Eric Su is a partner in Crowell & Moring’s Labor & Employment Group in the firm’s New York office. His practice mainly involves representing management in all aspects of labor and employment law, including government investigations and class and collective action litigation defense involving alleged violations of the Fair Labor Standards Act, and parallel state wage and hour laws. Eric has routinely handled investigations by federal and state labor departments, law enforcement, and municipal agencies concerning wage and hour issues including, but not limited to, compliance with the Davis-Bacon Act (and Related Acts), Service Contract Act, and state “little Davis Bacon” and other prevailing wage or similar laws (e.g. New York Real Property Tax Law 421-a and New York Wage Parity Act).
He also counsels clients in all facets of workplace issues including, but not limited to, day-to-day human resources matters, implementation of workplace policies, rules, and practices concerning restrictive covenants, paid time off, medical and family leave, workplace harassment, discrimination and harassment, alternative dispute resolution, “ban-the-box” and background checks, employee/contractor classification, and employee overtime exemption status. He is experienced in counseling employers on investigations involving allegations of employee and management misconduct and fraud, workplace harassment, employee disloyalty, and other workplace issues.
He further advises employers on litigation prevention and counsels them on all aspects of the employment relationship, including compliance with all aspects of statutory and regulatory requirements. Such efforts include leading comprehensive and nationwide audits of large corporate clients’ employment practices, employee classification, and wage and hour compliance. His emphasis on compliance with employment laws and regulations have led to many successful results for his clients before federal and state administrative investigations and in federal and state courts. He has obtained numerous favorable results for his clients in dealing with investigations by the federal and state departments of labor and has successfully resolved labor department investigations in lieu of criminal charges being brought by prosecutorial authorities.
Eric has been recognized by Super Lawyers as a leading labor and employment lawyer since 2014.
Eric is fluent in Mandarin Chinese.
Affiliations
Professional Activities and Memberships
- American Bar Association
- New York State Bar Association
Representative Matters
- Negotiated plea agreements for clients in the hospitality and construction industries in numerous joint investigations by the Labor Bureau of the New York State Office of the Attorney General and the U.S. Department of Labor.
- Achieved numerous wage and hour class and collective action settlements for national restaurant chains involving federal and state “dual job” and “80/20” rules and off the clock issues.
- Successfully obtained decisions denying class certification in two lawsuits pending before the New York State Supreme Court involving allegation of underpayment of prevailing wages for labor furnished in connection with various housing projects.
- Successfully resolved a class action involving allegation of underpayment of prevailing wages for a Fortune 100 company.
- Resolved a U.S. Department of Labor wage and hour investigation concerning a federal contractor's compliance with the Service Contract Act, in which the government's initial underpayment determination was close to $2.0 million and through reverse audit and extensive negotiations, the finding was reduced to less than $50,000.
- Resolved numerous New York City Department of Consumer Affairs investigations regarding compliance with the New York Earned Sick and Safe Time Act and minimized penalty assessments against the employer respondents.
- Significantly reduced a New York Department of Labor minimum wage and overtime audit against a restaurant from $1.4 million to $190,000.
- Achieved settlement with trustees of a union fringe benefit fund for a contractor client in a federal lawsuit in which the fund trustees sought to collect underpayment of fringe benefit contributions of over $2 million, but the matter was settled for approximately $45,000 after two days of trial.
- Resolved a New York State Department of Labor prevailing wage investigation against a contractor in which the initial underpayment assessment was over $2 million and resulted in the reduction of the assessment to approximately $500,000.
- Resolved a U.S. Department of Labor minimum wage and overtime investigation against a restaurant by reducing the government's initial underpayment finding of $240,000 to $80,000.
- Represented a contractor in a prevailing wage investigation by the Office of the Comptroller of the City of New York wherein the investigation resulted in a finding of no underpayment owed.
