PRACTICE AREAS


Howard S. Lavin concentrates in employment and labor law matters. He has represented employers in federal and state court litigation, administrative hearings, arbitrations, collective bargaining negotiations, and wage and hour proceedings and audits. Mr. Lavin assists employers in structuring and negotiating compensation and severance packages for executives, developing personnel policies and procedures and, in the case of several clients, has created a “virtual” human resources department. He provides advice and counsel regarding discipline and discharge issues, discrimination claims, diversity, and workplace monitoring. He also represents employers in workers compensation matters, including rate service issues. While his practice is varied, Mr. Lavin has particular expertise in employment litigation, conducting downsizings, wage and hour matters, and the labor and employment ramifications of mergers, acquisitions and similar transactions.

Mr. Lavin’s clients include hospitals, health maintenance organizations, hedge funds, investment banks, manufacturers, advertising agencies, warehouse and distribution companies, as well as portfolio companies of financial investors. He regularly conducts management and supervisor training seminars on topics such as sexual harassment, employment discrimination and union avoidance and has lectured extensively on a variety of labor and employment law topics for labor lawyers and human resource specialists.


MEMBERSHIPS

  • Member, Labor and Employment Section, New York State Bar Association

SPEECHES & EVENTS

  • Speaker, "Prevent, Detect, Correct: Creating and Sustaining a Work Environment Free from Unlawful Harassment and Unwanted Lawsuits," Practising Law Institute, April 10, 2018
  • Panelist, "Challenges in the World of #MeToo: Reacting Quickly and Responsibly," Stroock & Stroock & Lavan LLP, March 20, 2018
  • Panelist, "NYS Paid Family Leave Act," ILR School Cornell University, November 29, 2017
  • Speaker, “Employee vs. Independent Contractor: A Distinction With A Difference,” 2014 Annual AMCOMP Meeting, March 27-28, 2014
  • Speaker, "Misclassified Workers: Employee or Independent Contractor?" New York State Society of Certified Public Accountants: Entertainment, Arts and Sports Committee Meeting, New York, NY, February 27, 2013
  • Speaker, "Be Careful Who You 'Like:' Legal and Ethical Implications of Social Media Use in the Workplace and Employment and Labor Litigation," Seton Hall Law School, February 5, 2013
  • Speaker, "New York State Domestic Workers Bill of Rights and Wage Theft Prevention Act," New York Tax Study Group, June 25, 2012
  • Presenter, "The NLRB 'Un-friended' and Does Not 'Like' Your Company's Social Media Policy," Stroock Investment Management Group CLE, June 11, 2012
  • Speaker, "Employee vs. Independent Contractor: A Distinction With a Difference," Real Estate Board of New York, October 18, 2010
  • Speaker, "Worker Misclassification," Ultimate Software HR Workshop, June 17, 2010
  • Speaker, "Recent Developments Under the ADA," Continuing Legal Education Seminar, co-sponsored by Community Housing Improvement Program, Inc. and New York County Lawyers' Association, March 3, 2010
  • Presenter, "US Supreme Court Update," Hartford Financial Products, Inc., July 29, 2008
  • Speaker, "Investigating Discrimination and Harassment Claims," New York Guard Continuing Legal Education Series, April 27, 2005

