Kristina A. Yost

Partner

New York + 1.212.326.3816

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Kristina Yost has more than 15 years of experience defending significant employment litigation and counseling employers on their most important employment issues. She has experience defending companies in all manner of complex labor and employment litigation, including hybrid Fair Labor Standards Act and Rule 23 wage and hour class claims and single, multiplaintiff, and systemic discrimination claims. She also represents employers before the Equal Employment Opportunity Commission and other government agencies in investigations.

In addition, Kristina counsels employers on best practices for minimizing risk while achieving their business objectives. In this vein, Kristina frequently conducts investigations into sensitive internal complaints, advises clients on compliant HR practices, and reviews employment classification issues in an ever-changing regulatory environment. Kristina maintains an active pro bono practice counseling nonprofit companies in all areas of labor and employment law.

In 2024, Kristina was named one of the top six employment lawyers under the age of 40 by Law360.

Experience

  • Bloomberg wins judgment and dismissal of claims challenging its use of fluctuating workweek method to calculate overtimeJones Day secured a critical win for client Bloomberg L.P. on a motion for partial judgment on the pleadings resulting in the dismissal of a former employee's challenge to Bloomberg's use of the fluctuating workweek method of paying overtime.
  • Flowers Foods defeats conditional certification in FLSA collective actionOn behalf of Flowers Foods, Inc., Jones Day defeated a motion to conditionally certify a proposed Fair Labor Standards Act class of bakery product distributors in the State of New York.
  • Pret A Manger successfully limits scope of notice in FLSA collective actionJones Day represents Pret A Manger (USA) Limited in a putative class and collective action matter involving claims under the Fair Labor Standards Act ("FLSA") and New York Labor Law ("NYLL") for unpaid overtime and alleged unlawful tip pooling, among other claims.
  • Memorial Sloan-Kettering wins dismissal of national origin discrimination and retaliation claims at Second CircuitJones Day obtained dismissal of a former employee's discrimination and retaliation claims on behalf of Memorial Sloan-Kettering Cancer Center.
  • Regional transportation company audits for wage-hour issuesJones Day was retained to perform an audit of certain wage-hour issues at a regional transportation company, including whether several different types of drivers were properly classified as exempt under the Fair Labor Standards Act and applicable state law under the motor carrier exemption and complex regular rate issues.
  • Bloomberg wins dismissal in well-publicized pregnancy discrimination case brought by EEOCJones Day successfully defended Bloomberg, L.P. in a company-wide national and international discrimination and retaliation class action case brought by the Equal Employment Opportunity Commission (EEOC) that alleged that Bloomberg engaged in a pattern or practice of pregnancy discrimination by, among other things, reducing the pay of pregnant women and women who took maternity leave.
  • Organic Avenue defends against multi-plaintiff discrimination claimsJones Day represented Organic Avenue LLC in defending two related discrimination actions by three former employees.
  • Pret A Manger defends against statewide FLSA collective action on behalf of all current and former Managers In TrainingJones Day was retained by Pret A Manger (USA) Ltd. to defend the company in a lawsuit brought by a former employee alleging that he and a class of current and former Managers in Training were misclassified as exempt from federal and state overtime laws.
  • Verizon obtains summary judgment and defeats class certification in putative wage-hour collective actionJones Day won summary judgment for Verizon New York in a putative collective/class action alleging overtime violations, resulting in the court denying plaintiffs’ motion for conditional class certification.
  • New York City area hospitals and nursing homes win arbitration respecting nurses' health benefits coverageOn June 20, 2011, Jones Day lawyers achieved an important victory for 41 New York City area hospitals and nursing homes, as Arbitrator George Nicolau issued a binding arbitration award ordering the Trustees of the New York State Nurses Association Benefit Fund (NYSNA Fund) to make wide-ranging changes in the Fund's health benefits program.
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    April 2024 Alert

    U.S. Supreme Court Modifies Title VII's Adverse Action Standard

    November 2023 Alert

    New York State Limits Remedies for Breach of Nondisclosure Provisions in Settlement Agreements

    June 2023 Alert

    Amended New York WARN Regulations Now in Effect

    April 2023 Alert

    New York City Releases Final Rules on Automated Employment Decision Tools

    April 2023 Commentary

    New Jersey WARN Act Amendments Expanding Coverage and Increasing Severance and Notice Requirements Now in Effect

    APRIL 2023 Commentary

    New Federal Laws Provide Expanded Protections for Pregnant and Nursing Workers

    December 2022 Alert

    New York State Prohibits Retaliation Against Employees Who Use Legally Protected Leave

    September 2022 Commentary

    Navigating Labor Shortages in the Food Industry and the Effects of Relying on Contingent Workers

    March 2022 Alert

    New Federal Law Prohibits Mandatory Arbitration of Sexual Assault and Harassment Claims

    February 2021 Alert

    D.C. Circuit Puts Longstanding Defense to Employment Discrimination Claims In Doubt
    View All

    Additional Speaking Engagements

    • September 2014
      2014 Labor & Employment Seminar - New York
    • February 2014
      The Proposed New NLRB Rules for Union Elections and What Else to Expect from the New Board

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