Manesh Rath is a trial and appellate attorney with experience in general commercial litigation, labor law, employment law, and occupational safety and health (OSHA) law.
Mr. Rath counsels and represents businesses and associations facing business litigation disputes. In numerous cases nationwide, Mr. Rath has conducted litigation, motions and trials before state and federal courts and administrative agencies. He has handled cases in more than forty different jurisdictions throughout the nation, including serving as lead counsel defending businesses in collective and class action matters. Mr. Rath was also the lead attorney as amicus counsel before the U.S. Supreme Court in Staub v. Proctor Hospital and in BCI Coca Cola Bottling of Los Angeles v. U.S. EEOC.
Mr. Rath is a co-author of three books in the fields of wage-hour law, labor and employment law, and OSHA law. He is frequently invited to speak for colleges, seminars, businesses and industry groups nationwide. On developing legal issues, he has been quoted in The Wall Street Journal, Bloomberg, Smart Money magazine, Entrepreneur magazine, and several other publications. He has been interviewed on television and radio news, including "PBS's Nightly Business Report," WAVY-TV and C-SPAN.
Mr. Rath currently serves on the Board of Advisors for the National Federation of Independent Business (NFIB) Small Business Legal Center. He served on the Society For Human Resources (SHRM) Special Expertise Panel, and on the Northern Virginia SHRM Board of Directors for several years.
Memberships
Advisory Board for the National Foundation for Independent Business (NFIB) Legal Foundation; Special Expertise Panel for Security, Safety and Health for the national Society For Human Resource Management (SHRM); Virginia Bar Association Young Lawyers Division Mentor Program for Hampton Roads (Co-Chair from 1996-1997); Board of Directors and General Counsel for the Northern Virginia Society for Human Resource Management (2002-2007)
News, Events & Articles
News
Sep 21, 2011, Partner Manesh Rath to Give "Complying with Wage and Hour Laws" Webcast
Aug 31, 2011, Partner Manesh Rath to Give "How to Effectively Manage Leave Under ADA and FMLA" Webcast
Jul 20, 2011, Partner Manesh Rath Quoted in Article on Credit Scores and Employment
May 11, 2011, Partner Manesh Rath to Present Webinar for National Federation of Independent Business
Apr 04, 2011, Partner Manesh Rath and Associate Matthew DeTura Discuss Independent Contractor Issues in this Week's Telecom Video Minute
Mar 01, 2011, U.S. Supreme Court Issued Decision Today in Staub v. Proctor Hospital Case
Jan 28, 2011, Partner Manesh Rath Quoted in Article on Credit Checks by Employers
Oct 01, 2010, NFIB - Small Business Legal Center Files Friend-of-the-Court Brief in Landmark Supreme Court Case
Oct 01, 2010, NFIB - Small Business Legal Center Files Friend-of-the-Court Brief in Landmark Supreme Court Case
Oct 28, 2009, Manesh Rath Quoted on Discrimination in Hiring
Oct 07, 2009, Manesh Rath quoted in an Article on How Companies Can Avoid Layoff-Related Lawsuits
Sep 11, 2009, Manesh Rath Quoted in MSN Money Article on Bad Credit and Employment
Jun 16, 2009, Manesh Rath, Contributing Author and Editor in the Ninth Edition of the Employment-Labor Law Audit™ (ELLA®)
Mar 17, 2009, DC Area Businesses Still Sorting Out New Sick and Safe Leave Law Requirements
Mar 12, 2008, Keller and Heckman's Manesh Rath Quoted In Financial Week
Jul 26, 2006, Partner Manesh Rath's Presentation on Absenteeism in the Workplace Reviewed in HR Daily Advisor
Events
Apr 23, 2012, The Employment Law Aftermath - Webinar Encore With Manesh Rath and Robert Sheffield
Oct 14, 2011, Register Today! - The Employment Law Aftermath - Webinar Encore - With Robert Sheffield and Manesh Rath - October 14, 2011
Oct 07, 2011, The Employment Law Aftermath-A Breakfast Update with Manesh Rath
Jul 25, 2011, The Employment Law Aftermath - Webinar Encore - With Robert Sheffield and Manesh Rath
Feb 15, 2011, The Employment Law Aftermath - Webinar Encore - With Manesh Rath
Oct 23, 2009, The Employment Law Aftermath with Manesh Rath
Mar 12, 2007, SHRM Employment Law & Legislative Conference
Articles
Apr 13, 2012, Maryland Passes Bill Ensuring Social Media Password Privacy for Employees
Apr 13, 2012, Employment Alert: Supreme Court Asked to Clarify Definition of "Supervisor" under Title VII
Apr 13, 2012, Employment Alert: NLRB Ruling Paves the Way for More Off-Site Union Elections
Apr 13, 2012, Employment Alert: Third Circuit Expands Family and Medical Leave Act Liability to Supervisors
Apr 13, 2012, Employment Alert: Southern District of New York Decertifies FLSA Collective Action
Feb 29, 2012, Client Alert: NLRB Releases Report on Social Media Cases
Jan 05, 2012, SEC Unveils New Dodd-Frank Mine Safety Disclosure Requirements
Nov 22, 2011, OSHA Issues Interim Rules Implementing the Whistleblower Provisions of the Dodd-Frank Act and Sarbanes-Oxley Act In Favor of Employees
Apr 25, 2011, Should Unions Be Allowed To Discipline Employees For Reporting Safety Violations?
