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BusterMelvin

He | Him | His

Partner

"I pride myself on being responsive to my clients and providing them with clear and useful legal services and counseling."

Overview

Biography

Buster primarily concentrates his practice on labor and employment matters and has extensive experience representing clients in state and federal court at the trial and appellate levels. He also represents clients before the NYS Division of Human Rights, the Equal Opportunity Commission, the Public Employment Relations Board, the National Relations Labor Board, and in labor-arbitration hearings.

Buster routinely lectures and provides training sessions for clients on a wide array of labor and employment issues. Buster also serves as the Higher Education Team leader and Associates Committee chair.

Bar Associations

  • Federal Court Bar Association for the Northern District of New York
  • New York State Bar Association
  • Onondaga County Bar Association

Selected Memberships & Affiliations

  • National Association of College and University Attorneys
Experience

Representative Experience

  • Obtained summary judgment on behalf of a manufacturer in racial discrimination and retaliation action in federal court.
  • Obtained injunctive relief on behalf of a large regional bank in noncompetition and nonsolicitation action against two former bank employees in state court, resulting in a favorable resolution.
  • Successfully represented an international aluminum manufacturer in obtaining the dismissal of Section 10(j) action brought in federal court by Region Three of the National Labor Relations Board.
  • Successfully represented one of the Northeast’s largest trucking companies in obtaining the dismissal of Section 10(j) action brought in federal court by Region Three of the National Labor Relations Board.
  • Obtained summary judgment on behalf of a medical-supplies corporation in False Claims Act action brought in state court.
  • Obtained summary judgment on behalf of county and municipal defendants in Section 1983 action involving First Amendment and false-arrest claims in federal court, which was upheld on appeal at the Second Circuit Court of Appeals.
  • Successfully defended a client in a preliminary-injunction hearing held in federal court involving nondisclosure and nonsolicitation issues in action brought by a national professional-recruiting company.
  • Defended a large hospital in wage-and-hour meal-break class and collective action in federal court that resulted in class-wide resolution.
  • Represented municipalities in binding-arbitration proceedings involving local police unions.
  • Obtained dismissal of overtime wage and hour class action.
  • Obtained dismissal of a whistleblower complain on behalf of a large regional credit union brought by a former chief financial officer.

Prior Experience

  • Hiscock & Barclay, LLP, Partner
  • Costello, Cooney & Fearon, Partner

Judicial Clerkships

  • US District Court for the Northern District of New York, Judge Frederick Scullin Jr.

Selected Community Activities

  • L'Arche Syracuse, Board Member
  • Vera House Foundation, Inc., Board Member
  • St. Lucy's Church, Former Parish Council President
  • Catholic Lawyers Guild, Former President
  • McMahon/Ryan Child Advocacy Site, Former Board Member

Selected Honors

  • The Best Lawyers in America®: Litigation – Labor and Employment, 2021-2022
  • Selected to Super Lawyers Upstate New York: Employment & Labor, 2008–2021
  • Martindale-Hubbell AV Preeminent Peer Review Rated for Very High to Preeminent Ethical Standards and Legal Ability
Knowledge

Selected Speaking Engagements

  • AIG, “Northeast Zone: Syracuse Employment Practices Liability & Excess Casualty”
  • Barclay Damon Higher Ed Seminar, “Fair Labor Standards Act, Higher Education, Employee Classification, and Pay Issues”
  • Barclay Damon Higher Ed Seminar, “Putting the Pieces Together: What Every Employer Needs to Know About FMLA and the ADA”
  • Energy Bar Association Northeast Chapter Annual Meeting, “COVID-19: Back to Work and Back to Normal?” Webinar
  • St. Lawrence Valley Human Resources Management Association, “Wage-and-Hour Update”

Selected Alerts & Blog Posts

Featured Media

Alerts

2022 Promises More Changes to Clean Water Act Regulations

Alerts

SCOTUS Strikes Down OSHA Vaccinate-or-Test Rule, but Allows CMS Mandate to Proceed

Alerts

New York State Appellate Court Grants Insurer's Motion to Rescind Policy Based on Misrepresentation in Application

Alerts

Late Fees After Acceleration or Maturity

Alerts

New York State Quietly Diverts $1.6 Billion in Federal Pandemic Funds to a Small Group of Large Home Care Providers

Alerts

Standards for Emerging Contaminants Among Proposed Changes to NYS Department of Environmental Conservation's Site Cleanup Programs

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