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Anthony J. Rao

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Anthony Rao is the Managing Partner of Rao Tiliakos LLP, and practices in New York, California and the District of Columbia. Prior to forming Rao Tiliakos LLP, he was a Partner at Seyfarth Shaw LLP, an Advisory Committee member of Seyfarth Shaw�s Workplace Counseling and Compliance Solutions Practice Group, a founding member of Seyfarth Shaw�s national Diversity Action Team, the Chair of Seyfarth Shaw�s New York Diversity Action Team, and a member of Seyfarth Shaw�s federal Wage and Hour Practice Group.

He has substantial experience conducting nationwide workplace, litigation avoidance, overtime exemption, and wage and hour audits. He has extensive litigation experience defending nationwide federal and state wage and hour collective and class actions, and lead responsibility in multi-party lawsuits, arbitrations, mediations, and administrative hearings and audits (U.S. Department of Labor, New York State Department of Labor, New York State Division of Human Rights, New York City Commission on Human Rights, California Division of Labor Standards Enforcement).

He regularly counsels corporate clients on preventive employment policies and practices involving all areas of federal, state and local employment law including recruiting and hiring, employee handbooks, leaves of absence, training, discipline and termination, workforce reductions, independent contractors, discrimination and harassment, reasonable accommodation, trade secrets, restrictive covenants and unfair competition, wage and hour, Department of Transportation regulations, employment contracts, privacy, investigations, and best practices.

He is lauded by clients in Legal 500 United States and is described as �top-notch� and �extremely attentive and very knowledgeable on employment law.�

He lectures for various employer-oriented groups, such as human resources associations and Chambers of Commerce, on a variety of topics including leaves of absence, wage and hour issues, privacy in the workplace, and employment handbooks.

He also authors multiple employment law publications and conducts nationwide, state and local management and employee training.

Anthony Rao is active in various groups and associations committed to diversity and minority recruitment and retention in the practice of law. He is a member of the Coeur d�Alene Tribe of Idaho. Prior to practicing law, he accumulated vast retail management experience.

Education

J.D., University of California at Davis School of Law (1994)
B.S., University of California at Davis (1988)

Admissions

New York
California
District of Columbia

Courts

U.S. District Court for the Eastern and Southern Districts of New York
U.S. Court of Appeals for the Ninth Circuit
U.S. District Court for the Central, Eastern, Northern, and Southern Districts of California
U.S. District Court for the Eastern District of Michigan

Affiliations

New York Super Lawyers 2010 and 2011
New York State Bar Association
California State Bar Association
American Bar Association Labor and Employment, Technology Committee
National Native American Bar Association
Native American Finance Officers Association
California Minority Counsel Program
Manhattan Chamber of Commerce, Small Business Seminar Committee

Representative Cases

Russo v. Chico�s FAS, Inc., White House/Black Market, and Elizabeth Medeiros, United States District Court, District of New Jersey (2011). Obtained summary judgment in former store manager�s action alleging disability discrimination and retaliation.

O�Neill & Padaong v. Genesis Logistics, Inc., Alameda Superior Court (2010). Obtained summary judgment against a male and a female employee alleging nine claims including sexual and national origin harassment and retaliation.

Global Events LLC v. Waterworks Investments, Inc., et. al., San Francisco Superior Court (2010). Obtained summary judgment in a commercial breach of contract and fraud action involving hospitality services under California law, and pierced the corporate veil of an alter ego of the corporate defendant.

Salvador Torres v. DHL Express (USA) Inc., et al., New York Supreme Court (2010). Obtained summary judgment in former employee�s false imprisonment, false arrest, assault and defamation action relating to the investigation and grievance of an on-the-job incident.

Canales v. Panini & Co., U.S. Southern District of New York (2010). New York Rule 23 class action alleging overtime, off-the-clock, minimum wage, and spread of hours violations.

Wang v. Sing Tao Newspapers, U.S. Southern District of New York (2010). New York Rule 23 class action alleging overtime, misclassification of exempt employees, and minimum wage violations.

Napoto v. Exel Logistics, Inc. and Danzas Corporation, U.S. Northern District of California (2009). California Rule 23 class action alleging vacation and holiday pay violations.

O�Neill v. Genesis Logistics, Inc., U.S. Northern District of California (2009). California Rule 23 class action alleging meal and rest period violations for drivers.

Westbrook v. Exel, Inc., U.S. Central District of California (2009). Obtained summary judgment in action alleging national origin and gender discrimination, harassment and breach of employment contract.

Taylor v. DHL Express (USA) Inc., Los Angeles Superior Court (2009). Obtained dismissal in action alleging negligence, joint employment and ostensible agent liability.

Raucher v. DHL Global Mail, Inc., U.S. Eastern District Court of New York, Case No. 1:07-cv-5219 (2009). Obtained dismissal on the pleadings in action alleging age discrimination and failure to pay wages.

Jackson v, DHL Express (USA) Inc., U.S. Central District of California (2009). Obtained dismissal in action alleging gender and pregnancy discrimination.

Meixel-West v. Exel, Inc., U.S. Central District of California (2008). Obtained dismissal in action alleging sex and pregnancy discrimination, harassment, and wrongful termination.

Moore v. DHL, New York Supreme Court (2007). Obtained dismissal of wrongful termination and discrimination action.

