Alison B.Marshall

Of Counsel

Washington + 1.202.879.7611

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Alison Marshall is an active litigator who has extensive experience handling complex employment litigation matters including employment discrimination class actions, Fair Labor Standards Act (FLSA) collective and state wage and hour class actions, and whistleblower claims. She also routinely counsels employers on pay equity and related compensation issues, class action waivers, Office of Federal Contract Compliance Programs (OFCCP) compliance, Americans with Disabilities Act (ADA) compliance, early retirement programs, reorganizations and reductions in force, and sexual and racial harassment policies.

Alison's recent engagements include successfully representing several employers facing potential collective actions under the Age Discrimination in Employment Act (ADEA) challenging layoff and university hiring practices and guiding several companies through complex pay equity reviews. She is a frequent speaker on employment and civil rights issues and the author of a number of published articles on equal employment opportunity (EEO) issues. She is a member of the College of Labor and Employment Lawyers as well as a member of the Equal Employment Opportunity and the Employee Rights and Responsibilities Committees of the Labor and Employment Law Section of the American Bar Association.

Alison also maintains an active pro bono practice. She co-chairs Jones Day's Anti-Human Trafficking Task Force and recently supervised a team of associates who obtained a highly publicized jury verdict in the Eastern District of Virginia on behalf of a victim of severe trafficking. She also participates in global training programs on human trafficking issues, most recently in Arusha, Tanzania.

Experience

  • United Nations University obtains assistance with "Survivor's Package" for survivors of modern slavery and human traffickingJones Day conducted worldwide research for the United Nations University Centre for Policy Research to assist in the development of a "Survivor Package" for survivors of modern slavery and human trafficking.
  • Human trafficking victim prevails on claims under TVPAOn July 31, 2017, a jury in the Eastern District of Virginia found in favor of Jones Day pro bono client Sarah Roe (a pseudonym) and awarded her $3 million dollars in compensatory and punitive damages on her claims under the Trafficking Victims Protection Act ("TVPA").
  • Human Trafficking Legal Center files amicus brief in support of minor human trafficking victim seeking application of Ohio Safe Harbor lawJones Day filed an amicus brief on behalf of the Human Trafficking Pro Bono Legal Center that urged the Ohio Supreme Court to vacate the convictions of a juvenile victim of human trafficking based on the failure of the lower court to consider the application of Ohio's Safe Harbor law, which provides specific, rehabilitative processes and protections for minor human trafficking victims.
  • R.J. Reynolds' victory in age discrimination case affirmed by Eleventh CircuitOn October 5, 2016, the U.S. Court of Appeals for the Eleventh Circuit sitting en banc affirmed a district court's decision in favor of Jones Day client R.J. Reynolds Tobacco Company (RJRT), holding that disparate-impact hiring claims are unavailable under the Age Discrimination in Employment Act (ADEA), and that equitable tolling does not apply when an unsuccessful job applicant does nothing to pursue his claims until being contacted by a class-action lawyer several years after the statute of limitations has expired.
  • NPR seeks advice on First Amendment, corporate, and labor mattersJones Day is providing ongoing advice to National Public Radio, Inc. (NPR) in connection with First Amendment, labor and employment, intellectual property, and general corporate matters.
  • Fourth Circuit overturns district court, allowing victim of trafficking to pursue civil remedies against defendant diplomatsAppellant Cristina Fernandez Cruz came to the United States from the Philippines to work for World Bank employees as a nanny, full of hope that she would be able to provide a better life for er elderly parents and chronically ill daughter.
  • GE defends against putative nationwide class action alleging discrimination against women in executive pay and promotionsJones Day represented General Electric Company in a nationwide putative class action, alleging discrimination against women in the executive band in pay and promotions.
  • IBM defends against putative nationwide age discrimination class action arising out of reductions-in-forceJones Day represented International Business Machines Corporation ("IBM") in a putative collective action brought by 12 former IBM employees alleging discrimination under the Age Discrimination in Employment Act on behalf of upwards of 15,000 former employees over the age of 40 who were terminated in conjunction with reductions in force between 2001-2005.
  • Albertson's prevails in putative wage and hour class action brought by employeesJones Day represented Albertson's in a putative wage and hour class action for a class of various front end grocery employees.
  • Verizon defends against age discrimination claim brought by former employee in Southern District of NYJones Day defended Verizon Communications, Inc. in age discrimination claim raised by former employee.
  • Verizon defends against discrimination claims brought by former employee in District Court of NJJones Day defended Verizon Communications, Inc. against an individual employee lawsuit alleging national origin and disability discrimination, retaliation and state law claims.
  • IBM settles FLSA and ERISA class action involving technical support workers' exempt statusJones Day represented International Business Machines ("IBM") in litigating and settling this lawsuit, which was filed in January 2006 on behalf of a putative class consisting of IBM's technical support workers nationwide.
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    July 2020 White Paper

