Robert R. Niccolini

Shareholder Washington D.C.

Rob Niccolini is co-chair of the firm's Healthcare Practice Group. He represents management in employment litigation and labor disputes, with special experience in the health care, technology, insurance, manufacturing, government contracting, hospitality and retail industries. His practice includes all facets of employment discrimination, harassment, wage and hour, ADA, FMLA, ERISA, covenants not to compete and employment torts, as well as labor arbitration, union campaigns and unfair labor practice proceedings.  He also has extensive experience with class and collective actions.

Rob regularly provides employers with counseling and training on employment law issues, as well as drafting employment policies, handbooks and contracts.  In addition to his labor and employment experience, he has also assisted clients extensively in commercial litigation disputes.


Experience

Rob has represented employers in state and federal court throughout the country, including Maryland, the District of Columbia, Virginia, Delaware, Pennsylvania, New York, New Jersey, North Carolina, Georgia and Louisiana, as well as before the Equal Employment Opportunity Commission, the National Labor Relations Board, and the U.S. Department of Labor.  He has tried over twenty cases to verdict before juries in state and federal court, and over one hundred bench trials, arbitrations and administrative hearings.  Recent accomplishments include:

  • A defense verdict in a bench trial before the Chief Judge for the U.S. District Court for the District of Maryland on behalf of a community hospital. The case was brought under the Family and Medical Leave Act (FMLA), and dealt with the right of an employer to alter work and shift schedules during FMLA leave.
  • A defense verdict on behalf of a biotechnology company in a jury trial in federal court in Baltimore.  The case was brought by the Equal Employment Opportunity Commission, and involved the provision of sign language interpreters to a deaf employee under the Americans with Disabilities Act.
  • A decision by the Fourth Circuit affirming summary judgment on behalf of a Hospital in a national origin discrimination case.  The decision was authored by former Supreme Court Justice Sandra Day O’Connor.
  • A defense verdict on behalf of a Hospital in a jury trial in Maryland state court involving claims of religious discrimination by a nursing assistant who refused to comply with the Hospital’s mandatory influenza inoculation program.
  • Serving as lead counsel on behalf of the City of Richmond in a federal collective and class action brought by over 800 police officers.

Professional Activities and Speeches

Professional Activities:

  • American Health Lawyers Association (AHLA) (Current President Elect; Board of Directors, 2011-present; Member, Executive Committee, 2015-present; Chair, Programs Committee, 2018-present; Chair, Finance Committee, 2017-2018; Chair, Membership Committee, 2016-2017; Chair, Public Interest Committee, 2015-2016; Co-Chair, Diversity+Inclusion Council, 2014-2016; Labor & Employment Practice Group, Chair, 2007-2010; Vice Chair and Co-editor, AHLA L&E Newsletter, 2004-2007)
  • Bloomberg BNA Labor & Employment Technology and Innovation Board Member (2015-2018)
  • American Bar Association (Labor & Employment Section)
  • Maryland Bar Association (Labor & Employment Section)
  • Family & Children's Services of Central Maryland (Board of Directors, 1998-2008; Chair, Personnel Committee, 2005-2008)
  • Family Life Center of Howard County (Advisory Board, 2002-2005)
  • Glen Mar United Methodist Church (Board of Trustees, 2001-2003; Building Committee, 2003-2009; Walk to Bethlehem Committee, 2013-present)

Speeches:

