Biography

PATRICK G. BRADY is a Member of the Firm in the Employment, Labor & Workforce Management practice, in the Newark office of Epstein Becker Green. He has worked extensively on complex wage and hour and other employment collective/class actions.

Mr. Brady's experience includes:

  • Representing employers in class action and collective action litigation involving FLSA/state wage and hour issues
  • Representing employers in wrongful discharge, sexual harassment, breach of contract, discrimination/retaliation, whistleblower, WARN Act, and Family and Medical Leave Act matters
  • Defending employers in single-plaintiff and class action claims arising under ERISA and other benefits litigation
  • Litigating to protect corporate trade secrets and to enforce restrictive covenants
  • Representing management in labor relation matters, including collective bargaining and arbitrations
  • Representing employers in compliance reviews under the Immigration Reform and Control Act
  • Assisting businesses in obtaining non-immigrant and immigrant visas

He has litigated numerous employment discrimination cases in state and federal court, resulting in successful jury verdicts.

Representative Matters

Appellate Cases

Kaspi v. Home Depot (N.J. Super.  App. Div. 2012). After a trial conducted in the Superior Court of New Jersey, Bergen County, during March 1-31, 2011, the jury entered a defense verdict rejecting plaintiff’s claims of a hostile work environment due to religion, national origin, and disability status and retaliatory discharge. The Appellate Division dismissed the plaintiff’s appeal on April 30, 2012.

Eustache v. Home Depot, 2014 U.S. Dist. LEXIS 123509 (E.D.N.Y. 2014), aff’d, 2015 U.S. App. LEXIS 19198 (2d Cir. 2015). The U.S. Court of Appeals for the Second Circuit affirmed the entry of summary judgment dismissing claims of reverse gender discrimination and retaliatory discharge brought under Title VII of the Civil Rights Act of 1964.

District Court Cases

Donovan v. Rite Aid of New York, Inc., Civil Action No. 13-cv-2937, 2013 U.S. Dist. LEXIS 168188 (S.D.N.Y. 2013). The court granted summary judgment in favor of defendants Rite Aid of New York, Inc., and David Harper and dismissed the claims of plaintiff Frederick Donovan, a former assistant store manager who participated in class action litigation alleging overtime violations under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). In its decision, the court determined that, as a matter of law, the class action settlement agreement, of which the plaintiff was an opt-in member, released all the claims alleged in his subsequent lawsuit, including his claims of retaliation.

Marine v. Home Depot U.S.A., Inc., 12-cv-837, 2013 U.S. Dist. LEXIS 176823 (N.D.N.Y. 2013). The court dismissed the plaintiff’s FLSA claims and NYLL state law misclassification claims pursuant to Federal Rules of Civil Procedure (“F.R.Civ.P”) 41(b) for the plaintiff’s failure to prosecute.

Biagiotti v. Home Depot U.S.A., Inc., 12-cv-837, 503 B.R. 232 (N.D.N.Y. 2013). The court applied judicial estoppel to bar the plaintiff’s FLSA claims and NYLL state law misclassification claims because the plaintiff failed to list those claims in his Chapter 13 bankruptcy petition.

Yuskauskas v. Home Depot U.S.A., Inc., 12-cv-837, 2013 U.S. Dist. LEXIS 176238 (N.D.N.Y. 2013). The court applied judicial estoppel to bar the plaintiff’s FLSA claims and NYLL state law misclassification claims because the plaintiff failed to list those claims in his Chapter 13 bankruptcy petition.

Schneider v. Home Depot U.S.A., Inc., 12-cv-837, 2013 U.S. Dist. LEXIS 176234 (N.D.N.Y. 2013). The court applied judicial estoppel to bar the plaintiff’s FLSA claims and NYLL state law misclassification claims because the plaintiff failed to list those claims in his Chapter 7 bankruptcy petition.

In each of the following six cases, the court granted summary judgment to Home Depot U.S.A., Inc., and dismissed the claims of the plaintiffs, each former assistant store managers, who participated in litigation alleging overtime violations under the FLSA and the NYLL. In each decision, the court found that the plaintiff was properly classified as a bona fide executive exempt from the overtime compensation requirements of the federal and state laws.

  • Repp v. Home Depot U.S.A., Inc., 12-cv-837, 2014 U.S. Dist. LEXIS 79882 (N.D.N.Y. 2014).
  • Pangione v. Home Depot U.S.A., Inc., 12-cv-837, 2014 U.S. Dist. LEXIS 79761 (N.D.N.Y. 2014).
  • Glickman v. Home Depot U.S.A., Inc., 12-cv-837, 2014 U.S. Dist. LEXIS 75180 (N.D.N.Y. 2014).
  • Holloway v. Home Depot U.S.A., Inc., 12-cv-837, 2014 U.S. Dist. LEXIS 62187 (N.D.N.Y. 2014).
  • Yingling v. Home Depot U.S.A., Inc., 12-cv-837, ECF No. 190, 2014 U.S. Dist. LEXIS 116907 (N.D.N.Y. 2014).
  • Amash v. Home Depot, 12-cv-837, 2014 U.S. Dist. LEXIS 133214 (N.D.N.Y. 2014).

