Kristin D. Sostowski

Practice Areas

Kristin Sostowski is known for her tenacious advocacy, strategic approach, and attention to detail in representing employers. Recognized by Chambers USA, Best Lawyers®, New Jersey Super Lawyers, and Benchmark Litigation as among the leading employment lawyers in New Jersey, she balances her practice between employment litigation and counseling and is the Team Leader of the firm’s Higher Education practice. Chambers USA notes that “her knowledge is vast and she has an appreciation of the big picture as well as the details.”

Ms. Sostowski advises employers regarding compliance with federal and state workplace laws, prevention or early resolution of employment disputes before they lead to litigation, and defense of workplace-related disputes. She represents companies and managers in employment litigation in state and federal courts and agencies, with an emphasis on whistleblower, discrimination, harassment, retaliation, and restrictive covenant matters. Ms. Sostowski also provides employment law advice to in-house counsel, human resources professionals, and executives in a variety of industries, including higher education, technology, pharmaceuticals, financial services, healthcare, and public and nonprofit entities.

A longtime champion for women’s advancement in the legal profession and under the law, Ms. Sostowski served as President of the National Association of Women Lawyers (NAWL) from 2019-2020. Founded in 1899, NAWL is the nation’s oldest professional organization devoted to the interests and progress of women lawyers and women’s legal rights. As President of NAWL during both the centennial of the 19th Amendment and the early stages of the COVID-19 pandemic, Ms. Sostowski led the association through its first virtual Mid-Year and Annual Meetings, with ambitious programming to reflect the significance of the historic anniversary and meet the needs of attorneys working remotely. During her term as President, NAWL also undertook a multi-year, strategic planning process, reinvigorated the association’s focus on advocacy and public policy issues, and revitalized the Women Lawyers Journal, in publication since 1911, with the expansion of the WLJ’s Editorial Board. Ms. Sostowski is also a longtime Trustee of the New Jersey Women Lawyers Association.

Focus Areas

Employment Litigation & Agency Matters: Ms. Sostowski represents management in disputes with their current and former employees, concentrating on whistleblower, discrimination, harassment, retaliation, and restrictive covenant litigation. She has defended single-plaintiff and multi-plaintiff cases in state and federal courts and administrative agencies, including the Equal Employment Opportunity Commission, the New Jersey Division on Civil Rights, and the New York State Division of Human Rights. She also has represented employers in arbitration and mediation, and in government investigations and audits arising from the employment relationship, including matters involving the U.S. Department of Labor and the Office of Federal Contract Compliance Programs.

Employment Law Counseling & Investigations:

Ms. Sostowski also counsels clients on compliance with federal, state, and local employment laws, prevention or early resolution of employment disputes before they lead to litigation, and employment issues in connection with corporate transactions. She regularly advises clients in a variety of industries, including higher education, technology, financial services, healthcare, pharmaceuticals, and public and nonprofit entities, regarding a wide range of employment issues, including:

—Hiring practices, performance management, and terminations

—Employee leaves and accommodations

—Workforce restructuring and reductions in force

—Compensation issues, including equal pay

—Wage and hour and worker classification issues

—Independent contractor issues

—Restrictive covenants

—Executive employment agreements

—Employment issues arising from corporate transactions

She works closely with clients’ in-house counsel and human resources departments to assess and refine their employment practices and develop policies, handbooks, and employment agreements that complement their business needs.

Ms. Sostowski also handles internal investigations of alleged employee misconduct. She has conducted numerous investigations, both privileged and non-privileged, of allegations of discrimination, harassment, retaliation, and/or violations of employer codes of conduct.

Higher Education:

Ms. Sostowski works with higher education institutions to address the many employment-related issues they face. She conducts Title IX investigations and represents colleges and universities in employment litigation matters. She also regularly advises colleges and universities regarding compliance with federal, state, and local employment laws and regulations; employee leaves and accommodations; termination of employment and reductions in force; employee and manager training; drafting of policies, handbooks, and agreements; and wage and hour, worker classification, contractor, and compensation issues. Ms. Sostowski is a member of the National Association of College and University Attorneys (NACUA) and she has been appointed to the New Jersey State Bar Association Higher Education Committee.

Electronic Discovery & Information Management Counseling:

As a longtime member of the firm’s E-Discovery Task Force, Ms. Sostowski is particularly knowledgeable regarding the management of employee usage of technology. She frequently counsels clients and lectures on the evolution of employment law in response to technology, including latest developments in social media and electronic systems policies and strategies for protecting business interests that may be impacted by employees’ use of technology.

Education

Ms. Sostowski earned her J.D. from Harvard Law School (1998-2001), where she served on the Executive Board for the Harvard Civil Rights-Civil Liberties Law Review, and her B.A., with high honors, from Swarthmore College (1993-1997).

Honors & Awards

In addition to Chambers, Ms. Sostowski is listed in Best Lawyers® for Litigation – Labor and Employment, New Jersey Super Lawyers for Employment & Labor, and Benchmark Litigation as a “Labor & Employment Star – Northeast” and was named to Profiles in Diversity Journal’s “Women Worth Watching” list and NJBIZ’s “Best 50 Women in Business” list for 2019. She is a Fellow of the American Bar Foundation.