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Mitchell Boyarsky

Mitchell Boyarsky

November 18, 2013 | New York Law Journal

Are Private FLSA Settlements Here to Stay?

Mitchell Boyarsky, a director of Gibbons, discusses the implications of private settlements, advising that considerations must be given to the risks associated with such settlements, including subsequent judicial rejection of the parties' agreement.

By Mitchell Boyarsky and Peter J. Dugan

10 minute read

October 22, 2012 | New York Law Journal

Criminal Background Check Laws Can Complicate Hiring Decisions

Mitchell Boyarsky, a partner at Gibbons, and Peter J. Dugan, an associate at the firm, write that employers may hesitate to hire individuals with a criminal record, whether to mitigate the risk of liability for a "negligent hiring" claim or to minimize the opportunities for employee misconduct. However, New York State and the EEOC have both challenged the extent to which employers may consider criminal histories in the selection and retention of employees.

By Mitchell Boyarsky and Peter J. Dugan

11 minute read

May 26, 2009 | New York Law Journal

Are Employees' Personal E-Mail Accounts Off Limits?

Mitchell Boyarsky, a partner at Jackson Lewis, and Jason A. Zoldessy, an associate at the firm, write that whether employers in New York legally may review an employee's or former employee's e-mails, which were sent from or received through a personal e-mail account (such as Gmail or Hotmail), and accessed through a company-issued computer is not so clear.

By Mitchell Boyarsky and Jason A. Zoldessy

9 minute read