Kathleen O'Malley practices in the area of employment law and has extensive experience defending litigation involving claims arising under state and federal anti-discrimination statutes, family and medical leave laws, whistleblower laws, common law and contracts. She regularly counsels clients on day-to-day issues relating to management of employee performance, corrective action, layoffs, wage and hour compliance, discrimination, harassment and retaliation, terminations, requests for accommodations and leave administration. Ms. O'Malley works with employers on the development of employment policies and procedures, training, and other best practices designed to reduce the risk of employment-related claims. She also negotiates and drafts executive employment agreements, as well as non-compete, non-solicitation, non-disclosure and severance agreements. Ms. O'Malley conducts internal investigations of claims of workplace harassment, discrimination and other code of conduct violations.
Ms. O'Malley defends employers in matters before state and federal courts and before state and federal administrative agencies, such as the Equal Employment Opportunity Commission (EEOC), the New Jersey Division on Civil Rights (DCR) and the Department of Labor (DOL). She has a practical approach to advising clients of their options for addressing and resolving legal problems, keeping in mind their business needs and fiscal concerns.
- Won a defense verdict for a community hospital in a multi-plaintiff case following a two-week, jury trial involving claims of retaliation under the New Jersey Law Against Discrimination and claims of defamation.
- Obtained a jury verdict on defamation and retaliation claims after a one-week trial concerning mandatory disclosures by a healthcare entity and its staff under the New Jersey Health Care Professional Responsibility and Reporting Enhancement Act (commonly referred to as the Cullen Law).
- Succeeded on a motion for summary judgment for national advocacy firm involving claims of constructive discharge and breach of contract filed by former employee.
- Prevailed at arbitration on behalf of large investment firm on claims of tortious interference, defamation and intentional infliction of emotional distress based on Form U-5 reporting.
- Won summary judgment motion for employer and individuals named in lawsuit (human resources professional and manager) on claims of discrimination and hostile work environment.
- Obtained dismissal of invasion of privacy claim on behalf of nationwide facilities management company.
- Prevailed on motion to dismiss hostile work environment and retaliation claims on behalf of national bank.
- Successfully defended EEOC and DCR charges on behalf many clients.
- Helped clients avoid liability and litigation related to terminations and reductions in force.
- Assisted non-profit client in healthcare industry with roll-out of early retirement program.
- Represented clients in connection with Department of Labor (DOL) audits.
- Conducted compliance audits and training for clients in various industries.
- Drafted numerous employee handbooks.
Advice and Counsel
- New Jersey
- U.S. District Court for the District of New Jersey
- U.S. District Court for the Eastern District of Pennsylvania
- Supreme Court of Pennsylvania
- Supreme Court of New Jersey
- Rutgers School of Law - Camden, J.D., 1991
- Duane Morris LLP
- Partner, 2001-present
- Associate, 1992-2000
- Superior Court of New Jersey, NJ
-Judicial Clerk, Honorable Patricia Richmond LeBon, Mount Holly, New Jersey, 1991-1992
- Burlington County Bar Association
- Employment Law Sub-Committee
- Young Lawyer Trustee, 1994-1996
- Camden County Bar Association
- Labor and Employment Law Committee
Honors and Awards
- Listed in New Jersey Super Lawyers, 2005, 2008-2009, 2012-2014
- Robert W. Criscuolo Award presented by the Burlington County Bar Association, September 30,1996
Civic and Charitable Activities
- Burlington Bar Foundation
- Trustee, 1993-1997
- Co-author, "New Jersey Supreme Court Adopts Affirmative Defense Under Federal Law to Claims of Supervisory Harassment Under State Law," Duane Morris Alert, February 20, 2015
- Co-author, ""Ban the Box" Legislation Signed into Law in New Jersey," Duane Morris Alert, August 15, 2014
- Co-author, "New Jersey Adds Pregnancy to List of Classes Protected by Its Law Against Discrimination," Duane Morris Alert, January 28, 2014
- "New Jersey Employers: Gender Equity Notice Requirements Effective Now," Duane Morris Alert, January 7, 2014
- Co-author, "New Jersey Superior Court Rules That Same-Sex Marriages Must Be Allowed," Duane Morris Alert, October 7, 2013
- "New Jersey Amends Law Against Discrimination and Expands Scope of Protection Against Retaliation," Duane Morris Alert, September 9, 2013
- Co-author, "New Jersey Joins Growing Number of Jurisdictions Banning Employers from Requesting Access to Social Media Accounts," Duane Morris Alert, September 3, 2013
- "New Jersey Establishes New Leave Rights and Obligations Under NJ SAFE Act," Duane Morris Alert, August 12, 2013
- Co-author, "N.J. Appellate Court: Firing an Employee Suing the Company for the Appropriation of Confidential Records Is Not Retaliation," Duane Morris Alert, September 21, 2009
- "New Jersey Employers Be ForeWARNed: New Jersey Mass Layoff/Plant Closing Law Enacted," Duane Morris Alert, March 27, 2008
Selected Speaking Engagements
- Speaker, "Is Everything Coming Up Roses in the Garden State?" Duane Morris Institute, October 24, 2013
- Lecturer, "Developments in Workplace Law and Practice," Duane Morris seminar, May 15, 2013
- Speaker, "Developments in Workplace Law and Practice," Duane Morris seminar, May 23, 2012
- Lecturer, "Developments in Workplace Law and Practice," Duane Morris seminar, May 11, 2011
- Speaker, "Nuts & Bolts of Employment Law," Burlington County Bar Association seminar, October 20, 2010
- Speaker, "Downsizing: The Dos and Don'ts of Workforce Reductions," Burlington County Bar Association employment seminar, February 18, 2010
- Speaker, "Everything an Attorney or Business Owner Needs to Know about Dealing with Sick or Disabled Employees," Burlington County Bar Association seminar, February 22, 2007
- Presenter, "The Impact of HIPAA's Privacy Rules on Employers," seminar sponsored by Duane Morris, LLP, November 19, 2002
- Presenter, "Defending Claims Under The New Jersey Law Against Discrimination," seminar for attorneys, sponsored by Burlington County Bar Association, October 15, 2002
- Presenter, "Human Resource Audits in New Jersey," Seminar for human resource and payroll professionals, business owners and managers, sponsored by Lorman Education Services, February 21, 2002
- "Risk Management for Employers, Minimizing Regulatory Finds and Litigation in Long-Term Care and Assisted-Living Facilities," New Jersey Center for Health Care Education, Seminar sponsored by Duane, Morris & Heckscher LLP, September 28, 2000
- Guest Speaker, "Navigating The Employment Battlefield - Privacy, Defamation and Workplace Violence," Legal Line, WPSJ-TV, Fall 1999
- Panelist, "Ask the Experts," telephone hotline sponsored by the Courier Post