Erin Sylvester Torcello
Ms. Torcello concentrates her practice in labor and employment law. She represents and counsels management, in the private and public sectors, in a wide variety of labor and employment matters, including employment discrimination and workplace harassment, wrongful discharge, civil rights litigation, layoffs, personnel policies, employee handbooks, labor arbitration, unfair labor practice charges, collective bargaining and wage and hour issues. Ms. Torcello regularly defends employers in claims brought under Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the National Labor Relations Act, the New York State Public Employees Fair Employment Act (the Taylor Law) and the New York State Human Rights Law. She also advises employers on how to comply with various employment statutes, including the Fair Labor Standards Act (FLSA), the Family Medical Leave Act (FMLA) and the Occupational Safety and Health Act (OSHA).
Honors and Affiliations
- New York State Bar Association, Labor and Employment Law Section
- Erie County Bar Association
- Women's Bar Association of the State of New York
Representative Publications
- NLRB's Acting General Counsel Issues Third Report on Social Media Cases, June 5, 2012
- NLRB Deals A Blow to Arbitration Agreements, New York Employment Law Letter, February 2012
- NLRB Holds That NLRA Prohibits Class Action Waivers in Mandatory Arbitration Agreements, January 26, 2012
- The 2011 Employment Law Year In Review, New York Employment Law Letter, January 2012
- NLRB Adopts Final Rule Amending Representation Election Procedures, December 22, 2011
- NLRB Approves Resolution to Move Forward on "Quickie" Election Rule, December 8, 2011
- NLRB Postpones Implementation of Notice Posting Rule, October 6, 2011
- NLRB Modifies Unit Determination Standard in Non-Acute Health Care Facilities, September 14, 2011
- Two Recent NLRB Decisions Erode Employees' Right To Choose, September 13, 2011
- NLRB Issues Final Rule Requiring Employers To Post Unionization Rights Notice, August 29, 2011
- High Court's Wal-Mart Decision Makes It More Difficult to Bring Employment-Related Class Action, June 23, 2011
- Are You Sure That Departure Is Voluntary? The Ninth Circuit Defines Voluntary Departure Under WARN, February 1, 2011
- Recent NLRB Policy Changes Focus on Remedies, November 10, 2010
- A Reminder About New York's Notice Requirements for Discharged Employees, September 30, 2010
Other Activities
- Member, Board of Directors, Urban Roots Community Garden Center, HR Committee
- Member, Board of Trustees, Community Charter School, Personnel Committee
- Cornell ILR Alumni Association
Representative Presentations
- Speaker, Bond, Schoeneck & King Workplace 2012, "Got It Covered? Often Overlooked Wage and Hour Issues For New York Employers", Buffalo/Rochester, NY, May/June 2012
- Speaker, SUNY Buffalo Law School GOLD Group, “Employment Discrimination CLE”, Buffalo, NY, November 2011
- Speaker, Bond, Schoeneck & King Workplace 2011, "Proceed With Caution: What The ‘New’ NLRB Signals for Employers with Non-Union Employees", Rochester, NY, June 2011
- Speaker, Bond, Schoeneck & King Workplace 2011, "Avoid Getting Burned: Hot Topics in Hiring and Recruitment", Buffalo, NY, May 2011
- Speaker, Bond, Schoeneck & King Breakfast Briefing Series, “The ‘New’ NLRB Signals for Employers with Non-Union Employees: Are You Ready?”, Buffalo, NY, April 2011
- Speaker, Bond, Schoeneck & King Workplace 2010, "Religion in the Workplace: Understanding Employee Rights and Employer Obligations", Buffalo, NY, May 2010
- Speaker, Bond, Schoeneck & King Breakfast Briefing Series, "Drafting Effective Internet and Electronic Workplace Policies -- Blogs, Twitter, Facebook, LinkedIn, and MySpace", Buffalo, NY, January 2010
