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.

Learn more about Kevin P. Hishta
  • 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

Education

  • J.D., Vanderbilt University School of Law, 1982
  • B.A., magna cum laude, with honors, Duke University, 1979

Admittance to Practice

  • Georgia
  • U.S. Supreme Court
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Middle and Northern Districts of Georgia

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

  • Ogletree Deakins Workplace Strategies Seminar - "The Misclassification Wars Continue: How to Ensure Your Company Is Ready for Battle" - Phoenix - May 10, 2018
  • ExecSense Webinar - "What Labor and Employment Lawyers Need to Know Before Structuring and Negotiating Independent Contractor Agreements in 2011" - January 7, 2011
  • Ogletree Deakins Seminar - "Employment Screening and Testing–Right or Wrong" - Atlanta - November 9, 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 7, 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 8, 2009
  • Ogletree Deakins Briefing - "EFCA and Other Potential Legislative Developments" - Atlanta - December 18, 2008
  • Ogletree Deakins Seminar - "ADA Update, The Employee Free Choice Act and Other Recent Developments" - Atlanta - October 23, 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 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 6, 2006
  • Findlaw / Glasser Legal Works Seminar - "Best Practices Including Audit Do’s and Don’ts" - Atlanta - September 21, 2004
  • December 22, 2010 - Practical Law Company - "Anti-Discrimination Laws: Georgia"
  • December 22, 2010 - Practical Law Company - "Drug Testing Laws: Georgia"
  • December 22, 2010 - Practical Law Company - "Leave Laws: Georgia"
  • July 13, 2010 - Practical Law Company - "Conducting Layoffs and Other Reductions in Force"
  • February 9, 2010 - Practical Law Company - "Using Independent Contractors and Outside Firms: Avoiding Misclassification"
  • 2004 - Glasser Legal Works - "Best Practices Involving Audit Do’s and Don’ts"
  • July 16, 2015 - Law360 - "Attorneys React To DOL Misclassification Guidance"
  • July 15, 2015 - Employment Law Daily - "Employment Law Daily - DOL NEWS—‘Suffer or permit’ plus ‘economic realities’ means very broad definition of employee"
  • September 2013 - Practical Law: The Journal - "GC Agenda"
  • 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"
  • May 26, 2011 - Atlanta Business Chronicle - "Technology Playing Bigger Role in Hiring Process"
  • March 17, 2011 - Atlanta Business Chronicle - "Local Firms Get Top Marks in Service"
  • May 14, 2010 - Law360 - "How To Prepare For Independent Contractor Probes"
  • February 12, 2010 - ABC News - "IRS, States Crack Down on Independent Worker Abuse"
  • February 12, 2010 - Associated Press - "IRS, States Crack Down on Independent Worker Abuse"
  • February 12, 2010 - USA Today - "IRS, States Crack Down on Independent Worker Abuse"
  • Best Lawyers Award Badge
  • Editor, Vanderbilt Journal of Transnational Law
  • Best Lawyers In America (2013-present)
  • Chambers USA’s Leading Business Lawyers (“bright litigator and fine client advocate” with “experience in a wide range of labor and employment matters”)
  • Atlanta Magazine’s Super Lawyers
  • BTI Client Services All-Star (1 of only 318 attorneys recognized nationwide, only 26 of whom are employment attorneys)
  • AV rated by Martindale-Hubbell

Insights by Kevin P. Hishta