Herring v. Hewitt Associates, Inc., U.S. District Court of New Jersey. Nationwide collective action alleging misclassification of analyst positions. Obtained dismissal of Rule 23 class allegations, and obtained order denying nationwide pre-certification putative �class� discovery.

Fasanelli v. Heartland Brewery, Inc., U.S. Southern District Court of New York. Lead responsibility in Rule 23 and Rule 216(b) class and collective action alleging time card rounding, minimum wage, tip sharing, spread of hours, overtime and off-the-clock violations.

Hennessy v. St. James Associates LP, Smith & Wollensky, et al., U.S. Southern District Court of New York (2006). Lead responsibility in Rule 23 and Rule 216(b) class and collective action alleging minimum wage, tip sharing, overtime and off-the-clock violations.

Li v. Accenture Inc., and Accenture Technology Solutions, Inc., San Francisco Superior Court (2006). Obtained dismissal of Rule 23 class action alleging misclassification of programmers, senior programmers, analyst programmers, systems analysts, and senior system analysts because plaintiff was not representative of the putative class due to his limited work experience.

Montecino v. DHL, Los Angeles County Superior Court (2006). Obtained dismissal of Rule 23 class action alleging wage and hour violations because a joint or statutory employer relationship with a temporary employment agency was not present.

Adams v. Goodman Networks, Inc., et al., U.S. Northern District Court of California (2005). Lead responsibility in nationwide Rule 23 and Rule 216(b) class and collective action alleging overtime, travel time, meal and rest period, and off-the-clock violations concerning temporary engineering, technical and network telecom employees.

Hamilton v. San Francisco Hilton, Inc., San Francisco Superior Court (2005). Obtained summary judgment in representative action brought by front desk clerks seeking Private Attorneys General Act penalties and injunctive relief for alleged violations of the Labor Code and an IWC Order regulating seats in the workplace.

Cormier v. General Fiber Communications, Inc., Comcast, Inc., et al., Alameda Superior Court (2005). Obtained dismissal of Rule 23 class action alleging overtime, meal and rest period, and expense reimbursement violations.

Winters v. DHL, Santa Clara Superior Court (2005). Obtained summary judgment in a defamation action following an internal harassment investigation.

Sealock v. Costco, Alameda Superior Court (2005). Obtained summary judgment in a disability discrimination action involving a current manager who had accepted vocational rehabilitation in the workers� compensation arena.

Cogent Communications, Inc. v. Lau, San Mateo County Superior Court (2003). Obtained partial verdict with co-counsel in three week jury trial involving trade secret violations, breach of contract, interference with contract, and unfair competition.

Smith v. Langton, Guardian Life Insurance Company of America, et al., San Francisco Superior Court (2002). Obtained defense verdicts on 13 of 14 claims and a nuisance value award on the 14th claim with co-counsel in five week jury trial involving trade secret violations, unfair competition, and breach of contract.

Johnson v. Pasco (Waste Management), U.S. Northern District Court of California (2002). Obtained summary judgment in a race discrimination case after establishing plaintiff had failed a mandated DOT drug test.

Datrice v. Kaiser, San Francisco Superior Court (2001). Obtained summary judgment in action involving race, disability, leave and medical condition discrimination, wrongful termination, and intentional infliction of emotional distress.

Morgan v. Kaiser, U.S. Northern District Court of California (2001). Obtained summary judgment in action involving race and disability discrimination.

Wang v. Veeco Instruments, Inc., San Francisco Arbitration (1999). Obtained defense verdict in arbitration involving fraud, misrepresentation, breach of contract, and interference with contract.

White v. Moscom, Inc., San Francisco Arbitration (1998). Obtained defense verdict in arbitration involving breach of executive employment contract and bonus plan, fraud, and misrepresentation.

Recent Speaking Engagements and Publications

2010 New York Super Lawyers

2010 Super Lawyers Corporate Counsel Edition � Employment & Labor

California Employment Practices Audit (2010)

New York Employment Practices Audit (2010)

New York's Wage Theft Prevention Act is Real, WallStJobs.com (December 2010)

Compliant Workplace Reductions While Keeping Morale High, Native American Finance Officers� Association (�NAFOA�) (September 2009).

Avoiding Common Mistakes of New York Employment Law, Brooklyn Chamber of Commerce (July 2009).

Religion/Faith and Spirituality in the Workplace, WCCS training (January 2008).

Employment Law: For The Restaurant Owner & Manager, Wage & Hour Rules, New York State Restaurant Association, New York, New York (October 2006).

Federal and State Employment Law, Wealth Preservation Group, New York, New York (January 2006).

California Labor & Employment Law Update, Seyfarth Shaw (Monthly 2004-2005).

California Labor Code Audit Symposium, Breakfast Briefing (October 2005).

California Labor Code Audit, (August 2005).

Five Legislative Reasons To Update Your Employee Handbook, Northern California Human Resources Association (throughout 2005).

Building Awareness to Make Sound Human Resources Decisions, Various client sites (2004).

California Private Attorneys General Act, Putting Your Company Under the Microscope, Breakfast Briefing (August 2004).

Mama Mia, What Happened To The FEHA?, California State Compensation Insurance Fund (May 2002).

California Labor And Employment Law Update, San Francisco Employers Advisory Council (May 2002).

Leave Issues Under the ADA, FMLA, CFRA, the FEHA and California Workers Compensation Law, California Rehabilitation Specialists Conference (May 2002).

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