Luke focuses his practice on helping employers solve problems relating to managing employees while navigating applicable labor and employment laws. He works closely with employers of all sizes and across industries to proactively avoid litigation by implementing best practices with respect to employment law compliance, including state and federal leave laws, wage and hour laws and discrimination and whistle-blower statutes. Where litigation cannot be avoided, Luke represents management in agency charges and employment-related federal and state litigation, including cases involving wrongful discharge, discrimination, wage and hour obligations, covenants not-to-compete, family and medical leave issues and compliance with the National Labor Relations Act.Luke regularly speaks to various professional, civic and employer groups regarding recent developments in employment law. He is also a contributing editor of the cumulative supplements of the American Bar Association’s treatise, The Fair Labor Standards Act and West Publishing’s treatise, Advising Small Businesses.
Employers have had nearly a year to consider New York’s Paid Family Leave Benefits Law. With the recent release of proposed Paid Family Leave (PFL) rules by the Workers’ Compensation Board (WCB), employers finally have something new to consider as they make plans to offer the required PFL benefits starting January 1, 2018.
In a decision that should send a chill down the spines of Human Resource professionals everywhere, the United States Court of Appeals for the Second Circuit recently found that a company’s Director of Human Resources could be individually liable for violating the Family and Medical Leave Act (FMLA). The decision, Cathleen Graziadio v. Culinary Institute of America et al., was decided by the Second Circuit on March 17, 2016 and is available here. (view as PDF)