News

• Laurent Drogin Quoted on Hiring Policies Favoring “Good-Looking” People Based on Recent NBC Lawsuit in the Headlines
  

  TKD Labor & Employment chair Laurent Drogin was quoted in a Society for Human Resource Management (SHRM) online article about a recent lawsuit where a former NBC employee alleges that NBC’s hiring policies favor “good-looking” people.

• Laurent Drogin Quoted on the Implications of New York’s Newly Passed Freelance Isn't Free Act
  

  Labor & Employment chair Laurent Drogin was quoted in an August 4 WorldatWork.com article, "Contract Worker, Freelancer or Employee? New York's Recent Law Adds Confusion.” In the article, Laurent comments on the implications of the Freelance Isn't Free Act (FIFA), which was recently passed in New York, noting that “this law has the potential to be a fiasco…It doesn't define a freelancer in any way to allow an employer to determine if they're classified as an independent contractor or employee."

• 28 Tarter Krinsky & Drogin Lawyers Named to 2017 New York Super Lawyers and Rising Stars Lists
  

  This year, 28 lawyers from Tarter Krinsky & Drogin have been named to the 2017 New York Super Lawyers and Rising Stars lists as top lawyers in the state. The annual Super Lawyers list recognizes the top five percent of lawyers in New York for their professional achievements. Attorneys are selected through a process that includes independent research, peer nominations and peer evaluations.

  Four Tarter Krinsky & Drogin attorneys were ranked on the Rising Stars list, which recognizes the top 2.5 percent of lawyers who either are under the age of 40 or have been in practice for 10 years or less.

• Laurent Drogin Appears on You’re Hired Radio Show to Discuss Salary Secrecy Laws in New York City, Massachusetts and Philadelphia
  

  On April 30, Labor and Employment chair Laurent Drogin was a featured guest on Lorne Epstein’s You’re Hired radio show where he discussed the salary secrecy laws in New York City, Massachusetts and Philadelphia.

• HR.com Features Article by Laurent Drogin on Legislation Prohibiting NYC Employers From Inquiring About Salary History
  

  An article by Labor & Employment chair Laurent Drogin on the New York City Council’s recent legislation to prohibit NYC employers to inquire about applicants’ salary history in an effort to close the “gender gap” on wages was featured on HR.com.

• Laurent Drogin Quoted in Human Resource Executive Article on the National Labor Relations Board Decision in Employee Handbook Case
  

  Commentary by Labor & Employment chair Laurent Drogin was featured in a Human Resource Executive article on the National Labor Relations Board’s ruling on a case centered on the way Verizon Wireless maintained numerous handbook rules that were too restrictive on employee communications and behavior.

• Super Lawyers 2016 Recognizes 25 Tarter Krinsky & Drogin Lawyers
  

  New York Metro Super Lawyers has named 21 Tarter Krinsky & Drogin lawyers in 10 practices to its 2016 list.

• Laurent Drogin Quoted in San Francisco Business Times on New Overtime Rules
  

  Laurent Drogin was quoted in “How Employers Can Deal with Court Decision on New Overtime Rules” published by the San Francisco Business Times.

• Laurent Drogin Quoted in Women’s Wear Daily on Overtime Eligibility
  

  Laurent Drogin was quoted in “Retail Industry Sees New Overtime Rule Upping Costs” for Women’s Wear Daily.

• Doing Business in New York: Key Employment Law Changes in 2016
  

  2016 ushered in a flurry of changes to the employment laws of both New York State and New York City, as legislators in both jurisdictions passed a slew of new laws to better protect employees and, in most cases, place new restrictions and responsibilities on employers.

• Appellate Court Dismisses Employment Discrimination Claim in Unanimous Decision
  

  A unanimous panel of the Appellate Division, First Department, overruled a trial court judge and dismissed race-bsed discriminatory discharge and retaliation claims in favor of our client. Labor and Employment attorneys Richard L. Steer, Laurent S. Drogin and Tara Toevs Carolan represented the employer.

• Tarter Krinsky & Drogin Attorneys Recognized in 2015 New York Super Lawyers
  

  The 2015 New York Super Lawyers recognized 22 of Tarter Krinsky & Drogin’s attorneys.

• Alert: Employers No Longer Required To Give Annual Pay Notices By February 1
  

  On December 29 Governor Cuomo signed a bill amending the New York Wage Theft Prevention Act ("WTPA”). Most significantly, it removes the requirement that employers provide all employees with an annual wage notice by February 1 of each calendar year.

