main content

Harris Beach PLLC Discover True Engagement image

People

About
  • About Harris Beach
  • Offices
  • Inclusion and Diversity
  • Community and Pro Bono
  • Lateral Opportunities
Careers
  • Careers at Harris Beach
  • Lateral Opportunities

Contact Us

Subsidiaries
  • HB Cornerstone
  • HB Solutions
  • Caetra.io
Industries
Legal Practices
Resources
Automotive and Vehicle Dealerships
Blockchain and Digital Assets
Cannabis
Construction and Surety
Education, K-12
EMS and Fire Protection Providers
Energy
Energy Industry Team
Sectors
Residential Electrical Submetering
Renewable Energy
Financial Institutions and Capital Markets
Food and Beverage
Food and Beverage Industry Team
Sectors
Nutritional Supplements
Health Care
Health Care Industry Team
Sectors
Long-Term Care
Higher Education
Industrial and Consumer Manufacturing
Medical and Life Sciences
Medical and Life Sciences Industry Team
Sectors
Long-Term Care
Nutritional Supplements
Pharmacy Law
Municipalities and Local Agencies
Nanotechnology
Photonics
Racing and Gaming
Real Estate Developers
Real Estate Developers Industry Team
Sectors
Retail Real Estate in New York State
Science and Technology
Telecommunications and Media
Unmanned Aircraft Systems – Drones
Veterinary Medicine
  • Alternative Dispute Resolution
  • Appellate
  • Business and Commercial Litigation
  • Collections
  • Commercial Real Estate
  • Corporate
  • Cybersecurity Protection and Response
  • Diversity Compliance
  • E-Discovery (e-infoâ„ )
  • Employee Benefits
  • Environmental
  • Environmental, Social and Governance (ESG)
  • Financial Restructuring, Bankruptcy and Creditors’ Rights
  • Foreclosure
  • Government Compliance and Investigations
  • Immigration
  • Insurance Coverage
  • Intellectual Property
  • International Trade
  • Internet Commerce
  • Labor and Employment
  • Mass Torts and Industry-Wide Litigation
  • Political Law
  • Product Liability and Comprehensive General Liability
  • Public Finance and Economic Development
  • Residential Real Estate
  • Tax
  • Wills, Trusts and Estates
  • Insights
  • News
  • Events
  • Covid-19 Resources

Labor and Employment

Legal Practice

2023 Best Law Firms - Rochester Tier 1 Labor Law Management
2023 Best Law Firms - Rochester Tier 1 Employment Law Management
  • Notable Labor and Employment Law Developments of 2022
  • FTC Takes Aim at Banning Non-Compete Clauses
  • Harris Beach Files Record Number of H2B Applications
Profile
Services
Experience
People
Make a Payment

Our labor and employment attorneys help our clients navigate the ever-changing and increasingly complex array of laws, regulations, and court decisions that impact our clients’ daily operations. Harris Beach has long represented management in labor and employment disputes, successfully defending employers against employment-related claims and lawsuits. But just as importantly, we also partner with clients to help prevent issues, claims and conflicts: developing sound policy, delivering training, and strengthening positions at the bargaining table. Today, we have one of the largest and most active private and public sector labor practices in New York state, advising on both state and federal laws and mandates. Our cross-functional practice group also draws on experience with COVID-19 issues, cannabis policies, litigation matters, crisis management, workplace safety and immigration counsel for today’s global workforce.

Collective Bargaining and Other Organized Labor Issues

  • Negotiate collective bargaining agreements
  • Negotiate, draft and review individual employment contracts for private and public sector clients
  • Represent employers in arbitration hearings
  • Appear on behalf of employers at all levels of the court system, the National Labor Relations Board and the Public Employment Relations Board

Corporate Sales and Acquisitions

  • Partner with our Corporate Practice Group to address labor and employment issues related to purchasing stocks and assets
  • Counsel on successor employer obligations, planning for severance pay obligations, ERISA issues, pending discrimination claims, unfair labor practice charges and state and federal plant-closing laws

Employee Benefits and Employee Leaves

  • Advise on statutory compliance with ERISA, COBRA and HIPAA related to employee benefits and benefit plans
  • Guide employers dealing with employee leaves under regulations including the Family and Medical Leave Act (FMLA) and its various notice, posting and recordkeeping requirements
  • Help evaluate and process leave requests and defend charges of FMLA discrimination and interference filed with the USDOL or in state and federal court
  • Advise on employee leave issues that arise under the Americans with Disabilities Act and its state law counterparts, state workers’ compensation laws and/or military leave laws