- Resolved ten simultaneous investigations by the New York State Department of Labor against a contractor for alleged underpayment of prevailing wages and falsification of payroll documents which resulted in the reduction of the initial aggregate underpayment finding of over $1.5 million to $300,000.
- Successfully resolved numerous administrative debarment proceedings against public works contractors before federal and state departments of labor.
- Successfully resolved numerous audits, investigations, and other administrative proceedings commenced by New York State Department of Labor in which the government alleged that the client sought to collect unpaid withholding taxes and unemployment, workers compensation, disability insurance premiums, and related penalties assessed as a result of alleged misclassification of workers as independent contractors by clients from various industries, including retail, hospitality, construction, and information technology.
- Obtained an arbitration award of more than $55 million for unpaid change order work on behalf of a contractor against a hotel developer.
- Successfully litigated and negotiated delay, extra work, or change order claims on behalf of contractors performing public improvements.
Speeches & Presentations
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"Prevailing Wage and Apprenticeship Guidance Under the Inflation Reduction Act (IRA)," Crowell & Moring Webinar, 2023.
(January 11, 2023).
Presenters: David B. Blair, Ira M. Saxe, Eric Su, Katie Aber
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"Using Artificial Intelligence in Hiring and Recruiting: The Future is Here," American Bar Association's 16th Annual Section of Labor & Employment Law Conference, Washington, D.C.
(November 11, 2022).
Speakers: Toni Jackson and Eric Su.
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"Green Energy Tax Incentives to Advance American Infrastructure," Crowell & Moring Webinar
(January 13, 2022).
Speakers: David B. Blair, Adelicia R. Cliffe, Irina Pisareva, and Eric Su.
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"Rising Domestic Violence and Abuse During COVID-19: How Workplaces Can Help Those in Need," Womankind Webinar
(September 17, 2020).
Presenter: Eric Su.
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"Critical Issues in the Cannabis Space," Crowell & Moring Webinar
(April 23, 2020).
Presenters: Caroline E. Brown, Anne Elise Herold Li, Eric Su, and Nicole Sayegh Succar.
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"Third Thursday--C&M’s September Labor & Employment Update: New Obligations for New York Employers," Crowell & Moring Webinar
(September 26, 2019).
Presenters: Ira M. Saxe, Eric Su, and Christine B. Hawes.
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"Navigating Enforcement Activity Regarding Wage Parity Act Compliance in the Home Health Industry," Crowell & Moring Breakfast Seminar, New York, NY
(June 20, 2019).
Presenters: Kelly T. Currie, Brian McGovern, Rebecca Monck Ricigliano, and Eric Su.
Publications
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"U.S. Department Of Labor Issues Proposed Rule On Independent Contractors," Employee Benefit Plan Review
(January 23, 2023).
Authors: Andrew W. Bagley, Thomas P. Gies, Sadina Montani, Jessica S. Nam, and Christopher J. Banks.
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"New Legislation Positions New York To Become A Leading U.S. Chip Production Hub," Westlaw Today
(September 12, 2022).
Authors: Irina Pisareva, and Eric Su.
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"Build Back Better Green Energy Tax Credit Proposals: Labor Laws," Bloomberg Tax
(February 22, 2022).
Authors: Ira M. Saxe, David B. Blair, Eric Su, and Irina Pisareva.
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"New York Judge Invalidates Portions of Labor Department Rule Interpreting Paid Leave Permitted Under Federal Families First Legislation," Employee Benefit Plan Review
(October 2020).
Authors: Eric Su, Thomas P. Gies, Christine B. Hawes, and Katie Erno.
Client Alerts & Newsletters
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"New York Enacts Statewide Pay Transparency Law,"
Labor & Employment Law Alert - US
(January 26, 2023).
Contacts: Kris D. Meade, Rebecca L. Springer, Eric Su, Sadina Montani, Olamide Fadahunsi, Ira M. Saxe
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"Fastest 5 Minutes Special Edition: Infrastructure and Inflation Reduction Act in 2023,"
Podcast: Fastest 5 Minutes in Government Contracts
(January 24, 2023).
