Barbara E. Hoey

Partner at
Kelley Drye & Warren LLP

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Barbara Hoey is a partner in the firm’s New York office and chair of the Labor and Employment practice group. She has more than two decades of experience counseling her clients in all areas of employment law and representing them in single-plaintiff and class action litigation.

Ms. Hoey has litigated and won more than a dozen jury and bench trials involving claims arising under Title VII, Americans with Disabilities Act (ADA), False Claims Act, Fair Labor Standards Act (FLSA), New York State Whistleblower Law, Family Medical Leave Act (FMLA), and the Age Discrimination in Employment Act (ADEA). She has also litigated cases concerning breach of non-compete contracts and theft of trade secrets.

Ms. Hoey also advises clients on compliance with the employment laws and provides strategies for handling today’s endless variety of workplace issues, such as managing difficult termination decisions, policy design, handling lay-offs and oversight of internal investigations.

She has worked with employers in a variety of industries and of all types, including healthcare and telecommunication companies, as well as universities and non-profit entities.

Representative Experience

  • Won a defense verdict for a hospital accused of terminating its Director of Risk Management for whistleblowing.
  • Won a $7.1 million verdict representing the plaintiff, a multinational corporation, asserting claims of breach of a non-compete contract and violation of the Lanham Act.
  • Won dismissal of a class action lawsuit alleging violations of the FLSA and New York State Labor Law.
  • Won summary judgment for the defendant in a lawsuit alleging violation of the ADA in U.S. District Court for the Eastern District of New York.
  • Won summary judgment for the defendant in an age discrimination lawsuit in U.S. District Court for the Northern District of New York. Court also dismissed plaintiff’s claim for breach of contract.
  • Won a defense verdict after trial, dismissing a lawsuit alleging retaliation and violation of the New York Whistleblower Law.
  • Obtained a jury verdict for the defendant in a Title VII litigation matter in which the plaintiff alleged race discrimination, wrongful termination, racial harassment and retaliation.
  • Obtained a jury verdict for the defendant in a Title VII race/national origin discrimination litigation matter.
  • Obtained a jury verdict of $1.00 in nominal damages in a federal sexual harassment litigation matter. Drafted appellate brief to Second Circuit in the successful appeal of the district court award of attorneys’ fees to the plaintiff.
  • Obtained a jury verdict for the defendant in a federal civil rights/breach of contract action against the Yonkers School Board.
  • Obtained summary judgment in the U.S. District Court for the Eastern District of New York for The WIZ in an FLSA litigation matter brought by a sales associate.
  • Obtained summary judgment for the defendant in a sexual harassment litigation matter. Decision was affirmed by the Second Circuit.
  • Obtained summary judgment for the defendant in an action brought by a group of professional employees under the FLSA seeking to challenge their exempt status.

Honors & Awards

  • Listed as a New York “Super Lawyer,” 2009-2011 and 2013-2014
  • Ranked as a leading practitioner in the Labor & Employment area by Chambers USA, 2008-2014
  • Kelley Drye Labor and Employment group recognized as a leading practice in New York, Chambers USA, 2008 and 2009
  • Editorial Advisory Board, Employment Law 360, Member
  • Corporate Circle - National Council for Research on Women, Member

Practice Areas

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