Employers’ Rights and Union Organizing

  • Assist with union prevention training and policy development to support union avoidance efforts
  • Provide representation and counsel to employers whose non-union workforce may be turning to organized labor
  • Counsel with respect to the lawful methods of communicating with employees regarding potential unionization
  • Represent employers in National Labor Relations Board and Public Employee Relations Board proceedings related to union organizing

Employment at Will and Wrongful Discharge Litigation

  • Advise on necessary personnel changes
  • Represent clients when former employees make claims related to their discharge
  • Handle claims arising from non-compete agreements or state or federal whistleblower laws

Employment Counseling and Policy Development

  • Counsel on employee discipline and discharge, workplace investigations and other related issues
  • Assist employers in developing personnel policies
  • Guide process of reductions-in-force to ensure compliance with statutory requirements
  • Help mitigate impact of layoffs on employee relations and company culture
  • Draft policies and procedures governing non-solicitation, leaves of absence, drug testing, background checks, pre-employment testing, harassment, electronic communications and protection of confidential information and trade secrets
  • Facilitate training on implementation of policies and procedures, including COVID-19
  • Counsel on legal compliance with hiring, discipline and termination, employee compensation and benefits issues.
  • Conduct compliance audits

Employment Discrimination Counseling and Defense

  • Represent employers in federal and state courts and administrative agencies in employment discrimination matters regarding claims of discrimination, harassment and retaliation brought under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act and other similar federal and state laws
  • Provide trial and litigation experience in matters, including class action and multi-plaintiff, involving disability, age, gender, sexual harassment, national origin, race and religion
  • Defend employers against discrimination charges brought before the Equal Employment Opportunity Commission, the Office of Federal Contract Compliance Programs, the New York State Division of Human Rights and related state agencies; while guiding employers through internal and external investigations
  • Shape policy development to help prevent and eliminate harassment and discrimination in the workplace
  • Design and deliver managerial and staff non-discrimination and anti-harassment training

Immigration Law

Our attorneys offer legal counsel and assist businesses, employers, organizations, educational institutions, and individual professionals and researchers with immigration matters. These matters include I-9 compliance, general counsel on immigration benefits, filing and processing permanent U.S. residency and temporary visas, including H-1B, L, O, and TN temporary visas, NAFTA applications, transferee and other corporate immigration benefits related to overseas businesses and facilities, and adjustment of status documents.

Public Sector Employment

  • Counsel employers who are subject to the rules and regulations of employing workers in the public sector, including issues arising from the Taylor Law, and the hiring, promotion, discipline, and discharge of employees under the New York Civil Service and Education Laws
  • Represent employers in related administrative proceedings

Unfair Labor Practices/Improper Employer Practices

  • Defend private and public employers against unfair labor/improper employer practice charges
  • Handle appeals in federal and state courts
  • Represent employers filing charges of unfair labor/improper practices against unions

Wage and Hour Counseling and Litigation

  • Counsel employers on federal and state minimum wage and overtime laws, the New York State Labor Law, including general regulations governing employment hours, conditions and pay
  • Represent employers facing charges filed with state and federal Departments of Labor that allege violations of law
  • Defend wage and hour lawsuits, including collective and class actions, involving such issues as overtime, missed/unpaid meal and break periods, prevailing wages, deductions from wages and other recordkeeping issues
  • Conduct compliance audits and assist in determining proper application of requirements such as statutory minimum wage, record-keeping and overtime

Workplace Health and Safety

  • Counsel employers on safety in the workplace, including federal and state Occupational Safety and Health Act issues, on-site workplace inspections, subpoenas and issues involving toxic materials and asbestos
  • Represent clients in court or administrative proceedings before the Occupational Safety and Health Administration (OSHA)
  • Advise employers who receive inquiries under the state’s Right To Know Law
  • Counsel on other workplace health and safety issues, including workplace environmental hazards, violence in the workplace, drug and alcohol issues, cannabis use and communicable illnesses, including COVID-19

Workplace Policies/Training

  • Provide preventive legal advice and training for all levels of management
  • Develop and review employee handbooks, office policies and work rules, including policies for COVID-19 and cannabis use
  • Review personnel procedures for compliance with applicable laws and regulations
  • Execute hands-on training for supervisors

Breach of Employment Contract

  • Represented Defendant in case filed in U.S. District Court for the Southern District of New York where plaintiff alleged breach of employment contract and failure to pay wages in violation of NY Labor Law, and Defendant counter-claimed for $15,000 repayment of bonus. Successfully obtained summary judgment on behalf of Defendant including an award of counterclaim. Case proceeded to appeal and ultimately voluntarily dismissed by Plaintiff.
  • Represented Defendant and one individual Defendant in class action breach of contract claim where plaintiffs alleged that they, and a group of similarly situated former employees, were denied certain retirement insurance and other benefits pursuant to applicable collective bargaining agreements. Successfully defended class certification motion and Plaintiffs agreed to voluntarily dismiss/withdraw claim without settlement.

