Jonathan Stoler

Jonathan Stoler is a partner in the New York office. He serves as Global Practice Group Leader of the firm’s Labor and Employment Practice and the National Non-Competition and Trade Secrets Team. He recently led the Sheppard Mullin team who were recognized in the Financial Times 2019 North America Innovative Lawyer Report for a joint project to address and remediate workplace pay disparities.

Areas of Practice

Jonathan's practice encompasses a wide range of labor and employment matters, including the defense of single plaintiff and class action discrimination, wrongful discharge and wage/hour claims, in addition to employment contract, non-competition, whistleblower, sexual harassment and related claims. He regularly represents clients in labor and employment litigations in federal and state courts, in arbitrations before the American Arbitration Association and the Financial Industry Regulation Authority, and in proceedings before various administrative agencies, including the Equal Employment Opportunity Commission, the U.S. Department of Labor and state agencies throughout the United States. Jonathan has conducted numerous internal investigations and compliance inquiries for several U.S. and foreign corporations. He also represents clients in collective bargaining negotiations, labor arbitrations and all stages of the labor election process, including election campaigns and hearings before the National Labor Relations Board.

Jonathan regularly counsels both domestic and international clients regarding the preparation and administration of personnel policies and provides advice to clients regarding reductions-in-force, discipline and discharge, employee disability and leaves of absence issues. He also advises management on the labor aspects of mergers and acquisitions and the extraterritorial application of U.S. laws.

Jonathan is published and quoted frequently on a variety of employment law issues in major academic and business publications such as the National Law Review, The New York Law Journal, The Metropolitan Corporate Counsel and Employment Law 360, and is a frequent speaker at national and international programs.

Experience

Representative Clients

Ares Management: Mr. Stoler leads a global team that represents Ares on its employment law matters throughout the world.

Israel Discount Bank: Mr. Stoler obtained summary judgment in multi-plaintiff action on behalf of Israel Discount Bank resulting in dismissal of 18 causes of action alleging race, color, gender, religious and ethnicity discrimination and retaliation under Title VII, Section 1981, the New York State Human Rights Law and the New York City Human Rights Law.

Williams Sonoma: Mr. Stoler obtained summary judgment and defeated motion for class certification in wage and hour class action brought by drivers hired by third-party trucking companies and providing delivery services to Williams Sonoma customers.

U.S. Bank: Mr. Stoler obtained summary judgment and complete dismissal of all claims filed by a former municipal bond banker asserting unequal pay claims under the EPA, and race and gender discrimination and retaliation claims under Title VII and its state and local analogs.  He has represented this client in multiple employment litigations including, but not limited to, promissory note recoupment and restrictive covenant enforcement matters.

TP ICAP (f/k/a Tullett Prebon): Mr. Stoler obtained a complete victory in a case spanning three years against a former employee and their current employer for breach of contract, breach of fiduciary duty, and tortious interference with contract. After a 3-day arbitration, the FINRA panel awarded approximately $2 million in damages and attorneys' fees and dismissed the employee's counterclaims with prejudice.  He also obtained a complete defense verdict in a case seeking to hold TP ICAP liable for multi-million dollar bonuses claimed by risk arbitrage brokers. Mr. Stoler continues to represent this client, one of the world’s largest interdealer brokers, in employment matters throughout the US.

CA, Inc. (f/k/a Computer Associates): Mr. Stoler successfully represented CA, Inc. in obtaining summary judgment against a former sales executive asserting claims of marital status and national origin discrimination, claims for unpaid commissions and severance, and claims for unjust enrichment and promissory estoppel.

Brooklyn Nets: This client regularly looks to Mr. Stoler to provide counsel and advice on a variety of labor and employment matters.

Holsa/EXSA Americas: Mr. Stoler successfully defended this client and its president against claims of pregnancy discrimination and race discrimination, obtaining a complete dismissal of all claims on a motion for summary judgment.

Mulberry: Mr. Stoler serves as national employment counsel for this UK-based retailer.

Orient Express Hotels/”21” Club: Mr. Stoler successfully represented this client in a wage and hour collective action alleging overtime and other claims asserted under the Fair Labor Standards Act and New York Labor Law.

Sun Chemical Corporation: Mr. Stoler obtained a complete dismissal of breach of contract and ERISA claims asserted by the International Brotherhood of Teamsters, saving Sun Chemical millions of dollars in potential liability.

Ornamental Installation Specialists: Mr. Stoler successfully represented this client in a preliminary injunction trial involving efforts by a competitor to its enforce non-compete agreements.

