Eric Raphan

Eric Raphan is a partner in the firm's Labor and Employment practice group and is located in our New York Office.  

Areas of Practice

Eric's practice encompasses a wide range of labor and employment matters, including the defense of single plaintiff and class action discrimination, wrongful discharge and wage/hour claims, in addition to employment contract, restrictive covenant, whistleblower, sexual harassment and related claims. He regularly represents clients in labor and employment litigations in federal and state courts, and in proceedings before various administrative agencies, including the Equal Employment Opportunity Commission, the U.S. Department of Labor and various state and local agencies. Eric also represents clients in all stages of the labor election process, including election campaigns and hearings before the National Labor Relations Board.

Eric regularly counsels both domestic and international clients on matters relating to wage/hours issues, harassment, minimizing employer liability, reductions-in-force, and the development, implementation and enforcement of employment contracts, employee handbooks, personnel policies, restrictive covenants, and independent contractor agreements. Eric also counsels clients regarding Title VII, ADEA, ADA, WARN, FMLA, FLSA and other federal, state and local employment statutes. He also advises management on the labor aspects of mergers and acquisitions and the extraterritorial application of U.S. laws.

Honors

Labor and Employment, Legal 500, 2018

New York Super Lawyer, Super Lawyers, 2013-2018

New York Rising Stars, Super Lawyers, 2012

Articles

Labor and Employment Law Blog Posts

• "New York State Bans Employers from Holding Mandatory “Captive Audience” Meetings," November 10, 2023
• "NY HERO Act Plans Must Be Activated as COVID-19 Designated a Highly Contagious Communicable Disease," September 9, 2021
• "New Health and Safety Obligations Established as NYSDOL Publishes Its Standard and Model Airborne Infectious Disease Exposure Plan Required by NY HERO Act," July 9, 2021
• "NY HERO Act Requirements Significantly Modified as Amendments Pass New York Legislature," June 14, 2021
• "Governor to Consider Significant New Health and Safety Obligations as NY HERO Act Passes State Legislature," April 27, 2021
• "NYC Employers Take Note: Earned Sick and Safe Time Act Amendments Take Effect September 30, 2020," September 30, 2020
• "DOL Revises FFCRA Regulations in Light of New York Federal Court Decision," September 21, 2020
• "New York Federal Court Vacates Several Portions of DOL Regulations Regarding FFCRA Leave," August 12, 2020
• "New York on Pause: Governor Cuomo Orders All Non-Essential Workers to Stay Home," March 20, 2020
• "Second Circuit Holds That FLSA Settlements Pursuant To An Offer of Judgment Do Not Need Court Approval," December 12, 2019 
• "Update: Governor Cuomo Signs Significant Changes to New York Discrimination and Harassment Legislation Into Law – Employer Compliance Required," August 28, 2019 
• "Equal Pay Act Amendment Passes House of Representatives," March 28, 2019
• "Second Circuit Court of Appeals Adopts “Primary Beneficiary Test” and Provides Guidance on the Unpaid Intern Question," July 27, 2015
• "The NLRB’s Changes to Representation Case Procedures," April 15, 2015
• "New Jersey Looks to Limit Use of Criminal History in Hiring Decisions," December 20, 2013
• "The Unemployed Are Now Protected Under The New York City Human Rights Law," April 10, 2013
• "Second Circuit Rules that the FLSA Does Not Apply to Claims for Gap-Time Pay," March 21, 2013
• "Eastern and Southern District Courts Compel Plaintiffs to Arbitrate their FLSA Collective Action Claims on an Individualized Basis," March 8, 2013
• "Southern District of New York Compels Arbitration of FLSA Collective Action Claims on an Individualized Basis," December 12, 2012
• "*UPDATE* Proposed Amendments To New York Labor Law Section 193 Authorizing Additional Payroll Deductions Signed Into Law," September 20, 2012
• "Proposed Amendments to New York Labor Law Section 193 Authorize Additional Payroll Deductions," June 27, 2012
• "Wax This! New York Court Finds Restrictive Covenant In Hair Removal Specialist's Employment Agreement Unreasonable and Unenforceable," September 26, 2011
• "Ninth Circuit Attempts to Clarify Learned Professional Exemption's Educational Requirement," September 13, 2011
• "The New York State Department Of Labor Issues Guidelines, Instructions, FAQ's and Model Notices For the Wage Theft Prevention Act," April 6, 2011
• "Recently Enacted "Hospitality Wage Order" Imposes New Tip Rules," February 8, 2011
• "New York Enacts The Wage Theft Prevention Act," December 22, 2010
• "The New York State Department Of Labor Issues Guidelines, Instructions and Model Notices For New York's Notice of Pay Law," January 27, 2010
• "California's Occupational Safety and Health Standards Board Amends Medical Services And First Aid Regulations To Extend Requirements To All Employers," September 24, 2009
• "Second Circuit Holds That Employees Do Not Have Private Cause of Action Under the Railway Labor Act," September 23, 2009
• "UPDATE: Ninth Circuit Vacates Prior Decision Holding That California's Labor Code Applies To Work Performed In California By Non-Residents," February 17, 2009

New York Commercial Division Round Up Blog Posts

• "'I Quit,' 'No, You're Fired!' New York Supreme Court Tells Employer to Think Twice Before Terminating Employees Without Setting Forth a Reason," January 27, 2011; additionally published in The National Law Review, February 4, 2011

Media Mentions

Speaking Engagements

• "Managing Infectious Diseases in the Workplace: Legal Requirements for Handling Infected, Exposed, or At-Risk Employees," C4CM, Center for Competitive Management Webinar, October 16, 2015
• "Infectious Disease and the Workplace – Key Considerations for Employers," West LegalEdcenter, January 29, 2015
• "The Evolution of the Adjudication Process in Professional Athletics," Brooklyn Law School, November 20, 2014
• "Employee Social Media Use: Potential Liability for Employers Who Attempt to Regulate It and Reasonable Expectations for Employees," Bloomberg BNA Webinar, February 26, 2014
• "Social Media and the Law: An Exploratory Look into the Legal Effects of Online Interconnectedness," University of Maryland Francis King Carey School of Law, April 5, 2013
• "Access Denied: Employee Social Media Use and Potential Liability for Employers Who Attempt to Monitor or Regulate It," Bloomberg BNA Webinar, August 23, 2012
• "The Perfect Storm: How the U.S. Presidential Election and Recent Economic Events Will Impact Labor and Employment Laws in 2009 and Beyond," New York, New York, November 6, 2008
• "Guidelines for Promoting a Respectful Workplace," New York, New York, May 2008
• "Preventing Employment Discrimination in New York," Lorman Education Services, New York, New York, March 26, 2008
• "Training for Supervisors: How to Limit Liability for Employment Issues," Lorman Education Services, White Plains, New York, August 7, 2007
• "Advanced Workplace Investigations," Lorman Education Services, Melville, New York, April 7, 2006

Events

Digital Media