Fanny A. Ferdman

She | Her | Hers

Counsel

New York
T +1.212.589.4283
F +1.212.589.4201

Overview

Fanny Ferdman partners with clients to help them identify employment law risks and find customized solutions that limit those risks. Her in-depth understanding of clients’ businesses and day-to-day workplace issues make her a go-to resource for employers in various industries, with significant experience in the hospitality and retail industries. Fanny is Co-Leader of the Wage and Hour Compliance practice team.

Fanny regularly advises clients on a variety of employment-related issues, with a focus on the avoidance of litigation. She conducts internal investigations related to allegations of discrimination against protected classes, human resources and wage and hour audits, and drafts and revises various types of employment-related documents. Fanny conducts fact-finding investigations into various types of employee complaints and also provides legal analyses and recommendations with regard to employee complaints. 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

  • Obtained dismissals of several employment discrimination and retaliation claims before various state, city and federal agencies for various hospitality and retail clients.
  • 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.
  • 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).
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Experience

  • Obtained dismissals of several employment discrimination and retaliation claims before various state, city and federal agencies for various hospitality and retail clients.
  • 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.
  • 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.
  • 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.
  • Successfully settled a wage and hour class action dispute at mediation for a large cable service provider.

Recognitions and Memberships

Recognitions

  • The Legal 500 USA (2021)
    • Recommended in Immigration
    • Recommended in Workplace and Employment Counseling
  • 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

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 York Releases Latest Model Anti-Sexual Harassment Policy and Training
By Fanny A. Ferdman, Amanda Van Hoose Garofalo
April 18, 2023
On April 11, 2023, the New York State Department of Labor, in collaboration with the New York State Division of Human Rights, released an updated model anti-sexual harassment policy and an updated model training. Among other things, the...
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Employment Law Spotlight
NYS Employers: Updated Sexual Harassment Postings and Policies Are Required!
By Delores V. Chichi, Fanny A. Ferdman
July 22, 2022
Employers should be aware that New York state has passed a law that requires employers to reference an established hotline in any material – including handbooks, policies and workplace postings – they post or provide to employees regarding...
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Employment Law Spotlight
So Many NY Changes in 2022 – Employers Beware!
By Delores V. Chichi, Fanny A. Ferdman
May 2, 2022
New York employers must be aware of several important changes to employment laws that have already come into effect during 2022, those that have imminent effect (with deadlines just around the corner!), and those that are currently being...
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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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Employment Law Spotlight
New York City Earned Sick Time Act Notice of Employee Rights Has Finally Been Published
By Fanny A. Ferdman
March 30, 2014
As most New York City employers know by now, the New York City Earned Sick Time Act (“Act”) is scheduled to go into effect on April 1, 2014. While the Act was adopted in the summer of 2013, it was subsequently amended after Mayor Bill...
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