Keith A Markel

April 17, 2024 | New York Law Journal

Recent headlines demonstrate that New York is taking wage theft very seriously. In March 2024, the owner and a manager of Grimaldi's Pizzeria were indicted for the crime of scheme to defraud in the first degree as well as several counts of failure to pay wages in violation of New York Labor Law.

By Keith A. Markel, Alana Mildner Smolow and Kayla N. West

5 minute read

March 01, 2024 | New York Law Journal

Since the authors' previous New York Law Journal article, there has been a significant change in the legal landscape in the area of pay frequency. The change has the potential to stem the tide of pay frequency litigation.

By Keith A. Markel and Alana R. Mildner

9 minute read

September 01, 2023 | New York Law Journal

In this Labor and Employment column, Keith A. Markel and Alana R. Mildner discuss the rise of pay frequency litigation in New York, particularly within the retail industry, and what constitutes a manual worker.

By Keith A. Markel and Alana R. Mildner

8 minute read

August 01, 2014 | Corporate Counsel

Five mistakes you don't want to make in drafting an employee handbook.

By Jeffrey P. Englander, Keith A. Markel and Evan S. Lupion

7 minute read

July 28, 2014 | Corporate Counsel

Well-publicized lawsuits over the past few years have caused many employers to reevaluate whether to make use of an unpaid internship program.

By Jeffrey P. Englander, Keith A. Markel and Evan S. Lupion

7 minute read

November 10, 2011 | New York Law Journal

Keith A. Markel and Cristina Baragona of Lowenstein Sandler write that New York courts have seen an increase in noncompetition cases based on restrictive employment covenants over the last few years, particularly in the federal courts, and while many of these cases settle shortly after the initial injunction stage has been determined, it appears nonetheless that New York courts are becoming increasingly employer-friendly.

By Keith A. Markel and Cristina Baragona

10 minute read

August 20, 2013 | Corporate Counsel

In June 2013, the American Medical Association passed Resolution 420, which officially recognizes obesity as a "disease state with multiple pathophysiological aspects." Although the AMA opposes any effort to make obesity a disability under the law, there is no doubt that this recognition of obesity as a disease will have significant legal consequences.

By Keith A. Markel and Wendy M. Fiel

7 minute read

February 16, 2012 | New York Law Journal

Keith A. Markel, senior counsel at Lowenstein Sandler, and Lawren H. Briscoe, counsel at the firm, write that those employers that fail to carefully examine their workforce may be faced with significant penalties - regardless of whether any misclassification is willful, or merely an unintentional oversight.

By Keith A. Markel and Lawren H. Briscoe

12 minute read

August 28, 2013 | Daily Report Online

The Centers for Disease Control and Prevention report that more than one-third of adults in the United States are considered "obese."

By Keith A. Markel and Wendy M. Fiel

7 minute read

March 29, 2010 | New York Law Journal

Kirk A. Pasich, a partner at Dickstein Shapiro, and Keith A. Markel, counsel at the firm, write that despite the explosion of wage-hour class actions in the last few years, and the possible multimillion-dollar settlements or judgments along with legal fees needed to defend against them, employers often overlook insurance protection in Employment Practices Liability policies or in EPL provisions of D&O policies.

By Kirk A. Pasich and Keith A. Markel

10 minute read