Roy P. Salins

Advice and Counsel

Conduct and advise on workplace investigations

Conduct and guide human resources workplace investigations into employee complaints of harassment, discrimination, and retaliation. (Ongoing)

Advise on employee leaves of absences

Advising on employee leaves-of-absence issues under New York and federal law, including FMLA, ADA, New York Paid Family Leave, New York City Paid Safe and Sick Time, and workers’ compensation. (Ongoing)

Advise on exemption and misclassification issues

Advising large and small companies on issues related to classification of employees as exempt from overtime and other wage-hour requirements, and on classification of independent contractors. (Ongoing)

Advise on investigations, discipline/separation, and wage-hour issues

Advising wide range of companies on workplace investigations related to misconduct, policy violations, and workplace harassment; employee discipline arising from policy violations; wage-hour policies and practices, including meal and rest break and overtime issues; and on issues related to separation of employment, including final pay, layoffs, and terminations. (Ongoing)

Draft/revise employee handbooks and related workplace policies

Prepares and reviews employee handbooks compliant with New York and federal law, including on wage-hour policies and anti-harassment policies. (Ongoing)

Single Plaintiff Litigation

Defending television broadcasting company in a gender/race discrimination and retaliation action brought by a former commercial traffic employee. (Ongoing)

Defending cosmetics company in a disability discrimination action brought by a former location manager. (Ongoing)

Defending online publisher in breach of contract action brought by former head of sales for unpaid commissions (Ongoing)

Defending university in a national origin discrimination action brought by a former adjunct professor of Korean descent in its Asian Studies department. Won pre-answer motion to dismiss

Defending nationwide retail bank in an age discrimination and retaliation action brought by a former customer service representative. Settled on favorable terms before discovery.

Defending university in a hybrid action under Section 301 of the Labor Management Relations Act alleging breach of contract against the university. Won pre-answer motion to dismiss.

Defending nationwide retail bank in a disability discrimination action brought by a former customer service representative. Settled on favorable terms before discovery.

Defending national retail bank in a disability discrimination action brought by a former personal banker. Settled on favorable terms before discovery.

Defending high net worth individual against oil company seeking to recoup signing bonus. Settled on favorable terms before trial.

Defending university in religious discrimination and retaliation action brought by a former campus coordinator. Won summary judgment on all claims, which was affirmed by Second Circuit.

Defending nationwide clothing retailer in FMLA interference and FMLA retaliation action brought by a former store manager. Won summary judgment on all claims.

Defending investment bank in equal pay act, gender discrimination and retaliation action brought by a former female executive. Won summary judgment on all claims.

Class Action and Multi-Plaintiff Defense

Defending cookie manufacturer in wage and hour class action related to alleged failure to pay spread of hours and rest breaks. Negotiated settlement at mediation and awaiting court approval. (Ongoing)

Defending university in age discrimination and retaliation action brought by two former business school professors. Won summary judgment on all claims.

Defending country club in wage and hour class action related to alleged failure to pay service charges to food service workers at catering events held at the club. After negotiating the terms of discovery stay and pre-mediation sharing of information, obtained a favorable settlement on a class basis at mediation.

Defending food-delivery trucking company in threatened wage and hour class action related to alleged misclassification of drivers as exempt from overtime. Negotiated pre-litigation settlement before class action was filed.

Defending nationwide bookstore in wage and hour class action related to alleged misclassification of assistant store managers as exempt from overtime. After opposing plaintiffs’ motion for class certification, the matter was resolved on very favorable terms before the Court issued its decision.

Defending university in an age discrimination and retaliation action brought by three current business school professors. Won summary judgment on all claims.

Defending cable television station in gender/race discrimination, pay disparity and retaliation action brought by two former advertising salesperson alleging harassment and discrimination on the basis of race and gender (including disparate pay, wrongful discharge, and retaliation claims). Negotiated favorable settlement with second plaintiff after winning summary judgment on co-plaintiff.

Restrictive Covenants

Providing day-to-day counseling on restrictive covenant issues, including to nationwide radio station broadcasting company and nationwide blood testing company. (Ongoing)

Drafting of, and responding to, cease and desist letters related to non-compete, non-solicitation, and confidentiality provisions in employment agreements. (Ongoing)

Defending two mortgage brokers of nationwide mortgage lending company against non-solicitation complaint brought by their former employer, a competitor nationwide mortgage lending company. Negotiated settlement before arbitration hearing.

Prosecuted a non-compete and non-solicitation arbitration and TRO proceeding on behalf of blood testing laboratory against hospital. Negotiated settlement before arbitration hearing.

Prosecuted a non-compete and non-solicitation litigation and TRO proceeding on behalf of a broker-dealer against former registered representatives, which included the granting of partial preliminary injunction prohibiting the registered representatives from contacting the broker-dealer’s customers. After obtaining the partial preliminary injunction, the case settled on favorable terms.

Obtained a preliminary injunction enforcing a two-year post-employment restrictive covenant in favor of an electronic payment processing company and against a senior-level employee who resigned his employment with the intent of commencing employment with a competitor.