Fanny A. Ferdman

Counsel

New York
T +1.212.589.4283
F +1.212.589.4201

Overview

Fanny Ferdman is an employment law counselor, focusing her practice on day-to-day workplace issues for a range of industries, with significant experience in the hospitality and retail industries. She regularly advises clients on a variety of employment-related issues, with a focus on the avoidance of litigation. Fanny conducts internal human resources and wage and hour audits, and drafts and revises various types of employment-related documents. She also provides workplace trainings for employees and management alike. In addition to counseling clients, she represents clients before administrative agencies on various employment-related issues.

Select Experience

  • Provides advice and counsel to employers, human resources and legal departments on all aspects of the employer-employee relationship (including but not limited to the hiring and onboarding of employees, employee classifications, employee compensation, employee leaves of absence, employment accommodation issues, employee complaints, and employee discipline and terminations) for compliance with federal, state and city employment laws, thereby avoiding discrimination, harassment and retaliation claims (among others).
  • Prepares employment-related documents and forms (such as employment applications, offer letters, policies and procedures, employee handbooks) and various agreements (including executive, independent contractor, commission, separation/severance, confidentiality, non-compete, non-solicitation and settlement agreements) in all industries.
  • Regularly counsels clients related to federal and state wage and hour issues (including calculation of pay, overtime, meal and rest periods, tip reporting, tip pools, application of tip credits, service charges and administrative fees, off-the-clock work, travel time, rounding practices, wage deductions, misclassification of employees, independent contractors, interns, and other wage laws), thereby avoiding wage and hour claims. Notably, provides strategic counsel and representation regarding city and state sick and family leave laws.
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Experience

  • Provides advice and counsel to employers, human resources and legal departments on all aspects of the employer-employee relationship (including but not limited to the hiring and onboarding of employees, employee classifications, employee compensation, employee leaves of absence, employment accommodation issues, employee complaints, and employee discipline and terminations) for compliance with federal, state and city employment laws, thereby avoiding discrimination, harassment and retaliation claims (among others).
  • Prepares employment-related documents and forms (such as employment applications, offer letters, policies and procedures, employee handbooks) and various agreements (including executive, independent contractor, commission, separation/severance, confidentiality, non-compete, non-solicitation and settlement agreements) in all industries.
  • Regularly counsels clients related to federal and state wage and hour issues (including calculation of pay, overtime, meal and rest periods, tip reporting, tip pools, application of tip credits, service charges and administrative fees, off-the-clock work, travel time, rounding practices, wage deductions, misclassification of employees, independent contractors, interns, and other wage laws), thereby avoiding wage and hour claims. Notably, provides strategic counsel and representation regarding city and state sick and family leave laws.
  • Provides various workplace trainings for management and employees (including equal employment opportunity/discrimination/harassment/retaliation trainings, performance management and discipline, leave of absence, and wage hour trainings).
  • Conducts internal human resources and wage hour audits to identify and resolve potential violations of the law before someone else discovers them. Recent experience includes conducting dozens of wage hour audits for several hotels, restaurants and aerospace companies in New York, New Jersey, Pennsylvania, Massachusetts, Connecticut, Rhode Island and New Hampshire.
  • Also represents clients in state and federal Department of Labor investigations.
  • Played integral role in negotiating resolutions for New York City's Earned Safe and Sick Time Act investigations and Fair Workweek investigations conducted by the New York City Department of Consumer Affairs.
  • Obtained dismissals of several employment discrimination and retaliation claims before various state, city and federal agencies for various hospitality and retail clients.
  • Represented clients in various industries in successful negotiations with the Department of Labor, resulting in a dismissal of various claims (including claims alleged under the Family Medical Leave Act, workers compensation and unemployment laws, and wage hour laws). Settled the cases for no (or significantly lower) cost to the clients.
  • Successfully negotiated and settled numerous litigations and threatened litigations, saving potentially hundreds of thousands of dollars in litigation costs and potential damages for various clients. Recent experience includes very favorable negotiations for hospitality, retail, healthcare, credit card and data system clients.
  • Served as local counsel for two summary judgment dismissals in favor of a leading engineering construction company.
  • Involved in a discrimination matter on behalf of a Fortune 500 company involving allegations of race and gender discrimination, retaliation, harassment and a hostile work environment. Following a 10-week trial, the jury found in favor of the client on all but one count.
  • Successfully settled a wage and hour class action dispute at mediation for a large cable service provider.

Recognitions and Memberships

Recognitions

  • New York Metro Super Lawyers "Rising Star" (2015 to 2016)

Community

  • Love Our Children USA, Young Benefactors Committee: Co-Chair
  • StreetWise Partners Taste of Success Event: Host Committee

Emerging Issues

Prior Positions

  • Greenwald Doherty LLP (2012 to 2013)
  • Epstein Becker & Green, P.C. (2010 to 2012)
  • Robertson, Freilich, Bruno & Cohen, LLC (2006 to 2010)
  • Judicial Intern for Justice Carol R. Edmead, Supreme Court of the State of New York (2004)
  • Intern for Justice Thomas A. Wallitsch, Lehigh County Court of Common Pleas (2002)

Admissions

  • U.S. District Court, District of New Jersey
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • New Jersey
  • New York

Education

  • J.D., New York Law School, 2006
  • B.A., Muhlenberg College, 2003, summa cum laude, Phi Beta Kappa

Languages

  • Russian
  • Spanish

Blog

In The Blogs

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Employment Law Spotlight
New Jersey's Expansion of Family Leave for COVID-19
By Fanny A. Ferdman
April 20, 2020
On Tuesday, Gov. Phil Murphy signed legislation (S2374) to expand the New Jersey Family Leave Act (NJFLA). The basic idea behind it is to ensure that eligible employees who need to take time off to care for a family member during the...
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Employment Law Spotlight
New York Passes Statewide Paid Sick Leave Law
By Fanny A. Ferdman, Saima Z. Sheikh
April 9, 2020
Just weeks after New York state implemented an Emergency COVID-19 Paid Sick Leave Law, late last week, New York state passed a statewide paid sick leave (State PSL) law as part of its fiscal year 2020-2021 budget. The new law, which adds...
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Employment Law Spotlight
New Lactation Room Requirements in NYC Going Into Effect Soon
By Fanny A. Ferdman
February 4, 2019
As many of you have probably heard, late last year, the New York City Council passed two laws that will amend the NYC Human Rights Law to expand the requirements of employers to provide lactation space for breastfeeding employees and to...
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Employment Law Spotlight
Have Your FMLA Forms Expired?
By Fanny A. Ferdman
July 16, 2018
As many of you know by now, the U.S. Department of Labor (DOL) maintains model forms to help employers meet the notice requirements under the Family and Medical Leave Act (FMLA). What some of you may not know is that the forms you are...
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Employment Law Spotlight
Just When Employers Got Used to Earned Sick Time Act, NYC Publishes Final Amended Sick Time Rules With Additional Requirements
By Fanny A. Ferdman
March 3, 2016
That’s right. Just when many employers started getting used to New York City’s Earned Sick Time Act (“ESTA”), New York City went ahead and adopted the final amended Earned Sick Time Act Rules (“Final Amended ESTA Rules”). The Final Amended...
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