ALLEN B. ROBERTS is a Member of Epstein Becker Green.
Mr. Roberts represents public and privately held domestic and international businesses and not-for-profit organizations in developing and effectuating strategy and policies in employment law and labor relations matters, employment agreement formulation and enforcement, employment policy audits, employment due diligence for mergers and acquisitions, and union relations and maintaining union-free status. He leads the firm’s representation of several national and multinational clients, counseling on labor and employment compliance, litigation avoidance and strategy, and case management.
Mr. Roberts has provided strategic advice and counsel to clients and represented them in administrative and judicial proceedings involving:
- Whistleblowing compliance and defense of retaliation claims
- Revisions to retiree benefits programs affecting union-represented and non-represented retirees, and related proceedings
- Challenges to independent contractor classifications and related claims of employee status and entitlement to employment benefits
- Unfair labor practice and related United States Court of Appeals enforcement proceedings
- Employment discrimination and retaliation
- Restrictive covenants and non-solicitation obligations
- Collective bargaining and withdrawal liability issues associated with employee benefit funds
- Prevailing wage and living wage obligations
- Wage and hour class and collective actions
Mr. Roberts’ recent cases establishing important precedents include:
- Mills v. Standing General Commission on Christian Unity, et al., 39 Misc. 3d 296 (Sup. Ct. N.Y. Cty. 2013), affirmed, 117 A.D.3d 509 (1st Dep’t 2014) (applying the First Amendment Establishment Clause and Free Exercise Clause to bar secular court litigation of a breach of contract claim by a minister against a church organization)
- Duraku, et al. v. Tishman Speyer Properties, Inc., 714 F. Supp. 2d 470 (S.D.N.Y. 2010) (staying federal court proceedings and compelling arbitration of Title VII discrimination and retaliation claims); Acevedo v. Tishman Speyer Properties, L.P., Civ. No. 12 Civ. 1624 (S.D.N.Y. 2013) (staying federal court proceedings and compelling arbitration of a Family and Medical Leave Act claim)
- Local 917 of the Int’l Bhd. of Teamsters v. NLRB, 577 F.3d 70 (2d Cir. 2009) (holding union’s efforts to enforce a work preservation clause in arbitration to be an unlawful secondary boycott in violation of Section 8(e) of the National Labor Relations Act)
Since 2013, Mr. Roberts has:
- Participated for buyers or sellers in several merger and acquisition transactions having a combined value of more than $7 billion, performing labor and employment due diligence analysis, strategizing agreement terms, and accomplishing post-closing objectives in varied industries, with complex issues of employee, union, and defined benefit fund considerations
- Represented developers, owners, operators, and contractors of commercial, residential, hotel, retail, distribution, and manufacturing projects totaling more than 10 million square feet in matters concerning prevailing wages and living wages
Consistent with the breadth of his practice, Mr. Roberts has lectured and written on such diverse employment law topics as mergers and acquisitions, facility closings and relocations, Equal Employment Opportunity, and disabilities accommodation and compliance. He taught employment law as an adjunct professor at New York University. In addition, Mr. Roberts speaks and writes on compliance, management of investigations, and related governance and whistleblower issues. Mr. Roberts’ publications include the Labor & Employment Part of Clark Boardman Callaghan’s Attorney’s Desk Library, and he is a contributor to the Financial Services Employment Law Blog (http://www.financialservicesemploymentlaw.com/).
Mr. Roberts was selected by his peers for inclusion in The Best Lawyers in America© (2006 to 2016) in the fields of Employment Law—Management and Labor Law—Management. Additionally, he was named to the New York Metro Super Lawyers list (2006 to 2015) in the areas of Employment & Labor and Employment Litigation: Defense.
With his wife, Heidi, Mr. Roberts is a founder of the U.S. Friends of Hoedspruit Endangered Species Centre, Inc., supporting programs in South Africa for breeding, care, and research for individual animals and entire species and for outreach to South African schools and community organizations. From 1995 to 2011, Mr. Roberts served as chair of the board of Aging in New York Fund, Inc., a not-for-profit organization established by the New York City Department for the Aging to promote productive aging and enhance the quality of life of older New Yorkers and their families.
- Temple University School of Law (J.D., 1971)
- The Wharton School of The University of Pennsylvania (B.S., 1966)
- Supreme Court of the United States
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Eleventh 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, Western District of New York
- New York