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Gregg Brochin is a partner in the Labor & Employment Practice Group of Davis & Gilbert. His practice involves representing companies in all aspects of labor and employment law, with a focus on service-sector companies in industries including advertising, public relations, media, communication and financial services. Mr. Brochin focuses on counseling management with respect to employment issues including compliance with federal, state and local discrimination, wage and hour, leave and other employment laws, hiring, termination, employment policies and handbooks, and restrictive covenants. He has extensive experience leading anti-harassment and anti-discrimination training workshops for employees at all levels.

Mr. Brochin also has substantial experience negotiating and drafting employment-related contracts including employment, separation, and restrictive covenant agreements. In addition, he represents employers in claims relating to employment contracts, discrimination, harassment, fiduciary duty, and wage payment laws in court as well as before federal, state and local administrative agencies.

Mr. Brochin has been recognized as a leading lawyer for labor & employment law by Chambers USA: America’s Leading Lawyers for Business (2012-2015). He has also been recognized by The Legal 500 United States in the area of labor and employment: workplace and employment counseling for four consecutive years (2013-2016).

Before joining Davis & Gilbert, Mr. Brochin was a labor & employment attorney at Skadden, Arps, Slate, Meagher & Flom LLP.

REPRESENTATIVE ENGAGEMENTS

  • Successfully negotiated the settlement of a collective action minimum wage and overtime claim against a well-known New York City restaurant.
  • Assisted a financial services company in developing more-enforceable restrictive covenants and other practices to protect proprietary information, customer goodwill, and employment relationships.
  • Counseled a brand-strategy agency with regards to departing senior executives who had restrictive covenants and assisted in filing a lawsuit against the executives, including an application for injunctive relief.
  • Prepared form offer letters, protective covenants agreements, independent contractor agreements and separation agreements for a small but growing public relations agency.
  • Investigated a sexual harassment complaint against a senior executive and advised the agency regarding appropriate corrective measures.
  • Counseled an advertising agency regarding a substantial reduction in force and negotiated successful resolutions with counsel for several of the terminated employees.
  • Assisted a publishing client in responding to an Unemployment Insurance audit, including negotiating with the New York Department of Labor.
  • Negotiated the successful resolution of a race and retaliation claim by a former employee.
  • Developed a seminar titled, "The Complete Cannon of Employment Law (Abridged)” and presented it to a large group of human resources professionals.

SPEAKING ENGAGEMENTS

"What HR Needs to Know Now," Crystal & Company Webinar, June 28, 2016

"Medical Leave and Accommodation: Current Issues Under the FMLA and ADA," Davis & Gilbert Labor & Employment Seminar, July 2015

"Fair Play vs. Unfair Competition: Current Issues in Enforcing Restrictive Covenants," Davis & Gilbert Labor & Employment Seminar, July 2014

"Social Media Risks and How to Mitigate Them," New York In-House Counsel Program, January 15, 2014

"Examining Recent Supreme Court Decisions and Their Effect on Your Daily HR Practice," Davis & Gilbert Labor & Employment Seminar, September 2013

"The Contingent Workforce: Legal Issues Related to Temps, Consultants, Freelancers, Interns, and other “Non-Regular” Personnel," Davis & Gilbert Labor & Employment Seminar, December 2012

"Ripped from the Headlines: Key HR News," Davis & Gilbert Labor & Employment Seminar, July 2012

"Best Practices for Establishing a Social Media Policy and Minimizing Your Exposure to Employment Litigation Arising From the Use of Social Media," American Conference Institute’s 3rd Annual Forum on Defending and Managing Employment Discrimination Litigation, July 30 – 31, 2012

"The Changing Environment: How Recent Legal Changes Can Impact Your Policies, Procedures and Requirements," Davis & Gilbert Labor & Employment Seminar, November 2011

"Sexual Harassment Claims: Minimizing Conduct or Showing That It Had No Effect On The Discriminatee," American Conference Institute’s National Forum on Defending and Managing High Exposure Claims of Retaliation and Discrimination, July 27-July 28, 2011

"Employment Law," NYU School of Continuing and Professional Studies, Division of Leadership and Human Capital Management, November 29, 2010 and November 23, 2009

"Social Media in the Workplace," Davis & Gilbert Labor & Employment Seminar, October 2010

Retaliation and Hostile Work Environment,” Council of Public Relations Firms, HR Roundtable, June 10, 2009

"What You Need to Know about Current Developments in Employment Law," Retaliation and Harassment - New Judicial Guidance, Davis & Gilbert Seminar, April 2009

PUBLICATIONS

Co-Author, "San Francisco Passes Ordinance Requiring Employers to Provide Fully Paid Parental Leave," D&G Labor & Employment Alert, December 2016

Author, "New Illinois Child Bereavement Leave Act Provides Two Weeks of Unpaid Leave," D&G Labor & Employment Alert, September 2016

Co-Author, "New California Anti-Discrimination and Anti-Harassment Policy Regulations," D&G Labor & Employment Alert, March 2016

Co-Author, "NYC Law Requiring Pre-Tax Transit Benefits Now in Effect," D&G Labor & Employment Alert, January 2016

