WCBA
Greenwich Chamber of Comerce
PWC New York 40 Years

New York, New Jersey and Connecticut Employment Lawyer Representing Employers and Individuals

Hertz Legal is a boutique New York, New Jersey and Connecticut employment law firm for employers with over 30 years of experience in the area of labor relations and employment law. We represent clients who need a New York sexual harassment defense and training lawyer or assistance with numerous issues related to employment handbooks, employment agreements, discrimination claims, and investigations of employee misconduct.

COVID-19 and the Workplace

Since the beginning of the COVID-19 pandemic, our New York, New Jersey and Connecticut Employment law firm for employers has been flooded with inquiries from Employers and Employees alike regarding Employer obligations and Employees rights as they relate to Covid in the Workplace.

What would normally be an invasion of the employee’s right to privacy has been overshadowed by COVID and the obligation of employers to maintain a safe workplace free from known hazards or threat of death.

An example: Employer wanted to know if he could ask their employee where they were going on summer vacation. Typically, this is not the type of question an employer can or should be able to ask.

This employer wanted to know if the employee was visiting a COVID “hot spot” as they were referred to in the summer of 2020. It was determined that while normally this type of question would be inappropriate for an employer to inquire of their employees, under the circumstances, given the global pandemic, the employer had a right to ask this question. The rationale for this decision is that

Under the Occupational Safety and Health Administration, (OSHA,) Employers have an obligation to maintain a safe work environment, “free from serious recognized hazards” for their employees. In pursuit of that obligation, Employers may inquire as to the location and details of employee’s vacations, due to Covid concerns. While employees may feel that this is an invasion of and violation of their privacy rights, it is not unlawful. For instance, should an employee who works in close proximity to others, particularly in the fields of retail & wholesale, travel to a known Covid Hotspot, that employee jeopardizes the health and safety of all its co-workers, customers, clients, third party vendors and other visitors to the workplace.

Sexual Harassment Prevention Training

Karen Hertz Esq. has been conducting sexual harassment prevention trainings in the tri state area since 2012. NY, NJ and CT have all mandated that all employers provide Sexual Harassment training

Case Study: Hertz Legal, New York Sexual Harassment Defense and Training Lawyer has provided SH Training to a Medical Tech client in NYC. After the training, HL was approached by 2 employees who suspected they may have been victims of SH. The employees were not aware prior to the training the employees were not aware that vendors and 3rd parties can be guilty of committing sexual harassment, that it is not only co-workers who can commit this offense. After consulting with HL, the employees realized that they had been victims of SH and reported the incident’s to management.

There have been collectively $304 million in sexual harassment verdicts and settlement in the United States since 2007. Sexual Harassment Prevention Training will educate your team on what is and is not appropriate behavior and keep you out of trouble.

Trainings are conducted by New York Sexual Harassment Defense and Training Lawyers and are typically live, have been via zoom, are interactive and cover all the areas mandated to be covered by New York State, Connecticut and New Jersey. Each participant receives a Certificate of Completion of the training and we keep a record of your training for audit purposes.

*A portion of the fees paid to Hertz Legal for sexual harassment prevention training are distributed to the client’s local charity of choice.

Employment Handbooks

Hertz Legal Employment lawyer for Employers serving New York, New Jersey & Connecticut has drafted and created numerous employment handbooks for businesses of all sizes.

Our Handbooks protect Employers and employees from workplace misconduct and whether you need a brand-new Handbook drafted or a review and tweaking of an existing Handbook, Hertz Legal will ensure that each and every employment related issue is covered and addressed.

Independent Investigations of Employee Misconduct

When serious allegations of employee misconduct are reported, it is imperative that Management conduct a thorough and unbiased investigation. Allegations of Sexual Harassment, Bullying, Whistleblowing and Retaliation must be taken seriously and addressed immediately. To provide a neutral and unbiased investigation, employers need to utilize the services of an independent investigator. Karen Hertz is an employer attorney and licensed Private Investigator and has experience in conducting efficient, effective and unbiased workplace investigations.

Case Study: Client, a construction company, was notified that an employee alleged sexual harassment on the job. Client was notified by a foreman and not by the employee alleging the harassment. Hertz Legal, New York, New Jersey and Connecticut employment attorneys for employers conducted a neutral and unbiased investigation into the allegation and found that the conduct was inappropriate.

Sometimes, clients can make mistakes, the issue was dealt with, the harasser was disciplined and the entire staff received prevention training.

Employment Agreements

While NYS is an employment at will state and not a right to work state, many employers still offer employment related contracts to employees, which require a legal review and analysis. Hertz Legal, New York, New Jersey and Connecticut employment attorneys for employers has drafted, negotiated and reviewed numerous employment agreements ranging from Severance Packages, Restrictive Covenants and Non-Competes, Trade Secret Agreements, Benefit Packages,

Case Study: A client received a cease-and-desist letter from a former employer to cease and desist from taking a new job. The prospective employer also received a cease and desist to prevent them from hiring the prospective employee. We communicated with counsel for the Employer that while it is understood that employee originally agreed to wait a period of 6 months before taking a new job, the employee had never been privy to any trade secrets or confidential information and therefore was not jeopardizing the former employer by taking a new job. Had this matter gone to litigation, it would have been long and drawn out. We negotiated a 3-month waiting period, wherein the former employee received a generous severance package for not working during that period. At the end of the waiting period, he went to work for the new employer.

Employment Discrimination

Hertz Legal, New York, New Jersey and Connecticut employment attorneys for employers defends businesses charged with discrimination in the workplace. We represent businesses in administrative hearings from harassment, wage and hour claims, whistleblower and retaliation, wrongful termination and other employment disputes. In an effort to keep our clients out of the courts, we create and audit your company’s employment policies and practices and make sure that your handbooks reflect same. We provide training to our clients to make sure they are aware and incompliance with federal, state and local employment laws.

In the event that a client is charged with non-compliance, we will represent your business to defend against the charges.

Meet the Attorney
Profile Picture of Karen M. Hertz
Karen M. Hertz

Karen M Hertz, Esq. is an employment attorney with over 30 years in the industry. Karen specializes in gender pay equality and sexual harassment prevention training and independent investigations into allegations of sexual harassment in the workplace.

Client Reviews
★★★★★
“Karen puts the pro in quid pro quo” John D. New York, NY
★★★★★
"Straightforward, interactive, informative, clear, concise, relevant - To the point!" Janet H.
★★★★★
"Lots of examples, easy to understand content and stories" Brittany D., New York, NY
WESTCHESTER
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