Honors

Leading U.S. Corporate Employment Lawyers, Lawdragon, 2015-2023

Labor and Employment Star - Northeast, Benchmark Litigation, 2020-2023

Mr. Stoler led the Sheppard Mullin team who were recognized in the Financial Times 2019 North America Innovative Lawyer Report for a joint project with Syndio to address and remediate workplace pay disparities.

Annual Gala Honoree for Exceptional Pro Bono Service, Brooklyn Bar Association’s Volunteer Lawyers Project, 2018

Nation's Most Powerful Employment Attorneys, Human Resource Executive, 2015-2019

Mr. Stoler has consistently been recognized by The Legal 500 as among the best labor lawyers in the U.S.

New York Super Lawyer, Super Lawyers, 2013-2022

Articles

Global Trade Law Blog Posts

• "Dodd-Frank Whistleblower Protection: For America Only," November 13, 2013

Labor & Employment Law Blog Posts

• "EEOC Announces Decision to Collect 2017 Employee Pay Data, in Addition to 2018 Pay Data, by September 30, 2019," May 6, 2019 
• "Employers Must Provide Pay Data to EEOC by September 30," April 26, 2019 
• "Massachusetts – The Latest Jurisdiction to Update Its Pay Equity Laws," August 18, 2016

• "Second Circuit Rules that a “Bare-Bones” Complaint Rephrasing the Text of the FLSA is Insufficient to State an Overtime Claim," August 7, 2013
• "New York State Wage Theft Prevention Act Notice Requirement," January 23, 2012
• "Connecticut Becomes First State to Mandate Paid Sick Leave," July 20, 2011

Media Mentions

Speaking Engagements

• "Legal Issues to Consider in a COVID-19 World," Virtual Reality Location-based Entertainment Summit, October 15, 2020.
• "Regulatory Update: A Review of New York State’s New EEO/Anti-Sexual Harassment Laws," Goldman Sachs 13th Annual Hedge Fund HCM Seminar, New York, New York, October 3, 2018
• "FLSA/Wage and Hour Issues in US Sports," Sports Lawyers Association 43rd Annual Conference, Denver, Colorado, May 19, 2017
• “How the U.S. Presidential Election and the Current Economy Will Impact Labor and Employment Laws in 2013 and Beyond,” Labor and Employment Year in Review, New York, New York, November 15, 2012
• "Labor & Employment Law Update," New York, New York, May 9, 2012
• "Labor & Employment Law: 2011 Year In Review," New York, New York, November 3, 2011
• "Labor and Employment Issues Relating to the Negotiation of International Recruitment and RPO Contracts, and the Facilitation of Overseas Office Openings," APSCo-Henley Business School Executive Conference, London, England, October 7, 2011
• "Labor & Employment Law Update: Spring 2011 Seminar," New York, New York, May 19, 2011
• "Labor & Employment Law Update: 2010 Year in Review," New York, New York, November 10, 2010
• "Labor & Employment Law Update: Leading Court Decisions and Key Legislative Developments in 2010," New York, New York, May 13, 2010
• "Labor & Employment Law Update: 2009 Year in Review," New York, New York, November 5, 2009
• "Labor & Employment Law Update: The First 100 Days of the Obama Administration," New York, New York, May 21, 2009
• "The Perfect Storm: How the U.S. Presidential Election and Recent Economic Events Will Impact Labor and Employment Laws in 2009 and Beyond," New York, New York, November 6, 2008
• "Critical Employment Law Issues to Consider In a Turbulent Economy," New York, New York, June 12, 2008
• "Preventing Employment Discrimination in New York," Lorman Education Services, New York, New York, March 26, 2008
• "Implementing Workforce Reductions: Strategies & Considerations," Continuing Legal Education Program, New York, New York, November 6, 2007
• “New York Employment Law from A-Z,” Lorman Education Services, New York, New York, December 1, 2005.
• “An Overview of U.S. Labor Laws,” National Car & Truck Rental Conference, Las Vegas, Nevada, September 12 – 14, 2005
• “Employee Leaves of Absences: The ADA, FMLA, STD and WC Dilemma,” Continuing Legal Education Program, New York, New York, September 29, 2004
• “Duty of Loyalty and Non-Competition Agreements: A Discussion on Duty of Loyalty and Non-Competition Issues, with emphasis on Successor Enforcement, Temporal and Geographical Limitations and Assignability,” American Bar Association’s 2003 Annual Meeting, San Francisco, California, August 9, 2003

Events

Memberships

Board of Directors, New York Lawyers for the Public Interest

Digital Media