Contacts: Adelicia R. Cliffe, Eric Su, David B. Blair, Elizabeth B. Dawson, Tyler A. O'Connor, Peter Eyre
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"New York State Prohibits “No Fault” Attendance Policies,"
Labor & Employment Law Alert - US
(December 23, 2022).
Contacts: Ira M. Saxe, Eric Su, Katie Aber, Rachel Lesser
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"Internal Revenue Service and Department of Labor Issue Guidance on Prevailing Wage and Apprenticeship Requirements Under the Inflation Reduction Act,"
Tax Alert
(December 15, 2022).
Contacts: David B. Blair, Ira M. Saxe, Eric Su, Irina Pisareva, Eric Homsi, Katie Aber
-
"New York City’s Pay Transparency Law Goes Into Effect,"
Labor & Employment Law Alert - US
(November 11, 2022).
Contacts: Kris D. Meade, Rebecca L. Springer, Ira M. Saxe, Eric Su, Sadina Montani, Suzanne E. Rode
-
"U.S. Department of Labor Issues Proposed Rule On Independent Contractors,"
Labor & Employment Law Alert - US
(October 20, 2022).
Contacts: Thomas P. Gies, Eric Su, Sadina Montani, Christopher J. Banks, Andrew W. Bagley, Jessica S. Nam
-
"New York City Issues Proposed Regulations on Law Governing Automated Employment Decision Tools,"
Labor & Employment Law Alert - US
(October 14, 2022).
Contacts: Kris D. Meade, Eric Su, Rebecca L. Springer, Ira M. Saxe, Katie Aber
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"New Legislation Positions New York to Become A Leading U.S. Chip Production Hub,"
Tax Alert
(August 18, 2022).
Contacts: Irina Pisareva, Eric Su
-
"Southwest Airlines Co. v. Saxone: Airline Cargo Loaders Exempt from Arbitration,"
Labor & Employment Law Alert - US
(June 9, 2022).
Contacts: Thomas P. Gies, Eric Su, Ira M. Saxe, Andrew W. Bagley, Jessica S. Nam
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"Morgan vs Sundance: Enforceability of Arbitration Provisions,"
Labor & Employment Law Alert - US
(June 3, 2022).
Contacts: Thomas P. Gies, Eric Su, Ira M. Saxe, Andrew W. Bagley, Cori Schreider
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"Effective Date of the New York City Pay Transparency Law Extended to November 1, 2022,"
Labor & Employment Law Alert - US
(May 17, 2022).
Contacts: Ira M. Saxe, Eric Su, Sadina Montani, Cori Schreider
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"New York State Governor Signs Legislation to Address Workplace Harassment, Discrimination, and Retaliation,"
Labor & Employment Law Alert - US
(March 22, 2022).
Contacts: Eric Su, Katie Erno, Ira M. Saxe, Trina Fairley Barlow, Rebecca L. Springer
-
"Pre-dispute Agreements to Arbitrate Sexual Harassment and Sexual Assault Claims Will Be Voidable Pursuant to Federal Legislation,"
Labor & Employment Law Alert - US
(March 2, 2022).
Contacts: Ellen Moran Dwyer, Thomas P. Gies, Sadina Montani, Rebecca L. Springer, Eric Su, Kimberley Johnson
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"New Jersey Employers Will be Required to Provide Notice Before Making Use of Tracking Devices in Vehicles Used by Employees,"
Labor & Employment Law Alert - US
(February 23, 2022).
Contacts: Eric Su, Ira M. Saxe, Rachel Lesser
-
"President Biden’s Executive Order Mandates Project Labor Agreements for All “Large-Scale” Federal Construction Projects,"
Labor & Employment Law Alert - US
(February 8, 2022).
