Serving public and private employers of all sizes
With new regulations constantly changing the workplace, companies are presented with more challenging decisions than ever before regarding their workforces. In today’s employment climate, building a relationship with a legal team that can help companies make thoughtful, informed decisions and avoid costly litigation.
Our employment lawyers work closely with clients around the country and in the UK and Europe to provide comprehensive employment counseling, often serving as an extension of their in-house human resources and legal departments. We advise public and private employers of all sizes across a wide spectrum of industries, from start-ups to large corporations to not-for-profit organizations; from art galleries to insurance brokerage firms, national retail stores, pharmaceutical companies and manufacturers.
As our clients’ right hands regarding employment issues, we address the full range of employment issues, and provide day-to-day counsel on:
- Employee discipline and discharge
- Delicate internal workplace investigations
- Negotiating employment agreements and severance agreements
- Negotiating non-compete and confidentiality agreements in order to protect trade secrets and proprietary company information
- Developing and preparing employee handbooks, and training and policy manuals
- Developing and conducting employee training programs
- Evaluating requests made under the Family Medical Leave Act and Americans with Disabilities Act, state workers’ compensation and disability laws
- Minimizing and prevention of risk associated with corporate transactions, corporate restructuring and reductions in force
- Wage-and-hour practices and audits
- Blending of workforces
We counsel clients regarding issues related to the federal discrimination statutes, such as Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family Medical Leave Act and their comparable state statutes. We regularly advocate for our clients before the state and federal agencies and courts around the country that administer those laws.
While our goal as New York employment lawyers is litigation avoidance, there are times when disputes arise that must be resolved in the courts, the state and federal agencies, or through arbitration or mediation. When this occurs, our New York employment litigation attorneys aggressively represent our clients interests, including prosecuting and defending restrictive covenants and trade secret claims, defending employers against claims filed by former and current employees, litigating disputes related to employment and vendor contracts, defending wage-and-hour claims arising from the Fair Labor Standards Act and its state and city counterparts.
Litigation/Equal Employment Opportunity Commission Matters
- Defended New York citywide garage management company concerning a class action wage-and-hour claim brought by current and former employees; negotiated favorable settlement.
- Defended nationwide retail chain concerning EEOC charges filed by former employees in various states throughout the United States.
- Defended New York-based accounting firm concerning a wage-and-hour litigation brought by a former employee in the Southern District of New York; obtained favorable settlement of all claims.
- Defended high-tech manufacturer and defense contractor concerning a charge of age and national origin discrimination filed by its former president; negotiated a favorable settlement.
- Obtained temporary restraining order on behalf of a multistate wholesale insurance broker against its former employees and their new employer, a national retail and wholesale insurance brokerage firm.
- Defended high-level executive at a U.K.-based financial services firm concerning sexual harassment and battery claims brought in the Southern District of New York by executive’s co-worker; obtained favorable settlement of all claims.
- Defended New York-based financial institution and won full dismissal with prejudice of a complaint of disability discrimination filed in the District of New Jersey by a former employee.
- Defended Texas-based airplane manufacturer in a class action WARN claim filed in Federal Court; obtained favorable settlement of all claims.
- Negotiated settlement of several discrimination claims alleged by former executives of a Florida-based body armor manufacturer.
- Defended U.K.-based insurer and its U.S. consultant in the Southern District of New York concerning claims arising out of a restrictive covenant.
- Argued and won a temporary restraining order against 14 former employees of a U.K.-based publishing company, related to theft of trade secrets and violations of the Computer Fraud and Abuse Act.
- Won dismissal of a complaint filed before the U.S. Department of Justice, Office of the Chief Administrative Hearing Officer by a former employee who claimed discrimination on the basis of his immigration status.
- Obtained temporary restraining order against former brokers of a national insurance brokerage firm, restricting brokers from servicing and soliciting their former employer's clients based on their restrictive covenants.
- Won jury verdict, affirmed by the Second Circuit, in favor of a financial services firm after trial in the Southern District of New York over claims of national origin discrimination, and counterclaims of fraud and self-dealing.
Other Representative Matters
- Favorably negotiated employment agreements for the management team of AGS Benefits Group in connection with the acquisition of AGS by National Financial Partners (NYSE: NFP).
