or Should Have Known That a Benign Policy Created Incentives for Managers to Falsify Time Records Is Not Enough for Conditional and Class Certification"
• "Employer Questioning Board Applicants Seeking Backpay About Their Immigration Status Is Permitted"
• "NLRB Settles Complaint That Employee's Vulgar Facebook Postings About Her Supervisor were Protected"
• "What an Anti-Harassment Policy Should Look Like in New Jersey"
• "Supreme Court: Title VII Permits Third-Party Retaliation Claims"
• "New Jersey Adopts Federal Time Clock Rounding Rules"
• "New Employment Laws for Private New York Employers in 2011"
• "New York Hospitality Minimum Wage Order Amendments Effective January 1, 2011"
• "Major Multi-District Independent Contractor Decision Sheds Some Light on Classification Factors"
• "New York's Wage Theft Prevention Act Is Real"
• "New York's Wage Theft Prevention Act (S8380) Will Increase Wage and Hour Class Actions"
• "More Employment Regulations and a Safe Harbor Under the Genetic Information Nondiscrimination Act"
• "New York Attorneys Representing Objectors to Class Counsel's Fees Are Not Entitled to Fees Even if Successful"
• "A Reasonable Amendment to California's Meal Period Requirements for Certain Union Employees, Including Commercial Drivers"
• "9th Circuit Affirms Reporters for Chinese Daily News Were Improperly Classified as Non-Exempt Professionals"
• "New DOT Drug Testing Rules"
• "California Labor & Employment Law Monthly Update," Seyfarth Shaw

Selected Speaking Engagements

• "Interrelationship Between Federal, State and Local Employment Statutes and Agency Regulations and Guidance," HR/NY Managers' Forum (SHRM Affiliate) (2013)
• "Time to Revise Your California Handbook," Duane Morris Institute (2013)
• "New York Employment Law For The Construction, Real Estate and Building Services Industries," Duane Morris Labor and Employment Law Breakfast Briefing (2013)
• "New Laws Affecting New York Employers," Duane Morris Institute (2013)
• "Drafting Employee Handbooks: Avoiding Legal Pitfalls - Ongoing NLRB Issues, and Wage/Hour Policies Targeted by Class Counsel," Strafford Publications National Webinar
• "Annual Labor & Employment Law Update (GINA, Wage/Hour, Supreme Court, NLRA, NY Update, National Trends)," Human Resource Association of New York (HR/NY), SHRM Affiliate
• "Avoiding Common Mistakes of New York Employment Law," Brooklyn Chamber of Commerce
• "How to Become Less Attractive to New York Wage and Hour Class Counsel," Brooklyn Progress (Chamber of Commerce)
• "Compliant Workplace Reductions While Keeping Morale High," Native American Finance Officers' Association ("NAFOA")
• "Employment Law: For the Restaurant Owner & Manager, Wage & Hour Rules," New York State Restaurant Association, New York, New York
• "Religion/Faith and Spirituality in the Workplace," WCCS
• "Federal and State Employment Law," Wealth Preservation Group, New York, New York
• "California Labor Code Audit Symposium," Breakfast Briefing
• "Five Legislative Reasons to Update Your Employee Handbook," Northern California Human Resources Association
• "Building Awareness to Make Sound Human Resources Decisions," Various client sites
• "California Private Attorneys General Act, Putting Your Company Under the Microscope," Breakfast Briefing
• "What Happened to the FEHA?" California State Compensation Insurance Fund
• "California Labor and Employment Law Monthly Updates," San Francisco Employers Advisory Council
• "Leave Issues Under the ADA, FMLA, CFRA, the FEHA and California Workers' Compensation Law," California Rehabilitation Specialists Conference