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Employer Defense Litigation

Defending businesses against wage-and-hour lawsuits, discrimination and harassment claims, retaliation claims and government investigations.

Receiving a lawsuit or agency charge from a current or former employee is stressful, especially for a small business owner who believed they treated their staff fairly. We defend employers in federal and state court, in arbitration, and before government agencies, with a focus on protecting the business and resolving the matter on the best available terms.

Claims we defend

  • Wage-and-hour claims. Unpaid overtime, minimum wage, spread-of-hours, tip credit and tip pooling, and wage notice violations under federal law and the New York Labor Law, including collective and class actions. New York allows employees to reach back six years and to claim liquidated damages, so exposure can grow quickly.
  • Discrimination and harassment. Claims under federal law and the New York State and City Human Rights Laws, which apply to employers of every size and are interpreted broadly.
  • Retaliation and whistleblower claims. Allegations that an employee was punished for complaining or reporting.
  • Wrongful termination and contract claims. Disputes over severance, commissions, bonuses and employment agreements.
  • Agency proceedings. Charges before the EEOC, the New York State Division of Human Rights and the NYC Commission on Human Rights, and investigations by the U.S. and New York State Departments of Labor.

How we defend you

  • Immediate steps. Preserving payroll records, time sheets and communications, and making sure no one retaliates against the employee while the claim is pending.
  • Honest exposure analysis. We rebuild the numbers from your records so you know what is really at stake.
  • Aggressive where it counts. We challenge weak claims, inflated damages and improper class allegations.
  • Efficient resolution. When settlement makes business sense, we negotiate agreements with proper releases and court approval where required.

After the case, we help you fix the underlying issue so it does not happen again. See Employment Compliance.

Related services

Discuss your matter with our team.

Tell us what you are facing and we will get back to you promptly.