PUBLICATIONS

  • Co-author, "Governor Cuomo Signs 2019 Budget Bill With Significant Provisions Addressing Workplace Sexual Harassment Claims," Stroock Special Bulletin, April 17, 2018
  • Co-author, "Second Circuit Finds Sexual Orientation Discrimination Actionable Under Title VII," Stroock Special Bulletin, March 7, 2018
  • Co-author, "The Fourth Circuit Announces a New Test for Determining Joint Employer Liability Under the FLSA," Employee Relations Law Journal, Winter 2017, Vol. 43, No. 3
  • Co-author, "New York Paid Family Leave Law Takes Effect on January 1, 2018, " Stroock Special Bulletin, December 4, 2017
  • Co-author, "U.S. Department of Labor To Revisit FLSA Overtime Regulations," Stroock Special Bulletin, September 18, 2017
  • Co-author, "Married on Saturday and Fired on Monday? The Seventh Circuit Holds That Title VII Prohibits Sexual Orientation Discrimination and Creates a Circuit Split," Employee Relations Law Journal, Autumn 2017, Vol. 43, No. 2
  • Co-author, "Splitting the Difference: Are Sub-Group Claims Cognizable Under the ADEA?" Employee Relations Law Journal, Summer 2017, Vol. 43, No. 1
  • Co-author, "Are Class Waivers Enforceable? The Circuits are Split," Employee Relations Law Journal, Spring 2017, Vol. 42, No. 4
  • Co-author, "Recent Developments in U.S. Department of Labor Overtime Regulations and Impact for New York Employers," Stroock Special Bulletin, January 11, 2017
  • Co-author, "When Can a Manager Assert a Retaliation Claim Under the FLSA?" Employee Relations Law Journal, Winter 2016, Vol. 42, No. 3
  • Co-author, "Intern or Employee? The Circuits Are Split," Employee Relations Law Journal, Autumn 2016, Vol. 42, No. 2
  • Co-author, "Split Circuits: When are meals compensable under the Fair Labors Standards Act?" Employee Relations Law Journal, Summer 2016, Vol. 42, No. 1
  • Co-author, "DOL Issues Sweeping Changes to FLSA Regulations," Stroock Special Bulletin, May 19, 2016
  • Co-author, "New York Passes Landmark Employee Rights Laws," Stroock Special Bulletin, April 11, 2016
  • Co-author, "Second and Fifth Circuits Split on Who is Entitled to Whistleblower Protection Under Dodd-Frank," Employee Relations Law Journal, Spring 2016, Vol. 41, No. 4
  • Co-author, "When Is It Too Soon To Sue?" Employee Relations Law Journal, Winter 2015, Vol. 41, No. 3 
  • Co-author, "Ninth Circuit Splits on Overtime for Dealership Workers," Employee Relations Law Journal, Autumn 2015, Vol. 41, No. 2
  • Co-author, "U.S. Supreme Court to Resolve Circuit Split over the Scope of Protection Provided by the Pregnancy Discrimination Act," Employee Relations Law Journal, Summer 2015, Vol. 41, No. 1
  • Co-author, "New York City Puts Check On Employers’ Use Of Consumer Credit History," Stroock Special Bulletin, May 18, 2015
  • Co-author, "SEC Announces First Whistleblower Protection Case Based on Confidentiality Agreement: Employers Take Note – Do Your Employment-Related Documents Impede Employees' Ability to Engage in Whistleblowing Process?" Stroock Special Bulletin, April 8, 2015
  • "Social Media: The New Big Tool for Union Organizing?" Bloomberg/BNA - Labor and Employment Blog, February 13, 2015
  • Co-author, "New York State Amends the Wage Theft Prevention Act," Stroock Special Bulletin, January 12, 2015
  • Co-author, "National Labor Relations Board Rules That Employers May Not Ban Non-Work Use of Employer-Provided Email," Stroock Special Bulletin, December 16, 2014
  • Co-author, "Supreme Court Takes Up Judicial Review of EEOC Conciliation Efforts with Mach Speed," Employee Relations Law Journal, Winter 2014, Vol. 40, No. 3
  • Co-author, "Can a For-Profit, Secular Corporate Employer Exercise Religion?" Employee Relations Law Journal, Spring 2014, Volume 39, No. 4
  • Co-author, "New York City Employers Must Provide a Reasonable Accommodation for Pregnancy, Childbirth and Related Medical Conditions of its Employees," Stroock Special Bulletin, January 27, 2014
