Kevin P. Hishta

Kevin Hishta has been practicing labor and employment law since 1982. He represents employers throughout the country in a wide variety of labor and employment law matters.  Such representation involves employment-related litigation in federal and state courts, including class actions and franchise and independent contractor misclassification litigation.

In addition, he handles affirmative action planning and compliance, including extensive involvement with “glass ceiling” issues and Office of Federal Contract Compliance Programs (OFCCP) compliance reviews, restrictive covenant matters, labor arbitrations and negotiations, union campaigns, and mediations. He has also published numerous articles on labor and employment issues and is a frequent speaker on such topics.

In addition to his experience handling employment-related litigation and traditional labor matters, Kevin has worked extensively with clients on preventive planning to avoid disputes and litigation by:

• Working with clients on strategies to address potential misclassification and joint employer issues
• Working with clients on corporate campaign strategies
• Conducting labor and employment audits with companies to identify and correct problem areas and develop preventive strategies
• Developing and implementing successful downsizing, outsourcing, and other reorganizational strategies
• Providing counsel regarding restrictive covenant matters
• Analyzing compensation and promotional systems and developing compliance strategies
• Developing comprehensive and effective employment policies and related supervisory training.

Education:

• J.D., Vanderbilt University School of Law, 1982
• B.A., magna cum laude, with honors, Duke University, 1979

Admitted to Practice:

• Georgia
• U.S. Supreme Court
• U.S. Court of Appeals, Eleventh Circuit
• U.S. District Court, Middle and Northern Districts of Georgia

Experience:

• Lead counsel in multiple class and collective actions alleging independent contractor misclassification
• Successfully represented major retailer in defeating motion for system wide class certification in race discrimination action
• Successfully represented multi-state manufacturer in defeating motion for system wide class certification in gender discrimination action and ultimately prevailing via summary judgment on all claims
• Successfully represented leading consumer goods company in case involving independent contractors and claims under various franchise and related laws
• Successfully obtained summary judgment on behalf of manufacturer in complex Americans with Disabilities Act case

Professional Activities:

• American Bar Association (Labor and Employment Law Section)
• State Bar of Georgia (Labor and Employment Law Section)
• Atlanta Bar Association (Labor and Employment Law Section)
• Society for Human Resources Management (SHRM)