practice areas

employment litigation & counseling

We are one of the premier employment firms in New York, representing individuals, teams and employers in the entire spectrum of employment related issues. 

Most employment lawyers choose sides, and only represent employees or employers. Because we represent both sides, we have unmatched perspective, experience and insight, which we put to use to achieve your goals. Our record of success across numerous matters is outstanding. 

The employment practice group is led by the Firm’s Founding and Managing Partner, Jonathan Harris.  

Restrictive Covenant Litigation: Non-Competes and Non-Solicits

We represent employees and employers in the negotiation and litigation of restrictive covenants. Representative matters include:

  • Defended Honeywell’s non-compete and non-solicit protections against a senior executive who sought a declaration they were unenforceable. Federal Judge Torres of the SDNY found Honeywell’s covenants enforceable as a matter of New Jersey law. 

  • Counseled and represented numerous executives, producers, professionals and teams in connection with successfully navigating a switch in employment, including doctors, a senior trader of a premier hedge fund and his team; the head of business development for a litigation funding firm; leading insurance producers and brokers; and partners at law firms, hedge funds and investment firms.

  • Have sought and obtained preliminary injunctions or favorable resolutions on behalf of multiple employers seeking to enforce restrictive covenants.

Employment Contracts and Severance Agreements

We counsel employees and employers in the negotiation and drafting of employment agreements including stock grants and options, formulas for compensation, restrictive covenants, intellectual property protections, and provisions relating to the termination. On departure from a company, we negotiate severance agreements and where necessary, litigate to enforce rights, obligations and promises.
  

Wrongful Termination, Discrimination and Severance Disputes

We represent employees and employers in all manner of compensation, discrimination and severance disputes including breach of oral or written contract; disputed claims of ownership in companies or partnerships; sex and age discrimination; whistleblower claims; and termination for alleged cause or good reason.

FLSA Class Actions

We represent employees and defend businesses in wage and hour litigation, including Fair Labor Standards Act (“FLSA “) and New York Labor Law (“NYLL”) minimum wage and overtime claims, deduction from compensation claims, misclassification claims, and wage statement/notice violation claims. Representative matters include:

  • Serving as co-class counsel in representing over 600 Wells Fargo financial advisors in a dispute concerning novel issues of misclassification under the FLSA and NYLL. We reached a favorable early-stage class settlement of $3.9 million.

  • Defending a parking garage and individual owners involving allegations of unpaid overtime. We successfully defeated collective certification significantly limiting liability against our clients.

Establishment of Corporate Compliance Programs

The Firm offers a full range of employment services to companies that address the needs of Human Resources Managers and Chief People Officers. In addition to negotiating and drafting of contracts, we provide guidance in connection with executive compensation packages, fringe benefits, and the creation of employee handbooks.

As a part of our Litigation Prevention Program, the Firm offers a wide range of training sessions to ensure compliance with federal, state and city anti-discrimination laws that govern most New York based companies. Our training sessions include preventing sexual harassment in the workplace, addressing claims of discrimination relating to race, gender, disabilities, age, national origin, criminal records, military status and avoiding the pitfalls of employee misclassification and overtime pay charges.