Labor and Employment

Proactively Managing Risk

Balancing the interests of employers and employees amidst a complex body of employment laws poses risks and challenges. We keep businesses safe. From prevention and compliance to dispute resolution, we work with you to define your goals and devise creative solutions that achieve lasting results. More than a legal solution, we are a practical business approach. By understanding your interests and minimizing risk exposure, we can assist you in achieving a positive work environment that fosters long-term success. 

Tarter Krinsky & Drogin’s Labor and Employment Practice counsels clients in every aspect of the employment relationship.  We understand that a productive work environment is critical to your company’s success and we work in tandem with you to create clear workplace standards that comply with federal, state and local laws. 

Risk-Management, Compliance and Prevention

Recognizing how cost effective it is to reduce risk, we focus on prevention. Our work includes developing company policies and employee handbooks, conducting lawful interviews, screening programs and internal investigations, and drafting employment, non-compete and confidentiality agreements. When terminations occur, we implement downsizing, discharge and disciplinary decisions and draft severance agreements.

Through our deep familiarity with state and federal employment laws relating to workplace harassment and discrimination, employee leave rights, wage and hour, and the Americans with Disabilities Act, we are able to distill regulatory issues to a granular level, enabling you to make informed business decisions.

By frequently training human resources and management about current law, our clients are empowered to address challenging issues internally. The result is a more harmonious work environment for employees, minimal risk and cost savings for our clients.

Resolving Disputes and Litigation

When litigation arises, we pursue cases proactively and cost-consciously. Our attorneys are experienced in defending employment-related claims in federal and state courts, and before administrative agencies throughout the United States. Additionally, we have significant experience representing employers in arbitrations and mediations.

Labor and Management Relations

We counsel management in their relationships with unionized labor, including issues and grievances, lawful conduct in connection with unionization, collective bargaining agreements, strike, lockout and picketing situations, breach of duty/fair representation claims, and proper conduct during decertification proceedings. Our attorneys often facilitate proceedings before the National Labor Relations Board and New York State Public Employment Relations Board, as well as in federal and state courts. Partnering with Employee Benefits Practice, we also handle ERISA matters related to benefit fund contributions.  

Employment Practices Liability Insurance

We act as Employment Practices Liability Insurance (EPLI) approved counsel for a number of major insurance carriers, defending their insureds in employment law matters. Our EPLI cases include defense of employment discrimination, housing discrimination and wage and hour cases in the real estate, restaurant, higher education and not-for-profit sectors, among others.

Representative matters include:

  • In a landmark decision, the Appellate Division, First Department unanimously affirmed the dismissal of a lawsuit filed by the former employee of our client, a health management company. This is the first case in which the appellate court considered the effect of New York City's 2005 Civil Rights Restoration Act on a summary judgment motion seeking to dismiss a New York City Human Rights Law claim.

  • Represented the owners of a residential apartment building in a lawsuit brought by the building’s superintendent. The owners had terminated the superintendent for performance-related issues. The superintendent sued, claiming he was lifetime employment and tenancy at the building provided he resigned from his labor union and never again joined a union. The court dismissed these claims, agreeing with TKD that a little known section of New York’s General Obligations Law declares as “void against public policy” any contract for employment that is based on an employee’s agreement to join or refrain from joining a union. 

  • Won decisions following hearings before administrative law judges of the New York State Unemployment Insurance Appeal Board. The clients in the two cases were a staffing company and a production company that works for advertising agencies. Both decisions were significant because misclassification of employees as independent contractors rather than as employees has been the subject of intensified enforcement efforts by the DOL.
Name Title Direct Dial Vcard
Dougherty, Anthony D. Partner, CFE Partner, CFE 212.216.8099 VCard
Drogin, Laurent S. Partner Partner 212.216.8016 VCard
Feder, Hagit Senior Compliance Administrator, CFE Senior Compliance Administrator, CFE 212.216.1109 VCard
Hershberg, Jonathan S. Associate Associate 212.216.8009 VCard
Kleinmann, David N. Partner Partner 212.216.1115 VCard
Schoenstein, Richard C. Partner, Co-Head of Securities and Financial Services Litigation Group Partner, Co-Head of Securities and Financial Services Litigation Group 212.216.1120 VCard
Schuchert, Wolf Paralegal Paralegal 212.216.1183 VCard
Steer, Richard L. Partner Partner 212.216.8070 VCard
Toevs Carolan, Tara Counsel Counsel 212.216.8007 VCard
Zagorsky, Arthur Partner Partner 212.216.8030 VCard
  • apple seeds LLC

    apple seeds LLC is a growing organization that provides indoor playground facilities, classes, birthday parties and other activities. As an emerging and growing business, apple seeds needed a business-minded legal partner who understood the challenges of being a middle market business. They needed help building the company from the ground floor up, and providing a solid foundation for future growth.  

  • Nitehawk Cinema

    Entrepreneur Matthew Viragh approached David Pfeffer, Chair of Tarter Krinsky & Drogin’s Construction Practice, for legal and business counsel relating to a new and unique cinema to be opened in Williamsburg, Brooklyn.