Parson v. Home Depot U.S.A., Inc., Civil Action No. 13-cv-4817, 2014 U.S. Dist. LEXIS 26503 (D.N.J. 2014). On March 3, 2014, the court entered an Order dismissing the plaintiff’s claim for retaliatory discharge for reporting breaches of company privacy policy in violation of the New Jersey Conscientious Employee Protection Act, finding that the plaintiff failed to plead the statute, regulation, or public policy that was violated in the plaintiff’s discharge.

Rodriguez v. Canada Dry Bottling Company, 2015 U.S. Dist. LEXIS 134838, 2015 WL 5770502 (D.N.J. 2015) (Hayden J.). This case involves claims by three former distributors who allege that they were misclassified as independent contractors and seek unpaid overtime under the FLSA and New Jersey Wage and Hour Law, and benefits under the Employee Retirement Income Security Act. On September 30, 2015, the court entered an Order granting Canada Dry’s motion to dismiss under F.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief may be granted. By text order entered on December 17, 2015, the case was terminated.

Frazier v. Home Depot, 2016 U.S. Dist. LEXIS 147098, 2016 WL 4820172 (D.N.J. 2016) (Linares J.). The plaintiff alleges a violation of Title VII of the Civil Rights Act of 1964 based on race discrimination and retaliation when his employment was terminated. On February 8, 2016, the court granted Home Depot’s F.R.Civ.P. 12(b)(6) motion to dismiss the plaintiff’s pleadings for failure to establish discrimination and retaliation claims. By Order entered on April 5, 2016, the court dismissed the case with prejudice.

Kennantudawe v. Home Depot, Civil Action No. 15-8752 (MCA/SCM) (D.N.J. 2016). The plaintiff claimed discrimination/retaliatory discharge based on race, national origin, and age. By Order dated August 2, 2016, the court granted Home Depot’s F.R.Civ.P. 12(b)(6) motion for failure to meet pleading requirements and dismissed the case. By Order dated August 26, 2016, the court closed the case.

Yesmin v. Rite Aid of N.Y., Inc., No. CV 10-4157, 2012 U.S. Dist. LEXIS 127655 (E.D.N.Y. 2012). By Order entered on September 6, 2012, the court granted Rite Aid’s motion for summary judgment dismissing with prejudice the plaintiff’s FLSA claim for unpaid overtime because he was misclassified under the executive exemption. The court declined to exercise supplemental jurisdiction over the plaintiff’s state and city law claims relating to age/ethnicity discrimination, dismissing without prejudice.

Thought Leadership

Mr. Brady has been listed in Chambers USA: America's Leading Lawyers for Business (2006, 2008 to 2018) in the area of Labor & Employment Law. He has also received an "AV" Peer Review Rating by Martindale-Hubbell, signifying the highest level of professional excellence. His peers have selected him for inclusion in The Best Lawyers in America© (2007 to 2019) in the fields of Employment Law—Management, Labor Law—Management, and Qui Tam Law, and he was recognized as the 2019 “Lawyer of the Year” for Employment Law—Management in Newark. Mr. Brady was also selected for the New Jersey Super Lawyers list (2005 to 2018) in the areas of Employment & Labor, Immigration, and Employee Benefits. Mr. Brady was "Recommended" in the Labor and Employment Litigation category by The Legal 500 United States (2012 to 2018)

In addition, Mr. Brady speaks frequently at industry conferences and seminars. For example, he participated in the NELA-NJ Annual Conference: October 30, 2015 – "Title VII/Federal Agency Protections for Transgender Individuals: Emerging Issues in the Defense of Discrimination Claims Based on Gender Identity/Expression and Sexual Orientation.”

Education
  • Rutgers University School of Law – Newark (J.D., 1980)
  • Rutgers University, The Graduate School – New Brunswick (Ph.D., 1975)
  • Rutgers University, The Graduate School – New Brunswick (M.A., 1969)
  • Fairleigh Dickinson University (B.A., 1968)
Court Admissions
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court, District of New Jersey
  • 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 Jersey
  • New York
Memberships
  • American Employment Law Council
  • American Bar Association, Labor and Employment Law Section
  • New Jersey State Bar Association
  • New York State Bar Association
  • Essex County Bar Association, President (2003-2004) and Trustee (1996-2000), Chair of Immigration Law Section
  • American Immigration Lawyers Association