Co-Author, "Effective July 3: San Francisco Ordinances Impose Significant Employment Obligations on Retail Industry," D&G Labor & Employment Alert, July 2015

Author, "NY DOL: Annual WTPA Notices Not Required in 2015," D&G Labor & Employment Alert, January 2015

Co-Author, "New York City's Earned Sick Time Act," D&G Labor & Employment Alert, March 2014

Co-Author, "Severance Pay May Limit Unemployment Benefits After Change in New York Law," D&G Labor & Employment Alert, February 2014

Co-Author, "Court of Appeals Requires that Employers Prove Indefinite Disability Leave is Undue Hardship Under NYC Law," D&G Labor & Employment Alert, November 2013

Author, “New York State Wage Deductions Amendment Signed Into Law,” D&G Labor & Employment Alert, September 2012

Co-Author, "NLRB Poster Rule Delayed," D&G Labor & Employment Alert, April 2012

Co-Author, "Court Upholds NLRB Posting Rule," D&G Labor & Employment Alert, March 2012

Co-Author, "Recent Changes In Georgia And Texas Restrictive Covenant Law," D&G Labor & Employment Newsletter, Winter 2012

Co-Author, "California DLSE Releases Form WTPA Notice And FAQs," D&G Labor & Employment Alert, January 2012

Co-Author, "Models Must Be Paid On Last Day Of Photo Shoot Under California Labor Law," D&G Advertising, Marketing & Promotions Alert, December 2011

Co-Author, "California Enacts Its Own Wage Theft Prevention Act," D&G Labor & Employment Alert, November 2011

Co-Author, "New ADA Regulations Highlight Law's Broad Scope," D&G Labor & Employment Alert, June 2011

Author, "DOL Releases Wage Theft Prevention Act Forms," D&G Labor & Employment Alert, April 2011

Co-Author, "New York Enacts Wage Theft Prevention Act," D&G Labor & Employment Alert, December 2010

Co-Author, "New York Payday/Pay Rate Notice Law Requires Separate Form," D&G Labor & Employment Alert, September 2010

Co-Author, "Employers Should Take Simple Preventative Measures to Reduce Exposure to H1N1," D&G Labor & Employment Alert, October 2009

Co-Author, "Department of Homeland Security Delays Implementation of E-Verify Requirements," D&G Labor & Employment Alert, February 2, 2009

Co-Author, “NY Court Enforces Restrictive Covenant and Liquidated Damages,D&G Legal Development Alert, June 16, 2008

Co-Author, “Know Your Rights: Recent Developments in Employment Law Have Far-Reaching Impact,” The Metropolitan Corporate Counsel, May 2008

Co-Author, “Employment Law News: A Recap Of Recent, Notable Developments,” The Metropolitan Corporate Counsel, October 2007

Editor, “The News In Employment Law: The Way We See It,” Davis & Gilbert Newsletter, Fall 2007 - Present

BAR ADMISSIONS

New York

EDUCATION

New York University School of Law, J.D., cum laude, 2001
Cornell University, B.S., 1998


    The Legal 500 - The Clients Guide to Law Firms

REPRESENTATIVE ENGAGEMENTS

  • Successfully negotiated the settlement of a collective action minimum wage and overtime claim against a well-known New York City restaurant.
  • Assisted a financial services company in developing more-enforceable restrictive covenants and other practices to protect proprietary information, customer goodwill, and employment relationships.
  • Counseled a brand-strategy agency with regards to departing senior executives who had restrictive covenants and assisted in filing a lawsuit against the executives, including an application for injunctive relief.
  • Prepared form offer letters, protective covenants agreements, independent contractor agreements and separation agreements for a small but growing public relations agency.
  • Investigated a sexual harassment complaint against a senior executive and advised the agency regarding appropriate corrective measures.
  • Counseled an advertising agency regarding a substantial reduction in force and negotiated successful resolutions with counsel for several of the terminated employees.
  • Assisted a publishing client in responding to an Unemployment Insurance audit, including negotiating with the New York Department of Labor.
  • Negotiated the successful resolution of a race and retaliation claim by a former employee.
  • Developed a seminar titled, "The Complete Cannon of Employment Law (Abridged)” and presented it to a large group of human resources professionals.

SPEAKING ENGAGEMENTS

"What HR Needs to Know Now," Crystal & Company Webinar, June 28, 2016

"Medical Leave and Accommodation: Current Issues Under the FMLA and ADA," Davis & Gilbert Labor & Employment Seminar, July 2015

"Fair Play vs. Unfair Competition: Current Issues in Enforcing Restrictive Covenants," Davis & Gilbert Labor & Employment Seminar, July 2014

"Social Media Risks and How to Mitigate Them," New York In-House Counsel Program, January 15, 2014

"Examining Recent Supreme Court Decisions and Their Effect on Your Daily HR Practice," Davis & Gilbert Labor & Employment Seminar, September 2013

"The Contingent Workforce: Legal Issues Related to Temps, Consultants, Freelancers, Interns, and other “Non-Regular” Personnel," Davis & Gilbert Labor & Employment Seminar, December 2012

