100 Quentin Roosevelt Boulevard Garden City, NY 11530-4850 ph: 516.357.3703 fx: 516.296-9155 gfishberg@cullenanddykman.com AREAS OF PRACTICE Commercial Litigation Alternative Dispute Resolution-- Litigation Labor and Employment Alternative Dispute Resolution-- Labor and Employment Discrimination and Sexual Harassment Employment Statutes--Advice and Litigation Personnel Policies and Procedures Private Sector Traditional Labor Public Sector Traditional Labor Severance/Employment Agreements for Individuals Municipal Assessments and Tax Certiorari Municipal Environmental Review Municipal Labor and Employment Zoning, Planning and Land Use ADMISSIONS New York U.S. District Court, Southern District of New York U.S. District Court, Eastern District of New York U.S. Supreme Court EDUCATION J.D., St. John s University School of Gerard Fishberg Partner Gerard "Gary" Fishberg is experienced in the areas of mediation and arbitration for labor and employment, commercial, and personal injury matters. He is a member of the New York State Supreme Court Commercial Division Mediation rosters for Nassau, Suffolk, New York, Westchester, Queens and Kings Counties, and the New Jersey Superior Court Roster of Mediators for Civil, Commercial, Employment, and Discrimination cases (Statewide). He is a member of the Nassau County Part 28 District Court Arbitration Panel and the Nassau County Bar Association Mediation and Arbitration Panels. Gerard has mediated personal injury cases in the Nassau County Supreme Court and arbitrated cases in the Nassau Count District Court Small Claims Program. Gary is responsible for counseling and representing both private and public sector employers in a wide variety of labor and employment matters, including labor contract negotiations, preparation of labor and employment agreements, labor arbitrations (both interest and grievance), representation, unit clarification and unfair labor practice cases before the National Labor Relations Board and the Public Employment Relations Board, assistance in formulating personnel policies in areas such as drug testing, hiring, layoffs, polygraph tests, smoking and sexual harassment, preparation of employee handbooks and affirmative actions plans. He provides assistance for complying with and implementing legislation such as the Family and Medical Leave Act, the Americans with Disabilities Act, the Occupational Safety and Health Act, the Fair Labor Standards Act, the Worker Adjustment Employment Act, and the Older Workers' Benefit Protection Act. He offers advice on avoiding discrimination and other
Law, 1971 B.A., Hofstra University, 1968 CASE STUDIES Cutting Costs and Avoiding Liability, June 27, 2011 employment claims. He represents employers in litigation in federal and state courts and before federal, state, and local administrative agencies related to all of the above mentioned areas, including the New York State Division of Human Rights, the United States Equal Employment Opportunity Commission and various city and county human rights agencies. Gary has been involved in a wide range of municipal legal services, including: attendance and advice at meetings of municipal governing board, Zoning Boards of Appeals, Planning Commissions, Architectural Design Review Board and other separate boards and commissions; attendance and advice at public hearings; preparation of local laws and review of legal notices, resolutions and filing forms with regard to adoption of same; attendance and advice at grievance day hearings; review of contracts; review and advice with regard to proposed State legislation affecting municipalities; advice with regard to elections, assessment rolls, zoning, condemnation and taxes; demand letters with regard to the collection of claims owed to the municipality; review and settlement of tax certiorari matters; representation and advice regarding labor, employment and benefit law matters; representation in the municipal court; representation in State and Federal Court in all litigation matters, such as zoning and land use, civil rights and tax certiorari proceedings. Gary has considerable experience in legislative and intergovernmental relationships. He has been active with the Nassau County Village Officials Association (NCVOA) and New York Conference of Mayors (NYCOM) since 1972. He has served as counsel to the NCVOA since 1984. He also has frequent contact with legislators and has drafted complex municipal legislation. Gary was General Counsel to the Village of Garden City from 1976 to 2014 and oversaw the representation of that Village on virtually every legal matter which had confronted the Village, including general
