Wayne N. Outten

Attorney Profile

Top Rated Employment & Labor Attorney in New York, NY

Outten & Golden LLP
 | 685 Third Avenue, 25th Floor
New York, NY 10017
Phone: 212-245-1000
Fax: 646-509-2050
Selected to Super Lawyers: 2006 - 2018
Licensed Since: 1979
Practice Areas:
  • Employment & Labor: Employee (80%),
  • Employment Litigation: Plaintiff (20%)
Attorney Profile

Wayne N. Outten is the founding and managing partner of Outten & Golden LLP, a New York City law firm with more than 30 attorneys that focuses on representing employees exclusively. Mr. Outten handles, among other things, employment and expat agreements, severance agreements, employment disputes, and discrimination, harassment, retaliation/whistleblower, and breach of contract claims.

He received his law degree from the New York University School of Law in 1974. He is licensed to practice in New York and Maryland and before the United States Supreme Court, the Southern and Eastern Districts of New York and the U.S. Court of Appeals, Second Circuit.

He was a founding Governor of the College of Labor & Employment Lawyers.  A member of the American Bar Association (ABA), he is vice-chair of the Labor & Employment Law Section, served on the Section's Council (2000-2008), and co-chaired various committes (including the Employment Rights & Responsiblities, International Labor & Employment Law, Pro Bono, and Membership Development Committees). Mr. Outten is a founding member of the National Employment Lawyers Association (NELA) and served on its board for 11 years; and he founded NELA's New York affiliate and served as its president for 16 years. He is also a co-founder and officer of Workplace Fairness, a charitable/educational organization.  He serves on the Executive Committee of the New York State Bar Association's Labor and Employment Law Section and has co-chaired numerous of its committees (including International Labor & Employment Law and ADR).

He is a frequent lecturer and author of articles related to employment law throughout New York and the country, as well as abroad.

For more information, see www.outtengolden.com.

 
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About Wayne Outten

Admitted: 1979, New York

Professional Webpage: http://www.outtengolden.com/firm/team/partners/wayne-outten/

Honors/Awards:

  • Top 100 lawyers in New York
  • Fellow, Arthur Garfield Hays Civil Liberties
  • Lawdragon 500 Leading Lawyers in America 2005-2014
  • Award as Founding Leader (30th Anniversary), National Employment Lawyers Association 2015
  • Lawdragon 500 Leading Lawyers in America in 2006
  • Intercontinental Finance Magazine ICFM 500 Leading Lawyers, 2014
  • Social Justice Leadership Award, The Ethical Humanist Society of Long Island, 2014
  • "Best Lawyers in America"
  • Lawdragon 500 Leading Plaintiff Lawyers in America in 2007
  • Top 100 New York Super Lawyers, 2006-2014
  • Lawdragon Legend 2015 (one of 50 in the U.S.)

Bar/Professional Activity:

  • National Employment Lawyers Association (NELA) (Founding Member, Executive Board, 1985-1996)
  • American Bar Association, Labor and Employment Law Section Council member, 2000 - 2008
  • American Bar Association, Labor & Employment Law Section (Co-chair, Employment Rights and Responsibiltiies Committee, 1995-1998)
  • New York State Bar Association, Labor & Employment Law Section (Active Member, Executive Committee)
  • CPR Institute for Dispute Resolution (Member, Employment Disputes Committee)
  • U.S. District Court Southern District of New York, 1979
  • U.S. Supreme Court, 1997
  • College of Labor and Employment Lawyers, 1996 - 2003 (Founding Governor)
  • American Bar Association, Labor & Employment Law Section (Co-Chair, Membership Development Committee, 2008 - )
  • American Bar Association, Labor & Employment Law Seciton, Co-chair, Employment Rights and Responsibilities Committee, 1995-1998)
  • New York State Bar Association (Former Co-Chair, Alternative Dispute Resolution Committee)
  • New York Bar Association, 1979
  • National Employment Lawyers Association/New York, Founder (1986), President (1986-2002)
  • U.S. Court of Appeals 2nd Circuit, 1988
  • National Employment Lawyers Association (Co-Chair, International Law Committee)
  • American Bar Association, Labor & Employment Law Section (Employee Co-Chair, International Labor & Employment Law Committee, 2005-2008)
  • American Bar Association, Labor & Employment Law Section, Former Co-Chair Committee on Pro Bono Work)
  • New York State Bar Association (Former Co-Chair, International Labor & Employment Law Committee)
  • Co-Chair/ Moderator, International Labor Law Committee, ABA Section of Labor & Employment Law, Vienna, Austria, May 15, 2006 - May 16, 2006
  • U.S. District Court Eastern District of New York

