Nicole Falcey represents employers in complex employment litigation, with particular experience in class and collective actions, wage and hour disputes, pay equity matters, and other high exposure employment claims. She defends employers under the Fair Labor Standards Act, state wage and hour and equal pay laws, and a broad range of federal and state employment statutes. Her practice spans New Jersey, New York, and Connecticut and includes employers across a wide range of industries.
An experienced litigator and trial attorney, Nicole handles matters from initial assessment through trial and appeal in federal and state courts. Her successes include securing judgment as a matter of law following the plaintiff’s case in chief in a federal jury trial, obtaining a directed verdict in New Jersey State Court, and successfully defending a favorable judgment on appeal. Nicole’s courtroom experience informs her strategy from the outset, positioning matters for trial while continually evaluating opportunities to narrow claims, control costs, and achieve an earlier resolution when doing so advances the client’s objectives.
Nicole’s litigation practice includes class and collective actions, single plaintiff cases, employment arbitrations, agency proceedings, and complex pay equity disputes. She also represents employers in Department of Labor investigations and audits, including matters involving wage and hour compliance and worker classification.
Beyond litigation, Nicole serves as outside employment counsel to employers that rely on her for both significant employment initiatives and day to day advice. She conducts sensitive workplace investigations and advises on compensation structures, wage and hour compliance, employee relations, accommodations and leave, discipline and termination, workplace policies, and other complex employment issues. She works closely with clients to identify and address potential risks before they become disputes, grounding her advice in both the law and the practical realities of the client’s business and workforce.
Nicole has particular experience representing restaurant and hospitality employers. Her understanding of the industry is informed by firsthand experience: she worked as a server throughout high school, college, and law school, including while studying for the bar exam. That background gives her a practical appreciation for restaurant operations and workforce dynamics and informs her counsel on tip practices, wage and hour compliance, employee relations, and other industry specific challenges. She regularly advises restaurant employers and has defended restaurant groups in class and collective action litigation.