Kevin P. Hishta

Shareholder Atlanta

Kevin has been practicing labor and employment law since 1982. He represents employers throughout the country in a wide variety of labor and employment law matters.  Such representation involves employment-related litigation in federal and state courts, including class actions and franchise and independent contractor misclassification litigation.  In addition, he handles affirmative action planning and compliance, including extensive involvement with “glass ceiling” issues and Office of Federal Contract Compliance Programs (OFCCP) compliance reviews, restrictive covenant matters, labor arbitrations and negotiations, union campaigns, and mediations. He has also published numerous articles on labor and employment issues and is a frequent speaker on such topics.

In addition to his experience handling employment-related litigation and traditional labor matters, Kevin has worked extensively with clients on preventive planning to avoid disputes and litigation by:

  • Working with clients on strategies to address potential misclassification and joint employer issues
  • Working with clients on corporate campaign strategies
  • Conducting labor and employment audits with companies to identify and correct problem areas and develop preventive strategies
  • Developing and implementing successful downsizing, outsourcing, and other reorganizational strategies
  • Providing counsel regarding restrictive covenant matters
  • Analyzing compensation and promotional systems and developing compliance strategies
  • Developing comprehensive and effective employment policies and related supervisory training
  • Providing day-to-day preventive advice on terminations, sexual harassment investigations, etc.

Kevin believes strongly that such proactive strategies are critically important to minimize exposure to costly government investigations and litigation.


Experience

  • Lead counsel in multiple class and collective actions alleging independent contractor misclassification
  • Successfully represented major retailer in defeating motion for system wide class certification in race discrimination action
  • Successfully represented multi-state manufacturer in defeating motion for system wide class certification in gender discrimination action and ultimately prevailing via summary judgment on all claims
  • Successfully represented leading consumer goods company in case involving independent contractors and claims under various franchise and related laws
  • Successfully represented manufacturer in defeating various unfair labor practice charges in reorganization context
  • Successfully obtained summary judgment on behalf of manufacturer in complex Americans with Disabilities Act case

Professional Activities and Speeches

Professional Activities:

  • American Bar Association (Labor and Employment Law Section)
  • State Bar of Georgia (Labor and Employment Law Section)
  • Atlanta Bar Association (Labor and Employment Law Section)
  • Society for Human Resources Management (SHRM)

Speeches:

  • ExecSense Webinar - ''What Labor and Employment Lawyers Need to Know Before Structuring and Negotiating Independent Contractor Agreements in 2011'' - January 07, 2011
  • Ogletree Deakins Seminar - ''Employment Screening and Testing–Right or Wrong'' - Atlanta - November 09, 2010
  • Ogletree Deakins Briefing - ''Eye on Employment Law'' - Atlanta - September 22, 2010
  • SHRM Atlanta Chapter - ''Independent Contractors Under a Microscope and Worker Classification – the Latest Developments'' - August 17, 2010
  • Ogletree Deakins webinar - ''Independent Contractors Under a Microscope: Worker Classification – the Latest Developments'' - June 15, 2010
  • Ogletree Deakins Workplace Strategies Seminar - ''Who is your Employee? Avoiding the Million Dollar Classification Mistake'' - Las Vegas - May 07, 2010
  • Ogletree Deakins Briefing - ''Independent Contractor Developments'' - Atlanta - December 10, 2009
  • Ogletree Deakins webinar - ''Independent Contractors Under Siege, Worker Classification – Planning for 2010 and Beyond'' - November 18, 2009
  • Ogletree Deakins Briefing - ''Eye on Employment Law'' - Atlanta - October 28, 2009
  • Ogletree Deakins Workplace Strategies Seminar - ''Evaluating Employee Performance Without Creating Legal Liability'' - Miami - May 08, 2009
  • Ogletree Deakins Briefing - ''EFCA and Other Potential Legislative Developments'' - Atlanta - December 18, 2008
  • Ogletree Deakins Seminar - ''Contingent Workers – Key Do’s and Don’ts on Dealing With Independent Contractors, Leased Employees, and Temps'' - Atlanta - October 23, 2008
  • Ogletree Deakins Seminar - ''ADA Update, The Employee Free Choice Act and Other Recent Developments'' - Atlanta - October 23, 2008
  • Ogletree Deakins Briefing - ''Wage and Hour Pitfalls: Avoiding Common Employer Mistakes'' - Atlanta - April 29, 2008
  • Ogletree Deakins Seminar - ''Now More Than Ever – Creating an Effective Compliance and Ethics Program'' - Atlanta - May 06, 2006
  • Findlaw / Glasser Legal Works Seminar - ''Best Practices Including Audit Do’s and Don’ts'' - Atlanta - September 21, 2004

Published Works

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Our Insights

Media

Media Quotes

July 23, 2013 - Law360 - "5 Tips To Prepare For A Misclassification Crackdown"
July 13, 2011 - Counsel to Counsel - "Internal Actions: The Essentials of Audits and Investigations"

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