Daniel J. Moore

Member

“I enjoy working with clients at a strategic level on employment matters to help them plan for the many changes that have taken place and that will continue to take place in this field over the coming years.”

Dan represents employers in class action and other complex litigation, including cases under the FLSA, Title VII, ADA, ADEA and the New York Labor and Human Rights Laws. In over twenty years of practice, Dan has obtained summary judgment for clients in numerous civil rights, wage and hour and employment cases and numerous dismissals of administrative charges in both the New York State Division of Human Rights and the Equal Employment Opportunity Commission. He counsels small and large businesses on all facets of employment law including litigation avoidance topics, Department of Labor audits, employment contracts, wage and hour issues, and non-competition agreements.

Knowledgeable in Native American law, Dan represents municipalities in Indian Land Claim Litigation. He has counseled to municipal clients regarding such claims as well as in commenting on legislation affecting the rights of Native Americans.

RECENT PUBLICATIONS + SPEAKING ENGAGEMENTS

Dan frequently speaks on employment related topics for employers.

Representative Matters

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): Summary judgment obtained for employer in race and disability discrimination and retaliation lawsuit.
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.
Haygood v. ACM Medical Laboratory Inc. et al. (U.S. District Court and U.S. Court of Appeals for the Second Circuit): Summary Judgment dismissal obtained for employer in race discrimination and retaliation lawsuit under various state and federal laws.
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.
Miletta v. Waste Management of New York, LLC (U.S. District Court and U.S. Court of Appeals, Second Circuit): Summary judgment obtained for employer in disability discrimination case.
McMenemy v. City of Rochester (U.S. District Court): Summary judgment and attorneys fees obtained for codefendant in civil rights action.
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.
Jones v. CooperVision, Inc. (U.S. District Court): Summary judgment obtained for employer in race discrimination case.
Scully v. Samaritan Medical Center (U.S. District Court): Summary judgment obtained for employer in disability discrimination cases.
Cayuga Indian Nation v. Pataki (U.S. District Court and U.S. Court of Appeals, Second Circuit): Lead Harris Beach counsel on team of attorneys defending Counties from Indian Land Claim seeking ejectment of current landowners and $1.7 billion in damages. Action was dismissed in favor of counties after 25 years of litigation.
Bennet v. Cinemark (U.S. District Court): Summary judgment obtained for employer in sexual harassment/disability discrimination case.
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.

Professional and Civic

Friendly Sons and Daughters of St. Patrick of the Finger Lakes Region, founding member
Fairport Little League
St. Anne’s Stewardship Council

Recognition

Best Lawyers, Lawyer of the Year, Litigation – Labor and Employment, 2021
Chambers USA, Band 2, Upstate New York – Labor & Employment, since 2019
Best Lawyers, Employment Law – Management; Labor Law – Management; Litigation – Labor and Employment, since 2011
Best Lawyers, Lawyer of the Year, Employment Law – Management, 2014
Super Lawyers, Labor and Employment Law, 2008-2016, and 2018
One of Dan’s clients, Lowe’s, named Harris Beach a “Go To” law firm for 2014 in labor and employment law, and labor litigation as published by Corporate Counsel magazine.

Legal Practices

Labor and Employment

Industry Teams

Admissions

New York

U.S. Court of Appeals, Second Circuit

U.S. District Court, Michigan - Eastern District

U.S. District Court, New York - Eastern District

U.S. District Court, New York - Northern District

U.S. District Court, New York - Southern District

U.S. District Court, New York - Western District

U.S. Supreme Court

Albany Law School

1988

cum laude

University of Notre Dame

1981

cum laude

March 21, 2022

Update on the NYS HERO Act: COVID-19 Designation Ends

The New York State Commissioner of Health’s designation of COVID-19 under the Health & Essential Rights Act (“HERO Act”) as an “airborne inf

March 18, 2022

Amendments to New York Workplace Anti-Harassment and Anti-Discrimination Laws Add to Employee Protections

Businesses likely recall the 2018 and 2019 updates to the New York Human Rights Law (“HRL”), the State’s primary workplace anti-harassment a

