Garrett David KennedyPartner
Garrett Kennedy represents employers and senior executives in all aspects of employment-related litigation, including before federal and state courts, administrative agencies and arbitration panels, as well as in mediations.
His litigation experience includes defense of claims of sex, race and national origin discrimination, sexual harassment and retaliation, as well as claims brought pursuant to the Fair Labor Standards Act and state and local wage and hour laws, disputes involving the enforcement of employment contracts and post-employment restrictive covenants and tort claims arising out of the employment relationship, such as fraud, breach of fiduciary duty, tortious interference and defamation, among other related areas. Garrett also has significant experience defending employers in class and collective actions.
Garrett additionally advises clients on a broad variety of subject matters including: terminations and other disciplinary actions, employment, consulting and separation agreements, investigations of alleged harassment and other employee misconduct, employment policies and practices and litigation avoidance.
- Defended a major New York newspaper and its Fortune 500 parent in a high-profile employment discrimination action brought by two reporters claiming race discrimination and retaliation, and involving novel issues of First Amendment law; the court granted summary judgment on all claims
- Represented one of the largest national grocery wholesalers in prosecuting claims for breach of restrictive covenants and breach of fiduciary duty against former senior executive and his subsequent employer, a competing grocery distributor
- Representation of a Fortune 500 company and its subsidiary in numerous separate high-profile race, national origin and/or pregnancy discrimination lawsuits, including a putative class action seeking to represent company-wide classes of workers
- Representation of major international food franchisor in wage and hour class and collective actions in which employees of franchisees have sought to hold franchisor liable on a "joint employer theory"
- Defended large national yoga studio in a California class action by instructors alleging they were misclassified as independent contractors, thus seeking damages for purported unpaid working time and related wage and hour violations
- Represented major global accessories manufacturer in numerous employment-related matters, including defense of wage and hour class action and race and gender discrimination lawsuit
- Defense of international athletic apparel retailer in a putative class action claiming in which former employee contends that she and similarly situated workers were required to perform certain work off the clock in violation of the FLSA and New York Labor Law
- Representation of major retailer in three separate lawsuits claiming that workers were improperly classified as "exempt" from the requirements of the FLSA and New York Labor Law and thus were owed payment for unpaid overtime premiums and related damages
- Defense of media production company in lawsuit brought by five former employees claiming their employment was terminated as the result of reverse race discrimination
- Negotiation and drafting of employment agreements, partnership agreements and severance/settlement agreements, and disputes relating to same, involving prominent senior executives of leading investment management and other financial services firms, Fortune 500 companies and non-profit organizations
- J.D., University of Pennsylvania
- B.A., Anthropology, University of Pennsylvania
- Chambers USA
- Band 5, New York Labor & Employment (2022)
- The Legal 500 United States
- Recommended, Labor and Employment Disputes (including Collective Actions): Defense (2019, 2021)
- Recognized as a "Rising Star" in New York Metro Super Lawyers (2014-2018)
- Co-author, "Employees may be 'out of sight’ while teleworking, but the ADA should not be 'out of mind,'" New York Law Journal, November 2, 2020
- Co-author, "Taking the high road: New York employers should prepare for legalized marijuana," New York Law Journal (FEB 2019)
- Contributing Editor, ''Tortious Interference in the Employment Context: A State‐by‐State Survey,'' Bloomberg BNA, 4th Ed. (2015 Supplement)
- Contributing Editor, ''Employee Duty of Loyalty: A State-by-State Survey,'' Bloomberg BNA, 5th Ed. (2015 Supplement) & 6th Ed. (2016 Cumulative Ed., 2017 & 2018 Supplements)
- Contributing Editor, "Trade Secrets: A State-by-State Survey," Bloomberg BNA, 5th Ed. (2016, 2017 & 2018 Supplements)
- Chapter Author, "International Labor & Employment Laws," Bloomberg BNA, 4th Ed. (2017 Cumulative Supplement)
- Co-author, "Employment & Labor in New York: Lexology Navigator Q&A," Lexology (2016 & 2017 Eds.)
- "United States Supreme Court Reaffirms Use of Class Action Waivers in Arbitration Agreements: Next Stop - Employment Contracts" (Dec. 18, 2015)
- Co-author, "Deposition Ethics Issues," PLI: Fundamentals of Taking and Defending Depositions (2014 and 2015 Eds.)
- Author, "Illegal Is Not Simply Illegal: The Broad Ramifications of a Pennsylvania Town's Attempt at Immigration Control, and the Inherent Problems of Racial Discrimination," 10 U. Pa. J. of Busi. and Emp. Law 1029 (2008)
- Speaker, "Employment Law for Non-Profit Organizations," New York Lawyers for the Public Interest (Sep. 18, 2019)
- Speaker, "#MeToo in 2019: The Evolving Legal Landscape," CLE presentation (Aug. 15, 2019)
- Speaker, "The New Overtime Regulations: What Your Nonprofit Needs to Know," Pfizer Strategic Thinking Seminar for Nonprofit Leaders (Nov. 9, 2016)
- Honorable Donald S. Goldman, Superior Court of New Jersey
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