Wage and Hour Practice
The Labor and Employment Practice Group advises clients on matters concerning federal and state wage and hour law issues involving the classification of employees as exempt or non-exempt employees; the determination of independent contractor status; the negotiation and execution of executive compensation and other employment agreements; the proper calculation of overtime and other premium pay obligations; the determination of prevailing wage rates for government contractors; the proper recording of employee work time and maintenance of wage and hour records; the establishment of severance pay plans, policies and practices; the review and negotiation of separation agreements and general releases; the review and implementation of plant closing and “mass” layoff notice obligations; the right of employees to receive unemployment compensation; and the establishment and interpretation of vacation, sick leave and other paid leave policies and practices. The Group represents clients in federal and state court litigation and agency proceedings involving these wage and hour issues, including litigation involving class and collective action claims. The Group also represents employers in agency investigations and audits conducted by the Wage and Hour Division of the U.S. Department of Labor, and the N.Y.S. Department of Labor, among other agencies.
The Firm's Labor and Employment Practice Group represents clients in federal and state court litigation and agency proceedings involving employment discrimination, harassment and retaliation claims, unfair labor practices and union representation cases, and other employment-related causes of actions. Our Group also represents clients before the U.S. Department of Labor, the Equal Employment Opportunity Commission, the National Labor Relations Board, the N.Y.S. Department of Labor and the N.Y.S. Division of Human Rights, among other agencies, in proceedings concerning labor and employment related claims arising under federal, state and local laws. In addition, the Group represents clients in arbitrations involving claims arising under collective bargaining agreements and individual employment contracts. For more information concerning the Labor and Employment Practice Group, please visit the Group’s web page at https://www.bpslaw.com/practice/labor-and-employment/.
Joseph DeGiuseppe Jr.
Mr. DeGiuseppe is the head of our Labor and Employment and Immigration Practice Groups. He has over 35 years’ experience in representing and advising Fortune 500 companies and other corporate clients in labor, employment and immigration law, including 14 years of experience at Skadden Arps and more than 6 years of experience at Jackson Lewis.
Mr. DeGiuseppe advises clients on all aspects of labor and employment law, including employment terminations and discipline, reductions-in-force, personnel policies and practices, employee benefit cases and collective bargaining negotiations. He has acted as lead counsel on significant employment discrimination law cases, wage and hour cases and collective actions, non-competition cases and arbitration proceedings.
- Fordham University School of Law, J.D.
- Editor-in-Chief, Volume V of the Fordham Urban Law Journal
- Fordham University, B.A.
- New York
- U.S. District Courts for the Eastern, Northern and Southern Districts of New York
- U.S. District Court for the District of Connecticut
- U.S. Court of Appeals for the Second Circuit
- U.S. Supreme Court
- New York State Bar Association
- New York City Bar Association
- Westchester County Bar Association
- American Immigration Lawyers Association
- Martindale-Hubbell Peer Review Rating: AV® Preeminent (5.0 out of 5)
- New York Metro Super Lawyers 2013 - 2017 (Labor & Employment)
- 2018 Best Lawyers in America (Labor and Employment Law)
- 2013-2017 Top Rated Lawyer in Labor & Employment (American Lawyer Media and Martindale-Hubbell)