Employment Law Practice Group

Transcription

1 Employment Law Practice Group Co-Chairs Marianne Monroy Leonard M. Rosenberg Members Roy W. Breitenbach Kevin G. Donoghue Jason Y. Hsi Michael J. Keane, Jr. Lauren M. Levine Okechi Ogbuokiri Salvatore Puccio Courtney A. Rogers Dayna B. Tann Justin M. Vogel Andrew L. Zwerling Madelin T. Zwerling GW s Employment Law Practice Group provides advice on a full range of employment matters. Our attorneys have significant experience providing general employment advice and guidance to business entities of all types, and an array of non-profit and for-profit institutions, private corporations, health care providers, hospitals, and nursing homes. The Employment Law Practice Group has decades of litigation, trial and appellate experience regarding employment claims in New York, New Jersey and Connecticut: Federal and State civil rights and discrimination claims; Equal Employment Opportunity Commission Proceedings; New York State Division of Human Rights Proceedings; New Jersey Civil Rights Commission Proceedings; Connecticut Commission on Human Rights and Opportunities Proceedings; Whistleblower and retaliation claims; Federal and State wage and hour claims; Employee contract claims and disputes; Enforcement of restrictive covenant claims; Defense of Workers Compensation discrimination claims; Unemployment claims, hearings and appeals; and Mediation and arbitration of employee claims. Given the challenges facing all employers to remain current and compliant with federal, state and local employment laws and regulations, GW provides advice and consultation to help protect our clients interests and effectively manage their workforce: Advise on a full range of Federal and State employment law and regulatory compliance issues; Develop employee handbooks, policies and procedures; Address and advise on handling of employee complaints; Conduct internal employee investigations; Formulate disciplinary and corrective action plans; Conduct employee training and management presentations; Development and implementation of Reduction in Force Programs; and Preparation of employee notices (employee evaluations, job descriptions; disciplinary notices, COBRA, and FMLA).

2 Our Attorneys CO-CHAIRS OF THE EMPLOYMENT LAW PRACTICE GROUP Marianne Monroy is a graduate of Brooklyn College (B.A., cum laude, 1994) and Pace University School of Law (J.D., cum laude, 1997), where she served on the staff of the Pace Law Review and earned a Certificate of Environmental Law. Ms. Monroy's concentrates her practice on employment law defense litigation and counseling. She also has extensive experience in general civil litigation and appellate work. Leonard M. Rosenberg is a graduate of Cornell University (B.S., 1976) and Boston University School of Law (J.D., 1979). Mr. Rosenberg is a member of the American Bar Association (Committees on Litigation, Employment Law, Health Care Law and Antitrust), the New York State and Nassau County Bar Associations, and the American Health Lawyers Association. Mr. Rosenberg s practice focuses on federal and state court trial and appellate work. PARTNERS Roy W. Breitenbach is a graduate of St. John s University (B.A., summa cum laude, 1988) and St. John s University School of Law (J.D., cum laude, 1991), where he served as a contributing author and Notes and Comments Editor of the St. John s Law Review. Prior to joining the Firm, Mr. Breitenbach was a litigation associate in the areas of antitrust and health care law at the law firm of Kelley Drye & Warren. Mr. Breitenbach has extensive experience in the area of federal and state civil litigation, representation of for-profit and not-for-profit entities involved in commercial, financial real property, or environmental disputes, physicians and other professionals involved in professional practice governance and breakup disputes, employers and public accommodations in employment or disability discrimination disputes, and health care providers in reimbursement disputes with third-party payors, including the Medicare and Medicaid program. He is a member of the firm s Litigation and Arbitration Practice Group, which represents clients involved in disputes before courts, administrative and regulatory agencies, and alternative dispute resolution panels. He is also a member of the firm s Environmental Practice Group, which provides advice in all areas of environmental law and regulatory compliance, as well as environmental real estate matters. Kevin G. Donoghue is a graduate of the College of the Holy Cross (B.A., 1996) and Fordham University School of Law (J.D., 1999) where he was a member of the Moot Court Board and the International Law Journal. He is a member of the New York State Bar Association. Mr. Donoghue has extensive experience in the area of state and federal litigation. Lauren M. Levine is a graduate of the State University of New York at Buffalo (B.A., 1999) and Hofstra University School of Law (J.D., 2002) where she was an Executive Board member of the Moot Court Association. She is a member of the American Bar Association, the New York State Bar Association and the Association of the Bar of the City of New York for which she serves as the Secretary for the Committee on International Environmental Law. Ms. Levine s practice is primarily in the area of litigation.

