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Erin L. Malone

Partner

Areas Of Focus
Labor and EmploymentWage and HourEducation

Erin Malone practices in the areas of labor and employment and education. She represents employers throughout the United States and across industries in civil court litigation, arbitrations and administrative proceedings regarding claims involving employment discrimination and retaliation laws, wage and hour laws, health and safety laws, family and medical leave laws and other state and local sick leave laws, whistleblower laws, restrictive covenants, and various employment-related torts, as well as state and local employment laws. She represents employers in administrative investigations and proceedings before the Equal Employment Opportunity Commission, Department of Labor, National Labor Relations Board, Occupational Safety and Health Administration, and the various state and local administrative agencies.

Erin counsels and assists employers with workplace investigations and employee discipline, as well as compliance with various federal, state, and local labor and employment laws, including the preparation and/or review of employment contracts, drug-testing policies, severance agreements, and employee handbooks and policies for multi-state employers.

She also provides guidance to employers on union-related activities including organizing campaigns and strategic planning on labor relations issues and defends employers in unfair labor practice cases before the National Labor Relations Board. 

Erin represents private schools with student and faculty relations, and advises on student and faculty policies and practices, drafts and revises contracts, and represents schools in related litigation and administrative matters.

Erin is also a member of the firm's Diversity and Inclusion Committee.

Experience

  • Representation of numerous multi-state employers, across industries, advising on state and local employment laws, including wage and hour laws and leave laws.
  • Representation of financial services firms in advising and counseling on employee issues and employment policies and practices, including New York City, New York State, California, among others.
  • Representation of private schools in advising and counseling on student and faculty issues, as well as education policies and practices.
  • Representation of moving and storage company in race and age discrimination case in Hawaii, pregnancy discrimination case in Florida, and race discrimination in Nevada.   
  • Representation of a laboratory services company in advising and counseling on environmental, health, and safety issues and representation in matters before federal and state occupational safety and health agencies (OSH).
  • Advised a transportation and storage company in union elections and organizing campaigns in Hawaii, New Jersey and Connecticut.
  • Representation of numerous employers in defense of charges of discrimination, harassment, and retaliation filed with the U.S. Equal Employment Opportunity Commission, the Florida Commission on Human Relations, and other state and local EEOC agencies.
  • Representation of multiple clients in single-plaintiff EEO lawsuits in federal courts in Florida and other states.
  • Representation of worldwide logistics company in numerous labor arbitrations and unfair labor practice charges.
  • Representation of national car rental company in disability discrimination case in Colorado, national origin discrimination case in Arizona, pregnancy discrimination case in Nevada, worker’s compensation retaliation case in Michigan and national origin and race discrimination case in North Carolina, among others.
  • Representation of a national home health care company in collective action wage and hour litigation and multiple spin-off multi-plaintiff lawsuits case in Florida.
  • Representation of a national tax preparation services company in collective and class wage and hour litigation and multiple spin-off single and multi-plaintiff lawsuits in Florida.
  • Representation of a national blood testing lab in collective action wage and hour cases in New York, Florida, and Tennessee.
  • Representation of parking management company in collective action wage and hour case in Florida.
  • Representation of a national tax preparation services company in religious and national origin discrimination case in Georgia; national origin discrimination cases in Texas, New York and North Carolina; race discrimination cases in Delaware and Florida; sex discrimination case in Texas and Missouri; age discrimination in Pennsylvania; and worker’s compensation retaliation case in Florida, among others throughout the United States.
  • Representation of shipbuilding and repair company in defense of national origin discrimination,whistleblower retaliation and sexual harassment cases.

Insights

Recognition

  • Employment Law - Management (2022-2026), Litigation - Labor and Employment (2023-2026), The Best Lawyers in America
  • Florida Super Lawyers Rising Stars list, Super Lawyers (2013-2017)

Education

  • Stetson University College of Law, J.D., cum laude, 2006
  • Wake Forest University, B.A., Political Science and Spanish, 2003

Credentials

  • Florida
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Northern District of Florida
  • U.S. District Court, Southern District of Florida

Memberships and Affiliations

  • The Florida Bar
  • Hillsborough County Bar Association
  • North Carolina Chamber - Workplace Committee (2023)
  • National Association of Independent Schools
  • Hillsborough Association for Women Lawyers, Scholarship Committee (2013)
  • Federal Bar Association, Thurgood Marshall National Moot Court Competition (2012-2013)
  • Tampa Bay Chamber of Commerce, Member
  • South Tampa Chamber of Commerce, Member
  • The ALS Association Florida Chapter (Board of Directors, 2012-2014; Board Nominating and Development Committee, 2013-2014)
  • Academy of Florida Management Attorneys

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