Jonathan S. Hershberg

Counsel

P 212.216.8009   F 212.216.8001
1350 Broadway
New York, NY 10018

 

Jonathan S. Hershberg

Counsel

P 212.216.8009   F 212.216.8001    jhershberg@tarterkrinsky.com

Jonathan S. Hershberg is counsel in the Labor and Employment practice.

A former journalist, Jon represents employers in a broad array of matters before federal and state courts, arbitral tribunals and state and federal administrative agencies. He regularly handles single-plaintiff, complex and class-action litigation involving claims of discrimination, harassment and retaliation under federal, state and local laws; defense of claims under the FLSA and state wage and hour laws; whistleblower claims; claims of defamation, breach of contract and intentional torts; and claims involving restrictive covenants and unauthorized disclosure of trade secrets and confidential information.

Jon regularly represents management in the traditional labor context, including union organization issues and elections, strike and lockout preparation and strategy, contract negotiations and the day-to-day administration of collective bargaining agreements. He regularly appears before the National Labor Relations Board to both defend and prosecute charges of unfair labor practice.

In addition to his extensive litigation practice, Jon is routinely called upon to advise employers on a wide range of employment and human resources issues. He counsels clients concerning management of personnel problems, reductions in force, investigation of employee complaints, state and federal leave laws, wage and hour issues, employment policies and contracts. Jon also has experience conducting internal investigations, on behalf of employers, into allegations of discrimination and harassment.

Jon began his legal career in the labor and employment department of Proskauer Rose LLP.

Representative Matters:

  • Defended a blue-chip, global law firm against claims of gender- and age-based discrimination brought by one of its former partners under federal, state and New York City laws.
  • Defended a high-profile member of the New York State Assembly against charges of sexual harassment brought by a subordinate.
  • Defended a well-known entertainment company against allegations of class-wide violations of the FLSA in a suit brought by its former interns.
  • Represented a well-known private equity firm in three related matters that stemmed from a lift-out executed by a group of the firm’s former partners and that involved claims of breach of fiduciary duties, violation of restrictive covenants, unfair competition and theft of confidential information.
Education
  • Rutgers University School of Law, J.D.
  • Columbia University Graduate School of Journalism, M.A.
  • Washington University in St. Louis, B.S.
Admissions
  • New York
  • New Jersey
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the District of New Jersey
Awards and Honors
  • New York Super Lawyers "Rising Star," 2018-2020
Memberships
  • American Bar Association
  • New York State Bar Association
  • New York City Bar Association
  • New York City Bar Association, Labor & Employment Law Committee

What I do when not practicing law: I’m an amateur photographer and an even more amateur musician.

Quote I live by: "I am what I am." Popeye

News

Events

  • TIME SENSITIVE: New York State Publishes New Wage Notice Template for Immediate Use

    Just in the nick of time, the New York State Department of Labor (NYDOL) released the new wage notice template to be used for employers subject to Home Care Worker Wage Parity. Employers must begin using the new wage notice (labeled the LS 62) beginning today, October 1, 2020. The LS 62 is available on the NYDOL website, linked here.

  • COVID-19 Reopening Safety Plans and Updating Employee Policies

    The COVID-19 global pandemic has created additional health and safety considerations for employers, who as it is, already have a general duty to provide a safe working environment.

    As businesses and employers prioritize the health, safety, and well-being of their employees and workers, their families, and the wider community, through updating and maintaining their required written Reopening Safety Plans, they are also focusing on disseminating written COVID-19-related workplace policies.

  • ACT NOW. New Prevailing Wage Notification Requirements Are in Effect!

    Does your company perform “prevailing wage” work? If so, you now have additional obligations under New York’s Wage Theft Prevention Act (WTPA), which was amended by Governor Andrew Cuomo’s signing of the 2020-2021 state budget. Examples of prevailing wage work include non-union positions in construction or building service jobs.