3 Andrew L. Zwerling is a graduate of the State University of New York at Stony Brook (B.A. 1979, with Honors) and George Washington University Law School (1982, with Honors). Prior to joining the firm, Mr. Zwerling was an Executive Assistant District Attorney and Equal Employment Opportunity Officer with the Queens County District Attorney s Office, where he served as a prosecutor for 17 years. Thereafter, Mr. Zwerling was a partner in the litigation firm of Garbarini & Scher, where he handled cases involving medical malpractice, civil rights, commercial litigation and insurance defense, and where he also created and presented in-service risk management programs on behalf of local hospitals. Mr. Zwerling has successfully argued an appeal before the United States Supreme Court and is the author of more than 30 legal publications. Mr. Zwerling has extensive experience in the areas of state and federal litigation. SENIOR ATTORNEYS Jason Y. Hsi is a graduate of the University of Pennsylvania (B.A., cum laude, 2001) and the Boston University School of Law (J.D., cum laude, 2005), where he was Note Editor of the Journal of Science and Technology. Prior to joining the firm, Mr. Hsi s practice is primarily in civil and commercial litigation at the firm of Hamburger, Maxson, Yaffe, Wishod & Knauer, LLP. He is a member of the New York State Bar Association and the Nassau County Bar Association. Mr. Hsi is a member of the firm s Litigation & Arbitration Practice Group and Appellate Litigation Practice Group. Salvatore Puccio attended Quinnipiac University (B.A. 2002) prior to attending Hofstra University School of Law (J.D., 2005). Mr. Puccio is also the General Counsel to Breast Cancer Help, Inc., on a pro bono basis. Mr. Puccio is a member of the firm s Arbitration and Litigation group, advising clients on various commercial matters. Courtney A. Rogers is a graduate of Oberlin College (B.A., 2000) and Boston University School of Law (J.D., cum laude, 2005), where she was Executive Editor of the American Journal of Law and Medicine. She is a member of the New York State Bar Association and the Massachusetts Bar Association. Ms. Rogers s practice is primarily in the area of civil litigation. Justin M. Vogel is a graduate of the State University of New York at Stonybrook (B.A., cum laude, 1999) and St. John s University School of Law (J.D., 2002). Mr. Vogel joined the firm in 2007 and is a member of the Litigation and Arbitration Practice Group, advising clients on various commercial matters, as well as a member of the Employment Law Practice Group. ASSOCIATES Michael J. Keane, Jr. is a graduate of The Johns Hopkins University (B.A., 2009) and St. John s University School of Law (J.D., 2012), where he was an Associate Director for the Moot Court Honor Society and a Senior Staff Member for the American Bankruptcy Institute Law Review. Mr. Keane is a member of the firm s Arbitration and Litigation group, advising clients on various commercial matters. Okechi Ogbuokiri is a graduate of the University of Notre Dame (B.B.A., 2007) and Northeastern University School of Law (J.D., 2010). Prior to joining the Firm, Ms. Ogbuokiri worked for Porzio, Bromberg & Newman, P.C. where she gained experience counseling and defending clients in employment and education law related matters. Prior to that she was a legal intern for Massachusetts Teachers Association and Lawyers Committee for Civil Rights, and a judicial intern for the Honorable Jerome Simandle, United Stated District Court for the District of New Jersey. Ms. Ogbuokiri concentrates her practice in employment law defense litigation and counseling.

4 Dayna B. Tann is a graduate of The University of Scranton (B.A., magna cum laude, 2005) and St. John s University School of Law (J.D., Dean s List, 2010), where she was a Notes and Comments Editor of the St. John s Law Review. She is a member of the New York State Bar Association. Ms. Tann s practice focuses on the area of litigation and arbitration. Madelin T. Zwerling received a Bachelor of Science Degree in Finance from New York University in 1983 and was employed for years in the financial services industry as an analyst and a corporate speechwriter. She later graduated Touro College Jacob D. Fuchsberg Law Center in 1991 with honors, having finished near the top of her class. Ms. Zwerling is a member of the Personal Services and Estate Planning Practice Group, which advises clients in the preparation of wills and trusts, as well as in estate administration and gift planning for the preservation of family businesses and wealth upon death, and related tax matters. Ms. Zwerling is also a member of the Employment Law Practice Group. Ms. Zwerling also spent years as an educator, with a primary focus in teaching children with learning and emotional disabilities, and has been qualified in the New York State Family Court as an expert in the area of Special Education.