Apr 12, 2011, Employment Alert: The Social Security Administration Resumes Sending No Match Letters to Employers
Apr 05, 2011, Employment Alert: Sixth Circuit Upholds Employer's Right to Deny an Employee a Promotion, Even After Employee's Safety Complaints
Mar 04, 2011, Employment Alert: Supreme Court Rules Corporations Do Not Have "Personal Privacy" Under FOIA
Mar 04, 2011, Employment Alert: Supreme Court Issues Decision in Staub v. Proctor Hospital Case
Feb 01, 2011, I-9 Compliance Alert: ALJ rejects ICE Fine Methodology and Reduces Proposed Civil Money Penalties 75%
Jan 24, 2011, Whistleblower Alert: Politics and Procedures: OSHA Keeps Control and DOL Conforms Energy and Environmental Whistleblower Regulations
Jan 05, 2011, Client Alert: Employer Compliance Guidance for Whistleblower Provisions Under New Food Safety Modernization Act
Nov 04, 2010, Employment Alert: EEOC Claims U.S. Steel's Alcohol Testing Policy Violates ADA
Jun 25, 2010, Protecting Children: U.S Regulations May Have Broader Impact On All Businesses
Apr 01, 2010, Critical Regulatory Issues to Consider in a Non-Regulatory Setting
Oct 08, 2009, EEOC ADAAA NPRM Guarantees Spike In Disability Discrimination Claims and Creates a Backdoor Ergonomics Rule
Sep 28, 2009, Transportation Alert: 'Entrepreneurialism' Makes Workers Independent Contractors
Jul 02, 2009, Employment Alert: ICE Announces Nationwide I-9 Audits Against Targeted Employers
Jun 02, 2009, Client Alert: Employee Retaliation Claims for Failure to Use HR Portal Due to Privacy, Security Fears To Be Heard by Jury
Mar 31, 2009, Employment Alert: Former Employee Who Discovered That Her Employer Accessed Her Personal Email Account Could Not Recover Statutory Damages Under The Stored Communications Act
Oct 24, 2008, DHS Reissues August 2007 No Match Rule With No Substantive Change
Aug 08, 2008, Congress Enacts Broad New Whistleblower Protections For Employees Engaged in the Manufacture, Labeling, Distribution, and Sale of Consumer Products
Jun 11, 2008, President Bush Signs Executive Order Mandating That Federal Contractors Use E*Verify
May 01, 2008, Client Alert: Update on the Electronic Verification Debate
Mar 03, 2008, Maurice Baskin and Manesh Rath Join NFIB's Legal Foundation Advisory Board
Feb 15, 2008, DOL Announces Its Intent to Publish a Notice of Proposed Rulemaking Significantly Altering the Processing and Policing of Temporary Agricultural Labor Certifications
Feb 12, 2008, DOL Proposes Changes To Family Medical Leave Act Regulations
Jan 28, 2008, National Defense Authorization Act Expands FMLA Leave to Cover Military Families
Jan 22, 2008, Employment Law Alert - I-9 Audits Return - Targeting Employers Suspected of Constructive Knowledge in Employing Illegal Workers
Dec 07, 2007, Employment Law Alert - Federal Court Dismisses Challenge to Legal Arizona Workers Act of 2007
Nov 01, 2007, Employment Law Alert - Department of Homeland Security Issues Revised Employment Eligibility Verification From I-9
Oct 11, 2007, Employment Law Alert - Court Preliminarily Enjoins Implementation of DHS No-Match Rule
Dec 11, 2006, The Employment Law Aftermath: Ninth Circuit Holds that Hearing is Not "Business Necessity" for Drivers Under Americans with Disabilities Act
Jun 29, 2006, Employment Law Alert June 29, 2006 Supreme Court Substantially Broadens Scope of Retaliation Claims
Jun 07, 2006, Employment Law Alert June 7, 2006 Court Holds Full Disclosure Must Accompany Reduction-In-Force Waivers
Feb 21, 2006, Employment Law Alert February 21, 2006 Tenth Circuit Holds English-Only Policy May Violate Title VII
Jan 20, 2006, Employment Law Alert January 20, 2006 Ninth Circuit Held That Decision Not to Reinstate Employee with History of Criminal Violence Violates ADA
