Fanny A. Ferdman

Associate

New York
T +1.212.589.4283
F +1.212.589.4201

Overview

Fanny Ferdman is an employment law advisor and litigator, 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 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 litigates in federal and state court and before administrative agencies, representing employers 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 discipline and terminations, employee leaves of absence, employment accommodation issues, and wage and hour law) for compliance with federal, state and city employment laws, thereby avoiding discrimination, harassment and retaliation claims (among others).
  • Prepares employment-related documents, such as employment applications, offer letters, policies and procedures, employee handbooks, and various employment agreements, including separation/severance, confidentiality, noncompete, non-solicitation and settlement agreements in all industries.
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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 discipline and terminations, employee leaves of absence, employment accommodation issues, and wage and hour law) for compliance with federal, state and city employment laws, thereby avoiding discrimination, harassment and retaliation claims (among others).
  • Prepares employment-related documents, such as employment applications, offer letters, policies and procedures, employee handbooks, and various employment agreements, including separation/severance, confidentiality, noncompete, 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, sick time laws, and other wage laws, thereby avoiding wage and hour claims.
  • Provides various workplace trainings for management and employees, including equal employment opportunity/discrimination/harassment/retaliation trainings and wage hour trainings.
  • Conducts human resources and wage hour audits. Recent experience includes conducting dozens of wage hour audits for several hotels and restaurants in New York, New Jersey, Pennsylvania, Massachusetts, Connecticut, Rhode Island and New Hampshire. 
  • 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 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.
  • Resolved several matters using a Rule 68 offer-of-judgment tactic early in the litigation process, saving clients hundreds of thousands of dollars.
  • 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, 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
EEOC Issues New Enforcement Guidance On National Origin Discrimination
By Fanny A. Ferdman, Amanda Van Hoose Garofalo
December 1, 2016
On Nov. 21, 2016, the United States Equal Employment Opportunity Commission (EEOC) issued updated enforcement guidance on national origin discrimination for the first time in 14 years. Some may speculate whether this has anything to do...
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Employment Law Spotlight
Transgender Issues in the Law and in the Workplace
By Fanny A. Ferdman, Amanda Van Hoose Garofalo
September 21, 2016
Visibility of transgendered persons has been heightened lately. Caitlyn Jenner received an ESPY award for her bravery in discussing trans issues, there are story lines in popular television shows like “Orange Is the New Black” highlighting...
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Employment Law Spotlight
Pregnancy Protections Under NYC Law – Not Limited to Just “Pregnancy”
By Fanny A. Ferdman
July 28, 2016
As most NYC employers have probably heard by now, in May of this year, New York City released guidance that defines violations of pregnancy protections under the NYC Human Rights Law, and provides clear(er) examples of when and how...
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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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