Cozen O’Connor: Kearney, Barry J.

Barry J. Kearney

Of Counsel

Washington, D.C.

(202) 912-4819

(202) 861-1905

Recent Publication:

Independent Contractor Status: A Return to the Traditional Common Law Test by the NLRB

Barry Kearney discusses the NLRB's returned to the traditional common-law test for determining independent contractor status in the workplace.

Barry Kearney, former associate general counsel of the National Labor Relations Board (NLRB), is of counsel in the firm’s Washington, D.C. office. Barry’s career with the NLRB spanned 46 years, during which he helped decide some of the NLRB’s most difficult and important decisions in the agency’s role in enforcing the National Labor Relations Act.     

Barry is active in the Developing Labor Committee in the Labor and Employment Section of the American Bar Association, where he was public co-chair of the committee for two decades. He is the editor of the 4th, 5th and 6th edition of the labor law treatise Developing Labor Law.

Barry earned his J.D. from St. Louis University and his M.B.A. in industrial relations from Syracuse University. He has a B.S. in business management from the University of Harford. 

Experience

News

Labor board’s handbook guidance eases employer concerns

July 03, 2018

Barry Kearney, of counsel in Cozen O'Connor's Labor & Employment department, discussed with Business Insurance the National Labor Relations Board's return to pre-Obama era handbook rules.

National Labor Relations Board strikes pro-employer stance

December 12, 2017

Barry Kearney, of counsel of Cozen O'Connor's Labor & Employment department, was quoted in Business Insurance about the new pro-employer changes by the National Labor Relations Board.

NLRB's New Top Cop Crucial To Anticipated Pro-Biz Shift

December 01, 2017

Barry Kearney, of counsel to Cozen O'Connor's Labor & Employment department, was quoted in Law360 about the new National Labor Relations Board General Counsel Peter Robb.

Cozen O’Connor Continues Rapid Expansion of Labor & Employment Department and Washington D.C. Office with Addition of Former NLRB Counsel

August 15, 2017

Barry Kearney, former associate general counsel of the National Labor Relations Board, joins the firm as of counsel.

Publications

Independent Contractor Status: A Return to the Traditional Common Law Test by the NLRB

February 05, 2019

Barry Kearney discusses the NLRB's returned to the traditional common-law test for determining independent contractor status in the workplace.

NLRB Majority Makes Clear That Individual Employee Gripes Are Not Protected By Federal Labor Law [Alert]

January 22, 2019

Barry Kearney discusses how the NLRB under Trump is defining concerted activity.

NLRB General Counsel Provides Guidance on Work Rules [Labor & Employment Alert]

June 12, 2018

Barry Kearney discusses the Robb memorandum, which provides guidance with regard to the recently decided Boeing case.

Newly Issued Mandatory Advice Submissions List Reveals NLRB GC’s Priorities [Labor & Employment Alert]

December 05, 2017

Joseph Tilson and Anna Wermuth discuss the general counsel memorandum that signals to many employers that new agency officials will take a more employer-friendly approach.

Events & Seminars

Past Events

24th Annual Employment Law Institute

April 27, 2018 - Philadelphia, PA

2017 Labor and Employment Law Update - Chicago

October 05, 2017 - Chicago, IL

Practice Areas

Education

  • St. Louis University, J.D., 1971
  • Syracuse University, M.B.A., 1965
  • University of Harford, B.S., 1964
  • Missouri
  • District of Columbia

Member, District of Columbia Bar Association

Member, Missouri Bar Association

Member, American Bar Association

Public Co-Chair of the Developing Labor Committee, Labor and Employment Section of the American Bar Association

Member, Council of the American Bar Association Section of Labor and Employment Law, 2011-2016

Fellow, Member, Board of Governors of the College of Labor and Employment Lawyers

Past President (2010), College of Labor and Employment Lawyers