Josh Alloy handles all aspects of labor and employment matters involving day-to-day counseling, transactions, and litigation. Mr. Alloy has experience conducting internal investigations and audits, and advising and defending clients in connection with internal complaints and administrative proceedings before federal and state agencies. Mr. Alloy regularly advises clients on complicated leave and disability issues, non-compete and trade secrets, independent contractor and employee classifications, government contractor compliance, and employment aspects of corporate transactions. Mr. Alloy drafts and negotiates employment and consulting contracts, separation agreements, commission and compensation plans, and workplace policies and handbooks, and counsels clients on terminations, reductions-in-force, and alternatives to layoffs. Mr. Alloy also frequently conducts in-house harassment and diversity trainings.

In addition, Mr. Alloy defends clients against individual and class claims of employment discrimination and harassment, retaliation, wage-hour violations, constitutional violations, and breach of contract in federal and state courts, arbitrations, and administrative proceedings. Mr. Alloy's work and clients cut across almost every industry, including financial services, insurance, media, sports and entertainment, healthcare, hospitality, science and technology, national security, government contracting, and telecommunications, as well as tax-exempt organizations and foundations.

Mr. Alloy writes frequently on cutting-edge labor and employment law matters, including wage-hour issues and both DC- and NY-area developments.

Mr. Alloy earned his JD in 2001 from the University of Pennsylvania, cum laude, where he was elected to the Order of the Coif, received the M.H. Goldstein Memorial Prize for Labor Law, and served as Senior Editor of the University of Pennsylvania Law Review.

Experience

  • Obtained summary judgment dismissing wage-hour claims of insurance claims adjuster brought on behalf of a putative class; first decision within Third Circuit finding that claims adjusters meet the FLSA’s administrative exemption.
  • Successfully opposed motion for Rule 23 class certification of a putative class of newspaper deliverers alleging misclassification as independent contractors.
  • Obtained summary judgment dismissing claims of former telecommunications industry employee alleging gender and age discrimination.
  • Public transportation agency against highly publicized First Amendment retaliation and whistleblower claims brought by former Director of Security, resulting in summary judgment upheld on appeal.

Perspectives

The Next Shutdown: How Gov't Contractors Can Prepare
Aerospace & Defense Law360, Employment Law360, Government Contracts Law360, Public Policy Law360
How Government Contractors Can Protect Themselves During a Government Shutdown
Advisory
A Key Update on UK, EU, and US Employment Issues
Arnold & Porter Kaye Scholer and North Eastern Human Resources Association, Waltham, MA
Common Pitfalls and Recent Developments in Wage and Hour and Paid Leave Laws
Arnold & Porter's Insights for Nonprofit Organizations Breakfast Series, Washington, DC
Checklist: Conducting Employment Investigations (pdf)
Bloomberg BNA
More

Recognition

Bronx Arts Ensemble
Honoree for pro bono contributions, recognized by the New York State Assembly and New York City Council (2018)
Washington, DC Super Lawyers
Employment & Labor; Employment Litigation (2018)
"Rising Star" – Employment & Labor; Employment Litigation (2013-2016)
The Legal Aid Society Pro Bono Publico Awards (2015)
More

Credentials

Education
  • JD, University of Pennsylvania Law School, 2001, cum laude, Order of the Coif
  • BA, Swarthmore College, 1998, with honors
Admissions
  • District of Columbia
  • New York
  • US Court of Appeals for the Second Circuit
  • US District Court, Southern District of New York
  • US District Court, Eastern District of New York
  • US District Court, District of Columbia
Activities
  • Member, Labor and Employment Law Section, American Bar Association
  • Member, Labor and Employment Section, District of Columbia Bar Association
Overview

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