  • Corporate Labor and Employment Counsel Exclusive - ''Case Valuation Workshop'' - La Quinta - November 10, 2018
  • Ogletree Deakins Workplace Strategies Seminar - ''Fatal Attraction: Dealing With the Obsessive and Serial Pro Se Plaintiff'' - Phoenix - May 10, 2018
  • D.C. Bar - ''How to Try an Employment Case to a Jury: Winning the Hearts of Jurors'' - Washington, D.C. - May 2018
  • Ogletree Deakins Workplace Strategies Seminar - ''Avoiding Documentation Drama: Strategies for Managing and Improving Performance Documentation'' - San Diego - May 05, 2017
  • Ogletree Deakins Workplace Strategies Seminar - ''Pardon the Interruption! Workplace Strategies Style'' - San Diego - May 05, 2017
  • D.C. Bar Continuing Legal Education Program - ''Whistle While You Work: Perspectives on the False Claims ACT'' - Washington D.C. - October 2016
  • AHLA In-House Counsel Program - ''Emerging Labor and Employment Law Issues for In-House Healthcare Counsel'' - Denver - June 2016
  • Ogletree Deakins Workplace Strategies Seminar - ''What to Expect When You’re Expecting (to be Deposed)'' - Chicago - May 2016
  • Fraud and Compliance Forum - ''Crossroads: How to Avoid Singing the Blues at the Intersection of Labor & Employment Law and the False Claims Act'' - Baltimore - September 2015
  • AHLA Physicians and Hospitals Law Institute - ''Recent Developments in Labor & Employment Law for Healthcare Providers'' - Las Vegas - 2015
  • AHLA Annual Meeting - ''Disability and Accommodation in the Healthcare Workplace'' - New York - 2014
  • AHLA Healthcare Transactions Conference - ''Labor, Employment and Benefits Issues in Healthcare Mergers and Acquisitions'' - Nashville - 2014
  • Ogletree Deakins Workplace Strategies Seminar - ''Emerging Professional Responsibility Issues in Employment Litigation'' - New Orleans - 2013
  • AHLA Webinar - ''Exercising Due Care: Specialized Areas in Drafting Agreements to Arbitrate Healthcare Disputes (Employment)'' - 2013
  • AHLA In-House Counsel Program - ''Employee Data Theft in the Digital Age'' - Boston - 2011
  • AHLA Healthcare Seminar - ''What Employers Need to Know about the Patient Protection Affordable Care Act'' - Chicago - 2010
  • Fairfax Chamber of Commerce - ''What Small Employers Need to Know about Healthcare Reform'' - Commerce - 2010
  • AHLA Annual Meeting - ''Employee Data Theft: A Discussion of Privacy, Liability and Litigation Issues'' - Seattle - 2010
  • Ogletree Deakins Workplace Strategies Seminar - ''Disability Discrimination: The New Risks for Employers'' - Las Vegas - 2010
  • Metropolitan Washington Employment Lawyers Assoc. Conference - ''Counterclaims in the Digital Age'' - Washington, D.C. - 2010
  • AHLA Long Term Care and the Law Conference - ''Recent Developments in Labor and Employment Law'' - Miami - 2010
  • AHLA Annual Meeting - ''Labor and Employment Law Developments in Uncertain Times'' - Washington, D.C. - 2009
  • Ethisphere Webinar - ''The ADA Amendments Act'' - 2008
  • AHLA Long Term Care and the Law Conference - ''Recent Developments in Labor and Employment Law'' - New Orleans - 2008
  • Maryland Bar Association Healthcare Section Meeting - ''Covenants Not to Compete in Healthcare: A Maryland Primer'' - Baltimore - 2007
  • AHLA Long Term Care and the Law Conference - ''Recent Developments in Labor & Employment Law'' - San Diego - 2005
  • Hospital Management Training - ''Managing Employees: Procedures for Legal Compliance'' - Silver Spring - 2003
  • Annual Meeting of the Commercial Food Equipment Services Association - ''Hiring and Firing: Procedures for Avoiding Legal Liability'' - Charleston - 2002
  • KPMG Lecture Series - ''The Electronic Workplace: Employment Law Issues in the Internet Age'' - Baltimore - 2001

Published Works

X

Our Insights

Media

Media Quotes

September 21, 2018 - Baltimore Sun - "Employees with mental illness can ask for help at work"
February 06, 2017 - Bloomberg BNA - "Ogletree Lawyer Works His Magic for Health-Care Clients"
February 03, 2017 - Bloomberg BNA - "Ogletree Lawyer Works His Magic for Health-Care Clients"

Top