• Alert: Minimum Wage Changes for 2015
  

  New York employers are reminded that the hourly minimum wage and wage credits, as well as the minimum weekly salary required for employees to quality for the professional, executive and administrative exemptions are increasing effective December 31, 2014.

• Alert: A Simple Solution to NYC Earned Sick Time Act Compliance
  

  There has been an important development regarding the NYC Earned Sick Time Act (“ESTA”). This is the law that now requires most employers to provide up to 40 hours of annual paid sick time to their employees.

• Firm Achieves Victory in Restrictive Covenant Case
  

  We successfully defended our client, an insurance brokerage firm, in a restrictive covenant suit against an employee who solicited former clients after leaving the company.

• Firm Successfully Defends Residential Building Owners
  

  We represented the owners of a residential apartment building in a lawsuit brought by the building’s superintendent. 

• Client Prevails In Local 32BJ Election, Impressive Win For Management
  

  Tarter Krinsky & Drogin's client owns and manages a residential apartment building in Brooklyn. Apparently dissatisfied with their existing labor union, the building service employees sought representation from Local 32-BJ, SEIU, AFL-CIO.

Events

• Laurent Drogin and David Kleinmann to Present NYC Association of Corporate Counsel CLE Program on The Nightmare Employee: Understanding, Managing and Successfully Exiting the Problem Employee
  

  On September 12, Labor & Employment co-chair Laurent Drogin and partner David Kleinmann will co-present a breakfast CLE program on "The Nightmare Employee: Understanding, Managing and Successfully Exiting the Problem Employee” for the Association of Corporate Counsel (ACC).

• Laurent Drogin and David Kleinmann to Present NYC Association of Corporate Counsel Program on Proactive Planning and Reactive Responses When Key Employees Join the Competition
  

  On June 15, Labor & Employment co-chair Laurent Drogin and partner David Kleinmann will present a program titled, “Proactive Planning and Reactive Responses When Key Employees Join the Competition” for the Association of Corporate Counsel (ACC)’s New York City Chapter full-day CLE for in-house counsel. Laurent and David’s session will educate New York employers on how they can protect themselves in this era of employee and information mobility by providing proactive strategies and reactive responses to some of the most important issues facing companies today.

• Laurent Drogin and David Kleinmann to Present Association of Corporate Counsel Seminar on Navigating the Employment Law Minefield
  

  On April 20, Labor & Employment co-chair Laurent Drogin and partner David Kleinmann will co-present a breakfast CLE program on “Navigating the Employment Law Minefield: Avoiding Mistakes That Will Keep You Awake” for the Association of Corporate Counsel (ACC). The program will address common employment law mistakes and how to avoid or remedy them. 

• Laurent Drogin and David Kleinmann to Present Employee Mobility and Restrictive Covenants in New York
  

  Laurent Drogin and David Kleinmann will present the Lawline webinar “Employee Mobility and Restrictive Covenants in New York” on February 5, 2015.

• Laurent Drogin Speaks at Hofstra Law Employee Mobility Program on Restrictive Covenants
  

  Partner, Laurent Drogin spoke at the Hofstra Law Employee Mobility CLE program.

• Written Performance Evaluations: Best Practices and Avoiding Legal Pitfalls
  

  This program addressed the problems that can result from an incomplete or inconsistent evaluation, particularly if an evaluation becomes part of the record in an employment dispute.

• Current Labor and Employment Issues Facing Managing Agents
  
• Understanding and Strategic Avoidance of Clients' Wage and Hour Law Exposures
  

  This program is designed for accountants to help them understand key aspects of the wage and hour laws, how to identify their clients’ wage and hour issues, and what to do when these issues arise.

• Laurent Drogin Writes New York Law Journal Op-Ed in Response to Article on the Gig Economy
  

  An op-ed written by Labor & Employment chair Laurent Drogin was featured in the New York Law Journal. The op-ed was in response to Wendy Lazar’s May 1, 2017 NYLJ article, “The Gig Economy: A Threat to Basic Employment Rights."

• Sexual Orientation Discrimination: One Step Closer to Protection by Federal Law
  

  On April 4, the United States Court of Appeals for the Seventh Circuit (covering Illinois, Indiana and Wisconsin) became the first federal appellate court to recognize sexual orientation as being protected by Title VII of the Civil Rights Act of 1964.