Nov 11, 2005, Employment Law Alert November 11, 2005 Supreme Court Rules on Waiting and Walking for PPE
Aug 29, 2005, Employment Law Alert August 29, 2005 Well Known Personality Test Ruled To Violate ADA
Jul 26, 2005, Employment Law Alert, July 25, 2005 Fourth Circuit Bars Any Waiver Under FMLA
May 25, 2005, Employment Law Alert May 25, 2005 Court Allows Constructive Discharge Claim Under FMLA
Apr 01, 2005, SHRM Legislative Update
Mar 30, 2005, Employment Law Alert March 30, 2005 Supreme Court Rules That ADEA Allows Disparate Impact Claims
Mar 29, 2005, Workplace Alert March 2005 Comments on Revised ADA Standards Due May 31, 2005
Mar 16, 2005, Employment Law Alert- March 16, 2005 Without More, Lateral Transfer At Same Pay And Benefits Is Not An "Adverse Action" In Discrimination Law
Feb 18, 2005, Employment Law Alert- February 18, 2005 Congress Enacts Class Action Fairness Act of 2005
Jan 21, 2005, Employment Law Alert - January 21, 2005 Third Circuit Held That Requirement To Remove Confederate Flag From Vehicle Is Not By Itself A Violation Of Title VII
Dec 07, 2004, Employment Law Alert December 7, 2004 Employer Consent Required Before Combining Regular Employees With Joint Employees Into Single Bargaining Unit
Dec 01, 2004, 2005 Spending Bill Passed Without Overturning Department of Labor Overtime Rules
Dec 01, 2004, Workplace Alert December 2004 2005 Spending Bill Passed Without Overturning Department of Labor Overtime Rules
Nov 16, 2004, American Jobs Creation Act Changes Tax Liability for Plaintiff's Attorney's Fees in Employment Lawsuits
Sep 29, 2004, Second Circuit Holds That ADEA Covers Disparate Impact
Aug 12, 2004, Employment Law Alert August 12, 2004 California's Private Attorney General Law Amended
Jun 22, 2004, Developments in the Americans with Disabilities Act
May 10, 2004, Wage, Hour, and Overtime Issues - An Overview of the Department of Labor's New Overtime Regulations
May 06, 2004, Employment Law Alert May 5, 2004 Court Held that Waiver of Discrimination Claims as a Condition of Continued Employment is Unenforceable
Apr 20, 2004, Employment Law Update: New Overtime Rules
Apr 01, 2004, Employment Law Updates That Could Effect Your Dealership
Feb 25, 2004, Supreme Court Holds That The ADEA Does Not Allow "Reverse" Age Discrimination Claims
Dec 03, 2003, Employment Law Alert December 3, 2003 Supreme Court Rules That Neutral Policy That Bars Rehiring Recovered Drug Addicts Does Not Violate ADA
Nov 21, 2003, Employment Law Alert November 21, 2003 Court Held Coworker Testimony About Employee's Performance is Virtually Irrelevant
Oct 30, 2003, ADA Case Turns on "Interactive Process"
Oct 24, 2003, Employer's Attempt To Stop Ex-Employee's Spam Fails
Jul 31, 2003, Employment Law Alert July 31, 2003 Supervisor's Casual Comments During Job Interview Caused Fixed Term Contract
May 30, 2003, Employment Law Alert May 30, 2003 Employer's Failure to Accommodate Gave Rise to Constructive Discharge Claim
May 12, 2003, Workplace Alert May 12, 2003 OSHA Announces Draft Ergonomics Guidelines for Retail Grocery Stores
Apr 22, 2003, Employment Law Alert April 22, 2003 Supreme Court Affirms EEOC Test Defining "Employee" In Professional Corporations
Mar 28, 2003, Employment Law Alert March 28, 2003 Department of Labor to Propose Changes to Overtime Eligibility
Feb 12, 2003, Employment Law Alert February 12, 2003 Michigan Executive Order May Bar Contractors for Employment and OSHA Violations
Jan 16, 2003, Employment Law Alert January 16, 2003 Prerequisite Safety Training Not Always Compensable Under FLSA
Jan 01, 2003, Achieving Safety and Health Regulatory Compliance