Pro bono/Community Service:

  • Workplace Fairness (Co-Founder, Officer, and Board Member)
  • New York Civil Liberties Union (Former Board Member)

Scholarly Lectures/Writings:

  • Employment Law, Georgetown University Law Center, 10th Annual Corporate Counsel Institute, Snowmass Village, Colorado, March 9, 2006
  • Legislative Update: New York's Whistleblower Law, National Employment Lawyers Association/New York, Hunter, NY, May 16, 2008
  • Global HR Conference, New York University, Global HR Conference, Florence, Italy, November 15, 2005
  • Court-Based or Annexed Mediation Of Employment Disputes, New York University School of Law, Workshop on Employment Law For Federal Judges, NYC, March 18, 2008
  • Representing Workers in Class & Collective Actions. Panel on Working with the Equal Employment Opportunity Commission., National Employment Lawyers Association, Seminar on Impact Litigation, Cambridge, MA, October 14, 2005
  • Discussion of 14 Penn Plaza v. Pyett (Arbitration of Civil Rights Claims), College of Labor & Employment Lawyers/Second Circuit Chapter, NYC, May 12, 2008
  • Teleconference Negotiating Severance Agreements, American Bar Association, Labor and Employment Law Section, Nationwide, September 27, 2005
  • Introduction to International Labor & Employment Law (Moderator), ABA Labor & Employment Law Section Teleconference, February 20, 2008
  • Gender Discrimination Litigation, American Bar Association, Labor and Employment Law Section, September 27, 2005
  • Creating an Ethical Business Environment, Ethical Humanist Society of Long Island, Garden City, NY, February 10, 2008
  • Gender Discrimination Litigation, Practicing Law Institute, NYC, June 27, 2005
  • Retaliation Redux, Colorado Bar Association, National CLE Conference, Vail, CO, January 9, 2008
  • A Review of Common Law Claims, National Employment Lawyers Association, 16th Annual Convention, Philadelphia, PA, June 23, 2005
  • Negotiating Employment Agreements: Mock Negotiation, ABA Labor & Employment Law Section, Annual CLE Conference, Philadelphia, PA, November 9, 2007
  • Mock Negotiating Separation Agreements, Upper Midwest Employment Law Institute, St. Paul, MN, June 3, 2005
  • Retaliation & Whistleblower Claims, PLI 36th Annual Institute on Employment Law, NYC, October 11, 2007
  • Co-Chair, Presenter, Negotiating Employment Contracts, Separation Agreements, and Releases, Minnesota State Bar Association, Minneapolis, MN, October 4, 2007
  • Advanced Trial Practice Panel, Upper Midwest Employment Law Institute, St. Paul, MN, March 3, 2005
  • When Counsel Crosses an Ethical Line: What to Do and How to Do It, PLI's Litigating Employment Discrimination Claims, NYC, June 19, 2007
  • Sarbanes-Oxley: Employment Law Aspects and Procedural Aspects, Georgetown University Law Center, Employment Law & Litigation Institute: Legal Trends and Practice Strategies, Washington, DC, April 21, 2005
  • Anti-Retaliation Under Federal and State Discrimination and Wage-Hour Laws; Implications of Burlington Northern v. White, New York University School of Law's 60th Annual Conference on Labor: Retaliation and Whistleblowers, NYC, May 31, 2007
  • Wal-Mart to Wall Street: Gender Discrimination, Georgetown University Law Center, Employment Law & Litigation Institute: Legal Trends and Practice Strategies, Washington, DC, April 21, 2005
  • Negotiating Employment Agreements, Including Executive Agreements, Upper Midwest Employment Law Institute, St. Paul, MN, May 30, 2007
  • Settlement of Discrimination Cases, ABA Section of Labor and Employment Law, Equal Employment Opportunity Committee, 2005 Midwinter Meeting, Naples, FL, April 7, 2005
