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Employment and Labor

Overview

Anderson Kill attorneys counsel and represent both employers and employees in every phase of employment and labor law. In each such relationship, we have two primary goals:

  • First, and foremost, to provide accurate and practical advice that will enable the client to accomplish its/his/her goals while minimizing the risk of expensive, high-exposure employment-related litigation; and
  • Second, when litigation does ensue, to provide cost-effective, aggressive, and results-oriented representation.

Anderson Kill employment attorneys have significant experience in the entire range of employment litigation matters including jury trials. Some of our more frequent representations involve individual employment discrimination suits arising under federal, state, and local discrimination laws including claims based on disability, race, religion, age, national origin, retaliation, sex, sexual harassment, and sexual preference.

Anderson Kill also represents employers and employees in issues related to confidentiality and covenants not to compete, employment-at-will, as well as employment-related tort claims including defamation and invasion-of-privacy claims that may grow out of drug-testing programs or investigations of employee misconduct. We have also represented employers and employees in arbitration, mediation, and other forms of alternate dispute resolution.

In addition, Anderson Kill attorneys have represented management before the National Labor Relations Board in union election proceedings and unfair labor practice cases, as well as in a substantial number of grievance and labor arbitration proceedings relating to alleged violations of collective bargaining agreements.

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Advice and Counsel

Anderson Kill attorneys have vast experience and regularly play a hands-on role counseling employers and employees on the full range of issues which may arise in the workplace. We provide preventive advice and counsel guide employers and employees through the maze of applicable employment-related laws on the following topics:

  • Arbitration
  • Confidentiality Agreements and Restrictive Covenants, including Covenants Not to Compete
  • Employee Discipline and Discharge
  • Employee Privacy and Internet Policies
  • Employment-at-Will
  • Employment Agreements
  • Employment Handbook and Policies
  • Employment Discrimination, Equal Opportunity, and Affirmative Action
  • Executive Compensation
  • The Hiring Process
  • Internal Investigations
  • Mediation
  • Organizational Restructuring and Reductions in Force
  • Plant Relocations, Facility Closings and WARN Act
  • Separation and Release Agreements
  • Sexual Harassment
  • Union Relations and Collective Bargaining
  • Wage and Hour Law
  • Wrongful Termination

Training

Our attorneys have provided training to management to ensure compliance with new federal, state, and local employment legislation such as the Americans with Disabilities Act, the Family and Medical Leave Act, the Worker Adjustment and Retraining Notification Act and with the U.S. Supreme Court’s sexual harassment rulings. We have guided many employers in successful efforts to maintain a union-free workplace. In addition, we provide New York employers with sexual harassment prevention training (see below).

Events

Evolution of COVID-19 Insurance Implications: An Update on Coverage and Employment Issues

RIMS New York Chapter / March 16, 2022

ANDERSON KILL PRESENTS “EPLI COVERAGE FOR CLAIMS STEMMING FROM THE CORONAVIRUS”

Anderson Kill / February 17, 2022

“Ten (or More) Things to Consider When Terminating an Employee During the Covid-19 Pandemic” and “EPLI Insurance” – Anderson Kill’s 24th Annual Policyholder Advisor Webinar Series

Anderson Kill / November 23, 2020

Current Issues in Employment Law

Anderson Kill / August 20, 2020

HR In The Age of #MeToo

INSTITUTE OF REAL ESTATE MANAGEMENT, GREATER NEW YORK CHAPTER / January 9, 2019

#YOUTOO? – What To Do? How Employers Can Prevent and Defend Sexual Harassment Claims After #METOO

Anderson Kill / May 2, 2018

Negotiation, Mediation and Arbitration (including Overseas Arbitration) of EPL Claims: Strategies and Techniques for Engaging in Successful Alternative Dispute Resolution

American Conference Institute's 21st National Conference on Employment Practices Liability Insurance / June 24, 2014

Publications

Federal Employment Law Under the Trump Administration: A Significant Shift in Enforcement Priorities

The Legal Intelligencer | ALM / July 24, 2026

Two Years After ‘Muldrow,’ What Must a Plaintiff Show to Establish Harm From Discrimination in the Third Circuit?

