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Tara E. Daub



Tara Eyer Daub is a litigation attorney in Nixon Peabody’s Labor & Employment group. She represents employers in trial and appellate court litigation; governmental investigations; labor relations negotiations, disputes and union representation proceedings; and providing strategic and compliance counseling relating to employment decisions and policies, for union and non-union employers.

What do you focus on?

I have extensive experience representing hospitals and other health care industry clients; institutions of higher education and private schools; airlines; and companies in the technology, financial services, retail, hospitality and transportation industries.

My deep experience as a litigator helps me strategize with clients on how to avoid litigation, and I work closely with employers to develop and review personnel policies and conduct training sessions for managers and employees at all levels. I also conduct internal investigations of complaints of sexual and other types of harassment.

Employment Litigation

I defend clients against employment-related claims of all types in federal and New York state courts, and before various administrative agencies, including the Equal Employment Opportunity Commission, New York State Division of Human Rights, New York City Commission on Human Rights, United States Department of Labor, New York State Department of Labor and National Labor Relations Board. My experience includes defending wage-hour collective and class actions; claims of employment discrimination, harassment and retaliation; actions under the FMLA and disability laws; whistleblower claims; independent contractor misclassification claims; and breach of contract and restrictive covenant actions. I also represent employers in arbitrations in various forums.

Labor Relations

I advise employers on their rights and obligations in labor relations disputes involving collective bargaining agreements and other matters under the jurisdiction of the National Labor Relations Board, including union organizing and unfair labor practice proceedings. I have represented many health care systems and institutions of higher education in labor relations matters.

Strategic and Compliance Counseling

I have extensive experience counseling clients on a variety of labor and employment law subjects, including employee discipline and discharge decisions; complaints of sexual and other types of harassment; managing leaves of absence and disability-related issues; wage-hour issues, including overtime and payroll practices; workforce structuring decisions; and labor relations. Much of my work involves advising clients, including major national and international companies, on compliance with the complex federal, state and local employment laws that govern these issues.

What do you see on the horizon?

Employers will continue to need innovative strategies for successfully managing their workforces in a climate of rapid change. We anticipate those changes and provide employers with solutions.

Publications

  • “Structuring On-Campus Internships Under the Fair Labor Standards Act,” NACUANOTES, National Association of College and University Attorneys, February 13, 2017
  • “New regulations addressing compensation of New York employees by payroll debit cards and direct deposit are struck down,” Employment Law Alert, March 17, 2017
  • “New York employers using direct deposit or payroll debit cards to pay their employees are subject to additional notice, consent and other requirements,” Employment Law Alert, September 22, 2016
  • “How the FLSA’s new overtime threshold may have unintended consequences for higher education institutions,” Higher Education/Employment Alert, April 11, 2016
  • “New York City Commission on Human Rights Issues Enforcement Guidance on the Fair Chance Act,” Employment Law Alert, November 17, 2015
  • “What Browning-Ferris means to you: The NLRB’s new test for joint employer status,” Employment Law Alert, August 28, 2015
  • “NYS health care volunteers in the fight against Ebola receive protection against discrimination by their employers,” Health Care Alert, May 20, 2015
  • “New York City expected to ban employers from requesting or using credit histories,” Employment Law Alert, April 29, 2015
  • “Court ‘hits the brakes’ on lawyer’s retaliation claims against his client’s former employer,” Employment Law Alert, April 17, 2015
  • “NY to raise tipped minimum wage to $7.50 per hour,” Employment Law Alert, February 25, 2015
  • “When Duty Calls: New York enacts labor law requiring leave for first responders,” Employment Law Alert, January 7, 2015
  • “So close, yet so far — the bill amending the New York Wage Theft Prevention Act still not signed,” Employment Law Alert, December 12, 2014
  • “Lawyers as a protected class? Lawyer ‘spins’ client’s retaliation claim and files lawsuit to lift ban from cycling studio,” Employment Law Alert, November 26, 2014
  • “EEOC Updates Guidelines on Pregnancy Discrimination,” Newsday, August 18, 2014
  • “Intern Rights May Be Next Trend in Employment Law,” Law360, April 18, 2014
  • “The New York City Human Rights Law amended to protect unpaid, non-employee interns from discrimination and harassment,” Employment Law Alert, April 2, 2014
  • “Pregnancy accommodation: what employers need to know about recent amendments to the New York City Human Rights Law,” Employment Law Alert, January 16, 2014

Presentations

  • “Internships and Student Placements: Finding Opportunities that Work,” National Association of College and University Attorneys (NACUA), Annual Conference, Chicago, IL, June 26, 2017
  • “Joint Employer Relationships: Managing Risks and Avoiding Liability,” National Association of College and University Attorneys (NACUA), CLE Workshop, Seattle, WA, March 31, 2017
  • “Institutional Risks & Responsibilities for Student Internships and Placements,” National Association of College and University Attorneys (NACUA), Webinar, February 16, 2017
  • “Hot Topics In Labor & Employment: What’s Next for the FLSA,” November 2016
  • “Panel Discussion with NLRB Board Member,” April 12, 2016
  • “Laboring for FLSA Compliance: Legal Updates and Practical Guidance,” National Association of College and University Attorneys (NACUA) Annual Conference, Washington, D.C., July 1, 2015
  • “Employment Law Update: What’s new with the NLRB?” June 24, 2015
  • “2014 mid-year update: briefing on recent employment law developments for New York employers,” July 22, 2014
  • “Webinar: Are you ready for the NYC Earned Sick Time Act?” March 21, 2014
  • “2014 HR update: new obligations for New York City employers,” March 14, 2014
  • “Human resource update: a special report for nonprofit organizations’ interns and volunteers in the nonprofit sector,” August 14, 2013

The right-to-work movement

Long Island Business News | October 18, 2017

Long Island labor and employment partner Tara Daub provides commentary in this article on the National Labor Relations Board and a proposed right-to-work bill.

Obama's Overtime Proposal Could Be Costly for Colleges

The Chronicle of Higher Education | July 01, 2015

Long Island Labor & Employment partner Tara Daub provides commentary in this article on the Obama administration’s proposed overtime pay rules.

Contact

Tara E. Daub

Partner

Long Island

Phone: 516-832-7613

New York

Phone: 212-940-3046


Fax: 866-741-1563

Dickinson School of Law, Pennsylvania State University, J.D.

Millersville University, B.A., cum laude

New York

U.S. Court of Appeals, Second Circuit

U.S. District Court, Eastern District of New York

U.S. District Court, Southern District of New York

U.S. Court of Appeals, District of Columbia Circuit

U.S. Supreme Court

Tara was selected for the Long Island Business News "40 Under 40 Class of 2012" award in recognition of her civic and professional achievements.

Tara is a member of the New York State and the Nassau County bar associations.

Tara is a member of the National Association of College and University Attorneys (NACUA).

Tara performs pro bono legal services for various nonprofit organizations. She received the Legal Aid Society’s Pro Bono Award for outstanding services to the Legal Aid Society in New York City and its clients in 2008. She was also honored by Pro Bono Partnership as a Volunteer of the Year for 2014.

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