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Kathryn J. Russo

Principal
Long Island

P 631-247-4606
F 631-247-0417
Kathryn.Russo@jacksonlewis.com

Biography

Kathryn J. Russo is a Principal in the Long Island, New York, office of Jackson Lewis P.C. She is a firm resource on the legal issues implicated in workplace drug and alcohol testing arising under federal, state and local laws.

Ms. Russo assists clients with workplace problems involving drugs and alcohol, and gives advice about compliance with all pertinent drug and alcohol testing laws. She prepares substance abuse policies to comply with all federal drug and alcohol testing regulations (including all agencies of the U.S. Department of Transportation), as well as the drug and alcohol testing laws of all 50 states. In addition, she defends employers in litigation where drug and alcohol test results are at issue, and frequently conducts “reasonable suspicion” training for employers in connection with their substance abuse policies. Ms. Russo also counsels employers on leave and disability management issues arising when employees seek leave for substance abuse rehabilitation.

In addition to her workplace substance abuse practice, Ms. Russo concentrates her practice on employment litigation, defending employers in federal and state courts and before administrative agencies and arbitration panels in litigation related to employment discrimination, retaliation, wrongful discharge, whistleblower, wage-hour and related tort and contract claims. Ms. Russo advises clients on compliance with various state and federal laws affecting the workplace, including Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Fair Labor Standards Act, and New York State and City laws, among others. She guides clients through internal investigations, disciplinary actions and medical leave issues, and prepares workplace policies and employee handbooks. Ms. Russo frequently lectures and conducts management training for employers on a wide variety of employment law topics, including EEO/anti-harassment, FMLA, ADA, substance abuse, drug testing and privacy issues.

Prior to joining Jackson Lewis, Ms. Russo worked for a law firm in New York City, where she litigated general commercial disputes, employment matters, legal malpractice cases, and defended attorneys and physicians in disciplinary proceedings.

While attending law school, she was the Articles & Commentary Editor for the Fordham Urban Law Journal.

Jury Trials To Verdict

Ms. Russo’s jury trial experience includes the following:

  • Mendelsohn v. Mercy Medical Center, U.S.D.C., E.D.N.Y. In this gender discrimination case, the jury returned a verdict for the defendant employer.
  • Oge v. Vijax Fuel Corp., U.S.D.C., E.D.N.Y. In this race and national origin discrimination case, the court entered a directed verdict for the defendant employer.

Representative Reported Summary Judgment Victories

  • Malaney v. El Al Israel Airlines, 331 Fed. Appx. 772, 2009 U.S. App. LEXIS 11370 (2d Cir. 2009).
  • Taylor v. Family Residences & Essential Enterprises, 2008 U.S. Dist. LEXIS 6915 (E.D.N.Y. 2008).
  • Jones v. GEICO, 2006 U.S. Dist. LEXIS 29277 (E.D.N.Y. 2006).
  • Livingston v. Adecco, 2005 U.S. Dist. LEXIS 43346 (E.D.N.Y. 2005).
  • Brown v. Sears Roebuck & Co., 297 A.D.2d 205, 746 N.Y.S.2d 141 (1st Dep’t 2002).
  • Biscaino v. Federal Express Corp., 290 A.D.2d 406, 736 N.Y.S.2d 600 (2d Dep’t 2002).

Professional Associations and Activities

  • Suffolk County Bar Association

Honors and Recognitions

Best Lawyers Award Badge

See AllKathryn J. Russo in the News

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August 15, 2018
Jackson Lewis

Jackson Lewis Attorneys Recognized in The Best Lawyers in America© 2019

August 15, 2018

WHITE PLAINS, NY (August 15, 2018) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce more than 200 attorneys throughout the firm’s locations have been named to the 2019 Edition of The Best Lawyers in America©, a publication that has become universally regarded as a definitive guide to legal... Read More

June 1, 2018
Occupational Health & Safety Magazine

Kathryn Russo Authors "Top Ten Mistakes Employers Make When Conducting Workplace Drug and Alcohol Testing"

June 1, 2018

Kathryn Russo authors "Top Ten Mistakes Employers Make When Conducting Workplace Drug and Alcohol Testing," published by DATIA Focus Magazine. Subscription may be required to view article Read More

May 11, 2018
Newsday

Kathryn Russo Comments on the Difficulties the Opioid Epidemic has Posed on Employers in Long Island NY

May 11, 2018

Kathryn Russo comments on how employers are greatly impacted by the effects of the growing opioid epidemic and their increased need for guidance in “Opioid epidemic takes a toll on Long Island's businesses and workers,” published by Newsday. Subscription may be required to view article   Read More

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Showing 1-3 of 11
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June 28, 2018

Oklahoma Voters Pass Broad Medical Marijuana Law with Workplace Anti-Discrimination Provisions

June 28, 2018

Oklahoma became the 30th state to pass a medical marijuana law. Voters approved the measure on June 26, 2018. The new law gives physicians broad discretion to prescribe medical marijuana, which should make it fairly easy to obtain. Additionally, it restricts employers from taking action against applicants or employees solely based on... Read More

June 21, 2018

What Vermont’s Legalization of Recreational Marijuana Means for Employers

June 21, 2018

Vermont’s recreational marijuana law, which goes into effect on July 1, 2018, lifts penalties for individuals possessing limited amounts of marijuana. However, the new law does not require employers to tolerate marijuana possession or use in the workplace. Further, employers may continue to test for marijuana, though any adverse... Read More

June 5, 2018

Maine’s New Recreational Marijuana Law Permits Employers to Enforce Policies Restricting Use

June 5, 2018

Maine’s new recreational marijuana law permits employers to enforce workplace policies restricting the use of marijuana and to take disciplinary action in accordance with those workplace policies. The new law, which took effect on May 2, 2018, replaced one that had been the subject of controversy, particularly with regard to certain... Read More

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Drug & Alcohol Testing and Marijuana in the Workplace

January 29, 2018 - 12:00 PM to 1:00 PM EST

Credits: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

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Archived

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OSHA’s Big Pivot: How the New Electronic Recordkeeping Rule Impacts Injury Reporting, Prevention and Drug Testing Programs

May 24, 2016 - 3:30 PM to 4:30 PM EST
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Medical Marijuana in New York: Is Your Workplace Ready?

January 27, 2016 - 1:00 PM to 2:00 PM EST
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See AllBlog Posts by Kathryn J. Russo

New Jersey Law Does Not Require Employers To Accommodate Medical Marijuana Users With Drug Test Waivers
August 15, 2018

A federal court in New Jersey has held that neither the New Jersey Compassionate Use Medical Marijuana Act (“NJCUMMA”) nor the New Jersey Law Against Discrimination (“NJLAD”) compels an employer to waive its requirements for employees to pass drug tests, even when those drug tests include testing for marijuana. Cotto v. Read More

New Jersey Mandates Drug Testing Of Direct Support Staff
August 2, 2018

All applicants and employees working in any New Jersey Department of Human Services (“DHS”) funded, licensed or regulated program serving adults with developmental disabilities are subject to mandatory drug testing, effective May 1, 2018. Read More

Oklahoma Voters Pass Broad Medical Marijuana Law with Anti-Discrimination Provisions
June 27, 2018

Oklahoma became the 30th state to pass a medical marijuana law after voters approved it on June 26, 2018. The law gives broad discretion to physicians in prescribing medical marijuana, which should make it fairly easy to obtain. Read More