Profile
Recognized in Best Lawyers in America and Upstate New York Super Lawyers Rising Stars in the areas of Employment and Labor Law, Rob counsels a variety of employers—including higher education institutions, private independent schools, non-profit entities, credit unions and banks, hospitals and healthcare providers, and manufacturing companies—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, and the New York State Department of Labor.
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 disparate treatment on the basis of race, age, disability, sexual orientation, criminal conviction status, national origin, and religion, as well as claims of quid pro quo sexual harassment, hostile work environment and retaliation;
- Summary judgment granted in favor of a higher education institution dismissing state law claims of fraud and breach of contract asserted by a former faculty member who separated from employment pursuant to the terms of a separation agreement after violating college policy;
- A plaintiff’s voluntary withdrawal of a federal lawsuit asserted against a higher education institution 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.
In addition to handling litigation matters, 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 employees, supervisors, 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; and
- Conducting workplace investigations related to discrimination, harassment, and workplace misconduct.