Nov 19, 2002, Employment Law Alert November 19, 2002 Regular Attendance May Be Essential Job Function Under ADA
Oct 31, 2002, Employment Law Alert October 31, 2002 Title VII does not Preclude Sexual Harassment Claims on the Basis of Sexual Orientation
Sep 26, 2002, Employment Law Alert September 26, 2002 Temporary Employees May Be Able To Sue Host Company Under Title VII
Aug 16, 2002, Employment Law Alert August 16, 2002 New Corporate Responsibility Statute Includes Employee Whistleblower Protection Provision
Aug 15, 2002, Expanded Whistleblower Protection and Criminal Liability for Employers Under Corporate Responsibility Legislation
Jul 16, 2002, Employment Law Alert July 16, 2002 DC Court Held that Improperly Drafted Employee Handbook Could Undermine The Employer's Ability To Terminate An Employee At Will
Jun 11, 2002, Employment Law Alert June 11, 2002 ADA Allows Employer To Refuse To Hire Person Whose Disability Poses Direct Threat To Self When Performing Job
Jun 07, 2002, Employment Law Alert June 7, 2002 Neutral Administrative Policies do not Relieve Employer of ADA Duty to Consider Reasonable Accommodations
Apr 29, 2002, Employment Law Alert April 29, 2002 In ADA Case, Supreme Court Holds that Seniority System Usually, but not Necessarily, Makes Job Transfer an Undue Hardship Under ADA
Apr 16, 2002, Employment Law Alert April 16, 2002 Supreme Court Upheld Employer's Leave Policy Despite Failure to Designate as FMLA Leave
Feb 14, 2002, Employment Law Alert February 14, 2002 Knowledge of Employee's Condition Could Imply Notice that Absence may be FMLA Leave
Feb 11, 2002, Guidelines for Obtaining Employee Medical Information in Preparing Emergency Evacuation Procedures
Feb 01, 2002, Why Employers Must Train Their Record Keepers: Emerson Electric Co. vs. Secretary of Labor, 19 OSHC (BNA) 1424 (February 2001)
Jan 25, 2002, Drafting and Litigating Non-Compete Agreements
Jan 18, 2002, U.S. Supreme Court Rules That Arbitration Agreements Do Not Bar EEOC From Seeking Damages
Jan 09, 2002, Employment Law Alert January 9, 2002 Supreme Court Limits ADA in Carpal Tunnel Case
Dec 19, 2001, Employment Law Alert December 19, 2001 New Case Suggests Training is Essential so that Supervisors Don't Ignore Signs of Harassment in Workplace
Dec 01, 2001, Complying With Medical Records Privacy Regs
Nov 05, 2001, Employment Law Alert November 5, 2001 Employment Law Protections for Military Reservists Which Every Employer Should Know
Sep 01, 2001, Beyond Ergonomics: Back Injuries as Disabilities: Duncan vs. Washington Metropolitan Area Transit Authority, 240 F.3d 1110 (D.C. Cir., 2001)
Aug 13, 2001, Employment Law Alert August 13, 2001 Supreme Court Lifts $300K Damages Cap on Employee Suits
Aug 08, 2001, Department of Transportation Updates Drug and Alcohol Testing Requirements
Jul 23, 2001, Frequently Asked Questions Regarding Sexual Harassment in the Trade Association Workplace
Jul 17, 2001, Employment Law Alert July 17, 2001 Genetic Information Protection Sought on Capitol Hill
Jun 01, 2001, Burden of Proof Remains with OSHA: Secretary of Labor vs. New York State Electric & Gas Corp., OSHRC Docket No. 91-2897, March 24, 1995
Mar 08, 2001, Both Houses Pass Historic Rejection of OSHA's Ergonomic Program Standard
Jan 29, 2001, How Relocation Affects the Employment At Will Relationship
Jan 01, 2001, 2001 Occupational Safety and Health Law Handbook
Oct 01, 2000, Prompt Medical Attention: CMC Electrics v. Occupational Safety and Health Administration, 19 OSHC (BNA) 1001 July 19, 2000
Apr 01, 2000, Is OSHA Watching From Afar? Secretary of Labor vs. Hi-Tech Builders Inc., OSHRC Docket No. 97-1976 Occupational Safety and Health Review Commission Dec. 8, 1999