Attorney
Louis Ginsberg, Esq. has practiced employment law for his entire twenty-six (26) year career. The firm has offices in Roslyn, Long Island and in New York City, N.Y.
Louis Ginsberg, Esq. has had much success in litigating many wage and hour class actions. For example, in Siewharack v. Queens Long Island Medical Group, P.C., (11 cv 03603 (WFK)(ARL)) Louis Ginsberg served as Co-Lead Counsel for a class of approximately 2,500 current and former employees who brought claims under the Federal Fair Labor Standards Act and NYLL for unpaid straight and overtime wages. In that case, the Honorable William F. Kuntz of the United States District Court for the Eastern District of New York certified the class for settlement purposes, appointed the Law Firm of Louis Ginsberg, P.C. as co-lead Counsel, and approved a $2.45 million settlement.
Likewise, Louis Ginsberg served as co-lead counsel in successfully litigating another wage and hour class action on behalf of a group of about 165 employees in Ludwig v. Pret A Manger, (11 cv 5677 (BSJ)(AJP)). In that case, the Honorable Barbara S. Jones of the United States District Court for the Southern District of New York, also certified a class for settlement purposes, appointed the Law Firm of Louis Ginsberg, P.C. as co-lead Counsel, and approved a settlement of $299,000. During the Fairness Hearing, Judge Jones complimented Plaintiff’s Counsel in stating the following:
“…I do believe that there were some issues in the case, legal issues that were complex and I think that this is an excellent result and that, counsel, you have been able to achieve that excellent result quickly…”
“…I think the most striking part of this settlement is what you have emphasized…which is that each of the members of this collective action is going to receive virtually full recovery for their claim which could not be a more excellent result.” “Each of the firms before me do have experience, substantial experience in prosecuting wage-and-hour actions such as this.”
Likewise, on August 1, 2014, in granting Federal Rule of Civil Procedure 23 Class Certification to three (3) subclasses of about 1,700 employees, and appointing the Law Firm of Louis Ginsberg, P.C. as Co-Lead Counsel for the Class, Federal Judge John G. Koeltl of the United States District Court for the Southern District of New York noted that “Plaintiffs’ counsel has pursued a number of similar actions and has vigorously litigated the action before this Court.” See Ramirez v. Riverbay, 2014 WL 3800886 at *7 (S.D.N.Y. 2014). Louis Ginsberg has litigated numerous other wage and hour class actions against companies such as Apple, J.C. Penney, DHL, and Autozone.
Mr. Ginsberg focuses his practice to employment law and has been involved in cases in the United States Supreme Court, in Federal and State Courts nationwide, and before Federal, State and Local government agencies, such as the Equal Employment Opportunity Commission, the Department of Labor, the New York City Commission on Human Rights and the New York State Division of Human Rights. In addition, Mr. Ginsberg handled a case in the United States Congress.
Mr. Ginsberg’s extensive employment law experience includes successfully representing a United States Congressman who was accused of sexual harassment, race and disability discrimination and successfully representing an Amicus Curiae before the United States Supreme Court in Gilmer v. Interstate Johnson Lane Corp., the decision upholding the use of arbitration in employment cases.
Mr. Ginsberg and his staff of employment law attorneys have represented clients in the fields of Investment Banking, Finance, Professional Sports, Entertainment, Fashion, Medicine, Advertising and the Internet, just to name a few. Mr. Ginsberg’s clients include a U.S. Open winner, and an Olympic Gold Medalist and Professional Basketball Player.
Mr. Ginsberg has litigated all types of employment and contract disputes including cases involving discrimination due to race, color, sex, sexual orientation, gender, pregnancy, age, disability, religion, ethnicity and national origin. He has also litigated sexual harassment cases, as well as cases involving wrongful termination , wage and overtime pay issues, non-competition clauses, breach of contract, promissory estoppel, fraud, defamation, tortious interference with business relations and other related claims.
Mr. Ginsberg also has extensive experience in the negotiation, drafting and implementation of employment contracts including, but not limited to, Employment Contracts, Endorsement Contracts, Severance Agreements, Airplane Fractional Interest Programs and Leasing Arrangements, Stocks, Options and other business related Agreements. He has also drafted Employee Handbooks and all types of personnel policies and workplace rules.
Mr. Ginsberg has authored articles or been quoted in numerous publications such as The American Banker, Working Woman Magazine, The New York Law Journal, The Bureau of National Affair’s Daily Labor Report, HR Magazine, The Employment Law Reporter, and The Metropolitan Corporate Counsel. His cases have been discussed in the N.Y. Daily News, New York Post and Staten Island Advance.
He has lectured on Employment and Labor issues throughout New York State and has served on the New York Chamber of Commerce Human Resources Committee. Also, Mr. Ginsberg is a member of the Nassau County Bar Association.
Mr. Ginsberg received degrees from the University of Chicago Law School and Binghamton University (Summa Cum Laude, Phi Beta Kappa).
Landmark Court Cases-
Mr. Ginsberg has won numerous interesting court cases including many that have been published and received media attention. Several of Mr. Ginsberg’s court victories have established new and important law in the field of New York employment law and have been cited by other courts. These decisions include:
1. Lucarelli v. New York Mercantile Exchange,
24 A.D. 3d 117, 804 N.Y.S.2d 741 (New York Appellate Division, 2005).
Under New York employment law, the New York State Appellate Court ruled that a female employee could sue the Stock Exchange for sexual harassment in the workplace. The Stock Exchange had argued it was immune from sexual harassment lawsuits because it was shielded by the Federal Commodity Exchange Act which gave the Stock Exchange a special status. Both the trial court and the appellate court rejected the immunity defense. This decision helped protect women and men working on Wall Street.
2. Farrugia v. North Shore Hospital,
13 Misc. 3d 740, 820 N.Y.S.2d 718 (Supreme Court of New York County 2006).
Under New York employment law, the New York County Supreme Court ruled that a man could establish a sexual harassment case against a woman (and vice versa) merely by showing unwelcome sexual harassment based on sex. The traditional requirement that the harassment be severe and pervasive is not necessary to establish liability. This decision greatly expanded the New York City Human Rights Law on sexual harassment and made it easier for both women and men to protect themselves in the workplace.
3. Grullon v. South Bronx Overall Economic Development Corp.,
185 Misc. 2d 645, 712 N.Y.S.2d 911 (Civil Court New York County 2000).
After a successful jury verdict in New York County Civil Court under New York employment law, which found that a recovering alcoholic was unlawfully fired based on his disability, the court ruled that the plaintiff could prove his case based on his own testimony alone without the need for a medical expert. This decision made it less costly and easier for people working with disabilities to protect their rights in the workplace under New York employment law.
4. Buffong v. Castle on the Hudson,
12 Misc. 3d 1193, 824 N.Y.S.2d 752 (Supreme Court, Westchester County, 2005).
Under New York employment law, the Westchester County Supreme Court ruled that a transgendered person could sue under the New York State Human Rights Law for employment discrimination. The New York State Human Rights Law statute was later amended to cover transgendered employees.