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Tal Marnin provides counsel to employers on a full range of employment law matters, including those relating to: the hiring of new employees; complying with federal, state and local employment laws (e.g., the ADA, ADEA, FLSA, FMLA, IRCA, Title VII and WARN); preventing discrimination and harassment in the workplace; conducting workplace investigations; wage and hour issues; restrictive covenants; and individual terminations and reductions-in-force. Tal has extensive knowledge in advising clients on restructurings and downsizings (including mass layoffs and plant closings under the federal Worker Adjustment and Retraining Notification Act and similar state laws) and employment issues arising from mergers & acquisitions.
Tal defends employers against claims relating to breach of contract, discrimination and harassment, wage and hour and wrongful termination in forums such as the state and federal courts, the US Equal Employment Opportunity Commission, the New York State Division of Human Rights, FINRA and JAMS.
Tal also provides company-wide training seminars on preventing harassment and discrimination in the workplace, as well as seminars for managers and for members of the Human Resources and Legal Departments on topics such as handling complaints of discrimination and harassment, conducting workplace investigations and complying with employment laws.
Compliance with Laws: Provided counsel to the Human Resources and Legal departments of a major foreign bank on all employment law matters arising in its offices throughout the US; and provided counsel to various companies regarding employee handbooks and other employment policies and procedures, including, for example, policies prohibiting harassment and discrimination.
Corporate Restructurings, Plant Closings and Reductions-in-Force: Provided counsel to one of the world's largest credit card payment processing companies on employment issues arising from a corporate restructuring; provided counsel to a major energy company regarding a large reduction-in-force, including possible issues under federal and state WARN Acts; provided counsel to companies regarding the relocation of operations and employees, including issues regarding compliance with the federal WARN Act; and routinely provided counsel to companies throughout the US regarding group layoffs.
EEOC/NYSDHR: Represented a hedge fund against claims of race discrimination and retaliation (with the EEOC finding that it could not conclude that there was any violation of law); represented an airline against claims of race and color discrimination (with the NYS Division of Human Rights finding No Probable Cause); and represented a high-end NYC restaurant against claims of disability discrimination (with the EEOC finding No Reasonable Cause).
Employee Raiding Claim: Represented major financial institution in a lengthy FINRA arbitration against a competing financial institution and certain former employees arising from unfair competition, solicitation and other conduct, resulting in an award of $17.8 million in favor of our client and complete denial of counterclaims asserted by certain of the former employees. http://finraawardsonline.finra.org/Search/ViewDocument/88172 (FINRA award dated June 16, 2015).
Employee Raiding Claim: Represented major financial institution in a FINRA arbitration against a competing financial institution and certain former employees arising from unfair competition, breach of fiduciary duty and other conduct, resulting in an award of $24.49 million in favor of our client (including $10.85 million in punitive damages) and complete denial of counterclaims asserted by certain of the former employees. https://www.finra.org/sites/default/files/aao_documents/15-02708.pdf (FINRA award dated January 13, 2017).
International: Provided counsel to multinational companies regarding claims of wrongful termination by expatriate employees in countries such as Brazil, Mexico, the Netherlands and the United Kingdom and claims by an employee in Japan of sexual harassment against a US-based employee; and provided counsel to multinational companies on termination requirements and H1N1 flu policies in various countries.
Litigation: Defended a major advertising agency in federal district court against claims of wrongful termination, unjust enrichment and intentional infliction of emotional distress (resulting in the dismissal of all claims except for a claim for payment of certain small benefits that was not contested by the company); defended a major advertising agency before the 2nd Circuit Court of Appeals against ERISA-based claims (resulting in the Court affirming the lower court's grant of summary judgment to the company); represented a large manufacturing company against claims of race and national origin discrimination in the Circuit Court of Michigan (resulting in a favorable settlement after mediation and the filing of a motion for summary judgment on behalf of the company); and defended a major provider of financial advisory services in class action litigation filed in the NY Supreme Court alleging unlawful wage deductions, resulting in the Court granting defendants' motion to dismiss based on forum selection clauses contained in the employment agreements.
Mergers & Acquisitions: Advise clients in all employment-related aspects of M&A transactions, including due diligence, negotiation of employment covenants, reps and warranties, post-M&A indemnification claims relating to employment matters, on the one hand, and issues relating to hiring, retention and other integration, plant closings and reductions-in-force and restrictive covenants.
Outsourcing: Provided counsel to a major foreign bank regarding the outsourcing of certain divisions that included a large number of employees, including issues regarding the federal WARN Act.
Restrictive Covenants: Represented a major advertising agency in seeking a preliminary injunction against a group of former employees relating to theft of trade secrets, copyright infringement, unfair competition, conversion and breaches of fiduciary duty and confidentiality (resulting in a favorable settlement); and represented a major financial institution in connection with claims against a group of former employees for breach of confidentiality and noncompetition obligations (resulting in a favorable settlement).
Training Seminars: Provided company-wide training seminars to hedge funds, asset managers and investment banks on preventing harassment and discrimination in the workplace.
Wage and Hour: Represented a company in connection with an audit by the US Department of Labor regarding possible misclassification of employees and back overtime pay; and provided counsel to companies regarding issues related to the possible misclassification of employees, if applicable; and defended a major provider of financial advisory services in class action litigation filed in the NY Supreme Court alleging unlawful wage deductions, resulting in the Court granting defendants' motion to dismiss based on forum selection clauses contained in the employment agreements.