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Employment and Labor

Overview

Anderson Kill attorneys counsel and represent management 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 goals while minimizing the risk of expensive, high-exposure employment-related litigation; and Second, when litigation does ensue, is to provide cost-effective, aggressive, and result-oriented representation.

Advice and Counsel

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

  • The Hiring Process
  • Plant Relocations, Facility Closings and WARN Act
  • Executive Compensation and Employment Agreements
  • Employee Discipline and Discharge
  • Separation and Release Agreements
  • Organizational Restructuring and Reductions in Force
  • Employment-at-Will
  • Employment Handbook and Policies
  • Employment Discrimination, Equal Opportunity, and Affirmative Action
  • Sexual Harassment
  • Employee Privacy and Internet Policies
  • Drug and Alcohol Testing and Related Issues
  • Wage and Hour Law
  • Union Relations and Collective Bargaining
  • Arbitration and Mediation
  • Confidentiality Agreements and Restrictive Covenants
  • Employee Pensions and Benefits

Litigation

Anderson Kill provides cost-effective, aggressive, and result-oriented representation backed by a wealth of experience. Our attorneys have significant experience in the entire range of employment and labor litigation matters, including substantial jury trial backgrounds. Some of our more frequent representations involve the defense of 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. We are experienced in major class actions arising under various employment discrimination laws, including all aspects of complex discovery proceedings, the use of statistical proof, and the retention, preparation, and cross-examination of statisticians, labor economists, and other experts.

Anderson Kill also represents employers in issues with former employees related to confidentiality and agreements not to compete, the whole range of employment-at-will issues, 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. The firm’s attorneys are also well versed in the intricacies of the Fair Labor Standards Act and parallel state statutory wage and hour laws. Our firm has negotiated settlements of alleged minimum wage, overtime pay, and child labor violations, and when favorable settlements have not been forthcoming have gone on to litigate such disputes in federal and state courts. We have also represented employers in arbitration, mediation, and other forms of alternate dispute resolution.

Finally, 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.

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
  • March 16, 2022
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ANDERSON KILL PRESENTS “EPLI COVERAGE FOR CLAIMS STEMMING FROM THE CORONAVIRUS”
  • John M. Leonard
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  • February 17, 2022
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“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
  • Joshua Gold Bennett Pine
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  • November 23, 2020
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  • Live Webinar
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Current Issues in Employment Law
  • Dona S. Kahn Bennett Pine
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  • August 20, 2020
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  • Live Webinar
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HR In The Age of #MeToo
  • Dona S. Kahn
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  • January 9, 2019
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  • New York, NY
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#YOUTOO? – What To Do? How Employers Can Prevent and Defend Sexual Harassment Claims After #METOO
  • Carrie Maylor DiCanio Mark Garbowski Dona S. Kahn
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  • May 2, 2018
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  • New York, NY
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Negotiation, Mediation and Arbitration (including Overseas Arbitration) of EPL Claims: Strategies and Techniques for Engaging in Successful Alternative Dispute Resolution
  • Joshua Gold
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  • June 24, 2014
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  • Chicago, IL
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Publications

FTC Bans Noncompetes Nationwide in Most Instances
  • Anderson Kill Employment Law Insider Alert
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Employers, Take Note: New York Law Will Prohibit Access to Employees’ Private Social Media Accounts
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FEDERAL PREGNANT WORKERS FAIRNESS ACT GOES INTO EFFECT
  • Employment Law Insider & Alert
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New Jersey Now Requires Employers to Pay Severance for Mass Layoffs; First State in the Nation To Do So
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Insurance Coverage Exists for Sexual Abuse Claims
  • Policyholder Alert
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NEW JERSEY ENACTS THE TEMPORARY WORKERS’ BILL OF RIGHTS, EFFECTIVE AUGUST 5, 2023
  • Employment Law Insider & Alert
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NYS Enacts Pay Transparency Law, Effective September 17, 2023
  • Employment Law Insider & Alert
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News

Noncompete Bans Put Employers On Notice
  • December 1, 2023
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FTC Proposed Ban on Noncompetes May Face Strong Resistance
  • January 17, 2023
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One Big Change Business Owners are Trying to Figure Out – Small Business Report with Joe Connolly
  • November 1, 2022
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More Employees May Know What Others are Being Paid- Small Business Report with Joe Connolly
  • October 31, 2022
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Courts take note of sex stereotyping in #MeToo era
  • February 19, 2019
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With #MeToo, Companies Must Walk a Fine Line, Can it Be Done?
  • January 26, 2018
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A ‘mushroom cloud of growth’ in wage-and-hour claims
  • February 4, 2015
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People

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Dona S. Kahn

Of Counsel , New York

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Bennett Pine

Shareholder , New York, Newark

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Key Contact(s)
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Bennett Pine
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Dona S. Kahn
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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.

© Copyright 2024 by Anderson Kill P.C.