  • Negotiating Separation Agreements: A Mock Negotiation, Upper Midwest Employment Law Institute, St. Paul, MN , May 30, 2007
  • How Do You Say Covenant in French ... Spanish ... German? Enforcing Covenants Not to Compete in the International Workforce - Moderator, ABA Section of Labor and Employment Law, Employment Rights & Responsibilities Committee, 2005 Midwinter Meeting, Key Biscayne, FL, March 10, 2005
  • Employment Discrimination Law Outside of the United States: An Overview of Anti-Discrimination Law in the European Workplace - Moderator, ABA / Labor and Employment Law Section, Committee on International Labor Law, Teleconference Series, NYC
  • Why Are Thousands of Women Suing Their Employers? Are Class Action Law Suits Finally Going to Effect Change?, Human Resources Association of NY, NYC, February 17, 2005
  • 25th Annual Employment Law & Litigation Institute - Co-chair "An Interview with the New Chair of the EEOC (Naomi Earp)" "Mock Negotiation of Employment Agreement", Georgetown University Law Center, Washington, DC, April 12, 2003 - April 13, 2003
  • How Women Can Overcome the Glass Ceiling (or Sticky Floor), New Hampshire Women's Bar Association, Manchester, NH, January 13, 2005
  • Picking on Me? Tactics and Defenses for Handling Retaliation Claims, Law Education Institute, Aspen, January 7, 2005
  • Midwinter Meeting "Advice & Strategy on Building a Successful Practice", ABA/Labor & Employment Law Section, Committee on Employment Rights & Responsibilities, New Orleans, LA, March 30, 2007
  • Moderator, Independent Contractors and Interns, “Zero-Hours” Contracts and Just-in-Time Scheduling: Organizing, Representing and Bargaining with Precarious Workers Faced with market pressures to increase the bottom line, companies around," American Bar Association Section of Labor & Employment Law International Labor and Employment Law Committee Midyear Meeting, Barcelona, Spain, 2015
  • Court-Based or Annexed Mediation of Employment Disputes, NYU Law School: Workshop on Employment Law for Federal Judges, NYC, March 12, 2007
  • Panelist, Navigating International Labor and Employment Issues in Corporate Transactions: Know the Issues; Consult the Experts, Law Education Institute, National CLE Conference, Vail, CO, 2015
  • 11th Annual Corporate Counsel Institute "Employment Law Roundtable: Employee and Company Counsel Explore the Most Contentious Issues in Employment Law", Georgetown University Law Center, Washington, DC, March 8, 2007
  • Keynote Speaker, Employment Lawyer as Problem Solver, Connecticut Bar Association, Labor & Employment Law Section, Hartford, CT, 2015
  • Labor & Employment Law Program "Why's Everybody Always Picking On Me? Strategic and tactics in retaliation cases.", Law Education Institute, January 10, 2007
  • Lecturer, Employment Law
  • Moderator, Pay and Leave, Fourth TransAtlantic Conference, U.K. Employment Lawyer Association and ABA Labor & Employment Law Section International Committee, London, 2015
  • Strategic Legal Thinking for Not-for-Profit Executives "From the Belly of the Beast: Avoiding Lawsuits", Pfizer/United Way, NYC, November 2, 2006
  • Lecturer, Retaliation and Whistleblower Claims
  • Lecturer, Employment and Severance Agreements
  • Panelist, The New Restatement of Employment Law, National Employment Lawyers Association/ New York, New York, 2015
  • Leaders in Public Interest Series "Doing Well While Doing Good", NYU Law School, October 30, 2006
  • Lecturer, Mediation
