Russell Penzer

October 04, 2019 | New York Law Journal

In the wake of the #MeToo movement and other widespread focus on sexual and gender-based abuse, New York has adopted a number of legislative measures which break from the federal standards, seeking to more aggressively combat sexual harassment. These changes have come quickly, and employers operating in New York should be aware of them to ensure that they are adopting the policies necessary to comply with the new requirements.

By Russell Penzer

6 minute read

July 12, 2016 | New York Law Journal

Russell Penzer writes: Recently, several federal district courts and circuit courts of appeals have rendered decisions uncharacteristically protective, or some have argued paternalistic, toward plaintiffs in Fair Labor Standards Act cases.

By Russell Penzer

20 minute read

May 01, 2015 | New York Law Journal

Russell Penzer, president of the Federal Bar Association, E.D.N.Y. Chapter, discusses the great strides that are being made in the Eastern District to improve our system of justice.

By Russell Penzer, President, Federal Bar Association, E.D.N.Y. Chapter

3 minute read

April 30, 2015 | New York Law Journal

Russell Penzer, president of the Federal Bar Association, E.D.N.Y. Chapter, discusses the great strides that are being made in the Eastern District to improve our system of justice.

By Russell Penzer, President, Federal Bar Association, E.D.N.Y. Chapter

3 minute read

February 25, 2014 | New York Law Journal

Russell Penzer, a partner with Lazer, Aptheker, Rosella & Yedid, writes: All too frequently, employment attorneys fail to counsel their clients with respect to evidentiary issues until after the client has been served with a discrimination complaint. Counsel who act proactively, however, can assist employers both in adopting and following procedures that are likely to create favorable and admissible evidence long before a claim is ever asserted.

By Russell Penzer

9 minute read

November 04, 2013 | New York Law Journal

Russell Penzer, a partner with Lazer, Aptheker, Rosella & Yedid, writes: It is becoming increasingly common for employers to adopt policies requiring that all employment-related disputes be submitted to mandatory binding arbitration. While arbitration offers many advantages over litigation to employers, there are also disadvantages to arbitration that are not always fully considered by employers in adopting these policies.

By Russell Penzer

8 minute read

January 03, 2013 | New York Law Journal

Russell Penzer, a partner at Lazer, Aptheker, Rosella & Yedid, and Maryam Franzella, an associate at the firm, discuss the jury's right to determine front pay when reinstatement is inappropriate for a victim of employment discrimination and how plaintiffs and defendants might wish to craft jury instructions to focus the jury's attention on the aspects of the law that support their clients' 
positions.

By Russell Penzer and Maryam Franzella

10 minute read

June 25, 2013 | New York Law Journal

Russell Penzer, a partner with Lazer, Aptheker, Rosella & Yedid, writes that an unwitting employer who fails to pay non-exempt employees overtime wages may be subjected to the FLSA's harsh damages.

By Russell Penzer

9 minute read

September 18, 2012 | New York Law Journal

Steven Aptheker and Russell Penzer, partners with Lazer, Aptheker, Rosella & Yedid, write that while many plaintiffs' counsel in the employment area have routinely included IIED and NIED claims in complaints directed at claimed employment discrimination, such claims are rarely well-founded or sustainable under New York law.

By Steven Aptheker and Russell Penzer

10 minute read

March 12, 2013 | New York Law Journal

Steven Aptheker and Russell Penzer, partners with Lazer, Aptheker, Rosella & Yedid, write that while restrictive covenants in physicians' employment and partnership agreements are not subject to the per se invalidity rule that attorneys' covenants are governed by, they do implicate the same public policy concerns as attorneys' restrictive covenants.

By Steven Aptheker and Russell Penzer

8 minute read