  • Co-author, "Split Circuits: Are Volunteers 'Employees' for Purposes of Title VII?" Employee Relations Law Journal, Winter 2013, Vol. 39, No. 3
  • Co-author, "Split Circuits: The Golden Rule," Employee Relations Law Journal, Autumn 2013, Vol. 39, No. 2
  • Co-author, "Can Something Intangible Be a 'Thing of Value'? The Permissibility of Neutrality Agreements under The Labor Management Relations Act," Employee Relations Law Journal - Split Circuits, Summer 2013
  • Co-author, "Split Circuits: The Accidental Amendment," Employee Relations Law Journal, Spring 2013
  • Co-author, "Are You My Supervisor?: The Scope of Supervisory Authority Under Title VII," Employee Relations Law Journal, Winter 2012
  • "NLRB 'Un-friended' Your Company's Social Media Policy," Global Reference Guide 2012: Employment & Human Resources
  • Co-author, "Circuits Split on Definition of a 'Disability-Related Inquiry,'" Employee Relations Law Journal, Autumn 2012
  • Co-author, "Questioning 'Authority': Courts Split on What it Means to Access Computers 'Without Authorization' Under the Computer Fraud and Abuse Act," Employee Relations Law Journal, Summer 2012
  • Co-author, "Prescription for Confusion: Second and Ninth Circuits Split on Exempt Status of Pharmaceutical Sales Representatives," Employee Relations Law Journal, Spring 2012
  • Co-author, "EEOC Issues Guidance on Consideration of Arrest and Conviction Records in Employment Decisions," Stroock Special Bulletin, May 16, 2012
  • Co-author, "Domestic Workers' Bill of Rights and Wage Theft Prevention Act," Stroock Special Bulletin, January 19, 2012
  • Co-author, "Requirements for Notice and Acknowledgement of Pay Rate and Payday," Stroock Special Bulletin, January 5, 2012
  • Co-author, "Malicious Charges: Protected Activity or Punishable," Employee Relations Law Journal, Autumn 2011
  • Co-author, "Who Is an Employer for Purposes of MPPAA," Employee Relations Law Journal, Summer 2011
  • Co-author, "To Reassign or Not to Reassign," Employee Relations Law Journal, Spring 2011
  • Co-author, "Are Informal Complaints Protected Activity Under the FLSA Retaliation Provision?" Employee Relations Law Journal, Winter 2010
  • Co-author, "Split Circuits: Do 100%-Healed Policies Violate The ADA?" Employee Relations Law Journal, Autumn 2010
  • Co-author, "Split Circuits: Who is the Arbiter of Arbitrability?" Employee Relations Law Journal, Summer 2010
  • Co-author, "Split Circuits: Are Compensatory Damages Available for ADA Retaliation Claims?" Employee Relations Law Journal, Spring 2010
  • Co-author, "Split Circuits: Circuits Split on Whether Two-Member NLRB Decisions Are Binding" Employee Relations Law Journal, Winter 2009
  • Co-author, "Split Circuits: Supreme Court's Denial of Certiorari in Hervey Leaves Circuits Not 'Similarly Situated,'" Employee Relations Law Journal, Autumn 2009
  • Co-author, "Split Circuits: Does the ADEA Require Direct Evidence in Mixed Motive Cases?" Employee Relations Law Journal, Summer 2009
  • Co-author, "Vail v. Raybestos: Seventh Circuit Supports 'Honest Suspicion' Defense," EmploymentLaw360, November 14, 2008
  • Co-author, "Split Circuits: Does Charging Party's Receipt of a Right-To-Sue Letter and Commencement of a Lawsuit Divest the EEOC of its Investigative Authority over That Charge?" Employee Relations Law Journal, Winter 2008
  • Co-author, "Chapter 3: Employee or Independent Contractor: A Distinction With a Difference," Human Resources 2008, Thompson, Winter Edition

ADMITTED TO PRACTICE

New York, 1983

U.S. District Court, Eastern District of New York, 1983; U.S. District Court, Southern District of New York, 1983


EDUCATION

J.D., Emory University School of Law, 1982

B.S., Cornell University School of Industrial and Labor Relations, 1979

 

PUBLICATIONS

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