advice, labor, Village Court, tax certiorari, zoning, environmental and litigation of all types, with a heavy emphasis on zoning and civil rights litigation. Gary has acted as special counsel to numerous other municipalities with respect to zoning, environmental and SEQRA matters, labor matters and tax certiorari proceedings. PROFESSIONAL & COMMUNITY ACTIVITIES Member, Nassau County Bar Association and has previously served two terms as Chair of the Nassau County Bar Association Municipal Law Committee Prior Chair, Municipal Law Section of the New York State Bar Association, 1991 to 1993, having served on the Executive Committee since 1978 Member, New York State Bar Association, Labor Law Section Past Chair, Labor Law Committee of the Nassau County Bar Association Served in the New York State Bar Association House of Delegates from 1993 to 1995 and from 2017 to present as a representative of the Municipal Law Section and from 1996 to 2016 as a representative of the Nassau County Bar Association Fellow of the New York Bar Foundation since 1993 Served as a member of the Board of Directors of the Nassau County Bar Association Member, National Institute of Municipal Law Officers Member, Long Island Chapter of the Labor and Employment Relations Association and has served as a Director since 1988 and as Treasurer since 2016 Member, Garden City Chamber of Commerce, having received the Chamber's Community Achievement Award in 1999 Member, Mineola-Garden City Rotary Club since 1983, having served as President from 1992-1993 Chair, Long Island Region of the American Heart Association, 2000-2002 Served on the Board of Directors of the Heritage Affiliate of the American Heart Association, which served New York City, Long Island, New Jersey and Connecticut Member, Board of Rotacare since its inception in 1992, a Rotary project which provides free health care for those in need, having served six years as President Member of the Board of Directors of the Long Island Chapter of the Arthritis Foundation from 2007 to 2011
President, Tam O'Shanter Country Club, 2010 to 2013 HONORS & AWARDS Associate Editor, St. John s Law Review St. Thomas More Scholar Dean s List NEWS & SPEAKING ENGAGEMENTS New York State Increases Minimum Wages, January 14, 2016 ADVISORIES Changes in New York State's Paid Family Leave Act for 2019, December 20, 2018 New York State's Paid Family Leave Law is Arriving--Are You Ready?, June 26, 2017 Wage Law Changes Take Effect in New York State, January 3, 2017 Federal Court Kills New Overtime Rules--For Now, November 23, 2016 New Overtime Rules Are Here: Time to Start Reviewing Your Policies, June 13, 2016 Important Changes in Employment Laws in New York State, April 7, 2016 U.S. Supreme Court Reinstates Rule that Mortgage Loan Officers Are Not Exempt From Overtime Laws, March 11, 2015 Changes Come to Wage and Hour Law of New York State, December 30, 2014 Mortgage Loan Officers are Exempt From Wage and Hour Laws Again--For Now, July 16, 2013 Fifth Circuit Holds Lactation Discrimination is Unlawful Sex Discrimination, June 6, 2013 New York City Passes Legislation Prohibiting Employers from Discriminating Against the Unemployed, March 15, 2013 Legislature Passes Amendments to the Wage Deduction Statute, Providing Greater Flexibility to Employers and Employees, June 28, 2012 Most Employers Now Required to Post Notice of Employees Rights to Unionize Under New National Labor Relations Board Rule, August 26, 2011 New York State Requires New Employee Notifications, Record-Keeping, Increases Fines for Minimum
Wage and Overtime Violations, and Strengthens Whistleblower Protections, January 14, 2011 New York State Requires Employers Who Offer Funeral Or Bereavement Leave To Extend Same Benefit For Employees With Same-Sex Partners, November 2, 2010 The Implications of Health Care Reform for Employers, May 24, 2010 Employment Provisions of Genetic Information Non-Discrimination Act Take Effect, December 17, 2009 New York Guarantees Right of Employees to take Time Off to Donate Blood, June 6, 2008 New York Guarantees Right of Mothers to Express Milk in the Workplace, June 6, 2008