    Labor Trafficking in Corporate Supply Chains—Summer 2020 Update

    May 2020 White Paper

    Avoiding Pandemic-Related Employment Litigation and Disputes

    March 2020 White Paper

    Combating Forced Labor: The Increased Use of Withhold Release Orders and Formal Findings

    January 2020 Jones Day Publications

    Jones Day's Anti-Human Trafficking Initiatives 2020-2021

    December 2019 Jones Day Publications

    Labor Trafficking in Corporate Supply Chains—Where We Are Now

    May 2019 Jones Day Publications

    Human Trafficking in the Hospitality Industry: What Industry Participants Should Do to Protect Themselves and Their Customers

    August 2018 Commentary

    The Global Spotlight on Labor Trafficking in Corporate Supply Chains -- Know Your Obligations

    August 2016 Alert

    Final Rule Implementing the Fair Pay and Safe Workplaces Executive Order Released

    March 2016 Alert

    Supreme Court Rules Class-Action Wage-and-Hour Plaintiffs Can Rely on Statistical Analysis to Calculate Average Uncompensated Work Time

    May 2015 Alert

    Mach Mining, LLC v. EEOC: Supreme Court Holds that Courts May Engage in Limited Review of EEOC Conciliation Efforts
    View All

    Additional Publications

    • June 25, 2012
      Warding Off Discovery In Employment Class Actions, Employment Law360
    • February 6, 2012
      Who's A Federal Contractor? You Just Might Be, Law 360
    • November 12, 2009
      Wage and Hour Compliance: Key Issues Affecting the Healthcare Industry, American Hospital Association and American Society for Healthcare Human Resources Administration
    • Summer 2003
      U.S. Supreme Court Tackles Affirmative Action in University Admissions: Will the Outcome Affect Corporate Diversity Efforts? 29 Employee Relations Law Journal
    • Spring 2002
      Robinson v. Metro-North: Renewed Life for Employment Discrimination Class Actions? 27 Employee Relations Law Journal 113
    • Spring 2001
      Eleventh Circuit's Chapman Decision: Reiterating Deference to Employer's Reasonableness, 26 Employee Relations Law Journal 155
    • Spring 2000
      Eighteen Months After Ellerth and Faragher: What Guidance Have the Lower Courts Provided to Employers? 25 Employee Relations Law Journal 109
    • February 14, 2000
      Learning to E-Manage, Legal Times
    • Autumn 2000
      Non-Competition Agreements: What Risks Do Employers Face? 26 Employee Relations Law Journal 113
    • Summer 1999
      'Same Actor' Evidence: What Weight Should It Be Given? 25 Employee Relations Law Journal 109
    • Spring 1999
      Litigating Supervisor Sexual Harassment Cases After Ellerth and Faragher: Issues and Strategies for Employers, Employee Relations Law Journal
    • November 1998
      Supervisor Hostile Environment Sexual Harassment: Will Your Company Be Able To Establish The Affirmative Defense Announced By The United States Supreme Court Last Term, The Metropolitan Corporate Counsel
    • Summer 1997
      Title IX and Gender Discrimination in Athletics, Employee Relations Law Journal
    • September 1999
      Effective Antidiscrimination Programs May Limit Liability for Punitive Damages, coauthor, Employment Law Strategist
    • July 28, 1999
      Applying Agency Theory in Employment Discrimination Cases, coauthor, New York Law Journal