5 RELEVANT PUBLICATIONS: "Radiologists and Disability Access Requirements," Journal of the American College of Radiology (Vol. 10, No. 12, pgs ) December 2013 The Interplay of Restrictive Covenants, Preliminary Injunctions and Arbitration, New York Law Journal, November 25, 2013 Recent Developments in Employee Restrictive Covenant Law, New York Commercial Litigation Insider, September 2013 When Medical Practices Meet Restrictive Covenants, New York Law Journal, January 17, 2012 "Eight Things You Need to Know About Noncompetition Covenants," Journal of the American College of Radiology Volume 8, Number 7) July 2011 Protecting Whistleblowers Parsing the Terms of Labor Law 741, New York Law Journal (Health Care Law Section), November 2, 2009 Physician Restrictive Covenants Enforced Somewhat Reluctantly, Connecticut Law Tribune, May 2007 Restrictive Covenants in Dental Practice Employment Agreements, Queens County Dental Society Bulletin, March/April 2007 Restrictive Covenants in Dental Practice Employment Agreements, Queens County Dental Society Bulletin, March/April 2007 The Basics of Restrictive Covenants, Journal of the American College of Radiology (Volume 3, Number 10) October 2006 Defending Claims Brought Under Labor Law 740, New York Law Journal, June 2006 New York's Whistleblower Law: Labor Law 740, New York Law Journal, May 2006 PRESENTATIONS: "What Employers and Employees Need to Know About Restrictive Covenants" Co-Presenter at Fairfield County Medical Association sponsored webinar (May 2, 2013) Restrictive Covenants in Dental Practice Employment Agreements, Queens County Dental Society - May 1, 2007 Non-Competes: Enforceable or Not?, Physicians and Physician Organizations Law Institute (February 5-6, 2007) Las Vegas, NV

6 ILLUSTRATIVE SUCCESSFUL OUTCOMES IN EMPLOYMENT CASES: Apiado v. North Shore University Hospital at Syosset: Summary judgment dismissal of a race, age and disability discrimination action. DeFrancis v. North Shore Plainview Hospital: Summary judgment dismissal of a gender discrimination lawsuit. Delaney v. Good Samaritan Hospital: Dismissal of age discrimination, defamation and intentional infliction of emotional distress lawsuit. Esan v. Franklin Hospital: Dismissal of race and national origin discrimination lawsuit. Forte v. Blythedale Children s Hospital: Summary judgment dismissal of a race, disability, wage, retaliation, and whistleblower (Labor Law Section 740) lawsuit. Freydel v. New York Hospital: Summary judgment dismissal of lawsuit brought under the Americans with Disability Act and Rehabilitation Act based on allegations that Hospital failed to provide sign language interpreter services. Joseph v. North Shore University Hospital: Summary judgment dismissal of a disability and national origin discrimination lawsuit. Kaufman v. Columbia Memorial Medical Center: contract, and disability and age discrimination claim. Defense jury verdict dismissing breach of Luiso v. Northern Westchester Hospital Center: Summary judgment dismissal of a whistleblower (Labor Law Section 740 and 741) lawsuit. Nakahata v. New York Presbyterian Healthcare System, Inc., et. al.: Dismissal of putative collective and class action lawsuit alleging violations of the Fair Labor Standards Act and New York State Labor Law. Richards v. North Shore-Long Island Jewish Health System: Defense jury verdict dismissing race discrimination action. Sabido and Richmond Surgical Associates PLLC v. Staten Island University Hospital: Dismissal of race, national origin, and age discrimination claims, as well breach of contract, negligence of tortious interference of contract claims. Sinni v. Forest Hills Hospital: Summary judgment dismissal of a disability and whistleblower (Labor Law Section 741) lawsuit. Tatu v. St. Barnabas Hospital: Summary judgment dismissal of whistleblower lawsuit brought under New York Labor Law Sections 740 and 741.