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.

Resume

Experience

•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

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

Publications

Selected Publications

•Co-author, New Jersey Expands Paid Leave Relief Available to Employees in the Wake of COVID-19 Pandemic, Duane Morris Alert, April 16, 2020
•Co-author, New Jersey and New York Governors Mandate Masks and Other Measures to Protect Workers and Citizens, Duane Morris Alert, April 15, 2020
•Co-author, New Jersey Orders Citizens to Stay at Home Amid COVID-19 Pandemic, Duane Morris Alert, March 24, 2020
•Co-author, New Jersey Expands Reach of Law Against Discrimination and Enforcement Powers, Duane Morris Alert, March 10, 2020
•Co-author, New Jersey Wage and Hour Resolutions for 2020 - Added Incentives for Compliance, Duane Morris Alert, January 16, 2020
•Author, Enactment of New Jersey's CROWN Act Warrants Review of Employer Policies Governing Grooming and Appearance Standards, Duane Morris Alert, January 6, 2020

•Co-author, New Jersey Joins the Salary History Ban Wagon, Duane Morris Alert, August 8, 2019

•Co-author, New Jersey Introduces Employment Protections for Medical Marijuana Users, Duane Morris Alert, July 22, 2019

•Co-author, OP-ED: Changes Ahead - What Employers Need to Know About Expanded Paid Family Leave Benefits, NJBIZ, May 28, 2019

•Co-author, New Jersey Appellate Division Finds Employee Stated Viable Claim Against Employer for Failure to Accommodate Off-Duty Use of Medicinal Marijuana, Duane Morris Alert, May 1, 2019

•Author, New Jersey Expands Paid Family Leave Benefits, Duane Morris Alert, March 21, 2019

•Author, New Jersey May Enact New Restrictions on Confidentiality Provisions in Agreements with Employees in Wake of #MeToo Movement, Duane Morris Alert, February 25, 2019

•Author, New Jersey Passes Paid Sick Leave Law, Duane Morris Alert, May 17, 2018

•Co-author, Pay Equity Protection in New Jersey, Then and Now: A Call for Prompt Action by New Jersey Employers, Duane Morris Alert, May 7, 2018

•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

Speaking Engagements

Selected Speaking Engagements

•Speaker, COVID-19 Employer Update: Implementing the FFCRA - What Employers Need to Know, Duane Morris Institue (DMi), Webinar, April 21, 2020

•Speaker, Nipping Retaliation Claims in the Bud, Duane Morris' Developments in Workplace Law and Practice, Philadelphia, May 7, 2019

•Speaker, Duane Morris' Developments in Workplace Law and Practice, New York, May 4, 2017
•Lecturer, Developments in Workplace Law and Practice, Duane Morris seminar, May 21, 2015
•Lecturer, Developments in Workplace Law and Practice, Duane Morris seminar, June 5, 2014
•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