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.

Learn more about Robert R. Niccolini

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.

Education

  • J.D., Vanderbilt University Law School, 1993
  • B.A., summa cum laude, Vanderbilt University, 1990

Admittance to Practice

  • District of Columbia
  • Maryland
  • North Carolina (currently inactive)
  • U.S. Supreme Court
  • U.S. Court of Appeals, Third, Fourth, Eleventh and District of Columbia Circuits
  • U.S. District Court, District of Columbia
  • U.S. District Court, District of Maryland
  • U.S. District Court, Eastern, Middle and Western Districts of North Carolina

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

  • Ogletree Deakins Workplace Strategies Seminar - "What's It Worth? Case Valuation Workshop" - Las Vegas - May 3, 2019
  • 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 5, 2017
  • Ogletree Deakins Workplace Strategies Seminar - "Pardon the Interruption! Workplace Strategies Style" - San Diego - May 5, 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
  • AHLA Webinar - "Exercising Due Care: Specialized Areas in Drafting Agreements to Arbitrate Healthcare Disputes (Employment)" - 2013
  • Ogletree Deakins Workplace Strategies Seminar - "Emerging Professional Responsibility Issues in Employment Litigation" - New Orleans - 2013
  • AHLA In-House Counsel Program - "Employee Data Theft in the Digital Age" - Boston - 2011
  • AHLA Annual Meeting - "Employee Data Theft: A Discussion of Privacy, Liability and Litigation Issues" - Seattle - 2010
  • AHLA Healthcare Seminar - "What Employers Need to Know about the Patient Protection Affordable Care Act" - Chicago - 2010
  • AHLA Long Term Care and the Law Conference - "Recent Developments in Labor and Employment Law" - Miami - 2010
  • Fairfax Chamber of Commerce - "What Small Employers Need to Know about Healthcare Reform" - Commerce - 2010
  • Metropolitan Washington Employment Lawyers Assoc. Conference - "Counterclaims in the Digital Age" - Washington, D.C. - 2010
  • Ogletree Deakins Workplace Strategies Seminar - "Disability Discrimination: The New Risks for Employers" - Las Vegas - 2010
  • AHLA Annual Meeting - "Labor and Employment Law Developments in Uncertain Times" - Washington, D.C. - 2009
  • AHLA Long Term Care and the Law Conference - "Recent Developments in Labor and Employment Law" - New Orleans - 2008
  • Ethisphere Webinar - "The ADA Amendments Act" - 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
  • 2016 - AHLA Representing Hospitals and Health Systems Handbook - "Labor and Employment"
  • 2016 - Health Law Handbook - "Top Recent Developments in Labor and Employment for Healthcare"
  • August 12, 2013 - SHRM.org - "Employer's Failure to Award Paid-Leave Perk Is Not Retaliation"
  • August 12, 2013 - SHRM.org - "Employer's Failure to Award Paid-Leave Perk Is Not Retaliation"
  • 2012 - AHLA Connections Magazine - "Religious Objections to Mandatory Influenza Vaccination Programs: Navigating the Rough Legal Waters"
  • 2012 - AHLA Connections Magazine - "Religious Objections to Mandatory Influenza Vaccination Programs: Navigating the Rough Legal Waters"
  • 2009 - Journal of Health and Life Sciences Law - "Disability and Accommodation in the Healthcare Workplace"
  • 2009 - Journal of Health and Life Sciences Law - "Disability and Accommodation in the Healthcare Workplace"
  • 2009 - Maryland Bar Journal - "Covenants not to Compete in Healthcare"
  • 2009 - Maryland Bar Journal - "Covenants not to Compete in Healthcare"
  • 2008 - Maryland Bar Association L&E Newsletter - "Recent ERISA Case Law Developments"
  • 2008 - Maryland Bar Association L&E Newsletter - "Recent ERISA Case Law Developments"
  • 2006 - Health Lawyer News - "Supreme Court Clears the Tracks for Oncoming Retaliation Claims"
  • 2006 - Health Lawyer News - "Supreme Court Clears the Tracks for Oncoming Retaliation Claims"
  • 2004 - Maryland Bar Association L&E Newsletter - "Supreme Court Update"
  • 2004 - Maryland Bar Association L&E Newsletter - "Supreme Court Update"
  • 2001 - Maryland Employment Law Guide of the Council on Education in Management - "Retaliation under Maryland Law"
  • 2001 - Maryland Employment Law Guide of the Council on Education in Management - "Retaliation under Maryland Law"
  • September 21, 2018 - Baltimore Sun - "Employees with mental illness can ask for help at work"
  • February 6, 2017 - Bloomberg BNA - "Ogletree Lawyer Works His Magic for Health-Care Clients"
  • February 3, 2017 - Bloomberg BNA - "Ogletree Lawyer Works His Magic for Health-Care Clients"
  • December 13, 2016 - Food Service Director - "Is it legal to require vaccines?"
  • July 30, 2015 - Law360 - "How To Survive Litigation On The Fast Track"
  • April 9, 2015 - BNA Health Law Reporter - "Supreme Court’s Pregnancy Act Ruling May Impact Health-Care Employer Policies"
  • January 22, 2015 - Businessweek - "Can Your Boss Make You Get Vaccinated?"
  • July 18, 2014 - BNA Health Law Reporter - "EEOC, Courts Disagree on Accommodations Required for Pregnant Employees Under PDA"
  • July 10, 2014 - BNA Health and Law Report - "Attorneys Talk Fraud, Affiliations And Employment at 2014 Annual Meeting"
  • February 19, 2012 - The Washington Post - "Graying Workforce Creates More Complex World for Employers"
  • August 5, 2010 - Washington Business Journal - "Prognosis: Merger or Die - After Health Care Reform, Physicians and Small Hospitals Race to Merge Into Larger, More Efficient Organizations"
  • June 11, 2010 - SHRM.org - "ILO Focuses on HIV and AIDS in the Workplace"
  • June 1, 2010 - SHRM Legal Issues - "International Labour Organization Focuses on HIV and AIDS in the Workplace"
  • January 18, 2010 - The National Law Journal - "Mentally Ill Plaintiffs Hope to be Heard Now: New EEOC Rules Promise to Tilt the Legal Balance for Those Who Allege Discrimination in the Workplace"
  • November 30, 2009 - The National Law Journal - "Circuit Split Over Cat's Paw Theory Seeks Supreme Court Attention"

Best Lawyers Award Badge

  • Acritas Star (2018-present)
  • Washingtonian Top Employment Defense Lawyers in Washington, D.C. (2017, 2018)
  • Best Lawyers in America (2016-present)
  • Washington, D.C. Super Lawyer (2013 – present)
  • Maryland Super Lawyer (2009)
  • “Spotlight on Leaders” honoree, American Health Lawyers Association
  • Phi Beta Kappa
  • Vanderbilt Law Review, Associate Editor (1992-1993)
  • Morgan Prize for Best Law Review Note (1993)

Insights by Robert R. Niccolini