February 9, 2022

New York State Withdraws Mask Mandate for Private Businesses

New York State’s mask mandate on private business will expire on Thursday, February 10th, 2022. The mandate required mask-wearing indoors at

January 14, 2022

U.S. Supreme Court Stays Enforcement of OSHA’s COVID-19 Vaccine-or-Test Mandate, while Upholding Vaccine Mandate for Healthcare Workers

On January 13, 2022, the U.S. Supreme Court issued an opinion in which it ordered a stay on the enforcement of the Occupational Safety and H

December 20, 2021

Sixth Circuit Lifts Stay on OSHA’s Vaccine Mandate for Large Employers

The U.S. Court of Appeals for the Sixth Circuit dissolved an order staying enforcement of the emergency temporary standard (“ETS”) issued by

December 15, 2021

NYS Mask Mandate Effective Dec. 13, 2021: What Businesses Need to Know

New York State Governor Kathy Hochul recently announced that beginning on December 13, 2021, face masks are required to be worn in all “indo

October 31, 2021

NYSDOL Issues Guidance Regarding the Legalization of Cannabis and the Workplace

On October 8, 2021, the New York State Department of Labor (“NYSDOL”) issued “Frequently Asked Questions” (“FAQs”) to address common situati

October 12, 2021

Federal Vaccine Mandate Announced for Large Employers

On Thursday September 9, 2021, the Biden administration announced a COVID vaccine initiative that will require vaccinations or weekly testin

October 12, 2021

New York Employers Must Activate COVID Prevention Plans Under New York HERO Act

On Sunday, September 6, 2021, New York Gov. Kathy Hochul announced the “designation” of COVID-19 as an airborne infectious disease under the

June 23, 2021

New York State Modifies Recently Enacted HERO Act

New York’s recently enacted Health & Essential Rights Act, otherwise called the HERO Act, has been modified. As discussed in our earlier Al

June 10, 2021

New York Updates COVID-19 Guidelines for Businesses

New York has updated its COVID-19 guidelines, but they might not be in effect for long. On June 8, 2021, New York updated the reopening gui

May 21, 2021

New York State Adopts CDC Guidance for Fully Vaccinated Individuals, Offering Employers Option of Easing Pandemic-Related Restrictions

With New York state adopting the CDC’s “Interim Public Health Recommendations for Fully Vaccinated People” on May 19, employers now have the

March 16, 2021

New York Enacts Legislation Requiring Paid Leave for Employees to Receive COVID-19 Vaccine

On March 12, 2021, Governor Cuomo signed a bill that requires New York employers to provide paid leave to employees so they can receive a CO

February 5, 2021

NYS DOL Cancels Unemployment Insurance Charges Until Further Notice

On January 14, 2021, New York State Department of Labor (“DOL”) Commissioner Roberta Reardon signed an Order that temporarily cancels unempl

September 15, 2020

U.S. Department of Labor Issues Revised FFCRA Regulations

On Friday, the U.S. Department of Labor (“DOL”) issued much-anticipated revisions and clarifications to its Families First Coronavirus Respo

August 5, 2020

New York District Court Vacates Portions of FFCRA Regulations

Soon after the U.S. Department of Labor (“DOL”) issued its Families First Coronavirus Response Act (“FFCRA”) regulations in early April 2020

July 22, 2020

U.S. DOL Releases New Optional-Use FMLA Forms; Requests Public Input on Existing FMLA Regulations

On July 16, 2020, the U.S. Department of Labor (“DOL”) released new, streamlined forms that employers may voluntarily use for the administra

July 22, 2020

U.S. DOL Releases New Optional-Use FMLA Forms; Requests Public Input on Existing FMLA Regulations

On July 16, 2020, the U.S. Department of Labor (“DOL”) released new, streamlined forms that employers may voluntarily use for the administra

June 10, 2020

New York State Issues Guidance for Third Phase of COVID-19 Reopening

*Information in this Alert is current as of 4 p.m., June 10, 2020. The alert may be updated as New York clarifies reopening details. New Yo

May 27, 2020

What Businesses Need to Know about Reopening in New York

New York state is getting back to business after more than two months of careful social distancing to limit the spread of COVID-19. With the