Civil Rights

  • McMenemy v. City of Rochester (U.S. District Court): Summary judgment and attorneys fees obtained for codefendant in civil rights action.
  • Paynter v. State of New York (N.Y.S. Supreme Court, N.Y.S. Appellate Division, New York State Court of Appeals): Summary judgment obtained on behalf of 23 suburban school districts on civil rights and constitutional claims.

Discrimination: Race, Disability, Age, Sexual Harassment

  • Fullwood v. Sodexo, Inc. & SDH Services West, LLC (U.S. District Court): Summary judgment obtained for employer in a race discrimination and retaliation lawsuit.
  • Barton v. Unity Health System (U.S. District Court and U.S. Court of Appeals for Second Circuit): Summary judgment obtained for employer in race and disability discrimination and retaliation lawsuit. Affirmed on appeal.
  • Rojas v. Diocese of Rochester et al. (U.S. District Court and U.S. Court of Appeals for the Second Circuit): Summary judgment obtained for employer in lengthy sexual harassment and retaliation litigation under federal and state laws
  • Smith v. Cadbury Beverages, Inc. (U.S. District Court and U.S. Court of Appeals, Second Circuit): Summary judgment obtained for employer in race discrimination case.
  • Saglian v. Allstate Insurance Co. (U.S. District Court): Summary judgment obtained for employer in age discrimination case.
  • Hudson v. Western New York BICS Division of TOMRA (U.S. District Court and U.S. Court of Appeals, Second Circuit): Summary judgment obtained for employer in age, race and disability discrimination case.
  • Bennet v. Cinemark (U.S. District Court): Summary judgment obtained for employer in sexual harassment/disability discrimination case.
  • ADA Website Accessibility Cases: Represented hotels, banks, restaurants, retailers, and other entities as Defendants in New York’s federal courts, and successfully resolved cases, where Plaintiff alleged Defendants’ websites failed to comply with the standards required under the Americans with Disabilities Act, the New York Human Rights Law and the New York City Human Rights Law.

Fair Labor Standards Act/NY Labor Law

  • Represented Defendant in case filed in the U.S. District Court for the Southern District of New York for unpaid wages under the Fair Labor Standards Act where Plaintiff alleged she was owed over six figures in unpaid overtime. Successfully obtained summary judgment on Defendant’s behalf under fluctuating workweek theory, and case was dismissed.
  • Represented Defendant in case filed by 12 Plaintiffs in U.S. District Court for the Eastern District of New York seeking unpaid wages and overtime under the Fair Labor Standards Act and New York Labor Law, and alleging other violations of the New York Labor law.
  • Represented two of three Defendants in class action claim by Plaintiff’s alleging failure to pay service charges as gratuities in violation of the New York Labor Law.
  • Levine et al. v Unity Health System et al. (U.S. District Court): Summary judgment obtained for Employer in wage and hour class action lawsuit.

Non Compete/Restrictive Covenants

  • Non compete and other restrictive covenant matters: Successfully represented several employers in court and in pre-litigation demands when enforcing restrictive covenants against former employees. Successfully defended employers against claims of tortious interference with contract when other companies attempted to enforce restrictive covenant against newly hired employee.
  • Multi-state employee agreements, including restrictive covenant agreements: Assisted multi-state employers with drafting employment and restrictive covenant agreements for use across several states.

Title VII and the NY Human Rights Law

  • Represented Defendant and one individual Defendant in case filed in U.S. District Court for the Western District of New York where plaintiff alleged gender, national origin and race discrimination and retaliation in violation of Title VII and the NY Human Rights Law. Successfully obtained summary judgment on behalf of all defendants, and case was dismissed.
  • Represented Defendant in case filed in U.S. District Court for the Western District of New York where plaintiff alleged Town unlawfully retaliated against him in violation of Title VII, the NY Human Rights law, and 42 USC Section 1983. Successfully obtained summary judgment on behalf of Defendant, and case was dismissed.
  • Represented Defendant in case filed in U.S. District Court for the Western District of New York where plaintiff alleged hostile work environment and retaliation in violation of Title VII and the NY Human Rights Law. Plaintiff agreed to voluntarily dismiss/withdraw claim with prejudice, and without settlement.
  • Represented Defendant and one individual Defendant in case where plaintiff alleged pregnancy discrimination and retaliation in violation of the NY Human Rights Law. Successfully obtained summary judgment on behalf of all Defendants, and case was dismissed.