    Speaking Engagements

    • June 7, 2016
      "Fair Pay" in California: Pushing the Pay Equity Envelope
    • April 28, 2016
      Pay Equity: Preparing for Increased Scrutiny
    • May 14-15, 2015
      2015 Health Care Labor & Employment Symposium
    • October 28, 2014
      OFCCP Webinar
    • October 28, 2014
      Expanding Federal Contractor Employment Obligations: President Obama's Recent Executive Orders and New OFCCP Requirements
    • May 1-2, 2014
      Jones Day 2014 Railway Labor Act Symposium
    • October 16, 2013
      Expanding Obligations: What Federal Contractors Need to Know About the OFCCP's New Policy Directions
    • April 9, 2013
      2013 Government Contractor Labor & Employment Discussion Group
    • December 4, 2012
      The EEOC in President Obama's Second Term
    • June 7 - 8, 2012
      Jones Day 2012 Railway Labor Act Symposium
    • May 10, 2012
      2012 Hospitality Labor & Employment Discussion Group
    • April 13, 2011
      Executive Roundtable Series - Labor and Employment: What Should Employers Expect in 2011?
    • March 16, 2010
      Executive Roundtable Series: Top Employment Issues to Watch in 2010
    • January 5, 2010
      EEOC Investigations on the Rise: Proactive Strategies to Respond to Discrimination Investigations and Prevail in Claims, Strafford CLE Webinars and Teleconferences
    • November 12, 2009
      Wage and Hour Compliance: Key Issues Affecting the Healthcare Industry, American Hospital Association and American Society for Healthcare Human Resources Administration
    • June 2009
      2009 Labor & Employment Legislative and Regulatory Briefing
    • March 19, 2009
      Latest Developments in Labor and Employment Legislation, Regulation and Enforcement, Jones Day 2009 Labor & Employment Legislative Briefing
    • November 5, 2008
      When EEOC Comes Knocking, Strafford Publications Webinar
    • September 11, 2008
      Conducting Voir Dire: Tutorial, ABA Section of Labor & Employment Law
    • April 24, 2008
      Employment Law Developments: ADA, Religious Freedom, and New Potential Protected Classes, Jones Day 2008 Labor & Employment Legislative Briefing
    • March 3, 2008
      A View From The Equal Employment Opportunity Commission and an Employment Law Update, 2008 Health Care Labor & Employment Symposium
    • August 2, 2007
      Responding to and Preventing Retaliation Claims
    • April 27, 2007
      Significant Recent EEO Decisions and Trends
    • December 7, 2006
      Harassment Law Update, The National Employment Law Institute
    • December 7-8, 2006
      27th Annual National Conference on Developments in Employment Law, Employment Law Conference
    • December 5, 2006
      Labor & Employment Briefings: Electronic Communications and Data: The Impact on Employment Litigation
    • April 6, 2006
      Manage With Care: Labor and Employment Issues
    • December 9, 2004
      Harassment Update, The National Employment Law Institute
    • August 5, 2004
      Significant Developments in Harassment and Retaliation Law, The National Employment Law Institute
    • February 3, 2004
      Wage and Hour Class Actions, 9th Annual Employment Practices Liability Insurance Conference, American Conference Institute
    • December 11, 2003
      Privacy Claims in the Employment Context, The National Employment Law Institute, 2002 Employment Law Update
    • September 21, 2000
      Top Ten Employment Issues in the Electronic Era, Law Seminars International, Northern Virginia
    • August 1999
      Workplace Harassment and Discrimination in the Electronic Era, The Electronic Communications Employment Law Workshop
    • August 1998
      Employment Class Actions in the Aftermath of Texaco, ABA Conference

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