Labor, Employment Law & Counseling
HNRK’s Labor, Employment Law & Counseling practice is unique in that its labor and employment attorneys have private firm, government, and in-house experience in addition to significant expertise in trial litigation, arbitration, administrative agency, negotiation, and client counseling. HNRK stands ready to further clients’ interests, whether they are startups or large multinationals, public sector or private, international or domestic. HNRK represents management clients in such employment litigation as discrimination, harassment, retaliation, or illegal pay practices; prosecuting or defending claims arising from restrictive covenants; and other employment-related agreements.
HNRK has the knowledge and foresight to guide clients in developing effective business conduct policies and procedures to comply with labor and employment laws and to preempt potential employment litigation exposure. Clients regularly seek our counsel on employment-related issues, including not only separations, hiring, and discipline, but leaves of absence and employee relations matters. Clients also have access to a range of HNRK’s on-site client training programs, including harassment, discrimination, and workforce audits.
Mitchell v. Metropolitan Transportation Authority Capital Construction Corporation (S.D.N.Y.) – Won dismissal on summary judgment of race discrimination and retaliation claims brought by two separate plaintiffs against two separate defendants. Notably, the Court rejected a retaliation claim based on an employer’s tolerance of an employee’s employee performance prior to termination, because “nearly all sub-standard employee performance is tolerated for some time by the employer before it results in a discharge.” This common-sense approach to the modern workplace will likely be cited frequently in future defense briefs and judicial opinions.
- U.S. v. Triborough Bridge and Tunnel Authority (E.D.N.Y.) – Successfully negotiated a settlement agreement for the Triborough Bridge and Tunnel Authority (TBTA) resolving a long-standing dispute with the U.S. Department of Justice and the EEOC over claims that TBTA had engaged in a pattern or practice of discriminating against pregnant Bridge and Tunnel Officers by allegedly removing them from patrol duty after TBTA’s company physician learned they were pregnant. HNRK is currently representing TBTA with respect to compliance with the terms of the settlement.
- Hockenjos v. Metro-North Railroad (S.D.N.Y., 2d Cir.) – Won dismissal on summary judgment (upheld on appeal) of a claim brought by a dismissed capital planning engineer claiming his dismissal was in violation of his FMLA rights, his right to a reasonable accommodation, and his rights under whistleblower laws.
- Vangas v. Montefiore Medical Center (2d Cir.) – Won a reversal of a lower court judgment affirming a jury verdict for the plaintiff on a claim brought under the ADA, COBRA, and the New York State and City Human rights laws.
- Gaujacq v. Electricite de France International (D.C. Cir.) – Won an appeal in the D.C. Circuit affirming summary judgment for the defendant employer, a major French utility, dismissing a sex discrimination and retaliation suit brought by the former head of its Washington, D.C. representative office.
- Crockett v. Pataki (2d Cir.) – Won an appeal affirming summary judgment dismissing discrimination claims against the governor and Division of Housing and Community Renewal (DHCR) officials by a former agency executive.
- Gallegos v. Elite Model Management Corp. (1st Dep’t.) – Won an appeal in the First Department, vacating a $4.3 million jury award for pain and suffering in favor of a former employee of a modeling agency who had obtained the verdict for wrongful termination and personal injury due to alleged exposure to second-hand smoke.
- Henderson v. New York City Transit Authority (S.D.N.Y.) – Obtained favorable settlement in case brought by a staff attorney in NYCTA’s Law Department under Title VII, the ADEA, and 42 USC §1983, complaining of a failure to promote and other discriminatory treatment on account of her gender, age, and race.
News & Insights
News & Insights
- Randi May is Quoted in Law360 on the Supreme Court’s Oral Arguments in Mount Lemmon Fire District v. John Guido.10.01.2018Media Mention
- New York Law Journal, 08.16.2018Publication
- Damian Cavaleri and John Curley Named to Euromoney Legal Media Group's Inaugural Rising Stars Shortlist08.13.2018News
- HNRK Obtains Summary Judgment on Discrimination and Retaliation Claims in a Significant Win for Employers07.17.2018News
- Profiles in Diversity Journal Names Helene Hechtkopf and Ilene Jaroslaw to 2018 Women Worth Watching List06.20.2018News
- Courthouse News, 05.21.2018Media Mention
- Richard Reice Quoted in Automotive News Article "Service Advisers Not Entitled To Overtime Pay, U.S. Supreme Court Rules"Automotive News, 04.04.2018Media Mention
- Richard Reice Quoted in Society for Human Resource Management Article “Supreme Court Jettisons Narrow Interpretation of Overtime Exemptions”Society for Human Resource Management, 04.02.2018Media Mention
- Bloomberg Law Insights, 02.12.2018Publication
- Damian Cavaleri Interviewed In Corporate Counsel on the "Petition to Look at Former CBS Lawyer Underscores Ethical Risks of Social Media"Corporate Counsel, 10.16.2017Media Mention
- GlobeSt.com, 09.17.2017Media Mention
- Law360, 08.21.2017Publication
- HNRK Secures Win for the Metropolitan Transportation Authority in Suit Under the Federal Employers Liability Act08.11.2017News
- Chain Storage, 09.29.2016Publication
- HNRK Received Two Corporate LiveWire Global Awards for 2016 in Compliance Law and Employment & Labour Law09.11.2016News
- Financial Times, 01.24.2016Media Mention
- Non-Compete Blog, 08.30.2018
- Non-Compete Blog, 02.26.2018
- Non-Compete Blog, 01.02.2018
- Non-Compete Blog, 05.30.2017
- Non-Compete Blog, 03.24.2017