Biography

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.  Leading the firm’s representation of several national and multinational clients, Mr. Roberts combines experience and perspective as a hands-on litigator and advocate with strategic advice and counsel.

In addition to counseling on labor and employment compliance, litigation avoidance and strategy, and case management, Mr. Roberts also represents clients in related judicial, administrative, and arbitration proceedings involving:

  • Wage and hour class and collective actions
  • Challenges to independent contractor classifications and related claims of employee status and entitlement to employment benefits
  • Employment agreement formulation and enforcement
  • Restrictive covenants and non-solicitation obligations
  • Employment discrimination and retaliation claims
  • Union relations and maintaining union-free status
  • Unfair labor practices and related United States Court of Appeals enforcement proceedings
  • Collective bargaining and withdrawal liability issues associated with multiemployer plans
  • Revisions to retiree benefits programs affecting union-represented and non-represented participants, and related proceedings
  • Prevailing wage and living wage obligations
  • Whistleblowing compliance and defense of retaliation claims

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, arising from a supplier’s introduction of “delivered pricing,” 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 parties in merger, acquisition, joint venture, and strategic investment transactions having a combined value of more than $12 billion, performing labor, employment, and ERISA due diligence analysis, strategizing terms, negotiating and drafting transaction agreements and accomplishing post-closing objectives in varied industries, with complex issues of employee, union, and defined benefit fund considerations
  • Represented developers, owners, operators, and managers of commercial, residential, hotel, retail, distribution, and manufacturing projects totaling more than 17 million square feet, in matters concerning prevailing wages, living wages, or labor peace agreements

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, disabilities accommodation and compliance, management of investigations, governance, and whistleblower issues. Mr. Roberts’ publications include the Labor & Employment Part of Clark Boardman Callaghan’s Attorney’s Desk Library and featured articles in journals and periodicals.

Mr. Roberts was selected by his peers for inclusion in The Best Lawyers in America© (2006 to 2018) in the fields of Employment Law—Management and Labor Law—Management. Additionally, he was recommended by The Legal 500 United States (2016, 2017), in the Labor and Employment Disputes (Including Collective Actions): Defense category, and named to the New York Metro Super Lawyers list (2006 to 2017) 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.

Education

  • Temple University School of Law (J.D., 1971)
  • The Wharton School of The University of Pennsylvania (B.S., 1966)

Court Admissions

  • 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

Bar Admissions

  • New York
  • Pennsylvania