Worker’s Comp Retaliation

  • Workers’ Comp Retaliation Claims: Successfully represented employers against claims filed by former employees alleging wrongful termination in retaliation for filing NY workers’ compensation claims.

Wrongful Discharge

  • Represented Defendant District in case where plaintiff claimed wrongful discharge in violation of NY Labor Law Section 740 and NY Civil Rights Law 44-a. Successfully obtained summary judgment on behalf of Defendant, and case was dismissed.

Practice Leader(s)

Daniel Moore

Daniel J. Moore

Member

People

Jared E. Calderon

Associate
Steven Carling

Steven G. Carling

Senior Counsel
Roy Galewski

Roy R. Galewski

Member
Douglas Gerhardt

Douglas E. Gerhardt

Member
Howard Goldsmith

Howard J. Goldsmith

Member
Amanda E. Jackson

Amanda E. Jackson

Senior Counsel
Tracie Lopardi

Tracie L. Lopardi

Member
Andrew Mark

Andrew R. Mark

Associate

Anne M. McGinnis, Ph.D.

Member

Thomas M. McNally

Member
Daniel Palermo

Daniel J. Palermo

Associate
Scott Piper

Scott D. Piper

Member
Laura Purcell

Laura M. Purcell

Member
Thomas Smith

Thomas P. Smith

Senior Counsel
James Spitz

James A. Spitz

Chairman Emeritus
Joshua Steele

Joshua D. Steele

Member
Ibrahim Tariq

Ibrahim Tariq

Associate
Brendan Venter

Brendan J. Venter

Member
Taylor Ventre

Taylor C. Ventre

Associate
Sara Visingard

Sara E. Visingard

Member
Jeffrey Weiss

Jeffrey J. Weiss

Member
All Insights, All Publications, Legal Alert |
 January 9, 2023
FTC Takes Aim at Banning Non-Compete Clauses
The FTC released a proposed rule aimed at prohibiting employers from utilizing non-compete clauses in employment agreements....read more
All Insights, All Publications, Legal Alert |
 January 3, 2023
Notable Labor and Employment Law Developments of 2022
The year-end provides an opportune time to review some of the notable developments in the world of labor and employment law...read more
All Insights, All Publications, Legal Alert |
 January 3, 2023
New York Commissioner of Education Reminds School Districts that Tenure Appointments, Seniority Lists and Resolutions Making Appointments Must be Legally Compliant
Commissioner of Education provides a reminder that tenured teachers and seniority rights are governed by state law and regulation ...read more
All Insights, All Publications, Legal Alert |
 December 22, 2022
New York Enacts Statewide Pay Transparency Law
Private-sector employers in NYS will need to post pay range for any job opening, promotion or transfer opportunity the employer advertises....read more
All Insights, All Publications, Legal Alert |
 December 21, 2022
Employers Must Maintain Digital Copies of Workplace Postings
A new bill signed by NY Governor Kathy Hochul requires employers to make mandatory workplace postings available electronically....read more
All Insights, All Publications, Legal Alert |
 December 21, 2022
The NLRB Ends 2022 with Significant Decisions
Two late-year decisions from the NLRB have the potential to significantly impact private sector employers....read more
All Insights, All Publications, Legal Alert |
 December 16, 2022
New Requirements for New York Businesses Employing Nursing Mothers
New York employers must re-evaluate their obligations to nursing mothers in the workplace under an amendment to the state Labor Law...read more
All Insights, All Blogs, Immigration Blog |
 December 9, 2022
Immigration Webinars Address Labor For Seasonal Businesses
Harris Beach immigration attorneys will discuss “I-9 Compliance: What Every Seasonal Business Needs to Know,” and “H-2B: Navigating the Maze...read more
All Insights, All Publications, Legal Alert |
 December 1, 2022
New York Law to Clarify Employees Can’t be Punished for Lawful Absences
Governor Kathy Hochul signed an amendment to the Labor Law which prohibits employers from issuing “points” against employees who are absent ...read more

Need More Information?