- Counseled and defended various U.S. and European employers in Department of Labor wage-and-hour, workers’ compensation and unemployment audits; obtained reversals of wage-and-hour rulings and negotiated decreases or rescissions of penalties associated with workers’ compensation audits.
- Conducted executive-level employee investigation for New York-based financial institution following internal claim of gender and age discrimination by a high-level executive; advised employer on effective course of executive and management training.
- Favorably negotiated employment agreements for a management team at a publicly traded company in connection with its acquisition by a private equity firm.
- Counseled employers across the U.S. in industries such as manufacturing, retail, and insurance brokerage regarding reductions in force, including preparing severance agreements and releases, Older Workers Benefits Protection Act disclosure statements, termination scripts, and other reduction-in-force documents. Also conducted adverse impact analyses, advised on federal and state WARN Act issues and prepared WARN notices.
- Conducted management training for various employers including a defense contractor, a financial institution, and a K-12 private school on topics including managing employees’ use of social media, disciplining employees, discrimination and retaliation in the workplace, recruiting and hiring employees, and classifying employees and independent contractors.
Represented Quinpario Acquisition Corp. (Nasdaq:QPAC) (Nasdaq:QPACU) (Nasdaq:QPACW) in its definitive agreement to acquire Jason Incorporated from Saw Mill Capital LLC, Falcon Investment Advisors, LLC and other investors. The purchase price of $538.65 million will be funded by the cash proceeds from QPAC's initial public offering, new debt and rollover equity invested by the current owners and management of Jason.
Represented Point Blank Enterprises, an international leader in the design and manufacture of body armor, in obtaining a broad injunction enjoining former Point Blank employees from starting up a competing body armor business. A Florida judge agreed with Olshan and Florida counsel, Berger Singerman LLP, that the ex-employees had misappropriated Point Blank’s confidential information and breached their non-compete and non-solicitation agreements and should be sidelined for 4½ months. The court further held that the former employees would be prohibited from soliciting Point Blank’s customers and employees for 16½ months.
Represented CERTPOINT Systems Inc., a provider of SaaS-based learning management software (LMS) and learning content management software (LCMS), in a merger with Infor Inc., a leading global provider of business application software serving more than 70,000 customers.
- August 15, 2016
- July 8, 2016
- Andrew Lustigman’s and Aliza Herzberg’s Article Regarding the Impact Obama Overtime Rule has on Advertising Agencies and Media CompaniesJune 1, 2016
- March 25, 2016
- January 15, 2016
- November 18, 2015
- September 16, 2015
- August 17, 2015
- May 6, 2015
- March 4, 2015
- February 23, 2015
- July 2, 2014
- November 22, 2013
- September 13, 2013
- September 4, 2013
- April 1, 2013
- September 20, 2012
- May 2, 2012
- April 16, 2012
- February 16, 2012
- January 9, 2012
- January 4, 2012
- April 25, 2011
- October 21, 2010
- August 10, 2010
- April 6, 2010
- October 27, 2016Audio Webinar
- November 9, 2015
- May 6, 2015Baruch College, New York, NY
- March 12, 2015Fordham Law School CLE program
- March 11, 2015New York, NY
- December 5, 2012
- September 12, 2011
- August 15, 2016
- September 16, 2015
- August 17, 2015
- September 13, 2013
- September 20, 2012
- September 20, 2011
Articles & Alerts
- May 29, 2014
- April 2014
- March 12, 2014
- November 2013
- CLIENT ALERT: The Supreme Court’s Defense of Marriage Act Ruling and Its Effect On The Family and Medical Leave ActJuly 2013
- July 2013
- CLIENT ALERT: Reminder - New York Employers’ Annual Notice Requirement Under the Wage Theft Prevention ActJanuary 2013
- January 2012
- CLIENT ALERT: NLRB'S New Posting Requirements and First Reported Decision Regarding Employees' Social Media CommunicationsOctober 2011
- May 2011
- February 23, 2011
- CLIENT ALERT: New Non-Discrimination Tests for Group Health Plans Under the Patient Protection and Affordable Care ActNovember 2010
- December 2009
- October 2009
- March 2009
- August 2008
- June 1, 2016Luxury Daily