• PRACTICE FOCUS+
  • EDUCATION+
    • Stetson University College of Law
      J.D., cum laude, 2006; Senior Associate Member, Stetson Law Review
    • Wake Forest University
      B.A. in Political Science and Spanish, 2003
  • ADMISSIONS+
    • 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
  • CLERKSHIP+

Erin L. Malone

Erin Malone practices in the area of labor and employment. She represents employers in civil court litigation, arbitrations and administrative proceedings regarding claims involving employment discrimination and retaliation laws, wage and hour laws, family and medical leave laws, whistleblower laws, union-management relations, employee benefits and various employment-related torts. Ms. Malone also counsels and assists employers regarding compliance with various labor and employment laws, including the preparation and/or review of employment contracts, drug-testing policies, severance agreements, and employee handbooks and policies.

Experience

  • 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 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 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

Publications
  • Co-Author of Florida Chapter, Wage and Hour Law: A State-by-State Survey, ABA Section of Labor and Employment Law and BNA Books (3d ed. 2016)
  • Associate Chapter Editor, 2016 Cumulative Supplement: The Fair Labor Standards Act
  • Chapter Author, 2015 Cumulative Supplement: Wage and Hour Laws, A State-by-State Survey (Florida Chapter)
  • Associate Chapter Editor, 2015 Cumulative Supplement: The Fair Labor Standards Act
  • Chapter Author, 2014 Cumulative Supplement: Wage and Hour Laws, A State-by-State Survey (Florida Chapter)
  • Associate Chapter Editor, 2014 Cumulative Supplement: The Fair Labor Standards Act
  • Author, "Fifth Circuit Blocks Franchisee Employee's Effort to Treat Franchisor as his "Employer" Under the FLSA," Lexology/Phelps Dunbar eLABORate (July 2014)
  • Author, "Fifth Circuit Blocks Franchisee Employee's Effort to Treat Franchisor As His "Employer" Under The FLSA," Wage & Hour Defense Institute Blog (July 11, 2014)
  • Associate Chapter Editor, 2013 Cumulative Supplement: The Fair Labor Standards Act
  • Contributing Author, 2012 Cumulative Supplement: The Fair Labor Standards Act
  • Chapter Editor, "Persons Protected Under The ADEA," Age Discrimination in Employment Law, 2011 Cumulative Supplement
  • Chapter Editor, "Against Whom A Charge May Be Filed Under The ADEA," Age Discrimination in Employment Law, 2011 Cumulative Supplement
  • Contributing Author, 2011 Cumulative Supplement: The Fair Labor Standards Act
  • Co-Author, "Recent Developments: Courts Continue To Construe Broadly EEOC's Subpoena Power," BNA Employment Discrimination Report, Vol. 36, No. 16 (April 2011)
  • Chapter Editor, "Discharge," Age Discrimination in Employment Law, 2010 Cumulative Supplement
  • Chapter Editor, "Reduction in Force," Age Discrimination in Employment Law, 2009 Cumulative Supplement
  • Chapter Editor, "Timeliness and Sufficiency of ADEA Administrative Charge," Age Discrimination in Employment Law, 2009 Cumulative Supplement
Speaking Engagements
News

Memberships & Affiliations

  • The Florida Bar
  • Hillsborough County Bar Association
  • Hillsborough Association for Women Lawyers, Scholarship Committee (2013)
  • Federal Bar Association, Thurgood Marshall National Moot Court Competition (2012-2013)
  • Society for Human Resource Management (SHRM), Tampa Chapter
  • The ALS Association Florida Chapter (Board of Directors, 2012-2014; Board Nominating and Development Committee, 2013-2014)

Recognition

  • Florida Super Lawyers - Rising Stars