Harris Beach PLLC, Attorneys at Law, Discover True Engagement

Contact us

  • Privacy Policy
  • Legal Disclaimer
  • Site Map

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2023 Harris Beach PLLC

Twitter Facebook Linkedin Instagram
Make a Payment
MAke a Payment
TRUSTe
Harris Beach PLLC Discover True Engagement image
2023 Best Law Firms - Rochester Tier 1 Labor Law Management
2023 Best Law Firms - Rochester Tier 1 Employment Law Management

Labor and Employment

Legal Practice

■ Profile

Our labor and employment attorneys help our clients navigate the ever-changing and increasingly complex array of laws, regulations, and court decisions that impact our clients’ daily operations. Harris Beach has long represented management in labor and employment disputes, successfully defending employers against employment-related claims and lawsuits. But just as importantly, we also partner with clients to help prevent issues, claims and conflicts: developing sound policy, delivering training, and strengthening positions at the bargaining table. Today, we have one of the largest and most active private and public sector labor practices in New York state, advising on both state and federal laws and mandates. Our cross-functional practice group also draws on experience with COVID-19 issues, cannabis policies, litigation matters, crisis management, workplace safety and immigration counsel for today’s global workforce.

■ Services

Collective Bargaining and Other Organized Labor Issues

  • Negotiate collective bargaining agreements
  • Negotiate, draft and review individual employment contracts for private and public sector clients
  • Represent employers in arbitration hearings
  • Appear on behalf of employers at all levels of the court system, the National Labor Relations Board and the Public Employment Relations Board

Corporate Sales and Acquisitions

  • Partner with our Corporate Practice Group to address labor and employment issues related to purchasing stocks and assets
  • Counsel on successor employer obligations, planning for severance pay obligations, ERISA issues, pending discrimination claims, unfair labor practice charges and state and federal plant-closing laws

Employee Benefits and Employee Leaves

  • Advise on statutory compliance with ERISA, COBRA and HIPAA related to employee benefits and benefit plans
  • Guide employers dealing with employee leaves under regulations including the Family and Medical Leave Act (FMLA) and its various notice, posting and recordkeeping requirements
  • Help evaluate and process leave requests and defend charges of FMLA discrimination and interference filed with the USDOL or in state and federal court
  • Advise on employee leave issues that arise under the Americans with Disabilities Act and its state law counterparts, state workers’ compensation laws and/or military leave laws

Employers’ Rights and Union Organizing

  • Assist with union prevention training and policy development to support union avoidance efforts
  • Provide representation and counsel to employers whose non-union workforce may be turning to organized labor
  • Counsel with respect to the lawful methods of communicating with employees regarding potential unionization
  • Represent employers in National Labor Relations Board and Public Employee Relations Board proceedings related to union organizing

Employment at Will and Wrongful Discharge Litigation

  • Advise on necessary personnel changes
  • Represent clients when former employees make claims related to their discharge
  • Handle claims arising from non-compete agreements or state or federal whistleblower laws

Employment Counseling and Policy Development

  • Counsel on employee discipline and discharge, workplace investigations and other related issues
  • Assist employers in developing personnel policies
  • Guide process of reductions-in-force to ensure compliance with statutory requirements
  • Help mitigate impact of layoffs on employee relations and company culture
  • Draft policies and procedures governing non-solicitation, leaves of absence, drug testing, background checks, pre-employment testing, harassment, electronic communications and protection of confidential information and trade secrets
  • Facilitate training on implementation of policies and procedures, including COVID-19
  • Counsel on legal compliance with hiring, discipline and termination, employee compensation and benefits issues.
  • Conduct compliance audits

Employment Discrimination Counseling and Defense

  • Represent employers in federal and state courts and administrative agencies in employment discrimination matters regarding claims of discrimination, harassment and retaliation brought under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act and other similar federal and state laws
  • Provide trial and litigation experience in matters, including class action and multi-plaintiff, involving disability, age, gender, sexual harassment, national origin, race and religion
  • Defend employers against discrimination charges brought before the Equal Employment Opportunity Commission, the Office of Federal Contract Compliance Programs, the New York State Division of Human Rights and related state agencies; while guiding employers through internal and external investigations
  • Shape policy development to help prevent and eliminate harassment and discrimination in the workplace
  • Design and deliver managerial and staff non-discrimination and anti-harassment training

Immigration Law

Our attorneys offer legal counsel and assist businesses, employers, organizations, educational institutions, and individual professionals and researchers with immigration matters. These matters include I-9 compliance, general counsel on immigration benefits, filing and processing permanent U.S. residency and temporary visas, including H-1B, L, O, and TN temporary visas, NAFTA applications, transferee and other corporate immigration benefits related to overseas businesses and facilities, and adjustment of status documents.