"Ripped from the Headlines: Key HR News," Davis & Gilbert Labor & Employment Seminar, July 2012

"Best Practices for Establishing a Social Media Policy and Minimizing Your Exposure to Employment Litigation Arising From the Use of Social Media," American Conference Institute’s 3rd Annual Forum on Defending and Managing Employment Discrimination Litigation, July 30 – 31, 2012

"The Changing Environment: How Recent Legal Changes Can Impact Your Policies, Procedures and Requirements," Davis & Gilbert Labor & Employment Seminar, November 2011

"Sexual Harassment Claims: Minimizing Conduct or Showing That It Had No Effect On The Discriminatee," American Conference Institute’s National Forum on Defending and Managing High Exposure Claims of Retaliation and Discrimination, July 27-July 28, 2011

"Employment Law," NYU School of Continuing and Professional Studies, Division of Leadership and Human Capital Management, November 29, 2010 and November 23, 2009

"Social Media in the Workplace," Davis & Gilbert Labor & Employment Seminar, October 2010

Retaliation and Hostile Work Environment,” Council of Public Relations Firms, HR Roundtable, June 10, 2009

"What You Need to Know about Current Developments in Employment Law," Retaliation and Harassment - New Judicial Guidance, Davis & Gilbert Seminar, April 2009

PUBLICATIONS

Co-Author, "San Francisco Passes Ordinance Requiring Employers to Provide Fully Paid Parental Leave," D&G Labor & Employment Alert, December 2016

Author, "New Illinois Child Bereavement Leave Act Provides Two Weeks of Unpaid Leave," D&G Labor & Employment Alert, September 2016

Co-Author, "New California Anti-Discrimination and Anti-Harassment Policy Regulations," D&G Labor & Employment Alert, March 2016

Co-Author, "NYC Law Requiring Pre-Tax Transit Benefits Now in Effect," D&G Labor & Employment Alert, January 2016

Co-Author, "Effective July 3: San Francisco Ordinances Impose Significant Employment Obligations on Retail Industry," D&G Labor & Employment Alert, July 2015

Author, "NY DOL: Annual WTPA Notices Not Required in 2015," D&G Labor & Employment Alert, January 2015

Co-Author, "New York City's Earned Sick Time Act," D&G Labor & Employment Alert, March 2014

Co-Author, "Severance Pay May Limit Unemployment Benefits After Change in New York Law," D&G Labor & Employment Alert, February 2014

Co-Author, "Court of Appeals Requires that Employers Prove Indefinite Disability Leave is Undue Hardship Under NYC Law," D&G Labor & Employment Alert, November 2013

Author, “New York State Wage Deductions Amendment Signed Into Law,” D&G Labor & Employment Alert, September 2012

Co-Author, "NLRB Poster Rule Delayed," D&G Labor & Employment Alert, April 2012

Co-Author, "Court Upholds NLRB Posting Rule," D&G Labor & Employment Alert, March 2012

Co-Author, "Recent Changes In Georgia And Texas Restrictive Covenant Law," D&G Labor & Employment Newsletter, Winter 2012

Co-Author, "California DLSE Releases Form WTPA Notice And FAQs," D&G Labor & Employment Alert, January 2012

Co-Author, "Models Must Be Paid On Last Day Of Photo Shoot Under California Labor Law," D&G Advertising, Marketing & Promotions Alert, December 2011

Co-Author, "California Enacts Its Own Wage Theft Prevention Act," D&G Labor & Employment Alert, November 2011

Co-Author, "New ADA Regulations Highlight Law's Broad Scope," D&G Labor & Employment Alert, June 2011

Author, "DOL Releases Wage Theft Prevention Act Forms," D&G Labor & Employment Alert, April 2011

Co-Author, "New York Enacts Wage Theft Prevention Act," D&G Labor & Employment Alert, December 2010

Co-Author, "New York Payday/Pay Rate Notice Law Requires Separate Form," D&G Labor & Employment Alert, September 2010

Co-Author, "Employers Should Take Simple Preventative Measures to Reduce Exposure to H1N1," D&G Labor & Employment Alert, October 2009

Co-Author, "Department of Homeland Security Delays Implementation of E-Verify Requirements," D&G Labor & Employment Alert, February 2, 2009

Co-Author, “NY Court Enforces Restrictive Covenant and Liquidated Damages,D&G Legal Development Alert, June 16, 2008

Co-Author, “Know Your Rights: Recent Developments in Employment Law Have Far-Reaching Impact,” The Metropolitan Corporate Counsel, May 2008

Co-Author, “Employment Law News: A Recap Of Recent, Notable Developments,” The Metropolitan Corporate Counsel, October 2007

Editor, “The News In Employment Law: The Way We See It,” Davis & Gilbert Newsletter, Fall 2007 - Present

BAR ADMISSIONS

New York

EDUCATION

New York University School of Law, J.D., cum laude, 2001
Cornell University, B.S., 1998


    The Legal 500 - The Clients Guide to Law Firms