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    Erin Malone photograph

    Erin L. Malone

    Partner

    Tampa
    813-472-7891
    erin.malone@phelps.com
    Areas Of Focus
    Labor and EmploymentEducationWorkplace Compliance and Investigations

    Erin Malone helps employers manage labor, employment, workplace safety and regulatory challenges that can disrupt operations and create significant legal exposure. She represents companies nationwide in litigation, arbitration and agency proceedings involving employment disputes, workplace safety matters, labor relations, whistleblower claims and other workforce issues. Employers also rely on Erin for practical guidance on compliance obligations, government investigations and day-to-day workplace decisions.

    Drawing on extensive experience before federal and state agencies, she represents employers in investigations and proceedings before the Equal Employment Opportunity Commission, Department of Labor, National Labor Relations Board, Occupational Safety and Health Administration and other regulatory bodies. She helps employers respond to agency inquiries, navigate enforcement actions and address workplace issues before they escalate into larger disputes.

    National employers turn to Erin for counsel on workplace safety, Occupational Safety and Health Administration (OSHA), Surface Transportation Assistance Act (STAA), whistleblower and other regulatory matters, including compliance challenges, government investigations and agency proceedings across multiple jurisdictions. She works with employers to assess risk, develop practical compliance strategies and respond effectively to evolving regulatory requirements.

    Erin also advises employers on workplace investigations, employee discipline and compliance with federal, state and local employment laws. Her experience includes preparing employment agreements, restrictive covenant agreements, severance agreements and multistate employee handbooks and policies that support business objectives while addressing legal and operational considerations.

    Education law is another important facet of Erin’s legal practice. Schools rely on her for guidance on student, faculty, employment, governance and policy matters. As outside counsel to K-12 schools, she provides practical advice on a broad range of day-to-day legal and compliance issues affecting educational organizations.

    Erin serves as the Florida chapter editor and a regional editor for multiple state chapters of Bloomberg BNA's Wage and Hour Laws: A State-by-State Survey treatise.

    Erin also advises employers on workplace investigations, employee discipline and compliance with federal, state and local employment laws. Her experience includes preparing employment agreements, restrictive covenant agreements, severance agreements and multistate employee handbooks and policies that support business objectives while addressing legal and operational considerations.

    Education law is another important facet of Erin’s legal practice. Schools rely on her for guidance on student, faculty, employment, governance and policy matters. As outside counsel to K-12 schools, she provides practical advice on a broad range of day-to-day legal and compliance issues affecting educational organizations.

    Erin serves as the Florida chapter editor and a regional editor for multiple state chapters of Bloomberg BNA's Wage and Hour Laws: A State-by-State Survey treatise.

    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.
    • 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

    • August 20, 2026

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    • August 13, 2026

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    • June 25, 2026

      Back-to-School Hiring: Fifth Circuit Affirms that Classroom Supervision is an Essential Function Under the ADA…

    • June 1, 2026

      Florida Employers Gain Clearer Claims Timelines Starting July 1 Under Amended Civil Rights Act…

    • August 26, 2025

      Tampa Bay Chamber of Commerce Cannon Fire & Cocktails Event 2025…

    • August 21, 2025

      More than 200 Phelps Lawyers Recognized in 2026 Edition of Best Lawyers…

    • March 5, 2025

      Florida Ends In-State Tuition Benefits for Undocumented Students …

    • February 14, 2025

      A Quick Guide to What K-12 Schools Need to Look Out for with Recent Executive Orders…

    • January 30, 2025

      Keeping at the Head of the Class: Don’t Forget the NLRA …

    • January 15, 2025

      OSHA Bumps Fines for Employer Violations Starting Jan. 15…

    • December 10, 2024

      Navigating Change: Workplace Law Developments to Expect Under the New Presidency…

    • November 14, 2024

      NLRB Rules Mandatory Captive-Audience Meetings Unlawful …

    • August 15, 2024

      185 Phelps Lawyers Chosen for Best Lawyers in America, 20 Named "Lawyer of the Year," 26 Added to “Ones to Watch” List…

    • September 13, 2023

      ACEC Presents Hot Topics in Labor & Employment Law…

    • August 17, 2023

      Best Lawyers in America Selects 208 Phelps Lawyers, Names 12 "Lawyer of the Year," Adds 47 to "Ones to Watch" List…

    • July 26, 2023

      Shifting Tides with Restrictive Covenants: Georgia Appellate Court Voids Non-Solicitation Covenant Lacking Geographic Limit…

    • March 27, 2023

      DOL’s Proposed Overtime Rule Projected Soon: How Can Employers Prepare? …

    • November 16, 2022

      RTAC-ACC Presents Best Practices for Discrimination and Harassment Training…

    • August 18, 2022

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    • February 2, 2022

      Advanced Employment Law Topics for HR Professionals in Florida…

    • December 16, 2021

      Florida Law Limits Private Employers’ Ability to Mandate Vaccines…

    • November 4, 2021

      Phelps Partner Class Recognized for “Tipping the Scales” Toward Gender Parity…

    • Tuesday, January 26, 2021

      Employment Law Basics for HR Professionals…

    • January 25, 2021

      Phelps Elects Five to Partnership…

    • July 23, 2020

      Two Religious Schools Protected from Teachers' Employment Discrimination Claims by the Ministerial Exception…

    Recognition

    • Employment Law - Management (2022-2027), Litigation - Labor and Employment (2023-2027), The Best Lawyers in America
    • Florida Super Lawyers Rising Stars list, Super Lawyers (2013-2017)
    • Employment Law - Management (2022-2027), Litigation - Labor and Employment (2023-2027), 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
    • 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
    • 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
    • Florida Chapter Editor and Regional Editor (2026), Bloomberg BNA Wage and Hour Laws: A State-by-State Survey

    • 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
    • The Florida Bar
    • Hillsborough County Bar Association
    • Florida Chapter Editor and Regional Editor (2026), Bloomberg BNA Wage and Hour Laws: A State-by-State Survey

    • 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
    • Overview
    • Experience
    • Insights
    • Recognition
    • Education
    • Credentials
    • Memberships and Affiliations

    Related Services

    • Labor and Employment
    • Employment Litigation
    • Labor Relations
    • Workplace Compliance and Investigations
    • Wage and Hour
    • Litigation
    • Education
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