Public Sector Employment

  • Counsel employers who are subject to the rules and regulations of employing workers in the public sector, including issues arising from the Taylor Law, and the hiring, promotion, discipline, and discharge of employees under the New York Civil Service and Education Laws
  • Represent employers in related administrative proceedings

Unfair Labor Practices/Improper Employer Practices

  • Defend private and public employers against unfair labor/improper employer practice charges
  • Handle appeals in federal and state courts
  • Represent employers filing charges of unfair labor/improper practices against unions

Wage and Hour Counseling and Litigation

  • Counsel employers on federal and state minimum wage and overtime laws, the New York State Labor Law, including general regulations governing employment hours, conditions and pay
  • Represent employers facing charges filed with state and federal Departments of Labor that allege violations of law
  • Defend wage and hour lawsuits, including collective and class actions, involving such issues as overtime, missed/unpaid meal and break periods, prevailing wages, deductions from wages and other recordkeeping issues
  • Conduct compliance audits and assist in determining proper application of requirements such as statutory minimum wage, record-keeping and overtime

Workplace Health and Safety

  • Counsel employers on safety in the workplace, including federal and state Occupational Safety and Health Act issues, on-site workplace inspections, subpoenas and issues involving toxic materials and asbestos
  • Represent clients in court or administrative proceedings before the Occupational Safety and Health Administration (OSHA)
  • Advise employers who receive inquiries under the state’s Right To Know Law
  • Counsel on other workplace health and safety issues, including workplace environmental hazards, violence in the workplace, drug and alcohol issues, cannabis use and communicable illnesses, including COVID-19

Workplace Policies/Training

  • Provide preventive legal advice and training for all levels of management
  • Develop and review employee handbooks, office policies and work rules, including policies for COVID-19 and cannabis use
  • Review personnel procedures for compliance with applicable laws and regulations
  • Execute hands-on training for supervisors

■ Experience

Breach of Employment Contract

  • Represented Defendant in case filed in U.S. District Court for the Southern District of New York where plaintiff alleged breach of employment contract and failure to pay wages in violation of NY Labor Law, and Defendant counter-claimed for $15,000 repayment of bonus. Successfully obtained summary judgment on behalf of Defendant including an award of counterclaim. Case proceeded to appeal and ultimately voluntarily dismissed by Plaintiff.
  • Represented Defendant and one individual Defendant in class action breach of contract claim where plaintiffs alleged that they, and a group of similarly situated former employees, were denied certain retirement insurance and other benefits pursuant to applicable collective bargaining agreements. Successfully defended class certification motion and Plaintiffs agreed to voluntarily dismiss/withdraw claim without settlement.

Civil Rights

  • McMenemy v. City of Rochester (U.S. District Court): Summary judgment and attorneys fees obtained for codefendant in civil rights action.
  • Paynter v. State of New York (N.Y.S. Supreme Court, N.Y.S. Appellate Division, New York State Court of Appeals): Summary judgment obtained on behalf of 23 suburban school districts on civil rights and constitutional claims.

Discrimination: Race, Disability, Age, Sexual Harassment

  • Fullwood v. Sodexo, Inc. & SDH Services West, LLC (U.S. District Court): Summary judgment obtained for employer in a race discrimination and retaliation lawsuit.
  • Barton v. Unity Health System (U.S. District Court and U.S. Court of Appeals for Second Circuit): Summary judgment obtained for employer in race and disability discrimination and retaliation lawsuit. Affirmed on appeal.
  • Rojas v. Diocese of Rochester et al. (U.S. District Court and U.S. Court of Appeals for the Second Circuit): Summary judgment obtained for employer in lengthy sexual harassment and retaliation litigation under federal and state laws
  • Smith v. Cadbury Beverages, Inc. (U.S. District Court and U.S. Court of Appeals, Second Circuit): Summary judgment obtained for employer in race discrimination case.
  • Saglian v. Allstate Insurance Co. (U.S. District Court): Summary judgment obtained for employer in age discrimination case.
  • Hudson v. Western New York BICS Division of TOMRA (U.S. District Court and U.S. Court of Appeals, Second Circuit): Summary judgment obtained for employer in age, race and disability discrimination case.
  • Bennet v. Cinemark (U.S. District Court): Summary judgment obtained for employer in sexual harassment/disability discrimination case.
  • ADA Website Accessibility Cases: Represented hotels, banks, restaurants, retailers, and other entities as Defendants in New York’s federal courts, and successfully resolved cases, where Plaintiff alleged Defendants’ websites failed to comply with the standards required under the Americans with Disabilities Act, the New York Human Rights Law and the New York City Human Rights Law.

