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BenWilkinson

Partner

"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.

In addition to his legal practice, Ben serves as chair of the firm’s Associate Integration Committee.

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.
  • Handled an internal sexual harassment and hostile work environment investigation for a not-for-profit agency and provided training on sexual harassment prevention.
  • Successfully defended a county sheriff's office against claims of discrimination based on gender filed with the Division of Human Rights by obtaining a finding of no probable cause for the client.

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

Selected Podcasts

Featured Media

Alerts

Fourth Department Finds Language in 1980 Statute Is Gender Neutral for Purposes of Child Victims Act

Alerts

Priority of Federal Tax Lien on Personal Property: Secured Lender vs. IRS

Alerts

COVID-19 Business Interruption Update: New York High Court Affirms in Favor of Insurer

Alerts

USFWS Introduces General Permit for Bald and Golden Eagle Incidental Take

Alerts

ORES Executive Director Issues First Denial of Section 94-C Permit Application Following Applicant's Partial Loss of Site Control

Alerts

New Details About OPWDD Spending in the New York State FY 2025 Executive Budget

We're Growing in DC!

We’re excited to announce Barclay Damon’s combination with Washington DC–based Shapiro, Lifschitz & Schram. SLS’s 10 lawyers, three paralegals, and four administrative staff will join Barclay Damon while maintaining their current office in DC’s central business district. Our clients will benefit from SLS’s corporate, real estate, finance, and construction litigation experience and national energy-industry profile, and their clients from our full range of services.

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