Brian Gershengorn is co-managing partner of the firm's New York office. He represents clients in healthcare, employment, wage and hour, class action and traditional labor matters in the hospitality, financial services, sports, entertainment, educational, and retail industries. Brian has successfully tried both jury and bench trials involving wage and hour claims.

Brian's practice focuses on representing clients against claims of employment discrimination, sexual harassment, retaliation, wrongful discharge, breach of contract, defamation, tip-pooling, meal and rest breaks, misclassification, and off-the-clock allegations. He also regularly counsels clients on compliance with anti-discrimination laws, wage and hour laws, the Family and Medical Leave Act (FMLA) and the National Labor Relations Act (NLRA), among others, as well as the management of personnel problems, workplace investigations, and employee handbooks. Brian's traditional labor experience includes union representation elections, unfair labor practice cases, collective bargaining, and labor arbitrations.

Experience

• Successfully defended clients in a Fair Labor Standards Act (FLSA) wage and hour collective action jury trial in the Western District of Pennsylvania.
• Successfully defended clients in a Fair Labor Standards Act and New York Labor Law wage and hour litigation bench trial in the Southern District of New York.
• Oversee and conduct wage and hour compliance audits.
• Attained summary judgment in the Eastern District of New York in a case alleging discrimination on the basis of age.
• Representation of clients in collective bargaining negotiations.
• Representation of clients in arbitrations arising from collective bargaining relationships in both the private and public sectors.

Professional Activities

• Member, New York State Bar Association

News

Articles

• "Employers Shouldn't Strike Out on Leave For New Dads," Law360
  4.10.14
• "Police Officers Subject to Breathalyzer Test Lack Fourth Amendment Claim," SHRM Online
  1.13.14

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