Law and the Workplace
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Joseph Baumgarten

Partner

Joseph Baumgarten is a partner and former co-chair in Proskauer’s Labor & Employment Law Department. Joe has been widely recognized as a leading labor and employment lawyer by Chambers, US Legal 500, HR Executive Law Dragon and Best Lawyers. He was also named one of the 2013 BTI Client Service All-Stars, an elite group of attorneys nominated solely by clients as the very best in client service.

Joe represents publicly held and privately owned employers in virtually all areas of labor and employment law, including claims under the National Labor Relations Act, Title VII, the ADEA, ADA, FLSA, WARN and Sarbanes-Oxley, as well as breach of contract claims arising out of executive compensation disputes. He regularly: defends employers in single and multiple plaintiff cases, and class actions, in federal and state trial and appellate courts, before federal, state and local administrative agencies, and in FINRA, AAA and JAMS arbitrations of employment claims; represents unionized employers in collective bargaining negotiations, in grievance arbitrations and before the National Labor Relations Board; and counsels employers with respect to internal investigations, restrictive covenants, reductions in force, restructurings, and labor and employment related issues related to corporate transactions.

Joe practices across a range of different industries and has extensive experience representing employers in the banking, insurance, broker-dealer, television, professional sports, newspaper, health care, trucking and retail sectors.

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COVID-19: Navigating WARN Act Issues During These Uncertain Times

COVID-19: Navigating WARN Act Issues During These Uncertain Times As the outbreak of COVID-19 affects the country and states, counties and cities take various measures to slow the transmission, many employers are facing uncertainty and considering business contingency measures. To the extent layoffs, reductions of hours and closures are under consideration, employers need to be … Continue Reading

New York Court of Appeals Clarifies Application of New York’s Criminal History Discrimination and “Aiding and Abetting” Provisions

In Griffin v. Sirva, Inc., the New York Court of Appeals held that while only “employers” may be liable for criminal conviction history discrimination under Section 296(15) of the New York State Human Rights Law (“NYSHRL”), a covered employer may extend beyond a worker’s direct employer to also include entities that exercise “order and control” … Continue Reading

Second Circuit Seeks Guidance from NY Court of Appeals on Standard for Awarding Punitive Damages Under the New York City Human Rights Law

The Second Circuit is once again seeking guidance from the New York Court of Appeals, this time on the question of the appropriate standard for awarding punitive damages for unlawful discriminatory acts under the New York City Human Rights Law (“NYCHRL”).  The NYCHRL provides that punitive damages may be available where employers are found directly … Continue Reading

Second Circuit Seeks Guidance From NY Court of Appeals on Scope of Liability for Discrimination Based on Criminal Conviction History

The Second Circuit has asked the New York Court of Appeals for guidance on the scope of liability for discrimination based on criminal conviction history under Section 296(15) of the New York State Human Rights Law (“NYSHRL”). Section 296(15) states that it is an unlawful discriminatory practice to deny employment based on past criminal offenses … Continue Reading

Second Circuit Holds That Non-Supervisory Employee’s Retaliatory Intent May Be Imputed to an Employer Under Title VII

In Vasquez v. Empress Ambulance Service, Inc., the Second Circuit adopted the “cat’s paw” theory of liability under Title VII and held that the retaliatory intent of a low-level, non-supervisory employee may be imputed to an employer where “the employer’s own negligence gives effect to the employee’s retaliatory animus and causes the victim to suffer … Continue Reading
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