• Article by Laurent Drogin on New York City’s New Law Prohibiting Employers From Inquiring About Applicants’ Salary History Featured in ERE
  

  ERE Recruiting Intelligence featured an article by Labor & Employment chair Laurent Drogin that explores New York City’s new law that prohibits employers from inquiring about the salary of applicants.

• A First Look at New York City's New Law Prohibiting Employers From Inquiring About the Salary History of Applicants
  

  In its latest effort to close the "gender gap" on wages, the New York City Council has enacted legislation (effective in 180 days) prohibiting employers from inquiring about a job applicant's "salary history."

• Laurent Drogin Publishes Law360 Article About How a Tweet With No Words Could Impact New York Labor Law
  

  Labor & Employment partner and chair Laurent Drogin authored a Law360 article titled, How A Tweet With No Words Could Impact NY Labor Law.” The article explores the implications of the firing of former New York Post sportswriter Bart Hubbuch, who sued his former employer and alleged that his termination was due to a tweet in which he compared President Donald Trump’s inauguration to tragic dates in American history.

• Game-Changer on Enforcement of New York Non-Compete Agreements
  

  In a recent decision in Buchanan Capital Markets LLC v. DeLucca, an appellate court in Manhattan placed the enforceability of non-compete agreements in jeopardy for New York employers.

• Department of Labor’s Appeal of Overtime Exemption Injunction Likely Weakens Under New Secretary of Labor
  

  On November 23, we reported that a federal judge in Texas had issued an injunction blocking implementation of the long-awaited new Fair Labor Standards Act exemption regulations.

• Update on Potential Changes to the Fair Labor Standards Act
  

  The much publicized changes to the Fair Labor Standards Act have been enjoined by a federal court judge in Texas and may never take effect.

• Construction Industry Double-Breasting: Recent Trends and Best Practices
  

  The days of unions having a firm, if not solitary, hold on construction in New York City have begun to wane.

• New Federal Overtime Rule is a Boon to Employees, a Potential Minefield For Their Employers
  

  The U.S. Department of Labor (DOL) announced on May 18 its final, long-awaited revisions of the rules that govern the salary cutoff for the "white collar" overtime exemption under the Fair Labor Standards Act (FLSA).

• Defend Trade Secrets Act Signed Into Law
  

  On May 11, President Obama signed the Defend Trade Secrets Act (DTSA) into law.

• Doing Business in New York: Key Employment Law Changes in 2016
  

  2016 ushered in a flurry of changes to the employment laws of both New York State and New York City, as legislators in both jurisdictions passed a slew of new laws to better protect employees and, in most cases, place new restrictions and responsibilities on employers.

• Proposed Change to FLSA Regulations Would Make Exempt Status More Expensive
  

  On July 6, 2015, the United States Department of Labor (DOL) published its highly-anticipated proposed rules that would require the payment of overtime to certain employees who currently have no entitlement to overtime.

• Amendment To New York City Human Rights Law Bans Employers From Using Credit Information
  

  On May 7, 2015, New York City Mayor Bill de Blasio signed a law that prohibits businesses from taking any employment-related action against an individual based on credit information. The law takes effect on September 7, 2015 but preparations should begin now.

• New York City Council Passes the "Fair Chance Act" Establishing New Process for Inquiring into and Considering Job Applicants' Criminal History
  

  On June 10, 2015, the New York City Council passed the Fair Chance Act ("FCA"). It seems certain to be signed into law by Mayor Bill de Blasio in the coming weeks.

• Employers No Longer Required To Give Annual Pay Notices By February 1
  

  On December 29 Governor Cuomo signed a bill amending the New York Wage Theft Prevention Act ("WTPA”). Most significantly, it removes the requirement that employers provide all employees with an annual wage notice by February 1 of each calendar year.

• Minimum Wage Changes for 2015
  

  New York employers are reminded that the hourly minimum wage and wage credits, as well as the minimum weekly salary required for employees to quality for the professional, executive and administrative exemptions are increasing effective December 31, 2014.

• A Simple Solution to NYC Earned Sick Time Act Compliance – New FAQ spells relief
  

  There has been an important development regarding the NYC Earned Sick Time Act (“ESTA”). This is the law that now requires most employers to provide up to 40 hours of annual paid sick time to their employees.