Contacts: Peter Eyre, Thomas P. Gies, Kris D. Meade, Nicole Owren-Wiest, Eric Su, Jessica S. Nam
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"Employees in New York State May Now Petition Their Employers to Participate in a Shared Work Program as an Alternative to Layoffs,"
Labor & Employment Law Alert - US
(November 1, 2021).
Contacts: Thomas P. Gies, Eric Su, Ira M. Saxe, Katie Erno, Rachel Lesser
-
"EEOC Issues Updated Guidance on COVID-19 Vaccines and the Workplace,"
Labor & Employment Law Alert - US
(November 1, 2021).
Contacts: Kris D. Meade, Thomas P. Gies, Eric Su, Katie Erno, Christine B. Hawes
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"California Implements Greater Restrictions on Employee Settlement, Separation and Other Employment Agreements,"
Labor & Employment Law Alert - US
(October 21, 2021).
Contacts: Ira M. Saxe, Trina Fairley Barlow, Rebecca L. Springer, Eric Su, Suzanne E. Rode, Kimberley Johnson
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"New York State Employers Must Implement Their HERO Act Plans,"
Labor & Employment Law Alert - US
(September 21, 2021).
Contacts: Thomas P. Gies, Eric Su, Ira M. Saxe, Katie Erno, Christine B. Hawes
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"President Biden Announces Six-Pronged Plan to Combat COVID-19, With Implications for Both the Private and Public Sector,"
Labor & Employment Law Alert - US
(September 10, 2021).
Contacts: Peter Eyre, Thomas P. Gies, Eric Su, Daniel W. Wolff, Michelle D. Coleman, Katie Erno, Christine B. Hawes, Kimberley Johnson
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"HERO Act Update: New York State Department of Labor,"
Labor & Employment Law Alert - US
(July 14, 2021).
Contacts: Eric Su, Ira M. Saxe, Thomas P. Gies, Katie Erno, Christine B. Hawes
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"Employers Beware: Biden Executive Order on “Promoting Competition in the American Economy” Could Have Far-Reaching Implications,"
Labor & Employment Law Alert - US
(July 13, 2021).
Contacts: Ellen Moran Dwyer, Kris D. Meade, Trina Fairley Barlow, Thomas P. Gies, Eric Su, Rachel Lesser, Jeane A. Thomas, CIPP/E
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"Amendments to the New York State HERO Act Signed into Law,"
Labor & Employment Law Alert - US
(June 23, 2021).
Contacts: Thomas P. Gies, Ira M. Saxe, Eric Su, Katie Erno, Christine B. Hawes, Jessica S. Nam
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"EEOC Issues Updated Guidance on COVID-19 Vaccines and the Workplace,"
Biden 2021 Series
(June 2, 2021).
Contacts: Thomas P. Gies, Ira M. Saxe, Eric Su, Katie Erno, Christine B. Hawes, Rachel Lesser
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"New York City Establishes Auto-Deduction Retirement Security Program for Certain Private Sector Employees,"
(June 2, 2021).
Contacts: Ira M. Saxe, Eric Su, Jessica S. Nam
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"The New York State HERO Act Imposes Airborne Infectious Disease Exposure Standards on Employers,"
Labor & Employment Law Alert - US
(May 12, 2021).
Contacts: Thomas P. Gies, Ira M. Saxe, Eric Su, Katie Erno, Christine B. Hawes, Jessica S. Nam
-
"The U.S. Department of Labor Repeals Trump-Era Independent Contractor Rule,"
Administrative Law Alert
(May 10, 2021).
Contacts: Thomas P. Gies, Ira M. Saxe, Eric Su, Andrew W. Bagley, Suzanne E. Rode
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"CDC Issues New Guidance for Fully Vaccinated Individuals,"
Labor & Employment Law Alert - US
(May 3, 2021).