The Legal Intelligencer | ALM / July 2, 2026

Trump Administration Withdraws EEOC Guidance as to Harassment Based on Gender Identity or Sexual Orientation

The Legal Intelligencer | ALM / March 9, 2026

A Look at Employment Law Shifts in 2025 and Beyond

The Legal Intelligencer | ALM / December 19, 2025

What, if Anything, Should Businesses Do About DEI in the Age of Trump?

The Legal Intelligencer / March 24, 2025

The FTC’s Noncompete Rule Is Likely Dead

New York Law Journal / February 10, 2025

New York State Enacts Retail Workplace Violence Prevention Act

New York State Enacts Retail Workplace Violence Prevention Act / January 23, 2025

The FTC’s Noncompete Rule Is Likely Dead

The Legal Intelligencer / January 10, 2025

Noncompete Law in Flux—What to Do in the Meantime?

The Legal Intelligencer / October 3, 2024

Texas Federal Judge Halts FTC’s Pending Noncompete Ban

Employment Law Insider Alert / August 23, 2024

10 Things to Consider When Terminating an Employee

Sports, Media, & Entertainment Newsletter / July 24, 2024

FTC Bans Noncompetes Nationwide in Most Instances

Anderson Kill Employment Law Insider Alert / May 2, 2024

Noncompetes Are Under Attack: Important Developments to Consider

The Legal Intelligencer / February 28, 2024

Employers, Take Note: New York Law Will Prohibit Access to Employees’ Private Social Media Accounts

/ October 6, 2023

Federal Pregnant Workers Fairness Act Goes Into Effect

Employment Law Insider & Alert / July 13, 2023

New Jersey Now Requires Employers to Pay Severance for Mass Layoffs; First State in the Nation To Do So

/ May 24, 2023

Insurance Coverage Exists for Sexual Abuse Claims

Policyholder Alert / May 8, 2023

NEW JERSEY ENACTS THE TEMPORARY WORKERS’ BILL OF RIGHTS, EFFECTIVE AUGUST 5, 2023

Employment Law Insider & Alert / February 16, 2023

NYS Enacts Pay Transparency Law, Effective September 17, 2023

Employment Law Insider & Alert / December 31, 2022

News

Anderson Kill Taps Philly Atty To Co-Chair Employment Group

May 19, 2026

Anderson Kill Names Neil C. Schur Co-chair of the Firm’s Employment and Labor Group

May 19, 2026

Noncompete Bans Put Employers On Notice

December 1, 2023

FTC Proposed Ban on Noncompetes May Face Strong Resistance

January 17, 2023

One Big Change Business Owners are Trying to Figure Out – Small Business Report with Joe Connolly

November 1, 2022

More Employees May Know What Others are Being Paid- Small Business Report with Joe Connolly

October 31, 2022

Courts take note of sex stereotyping in #MeToo era

February 19, 2019

With #MeToo, Companies Must Walk a Fine Line, Can it Be Done?

January 26, 2018

A ‘mushroom cloud of growth’ in wage-and-hour claims

February 4, 2015

People

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Abigail Damsky

Attorney , New York

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Bradley L. Gerstman

Shareholder , New York

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Dona S. Kahn

Of Counsel , New York

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Keith A. Lazere

Shareholder , New York

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Bennett Pine

Of Counsel , New York, Newark

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Neil C. Schur

Shareholder , Philadelphia

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Key Contact(s)
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Dona S. Kahn
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Neil C. Schur
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Training: Sexual Harassment Prevention

Both New York State (Sexual Harassment Prevention Model Policy) and New York City (Stop Sexual Harassment in NYC Act) require employers to hold annual sexual harassment prevention training. Our Employment & Labor attorneys provide in-depth, interactive training for employers of all sizes. Our presentations highlight real-life pitfalls in the work environment, based in part on the firm's decades of experience helping employers navigate Federal, State and local laws, as well as providing counsel on a myriad of "preventative maintenance" issues, such as executive compensation and union relations.
Contact: Dona Kahn at (212) 278-1812 or dkahn@andersonkill.com.

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