May 20, 2020

U.S. Department of Labor Reverses Course, Requires Employers to Determine Whether COVID-19 Cases Were Work-Related

As explained in our previous legal alert, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) announced la

April 15, 2020

U.S. Department of Labor Releases New Guidance on Recordkeeping Obligations for COVID-19

The U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) released new guidance for employers on Friday, April,

January 14, 2020

New York State Issues Guidance for Employers on Salary History Ban

As noted in our previous Legal Alert, New York’s new “salary history ban” law took effect on January 6, 2020. New York State has now issued

September 25, 2019

U.S. Department of Labor Releases Long-Awaited Rule Increasing Salary Threshold for Federal Overtime Exemptions

On September 24, 2019, the United States Department of Labor (“DOL”) released the long-awaited revised rule regarding overtime exemptions un

July 18, 2019

New York State Bans Discrimination Based on “Traits,” Including Hairstyle

Adding to an already busy summer of New York state employment law developments, employers and human resources professionals should take note

July 1, 2019

New York State Lawmakers Overhaul Pay Equity Laws in Final Days of Legislative Session

New York state lawmakers were busy during the final days of the legislative session, introducing and passing several bills as part of an agg

April 26, 2019

Supreme Court to Address Scope of Protections for LGBT Workers Under Title VII

On April 22, 2019, the Supreme Court announced that it would take up three cases that address the scope of “sex discrimination” under Title

March 8, 2019

U.S. Department of Labor Proposes New Overtime Rule

On Thursday March 7, 2019, the United States Department of Labor (“U.S. DOL”) proposed a new “overtime rule,” which would raise the minimum

January 31, 2019

New York Updates Laws to Address Discrimination Based on Gender Identity and Expression

On January 25, 2019, Governor Cuomo signed the Gender Expression Non-Discrimination Act, known as “GENDA.” GENDA explicitly prohibits discr

October 17, 2021

Harris Beach Labor & Employment Team Covers NY HERO Act in Bonadio Construction Newsletter

Labor & Employment attorneys Dan Moore, Dan Palermo and Ibrahim Tariq were including in Bonadio Group’s recent Concrete Advice newsletter. N

October 15, 2021

72 Attorneys from Harris Beach Recognized in 2021 Edition of Super Lawyers

Partners, senior counsel and associates from Harris Beach PLLC offices across New York have been named to the 2021 edition of Super Lawyers,

October 15, 2021

Harris Beach Attorneys Recognized in 2022 Best Lawyers® List; 6 Named as Lawyers of the Year

Attorneys from Harris Beach PLLC have been recognized in The Best Lawyers in America© for 2022 in three categories: Best Lawyer, Lawyers of

August 20, 2020

81 Harris Beach Lawyers Recognized in 2021 Best Lawyers List; 10 Named Lawyers of the Year

Attorneys from Harris Beach PLLC are named as Best Lawyers, Lawyers of the Year and “Ones to Watch” in the 2021 edition of The Best Lawyers

June 16, 2022

2022 Labor & Employment Series – June 16 Webinar Recording

This webinar recording from our June 16 session covers Practical Employee Considerations in Managing Your Workforce.

June 8, 2022

2022 Labor & Employment Series

The Labor and Employment Team at Harris Beach invites you to join us for discussion of critical labor and employment law developments at our

April 11, 2022

Harris Beach 2022 Labor Series

The Labor and Employment Team at Harris Beach invites you to join us for discussion of critical labor and employment law developments at our

November 19, 2021

Harris Beach Labor & Employment Series on NY HERO Act, Vaccination Issues and Wage & Hour Law: Webinar Recording

On September 23, our Labor & Employment attorneys presented a webinar on the topics of:

November 17, 2021

2021 Harris Beach Labor & Employment Series November Session Webinar

Harris Beach will host the November webinar session of the 2021 Labor & Employment Series on Thursday, November 18 from 8:00 – 10:00 a.m.

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Daniel J. Moore

Member

Albany Law School

University of Notre Dame

Daniel J. Moore

■ Areas of Expertise

■ Profile

■ Representative Matters

■ Professional and Civic

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■ Education

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