Contacts: Thomas P. Gies, Eric Su, Katie Erno, Suzanne E. Rode, Jessica S. Nam
-
"New California Law Requires Re-Hiring of Laid-off Hospitality and Business Services Workers for Open Positions Through 2024,"
Labor & Employment Law Alert - US
(April 28, 2021).
Contacts: Thomas P. Gies, Kris D. Meade, Ira M. Saxe, Eric Su, Suzanne E. Rode, Kimberley Johnson
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"Website Wars: Eleventh Circuit Rules in a Split Decision That Websites are Not Public Accommodations for Purposes of the Americans With Disabilities Act,"
(April 20, 2021).
Contacts: Thomas P. Gies, Ira M. Saxe, Eric Su, Rachel Lesser
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"New York State Requires Employers to Provide Paid Leave to Obtain COVID-19 Vaccinations,"
Labor & Employment Law Alert - US
(March 18, 2021).
Contacts: Kris D. Meade, Trina Fairley Barlow, Thomas P. Gies, Eric Su, Ira M. Saxe
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"The U.S. Department of Labor's Independent Contractor Rule Postponed as the New Administration Reconsiders,"
Administrative Law Alert
(March 9, 2021).
Contacts: Thomas P. Gies, Eric Su, Ira M. Saxe, Andrew W. Bagley, Kimberley Johnson
-
"The House Passes the Equality Act (Yet Again),"
Labor & Employment Law Alert - US
(March 2, 2021).
Contacts: Trina Fairley Barlow, Glenn D. Grant, Eric Su, Ira M. Saxe
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"CDC Updates Its Guidance for Necessary Quarantine Period,"
Labor & Employment Law Alert - US
(December 4, 2020).
Contacts: Trina Fairley Barlow, Thomas P. Gies, Eric Su, Katie Erno
-
"New York Judge Invalidates Portions of DOL Rule Interpreting Paid Leave Permitted Under Federal Families First Legislation,"
Labor & Employment Law Alert - US
(August 4, 2020).
Contacts: Eric Su, Thomas P. Gies, Christine B. Hawes, Katie Erno
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"New York State Enacts Paid Sick Leave Law,"
Labor & Employment Law Alert - US
(May 1, 2020).
Contacts: Eric Su, Ira M. Saxe, Katie Erno, Jillian Ambrose
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"Are Essential Employees Required to Wear Masks/Face Coverings in the Workplace?,"
(April 7, 2020).
Contacts: Ellen Moran Dwyer, Kris D. Meade, Ira M. Saxe, Eric Su, Kimberley Johnson
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"Continued Uncertainty About Employee Leave Under the Families First Coronavirus Response Act,"
Labor & Employment Law Alert - US
(April 6, 2020).
Contacts: Trina Fairley Barlow, Thomas P. Gies, Eric Su, Ira M. Saxe, Christine B. Hawes
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"Payers, Providers, and Patients – Oh My!: What Providers Should Know about COVID-19 (Part 1 – Labor and Employment Issues),"
Podcast: Payers, Providers, and Patients – Oh My!
(March 26, 2020).
Contacts: Eric Su, Payal Nanavati, Joe Records
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"Planning for Temporary Workplace Closures and Related Actions,"
Labor & Employment Law Alert - US
(March 16, 2020).
Contacts: Trina Fairley Barlow, Thomas P. Gies, Kris D. Meade, Eric Su, Ira M. Saxe, Katie Erno, Nicole Janigian Simonian, Jackson C. Pai, Suzanne E. Rode
-
"NYC Considers Regulation of Artificial Intelligence in Hiring,"
Labor & Employment Law Alert - US
(March 13, 2020).
Contacts: Kris D. Meade, Eric Su, Ira M. Saxe, Jillian Ambrose
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"Employer Responses to COVID-19 in Real Time,"
Labor & Employment Law Alert - US
(March 13, 2020).
