Mr. Lincoln’s practice consists of representing management in matters related to labor relations and employment law including Title VII, ADA, GINA, NLRA, FMLA and various other federal and state statutes.
Mr. Lincoln also assists employers in drafting and promulgating restrictive covenants designed to avoid unfair competition, such as non-compete, non-solicitation, and confidentiality agreements. He frequently litigates claims on behalf of employers against former employees (and often their new employers) for breaches of these agreements and also for related claims, such as theft of trade secrets, breach of the duty of loyalty, and unfair competition. Mr. Lincoln also advises departing employees (and their new employers) regarding contractual and other legal rights and obligations and defends challenges to their new employment.
Prior to joining Jackson Lewis, Mr. Lincoln worked for a national labor and employment law firm where he managed numerous employment cases from the position statement stage through summary judgment or trial.
Class and Collective Action Experience
Mr. Lincoln has handled numerous class and collective actions, including wage and hour claims alleging misclassification and failure to pay minimum wages to tipped employees. Representative results in those cases include:
•Defeated class certification motion and subsequent appeals seeking to certify a class of servers and bartenders for alleged unpaid wages under Florida law;
•Defeated conditional certification of putative nationwide collective action of drivers brought under the FLSA for alleged unpaid meal breaks;
•Defeated conditional certification of putative nationwide class of sous chefs and managerial employees brought under the FLSA for alleged misclassification;
•Defeated conditional certification of proposed Florida collective action pertaining to timeshares representatives;
•Obtained dismissal of class claims in a putative nationwide race discrimination case under Rule 23;
•Obtained immediate dismissal of case in a putative nationwide class action under the Fair Credit Reporting Act.
Pro Bono and Community Involvement
•Straz Center for the Performing Arts (Best of Tampa Bay and Broadway Ball Committee Member)
• Purging Religion from Prisons: The Constitutionality of the Standardized Chapel Library Project, First Amendment Law Review , 6 First Amend. L. Rev. 312 (April 2008) [Author]
Speeches and Presentations
• A Beginner's Guide to Defending FLSA Collective Actions, National Law Firm, Attorney Training (Tampa, Florida, June 2014) (Lead speaker)
• To Reject or Not to Reject: Carrier Defenses Tendered Under a Reservation of Rights and the Claims Administration Statute, American Bar Association (October 2009) (Lead speaker)
In the News
May 7, 2018
Jackson Lewis' Recently Elevated and Promoted Attorneys Spotlighted
Jackson Lewis’ newly elevated and promoted attorneys are featured in Law360 Names Attys Who Moved Up The Firm Ranks In Q1,” published by Law360.Subscription may be required to view article
January 9, 2018
Jackson Lewis Celebrates 14 Newly Elevated Principals
WHITE PLAINS, NY (January 9, 2018) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to congratulate the firm’s 14 newly elevated Principals.“The selected attorneys have demonstrated an extraordinary amount of dedication to client service and have helped us increase the depth and breadth of our...
Wage and Hour
Florida Federal Court Provides Path for Employer Recovery of Attorney’s Fees in FLSA Cases
April 25, 2018
In most lawsuits filed under the Fair Labor Standards Act (FLSA), an employer’s ability to recover any attorney’s fees under the prevailing standard - that a plaintiff filed the case in “bad faith, vexatiously or wantonly” - is much too difficult to satisfy. A recent decision from the U.S.
By Andrew R. Lincoln
Professional Associations and Activities
•American Bar Association, Labor & Employment Law Section
•Federal Bar Association
•Florida Restaurant and Lodging Association
•Florida Small Business Resource Network
•Hillsborough County Bar Association
•Westshore Business Alliance
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