  • Labor Law Amendments Mean New Wage Notices and Wage Statements for All Who Are Subject to Wage Parity

    While everyone’s attention was fixed on COVID-19 and the surrounding chaos, New York State Governor Andrew Cuomo signed the state budget for fiscal year 2020-2021, ushering in several new labor laws and amendments. Some of these such amendments concern the Home Health Care Worker Wage Parity Law (Wage Parity Law) and New York’s Wage Theft Prevention Act (WTPA).

  • New York State Voting Leave Amended Again

    One year ago, voting leave in New York was expanded to provide three hours of paid voting leave to all employees, regardless of whether they had time outside of work to go to the polls. But this expanded leave was short-lived. As of April 3, 2020, Section 3-110 of the New York State Election Law detailing the time allowed for employees to vote has been amended to closely resemble its previous iteration. The amendments were announced as part of New York State Governor Andrew Cuomo's 2020-2021 state budget.

  • COVID-19 Update: Guidance and Forms

    Guidance and forms are now available for employers to use in documenting leave requests and complying with requirements under the new federal and state COVID-19 leave laws.

  • New York Paid Leave and Job Protection for COVID-19 Quarantine or Isolation Order

    On March 18, 2020, New York State adopted new legislation providing employees subject to the Coronavirus (COVID-19) quarantine or isolation order with immediate sick leave, disability benefits and paid family leave. These benefits apply to employees who cannot work (including an inability to work remotely).

  • Non-Essential Businesses Must Convert 75% of Workforce to Remote Working Arrangements by March 20

    New York State Governor Andrew Cuomo announced that his Executive Order 202.6 requiring non-essential businesses to keep 50% of their workforce offsite has been updated to increase that number to 75%. This means that if your business is deemed non-essential, you may only have 25% of your workforce working in the office or "onsite" starting Friday, March 20.

  • Our Top 10 Legal Alerts from 2019

    As we start a new year, we would like to share with you some of our most popular legal alerts from 2019.

    Our top-read alerts range from construction, labor & employment, tax, immigration, trusts & estates, cooperatives & condominiums, real estate, corporate & securities, litigation and intellectual property, reflecting the broad array of our full-service practice. We hope that our alerts have been valuable to you and your colleagues, and demonstrate our commitment to providing helpful information to you.

  • Tarter Krinsky & Drogin’s Top 10 Legal Alerts from the First Half of 2019

    As we head into summer, we would like to share with you some of our most popular legal alerts from the first half of 2019.

    Our top-read alerts range from construction, labor and employment, tax, corporate and securities, immigration, cooperatives and condominiums, commercial leasing, real estate, litigation and intellectual property, reflecting the broad array of our full-service practice. We hope that our alerts have been valuable to you and your colleagues, and demonstrate our commitment to providing helpful information to you.

  • They're Out! New York Department of Labor Tosses Proposed "Call-In Pay" Regulations Following Public Outcry

    New York employers have one less administrative headache to deal with - at least, for now. The New York State Department of Labor (DOL) has announced that, as of March 1, 2019, it will not implement proposed regulations concerning "call-in," "just-in-time" or "on-call" scheduling requirements - more commonly known as the "predictive scheduling regulations" - that would have affected most employers throughout the state.

  • Richard Steer and Jonathan Hershberg Co-Author a New York Law Journal Article on Employee Background Checks: The New Compliance

    Labor & Employment partner Richard Steer and associate Jonathan Hershberg co-authored a March 16 New York Law Journal article with David Mederrick, the president and CEO of Team Screening titled, "Employee Background Checks: The New Compliance Arena."

  • 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).

  • 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.

Education
  • Rutgers University School of Law, J.D.
  • Columbia University Graduate School of Journalism, M.A.
  • Washington University in St. Louis, B.S.
Admissions
  • New York
  • New Jersey
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the District of New Jersey
Awards and Honors
  • New York Super Lawyers "Rising Star," 2018-2020
Memberships
  • American Bar Association
  • New York State Bar Association
  • New York City Bar Association
  • New York City Bar Association, Labor & Employment Law Committee

Jonathan Hershberg

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