  • Diversity Workshop – Making Diversity Work: Key Tips on Achieving and Maintaining True Diversity in the Legal Profession, Annual Meeting of the American Bar Association Section of Labor & Emp. Law, Equal Emp. Opportunity Committee Program, Honolulu, HI, August 7, 2006
  • Lecturer, Arbitration of Employment Disputes
  • Teleconference - "Employment Law after Burlington Northern: What it Means for Today's Workplace", West Legal Ed Center, NYC, June 30, 2006
  • Instructor, NYU School of Law, 1976 - 1978
  • Settlement and Utilization of Separation Agreements in Discrimination & Sexual Harassment Cases, Practicing Law Institute, Litigating Employment Discrimination & Sexual Harassment Claims, NYC, June 27, 2006
  • Crucial Strategies in Negotiating Employment and Separation Agreements, ABA Labor & Employment Law Section Annual CLE Conference, Denver, CO
  • SOX: A Review of the Newest Whistle blowing Sword, Upper Midwest Employment Law Institute, St. Paul, Minnesota, May 22, 2006
  • Managing Human Resources Risks, New York General Counsel Forum, NYC, October 30, 2008
  • Negotiating Employment Agreements, Including Executive Agreements, Upper Midwest Employment Law Institute, St. Paul, Minnesota, May 22, 2006
  • Ending Employment Relationships, New York State Bar Association, Labor & Employment Law Section, International Labor & Employment Law Committee, NYC, March 8, 2008
  • Co-Chair/ Moderator, International Labor Law Committee, ABA Section of Labor & Employment Law, Vienna, Austria, May 15, 2006 - May 16, 2006
  • Retaliation & Whistleblower Claims, 37th Annual Institute on Employment Law, NYC, October 23, 2008
  • Can You Hear the Whistle blowing? The Prosecution and Defense of Whistleblower and Retaliation Cases, 39th Annual Pacific Coast Labor & Employment Law Conference, Seattle, Washington, May 4, 2006
  • Whistle blowing and Retaliation Against Private Employees, Seattle, Washington, 39th Annual Pacific Coast Labor & Employment Law Conference, May 4, 2006
  • Annual Meeting "Ultimate Arbitration Update", American Bar Association, August 11, 2008
  • Expert Roundtable: Evaluating and Valuing Cases (Co-Chair), Georgetown University Law Center, 24th Annual Employment Law & Litigation Institute, Washington, D.C., April 7, 2006
  • Representing Multinational Employees: Special Issues and Considerations (Moderator), National Employment Lawyers Association Annual Convention, Atlanta, GA, June 26, 2008
  • The Plaintiff's Bar: Plaintiff's Lawyering in Diverse Areas of Practice, New York Law School Conference, NYC, March 31, 2006
  • Arbitration and Mediation Programs, Practicing Law Institute, 30th Annual Litigating Employment Discrimination Claims, NYC, June 16, 2008
  • Workplace Fairness: Utopian Myth or New Reality, ABA Section of Labor & Employment Law, Employment Rights & Responsibilities Committee, 2006 Midwinter Meeting, Puerto Vallarta, Mexico, March 15, 2006
  • Negotiating Employment Agreements, Upper Midwest Employment Law Institute, Minneapolis, MN, May 29, 2008

Other Outstanding Achievements:

  • Public Interest Award from CUNY School of Law Public Interest Law Student Association, 2010
  • Samuel M. Kaynard Award for Excellence in the Fields of Labor & Employment Law from Hofstra Labor & Employment Law Journal, 2010

Educational Background:

  • Drexel University, Philadelphia, Pennsylvania, B.S., 1970
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Office Location for Wayne N. Outten

685 Third Avenue
25th Floor
New York, NY 10017

Phone: 212-245-1000

Fax: 646-509-2050

Wayne N. Outten:

Last Updated: 12/4/2018

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