Working it Out - Effective Employment Dispute Resolution

The NYS Academy of Trial Lawyers is the largest statewide trial bar in the US with 5,700+ lawyer and judge members. We are committed to protecting, preserving and enhancing the civil justice system. Our highly acclaimed CLE programming features extraordinary presenters covering the most timely and important topics.

Hon. Alan D. Scheinkman’s remarkable legal career as both a judge and litigator includes his appointment as the Presiding Justice of the Second Judicial Department of the New York State Supreme Court, Appellate Division. During his tenure on the Appellate bench, he heard a wide variety of appeals, including complex litigation matters such as business disputes, labor and employment, partnerships, landlord and tenant, commercial foreclosure cases, business receiverships, business torts (fraud and deceit, usurpation of business opportunities), matrimonial and family law, trusts and estates, defamation, land use and construction, health law, and wage and hour cases. He also created and presided over special panels for commercial, matrimonial, estate, and land use appeals. Judge Scheinkman applies his expansive knowledge and experience in his capacity as a Hearing Officer at NAM, overseeing a broad array of business, contracts, construction, and consumer finance matters.

Rachel has built a practice providing exceptional counsel to her clients in all areas of employment law. She advises businesses and individual executives on a wide range of complex employment issues across every stage of the employee life cycle: hiring, integration, retention, elimination, and separation. Rachel counsels business principals on all employment and human resource topics related to hiring, firing, retention, employee management, personnel policies, employee handbooks, and employment agreements. Her primary focus is reducing company risk and improving employee engagement. She provides comprehensive solutions to workforce challenges, evaluating cost-effective measures, addressing discrimination claims, and ensuring efficient resolution of employment and compliance matters. Rachel also coaches business professionals and senior executives on hiring and separation negotiations, as well as performance management. With her broad perspective on employment disputes, Rachel provides keen insight into proactive measures that efficiently meet the objectives of her corporate and business clients. Rachel earned her Juris Doctor from St. John’s University School of Law and has focused her practice on employment law. Prior to joining the firm, she was a managing attorney at a prominent employment law firm in midtown Manhattan, where she represented clients in all stages of litigation and arbitration. She has been recognized as a New York 'Super Lawyer: Rising Star' from 2019 through 2024. Rachel is admitted to practice in the state and federal courts of New York and New Jersey.

Patrick helps employers manage and compensate employees lawfully, uphold high performance standards, and defend against unfounded legal claims, including class and collective actions. Patrick has extensive experience defending wage and hour cases, including class and collective actions, lawsuits by overtime-exempt employees claiming entitlement to overtime pay, claims by independent contractors alleging they should be treated as employees, and lawsuits from employees claiming they were required to work off-the-clock. Patrick also helps businesses avoid litigation by advising on all aspects of employee relationships. These subjects include compensation for exempt and nonexempt employees, as well as executives; leaves of absence; discipline and termination; managing employees with physical and mental conditions affecting work; distinguishing employees from independent contractors; non-competition agreements; employment contracts; separation agreements; and reductions in force. He has assisted major clients in developing and enforcing arbitration agreements. Patrick is a frequent speaker and author on employment law, including arbitration and collective actions. His articles have been published in The Boston Globe, New England In-House, Compensation & Benefits Review, and Mass High Tech.