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RossGreenky

He | Him | His

Associate

"It's that every now and then when you get to be a part of justice being done—that really is quite a thrill."

Overview

Biography

Ross primarily concentrates his practice on labor and employment matters, routinely assisting employers with navigating workplace issues such as workplace discrimination, harassment, and retaliation; employee classifications; FMLA compliance; employee terminations, and wage-and-hour compliance. He routinely handles audits and investigations from the NYS and US Department of Labors and the New York City Department of Consumer Affairs. In addition, Ross has experience litigating employment-related matters in federal and state courts and before the US Equal Employment Opportunity Commission and the NYS Division of Human Rights.

Ross also counsels clients on a variety of business-related issues, including employment agreements, restrictive covenants, employee handbooks and employment policies, settlement and separation agreements, and general compliance with federal , state, and local labor and employment laws.

In addition to his own practice, Ross serves as a member of the firm's Next Generation Committee.

Bar Associations

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

Representative Experience

  • Counseled an employer in connection with pending website-accessibility litigation under the Americans With Disabilities Act, the NYS Human Rights Law, the NYS Civil Rights Law, and the New York City Human Rights Law.
  • Obtained numerous “no probable cause” determinations for employers in the defense of discrimination, retaliation, and harassment claims before the NYS Division of Human Rights.
  • Obtained summary judgment in favor of an employer in an alleged disability discrimination and retaliation case.
  • Obtained dismissal of an unfair-labor-practice charge and subsequent appeal against a private research university in New York State before the National Labor Relations Board.
  • Provides training and seminars to employers on various labor and employment issues.
  • Obtained a no probable cause determination for a former employee in an age discrimination case before the NYS Division of Human Rights. 
  • Represented a barbeque restaurant in a lawsuit filed by a former employee alleging sex and sexual orientation discrimination, sexual harassment, and retaliation. After the conclusion of discovery, the restaurant moved for summary judgment, and the court granted summary judgment in full. 
  • Represented a barbeque restaurant when a verified complaint was filed with the New York State Division of Human Rights (NYSDHR) and the United States Equal Employment Opportunity Commission (EEOC) claiming unlawful discriminatory practices relating to employment because of gender identity expression, race and color, sex, sexual orientation, and domestic violence victim status. After investigation, the NYSDHR concluded there was no probable cause that the discrimination occurred and dismissed the matter. The EEOC adopted the findings of the NYSDHR and dismissed the federal claims. The complainant was not employed by the barbeque restaurant, but rather was employed by a food ordering and delivery company and was arguing that he should be considered an employee of the barbecue restaurant. 

Prior Experience

  • Hiscock & Barclay, LLP, Associate
  • Hancock Estabrook, LLP, Associate
  • US Magistrate Court for the District of New Jersey to Judge Madeline Arleo, Judicial Intern
  • Office of the NYS Governor, Summer Associate

Selected Community Activities

  • Syracuse Hebrew Day School, Board Member
  • Onondaga County Volunteer Lawyers Project

Selected Honors

  • Selected to Super Lawyers Upstate New York Rising Stars: Employment & Labor, 2017–2018; Employment Litigation: Defense, 2019–2021
  • New York State Bar Association, Empire State Counsel Honoree, 2018
Knowledge

Selected Speaking Engagements

  • Gilroy, Kernan & Gilroy,  “Marijuana in the Workplace”
  • Gilroy, Kernan & Gilroy, “US Department of Labor’s Payroll Audit Independent Determination Program”
  • Gilroy, Kernan & Gilroy, “Harassment Training – Education, Prevention, and Investigation: The Trifecta of a Defense”
  • St. Lawrence SHRM Annual Event, “Wage & Hour Update”

Selected Alerts & Blog Posts

Featured Media

Alerts

Recent DOJ and OCR Settlement Highlights Provider Responsibilities to Deaf and Hearing Impaired Patients

Alerts

Court Rules in Favor of Office of Renewable Energy Siting Regulations in Article 78 Challenge

Alerts

HHS OCR Issues Guidance on HIPAA and COVID-19 Vaccine Information

Alerts

New York State Cannabis Control Board Holds First Meeting

Alerts

NYS DOH and DASNY Announce Availability of Funds for Residential Health Care and Other Providers

Alerts

To Dismiss or Not to Dismiss? Second Department Takes Another Look at Abandonment

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