Profile
A 2017 Upstate New York Super Lawyers Rising Star in the area of Employment and Labor Law, Rob counsels employers in a broad range of industries—including higher education, non-profit, construction, and health care—to ensure compliance with the vast array of laws and regulations that employers encounter on a daily basis.
Rob is an experienced and strategic litigator who routinely represents employers in proceedings before federal and state courts, the New York State Division of Human Rights, the Equal Employment Opportunity Commission, the United States Department of Labor, the New York State Department of Labor Unemployment Insurance Division and the Division of Labor Standards.
Rob’s representative cases include obtaining:
- Dismissal of numerous Complaints and Charges before the New York State Division of Human Rights and Equal Employment Opportunity Commission alleging discrimination on the basis of race, age, disability, national origin, and religion, as well as sexual harassment, hostile work environment, failure to accommodate, and retaliation
- A plaintiff’s voluntary withdrawal of a federal lawsuit asserted against a medical college alleging sex discrimination and disparate treatment under Title IX of the Education Amendments of 1972, as well as various state law claims, after the parties completed discovery
- Dismissal, following a trial before an Administrative Law Judge of the National Labor Relations Board, of two unfair labor practice charges asserted by a newly certified union against a nursing and rehabilitation center alleging that the termination of two employees was unlawful because the employer failed to provide advance notice and an opportunity to bargain
- Favorable contract interpretation arbitration award on behalf of an international chemical manufacturing company related to the provision of health insurance benefits to retirees
- Annulment of a six-figure liability assessment against a national framing contractor for unemployment insurance contributions allegedly owed for independent contractors and employees of subcontractors. This result was achieved following a lengthy hearing and subsequent appeal to the New York State Department of Labor Unemployment Insurance Appeal Board, and helped to leverage a favorable settlement of a seven-figure New York State tax assessment
- Dismissal of Article 78 petition challenging termination of public employee for engaging in misconduct on basis that the employee was not deprived due process, substantial evidence existed to support the basis for termination, and the penalty of termination was appropriate
Rob’s practice also focuses on:
- Proactive employment counseling on matters related to employee discipline and termination, workplace accommodations, leaves of absence, and wage and hour laws
- Collective bargaining on behalf of unionized employers and representation of employers in labor relations matters, including grievances, arbitrations, and unfair labor practice charges before the National Labor Relations Board
- Proactive training for supervisory and non-supervisory personnel, board members, and executives on discrimination and harassment in the workplace, performance management, best practices in recruiting and hiring, social media, leaves of absence and reasonable accommodations, wage and hour compliance, and employee discipline
- Review of employee handbooks, policies, and personnel manuals
- Preparation of employment agreements, severance agreements, and confidentiality, non-solicit and non-compete agreements
- Conducting workplace investigations related to discrimination, harassment, and workplace misconduct