Contacts: Trina Fairley Barlow, Thomas P. Gies, Kris D. Meade, Eric Su, Ira M. Saxe, Katie Erno, Nicole Janigian Simonian, Jackson C. Pai, Suzanne E. Rode
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"March 21, 2020 Deadline Approaches for Businesses to Comply with New York Data Privacy Act Safeguards,"
Labor & Employment Law Alert - US
(March 11, 2020).
Contacts: Eric Su, Ira M. Saxe, Jillian Ambrose
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"The Month in Wage & Hour – January 2020,"
Labor & Employment Law Alert - US
(January 22, 2020).
Contacts: Thomas P. Gies, Eric Su, Ira M. Saxe, Andrew W. Bagley, Jillian Ambrose
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"The Month in Wage & Hour – November 2019,"
Labor & Employment Law Alert - US
(November 22, 2019).
Contacts: Thomas P. Gies, Eric Su, Ira M. Saxe, Andrew W. Bagley, Jillian Ambrose, Kimberley Johnson
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"President Trump Revokes Obama-Era Executive Order Requiring Successor Service Contractors to Offer Right of First Refusal of Employment to Certain Qualified Workers of Predecessor Contractors,"
Labor & Employment Law Alert - US
(November 6, 2019).
Contacts: Trina Fairley Barlow, Eric Su, Kris D. Meade
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"New York State Expands Employer Obligations and Liability for Workplace Harassment,"
(August 15, 2019).
Contacts: Ellen Moran Dwyer, Trina Fairley Barlow, Rebecca Monck Ricigliano, Eric Su, Ira M. Saxe, Suzanne E. Rode
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"New Jersey Enacts Salary History Ban,"
Labor & Employment Law Alert - US
(July 30, 2019).
Contacts: Kris D. Meade, Rebecca Monck Ricigliano, Rebecca L. Springer, Eric Su, Ira M. Saxe, Jillian Ambrose
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"New York State Expands Prohibitions on Wage and Salary History Discrimination,"
Labor & Employment Law Alert - US
(July 16, 2019).
Contacts: Eric Su, Ira M. Saxe, Kris D. Meade, Rebecca L. Springer
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"The New Wage and Hour Administrator of the United States Department of Labor Issued Three New Opinion Letters,"
Labor & Employment Law Alert - US
(July 15, 2019).
Contacts: Eric Su, Jillian Ambrose, Thomas P. Gies, Ira M. Saxe
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"Connecticut Enacts a Paid Family Leave Law With the Highest Wage-Replacement Rate in the Nation,"
Labor & Employment Law Alert - US
(July 9, 2019).
Contacts: Eric Su, Ira M. Saxe, Trina Fairley Barlow, Paul Mourning, Kimberley Johnson
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"Title VII Claim Proceeds Despite Failure to Amend EEOC Charge,"
Labor & Employment Law Alert - US
(June 10, 2019).
Contacts: Ellen Moran Dwyer, Rebecca L. Springer, Eric Su, Ira M. Saxe
Press Coverage
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Billions In Federal Spending Guided By Prevailing Wage Rules
April 22, 2022 — Law360
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Kronos Hack Wage Suits Show Legal Risks Of Payroll Outsourcing
March 30, 2022 — Bloomberg Law
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NYC AI Bias Bill May Be Compliance Headache For Employers
December 3, 2021 — Law360
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The Dotted Line: Beefing Up Davis-Bacon Compliance
March 29, 2021 — Construction Dive
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Trump Administration To Examine Limiting Coronavirus Liability With 'Guardrail'
April 22, 2020 — PYMNTS
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Wednesday Lease Deadline Looms For Retail
March 30, 2020 — PYMNTS.COM
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The Three Big Legal Issues Retailers Face From The Coronavirus
March 20, 2020 — PYMNTS.com
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Docs Fight A Noncompete Clause And Lose, Could You Get Stuck Too?
March 3, 2020 — MedScape
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Former Head Of FordHarrison's New York Office Joins Crowell & Moring
May 30, 2019 — New York Law Journal
Firm News & Announcements