Fair Labor Standards Act/NY Labor Law

  • Represented Defendant in case filed in the U.S. District Court for the Southern District of New York for unpaid wages under the Fair Labor Standards Act where Plaintiff alleged she was owed over six figures in unpaid overtime. Successfully obtained summary judgment on Defendant’s behalf under fluctuating workweek theory, and case was dismissed.
  • Represented Defendant in case filed by 12 Plaintiffs in U.S. District Court for the Eastern District of New York seeking unpaid wages and overtime under the Fair Labor Standards Act and New York Labor Law, and alleging other violations of the New York Labor law.
  • Represented two of three Defendants in class action claim by Plaintiff’s alleging failure to pay service charges as gratuities in violation of the New York Labor Law.
  • Levine et al. v Unity Health System et al. (U.S. District Court): Summary judgment obtained for Employer in wage and hour class action lawsuit.

Non Compete/Restrictive Covenants

  • Non compete and other restrictive covenant matters: Successfully represented several employers in court and in pre-litigation demands when enforcing restrictive covenants against former employees. Successfully defended employers against claims of tortious interference with contract when other companies attempted to enforce restrictive covenant against newly hired employee.
  • Multi-state employee agreements, including restrictive covenant agreements: Assisted multi-state employers with drafting employment and restrictive covenant agreements for use across several states.

Title VII and the NY Human Rights Law

  • Represented Defendant and one individual Defendant in case filed in U.S. District Court for the Western District of New York where plaintiff alleged gender, national origin and race discrimination and retaliation in violation of Title VII and the NY Human Rights Law. Successfully obtained summary judgment on behalf of all defendants, and case was dismissed.
  • Represented Defendant in case filed in U.S. District Court for the Western District of New York where plaintiff alleged Town unlawfully retaliated against him in violation of Title VII, the NY Human Rights law, and 42 USC Section 1983. Successfully obtained summary judgment on behalf of Defendant, and case was dismissed.
  • Represented Defendant in case filed in U.S. District Court for the Western District of New York where plaintiff alleged hostile work environment and retaliation in violation of Title VII and the NY Human Rights Law. Plaintiff agreed to voluntarily dismiss/withdraw claim with prejudice, and without settlement.
  • Represented Defendant and one individual Defendant in case where plaintiff alleged pregnancy discrimination and retaliation in violation of the NY Human Rights Law. Successfully obtained summary judgment on behalf of all Defendants, and case was dismissed.

Worker’s Comp Retaliation

  • Workers’ Comp Retaliation Claims: Successfully represented employers against claims filed by former employees alleging wrongful termination in retaliation for filing NY workers’ compensation claims.

Wrongful Discharge

  • Represented Defendant District in case where plaintiff claimed wrongful discharge in violation of NY Labor Law Section 740 and NY Civil Rights Law 44-a. Successfully obtained summary judgment on behalf of Defendant, and case was dismissed.

■ People

Team Leaders

Daniel J. Moore

Member
(585) 419-8626
dmoore@harrisbeach.com

Team

Jared E. Calderon

Associate
(585) 419-8725
jcalderon@harrisbeach.com

Steven G. Carling

Senior Counsel
(585) 419-8686
scarling@harrisbeach.com

Roy R. Galewski

Member
(585) 419-8661
rgalewski@harrisbeach.com

Douglas E. Gerhardt

Member
(518) 701-2738
dgerhardt@harrisbeach.com

Howard J. Goldsmith

Member
(518) 701-2736
hgoldsmith@harrisbeach.com

Amanda E. Jackson

Senior Counsel
(518) 701-2888
ajackson@harrisbeach.com

Tracie L. Lopardi

Member
(716) 200-5128
tlopardi@harrisbeach.com

Andrew R. Mark

Associate
(716) 200-5263
amark@harrisbeach.com

Anne M. McGinnis, Ph.D.

