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Larry Oppenheimer


"People make or break your business."



Larry is Barclay Damon’s Labor & Employment Practice Area chair. With over 35 years of legal experience, including serving as outside general counsel for a Fortune 500 company, Larry has a deep understanding of the demands placed on employers as they manage their workforces.

He advises clients on compliance with various state and federal laws affecting the workplace, including the National Labor Relations Act; Title VII of the Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act; the Family and Medical Leave Act; the Americans With Disabilities Act; the Fair Labor Standards Act; Executive Order 11246; and the Worker Adjustment and Retraining Notification Act.

Larry defends clients in matters involving retaliation claims, employment class actions, and severance benefits. Additionally, in connection with the National Labor Relations Act, he defends clients in unfair labor practice charges and at grievance and arbitration hearings, and negotiates union contracts.

Larry also counsels clients in employment-practice audits, worker-classification issues, and OSHA and safety-compliance audits, and he regularly conducts management-training seminars. He also prosecutes claims involving breaches of non-competition and non-solicitation agreements, trade secrets, and other commercial torts.

Bar Associations

  • Bar Association of Erie County
  • New York State Bar Association
  • The Florida Bar
  • American Bar Association

Selected Memberships & Affiliations

  • Labor Lawyers Advisory Council to CUE
  • US District Court for the Northern District of New York, Pro Se Assistance Program
  • Canisius College, Former Lecturer
  • Society of Human Resources Management, Lecturer, Former Lecturer

Representative Experience

  • Represented an energy-services company in an arbitration against an ex-employee and a labor union claiming wrongful termination. The case involved alleged theft of time and ethical violations, and it was ultimately decided that the client did have just cause for discharging its employee for knowingly inputting false information and destroying the trust necessary to maintain the employment relationship.
  • In numerous matters, successfully defended clients against charges of employment discrimination based on race, sex, sexual orientation, age, disability, and national origin with the NYS Division of Human Rights and the Equal Employment Opportunity Commission (EEOC), resulting in the dismissal of all complaints.
  • Negotiated collective bargaining agreements with the Teamsters, SEIU, IUOE, and District Council 1707.
  • Regularly provides advice to municipalities with respect to unionized employees and in collective negotiations for bargaining units, contract and disciplinary grievances, and improper-practice charges.
  • Represented a hospitality client in New York City before the American Arbitration Association against an ex-employee and a labor union in a wrongful-termination case involving alleged workplace violence. It was ultimately decided that the client had just cause for discharging its employee for engaging in workplace violence in violation of its policy and the parties' collective bargaining agreement.
  • Represents hospitality clients in wage-and-hour Department of Labor (DOL) audits alleging improper tip credit, overtime calculations, etc.
  • Represents numerous clients in worker-classification matters, including class-action litigation in California.
  • Obtained a temporary restraining order and preliminary injunction in the US District Court for the Northern District of New York, enjoining a former executive from competing or soliciting clients of the client and from disclosing trade secrets.
  • Successfully obtained a preliminary injunction against former sales executives who breached their noncompetition agreements and against their new employer, providing an opportunity for a favorable settlement.

Prior Experience

  • Hiscock & Barclay, LLP, Partner
  • Cohen, Swados, Wright, Hanifin, Bradford & Brett, LLP, Partner

Selected Community Activities

  • American Jewish Committee, Chair
  • Say Yes Buffalo, Pro Se

Selected Honors

  • The Best Lawyers in America®: Employment Law—Management, 2013-2020
  • Selected to Super Lawyers Upstate New York: Employment & Labor, 2007-2019
  • Buffalo Business First, Legal Elite Leaders of Western New York, 2016
  • Who’s Who in American Law
  • Martindale-Hubbell AV Preeminent Peer Review Rated for Very High to Preeminent Ethical Standards and Legal Ability

Selected Speaking Engagements

  • Barclay Damon Client Briefings, “Cross-Border Labor Issues,” “New Year, New Administration,” Mid-Year Course Correction,” “Workplace Policies Re-Defined for 2016,” “The Impact of New York State’s ‘Year of the Worker’ on Your Business,” “What Every Employer Needs to Know About FMLA and the ADA,” and “Cross-Border Labor and Employment Issues”
  • CUE Conference, “The Escalating Risks of Joint Employment Issues”
  • CUE Conference, “US Labor Law Trends: The Impact in Canada”
  • CUE Conference, “Labor & Employment Practice and Social Media: On a Collision Course”
  • Western New York Association of Corporate Counsel, “Recognizing and Protecting Your Business From Fraud”

Selected Alerts & Blog Posts

Featured Media


Courtroom Battles Ahead for Emergency Regulations Addressing Vaping-Associated Pulmonary Illnesses


Court of Appeals Green Lights Associational Discrimination Lawsuit Under the ADA


Federal Appeals Court Strikes Down Contractual Limitation Period for Title VII Claims

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