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BenWilkinson

Counsel

"I am committed to providing my clients with reasoned advice and guidance to keep up with an ever-changing legal landscape."

Overview

Biography

Ben primarily concentrates his practice on labor and employment matters, representing employers before the Equal Employment Opportunity Commission, the NYS Division of Human Rights, and federal and state courts regarding employment discrimination claims, wage and hour claims, and breach of employment contracts. Ben also represents employers in wage and hour audits conducted by the US and NY Departments of Labor.

Ben regularly advises employers regarding compliance with a variety of NYS and federal employment laws. Additionally, he has experience drafting employee handbooks, employment contracts, and separation agreements.

Bar Associations

  • New York State Bar Association
Experience

Representative Experience

  • Successfully obtained several “no probable cause” findings in discrimination charges brought against employers before the US Equal Employment Opportunity Commission and NYS Division of Human Rights.
  • Successfully resolved multiple US and NY Departments of Labor wage and hour audits on behalf of employers.
  • Drafted comments to NYS Legislature regarding proposed NYS call-in pay regulations.
  • Contributed to an amicus brief on behalf of associations of home health care providers in support of the 13-hour rule in Andryeyeva v. New York Health Care, Inc. before the NYS Court of Appeals.
  • Conducted a sexual harassment investigation involving claims against a CEO.

Prior Experience

  • Hinman Straub P.C., Principal
  • Hinman Straub P.C., Associate
  • Drake Loeb PLLC, Associate
  • US District Court for the Southern District of New York to Judge Morris, Judicial Intern

Selected Community Activities

  • Legal Services of the Hudson Valley, Former Volunteer

Selected Honors

  • Pace University School of Law, University Merit Scholarship, 2007-2010
  • Pace University School of Law, Federal Judicial Honors Program, 2008-2009
Knowledge

Selected Speaking Engagements

  • LeadingAge New York Annual Conference and Exposition, “Navigating a New Workplace Culture and Other NYS Employment Updates”
  • Home Care Association of New York State, “Revised Proposed NYSDOL “Call-In” Pay Regulations”
  • New York Thoroughbred Horsemen’s Association, “Keeping Up with the Ever-Changing World of NYS and Federal Labor Law”
  • LeadingAge New York Annual Conference and Exposition, “Labor and Employment Update”
  • LeadingAge New York Human Resources Summit, “Under Pressure: Examining Five New Wage and Hour Mandates and the Impacts on Employers”

Selected Alerts & Blog Posts

Featured Media

Alerts

NYS Legislature Passes Legislation to Reopen the CDPAP Fiscal Intermediary Procurement Process

Alerts

Pennsylvania State Court Grants Summary Judgment to Dental Practice Against Insurer for COVID-19 Business Interruption Coverage

Alerts

Unpacking the Impact of the Newly Effective Information Blocking Rule

Alerts

Second Circuit Court of Appeals Certifies Questions Regarding Damages for Improper Judgment Enforcement to New York Court of Appeals

Alerts

NYS Governor Cuomo Signs Bill to Fully Repeal Immunity for Certain Health Care Providers and Facilities

Alerts

Gridlock and Middleman Lobbying Cause NYS Pharmacy Benefit Manager Reforms to Fail Again in NYS Budget

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