Member
(585) 419-8613
amcginnis@harrisbeach.com

Thomas M. McNally

Member
(516) 880-8381
tmcnally@harrisbeach.com

Daniel J. Moore

Member
(585) 419-8626
dmoore@harrisbeach.com

Daniel J. Palermo

Associate
(585) 419-8946
dpalermo@harrisbeach.com

Scott D. Piper

Member
(585) 419-8621
spiper@harrisbeach.com

Laura M. Purcell

Member
585) 419-8730
lpurcell@harrisbeach.com

Thomas P. Smith

Senior Counsel
(607) 330-7725
tpsmith@harrisbeach.com

James A. Spitz

Chairman Emeritus
(585) 419-8640
jspitz@harrisbeach.com

Joshua D. Steele

Member
(585) 419-8846
jsteele@harrisbeach.com

Ibrahim Tariq

Associate
(585) 419-8556
itariq@harrisbeach.com

Brendan J. Venter

Member
(518) 701-2773
bventer@harrisbeach.com

Taylor C. Ventre

Associate
(585) 419-8656
tventre@harrisbeach.com

Sara E. Visingard

Member
(585) 419-8748
svisingard@harrisbeach.com

Jeffrey J. Weiss

Member
(716) 200-5141
jweiss@harrisbeach.com

Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, as well as nationally and internationally. Harris Beach is among the country’s top law firms as ranked by The National Law Journal and is among the BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. Our clients include Fortune 100 corporations, privately-held companies, emerging businesses, public sector entities, not-for-profit organizations and individuals. Principal industries we represent include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.

Industry Teams
Automotive and Vehicle Dealerships
Blockchain and Digital Assets 
Cannabis
Construction and Surety
Educational Institutions Higher Ed
Educational Institutions K-12
EMS and Fire Protection Providers
Energy
Financial Institutions and Capital Markets
Food and Beverage
Health Care
Industrial and Consumer Manufacturing
Medical and Life Sciences
Municipalities and Local Agencies
Nanotechnology
Photonics
Racing and Gaming
Real Estate Developers
Science and Technology
Telecommunications and Media
Unmanned Aircraft Systems
USA Collegiate Sports
Veterinary Medicine

Practices
Alternative Dispute Resolution
Appellate
Business and Commercial Litigation
Collection Law
Commercial Real Estate
Corporate
Cybersecurity Protection and Response
Diversity Compliance
E-Discovery (e-infoSM)
Employee Benefits
Employment Litigation
Environmental Law
Environmental, Social and Governance (ESG)
Financial Restructuring, Bankruptcy and Creditors’ Rights
Government Compliance and Investigations
Health Law
Immigration Law
Insurance Coverage
Intellectual Property Law
International Trade Law
Internet Law
Labor and Employment Law
Mass Torts and Industry-Wide Litigation
New Markets Tax Credit
Patent, Trademark and Copyright Law
Product Liability and Comprehensive General Liability
Public Finance and Economic Development
Real Property Valuation Litigation
Residential Real Estate
Tax Law
White Collar Crime
Wills, Trusts and Estates

Consulting Services
HB Solutions LLC
Collegiate Sports Compliance
Data Privacy and Cybersecurity
Economic Development and Public Affairs
Educational Institution Assistance
EMRG® (E-Discovery Management Resources Group)
Energy
Health and Human Services
Human Resources
Information Technology
Marketing and Communication Services
Municipal and Local Agency Assistance

HB Cornerstone LLC
Owner Representation
Design Services
Facilities Consulting
Move Management

Caetra.io
CyMetric (Cybersecurity Regulation Compliance Software)

Offices throughout New York:

Albany
677 Broadway
Albany, NY 12207
518-427-9700

Buffalo
726 Exchange Street
Buffalo, NY 14210
716-200-5050

Ithaca
119 East Seneca Street
Ithaca, NY 14850
607-273-6444

Long Island
333 Earle Ovington Boulevard
Uniondale, NY 11553
516-880-8484

New York City
100 Wall Street
New York, NY 10005
212-687-0100

Rochester
99 Garnsey Road
Pittsford, NY 14534
585-419-8800

Saratoga Springs
513 Broadway
Saratoga Springs, NY 12866
518-587-0551

Syracuse
333 West Washington Street
Syracuse, NY 13202
315-423-7100

White Plains
445 Hamilton Avenue
White Plains, NY 10601
914-683-1200

Offices also in:

New Haven, CT
195 Church Street
New Haven, CT 06510
203-784-3159

Newark, NJ
One Gateway Center
Newark, NJ 07102
973-848-1244

Washington, DC
800-685-1429

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2022 Harris Beach PLLC

Content current as of February 3, 2023 7:42 am
Cookies
This website uses cookies as specified in our privacy policy. You consent to the use of cookies by clicking accept or by using our site. We do not sell your personal information.
.
Cookie settingsACCEPT
Manage cookies

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
cookielawinfo-checbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT