Brian J. Gershengorn
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.
- 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.
Honors & Leadership
Honors & Awards
- Recognized in The Best Lawyers in America (2020 - 2021)
- Listed as a New York Super Lawyer (2017)
- Member, New York State Bar Association
- More Than A Quarter of the Firm’s Attorneys Recognized in 2021 Edition8.20.20
- Labor & Employment Law Firm Launches New Office With Four Attorneys; Fifth Attorney Joins Firm’s New Jersey Office7.18.16
- "Employers Shouldn't Strike Out on Leave For New Dads," Law360
- "Police Officers Subject to Breathalyzer Test Lack Fourth Amendment Claim," SHRM Online
- New York City Passes “Just Cause” Legislation For The Fast Food Industry, Greatly Increasing Workplace Protections For Employees12.24.20
- Title VII Evolution Continues: Another Appeals Court Finds Sexual Orientation Discrimination Actionable2.26.18
- 2nd Circuit Refuses To Join Circuit Courts Siding With NLRB9.8.16
- Brooklyn Law SchoolJ.D. 2003, cum laude
- Cornell University School of Industrial and Labor RelationsB.S. 2000
- New Jersey
- New York
- U.S. Court of Appeals for the Second Circuit
- U.S. District Court for the District of New Jersey
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Western District of New York