Phelps Dunbar LLP Logo
  • Services
  • Insights
  • Professionals
Phelps Dunbar LLP Logo
  • Services
  • Insights
  • Professionals
  • ABOUT US
  • LOCATIONS
  • SUSTAINABILITY
  • CAREERS
  • Practices
  • Industries
    Erin Malone photograph

    Erin L. Malone

    Partner

    Tampa
    813-472-7891
    erin.malone@phelps.com
    Areas Of Focus
    Labor and EmploymentWage and Hour

    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.

    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.
    • 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

    • 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…

    More +
    • 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

      Best Lawyers in America Selects 158 Phelps Lawyers, Names 10 "Lawyer of the Year," Adds 40 to "Ones to Watch" List…

    • 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

    • Florida Super Lawyers Rising Stars list, Super Lawyers (2013-2017)
    • Employment Law - Management (2022-2025), Litigation - Labor and Employment (2023-2025), The Best Lawyers in America
    • Florida Super Lawyers Rising Stars list, Super Lawyers (2013-2017)
    • Employment Law - Management (2022-2025), Litigation - Labor and Employment (2023-2025), The Best Lawyers in America

    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
    • 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
    • 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
    • Wage and Hour
    • Litigation
    • Education
    Stay connectedReceive our latest thinking on topics you care about.SIGN UP NOW
    • ©2025 Phelps Dunbar LLP. All Rights Reserved
    • Lawyer Advertising
    • Privacy & Disclaimer
    • Contact Us
    © 2025 Phelps Dunbar LLP. All Rights Reserved