Nina K. Markey

nmarkey@littler.com
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Nina Markey represents and counsels employers in all aspects of employment and labor law, including:

  • Discrimination, retaliation and harassment
  • Representation elections
  • Protected activity under the NLRA
  • Unfair labor practice proceedings
  • Labor arbitrations
  • Wrongful termination

Nina practices before state and federal courts, as well as before the Equal Employment Opportunity Commission (EEOC) and the National Labor Relations Board.

Nina has first chaired dozens of jury trials, bench trials and arbitrations. Among her notable litigation successes, Nina has obtained defense verdicts in: a federal jury trial involving discrimination claims under the ADA; a federal jury trial involving race discrimination and retaliation claims under Title VII and the PHRA; a federal jury trial involving customer claims of race discrimination under Section 1981 of the Civil Rights Act; and a state court bench trial involving a claim under the Pennsylvania Whistleblower Act. She has obtained awards of summary judgment in favor of employers in numerous cases, including:

  • A Title VII gender and pregnancy discrimination claim
  • A New Jersey Conscientious Employee Protection Act claim
  • Claims brought under the False Claims Act (upheld by the Third Circuit in a precedential opinion)
  • Multiple cases involving Title VII race discrimination claims
  • Claims brought under the Family Medical Leave Act

Nina works closely with employers on their labor relations needs, including advising management on NLRA compliance; labor arbitrations; ULP litigation before the NLRB; and collective bargaining.

Nina also regularly conducts EEO, labor and other compliance training sessions for employers.

Nina currently serves on Littler’s Diversity and Inclusion Council and co-chairs the firm’s Parenting at Littler (PALs) Initiative; she has served on the firm's Board of Directors. Outside of the firm, Nina currently serves as President of The Wardrobe, a Philadelphia based nonprofit with the goal of helping eliminate clothing insecurity; she has also taught courses on employment law at Rutgers University School of Law.

Prior to joining Littler, Nina served as a law clerk to the Hon. Mary L. Cooper of the United States District Court for the District of New Jersey and the Hon. Jane Grall of the New Jersey Superior Court, Appellate Division.

Credentials & Recognition

Speaking Engagements

Pay Equity Roundtable: What Executives Should Know About Executive Compensation

  • March 15, 2023
  • The Forum of Executive Women

Contingent Labor and Unionization

  • September 19, 2022
  • SIA CWS Summit

Top-10 Predictions for the Future of Nontraditional Work Relationships

  • May 6, 2022
  • Littler Executive Employer Conference

[Virtual] Workplace Sponsorship: Enlisting the C-Suite to Get Diverse Talent to the Top

  • March 16, 2021
  • The Chamber of Commerce for Greater Philadelphia

How to Recognize and Manage Unconscious Bias in Your Legal Practice

  • August 9, 2018
  • ALI Webinar

Employment Law Update

  • May 17, 2018
  • CWS Council Mid-Year North America Meeting, Philadelphia, PA

Keynote Address - Workplace Harassment: Training and Prevention, Investigation and Remediation Measures

  • May 10, 2018
  • ASA Staffing Law Conference, Washington, DC

The Future Workplace: From Gig Workers to Virtual Workers - Part 1: Redefining Employment Relationships and Responsibilities in the Gig Economy

  • May 2, 2018
  • Littler Executive Employer, Phoenix, AZ

Navigating Joint Employment Liability

  • April 26, 2018
  • PBI Employment Law Institute, Philadelphia, PA

Developing Meaningful (and Legal) Strategies That Support Your Diversity and Inclusion Efforts

  • March 28, 2018
  • South Jersey Chamber of Commerce, Voorhees, NJ

Equity in Action: A Diversity and Inclusion Program

  • February 23, 2018
  • Chamber of Commerce, Philadelphia, PA

Ensuring Compliance with the Global Gig Economy

  • November 15, 2017
  • Bloomberg BNA Webinar

The Gig Economy and the Meaning of “Employee”

  • October 27, 2017
  • The Labor & Employment Law Future Forum, The Conference Board, New York, NY

Legal Roundup Panel

  • September 13, 2017
  • Collaboration in the Gig Economy Conference, Dallas, TX

Legal Update

  • May 18, 2017
  • CWS Council Mid-Year North America in Person Council Meeting, Atlanta, GA

Retail Industry Roundtable

  • May 12, 2017
  • The 2017 Executive Employer® Conference, Phoenix, AZ

Big Data Summit: What's the Deal with Using Data Analytics in Hiring, Workforce Management and Litigation?

  • May 10, 2017

New DOL Guidance on Joint Employment: Navigating Heightened Scrutiny and Minimizing FLSA Liability

  • June 1, 2016
  • Strafford Webinar

Retail Industry Roundtable

  • May 6, 2016
  • The 2016 Executive Employer® Conference, Scottsdale, AZ

Managing in Accordance with the NLRA in Union and Non-Union Environments

  • April 5, 2016
  • HR Council, Chamber of Commerce Southern New Jersey

Additional Thought Leadership

Get Your Own Coffee: Advice for Employers Facing Increasing Uncertainty with Respect to the FLSA and Unpaid Internships

  • 2015
  • 33 Hofstra Labor & Employment Law Journal 101

Qualcomm v. Broadcom: Morgan Stanley Redux?

  • Fall 2008
  • Employment & Labor Relations Law Newsletter
  • Section of Litigation - American Bar Association (ABA), Vol. 7, No. 1
  • Paul Weiner

Let us know how we can help you navigate your particular workplace legal issues.