There is a big difference between listening and waiting to talk. I am most valuable to management clients because I take time to hear and understand their business needs and capabilities rather than implement a one-size-fits-all approach. There are lots of ways to address issues, but few work as well as solutions and strategies clients buy into and are willing and able to implement. A collaborative approach to problem-solving results in reliable management, an engaged workforce and consistent results.
Marc B. Zimmerman is a Partner in the Litigation Practice Group, Leader of the Labor & Employment Practice Group and a member of the Consumer Products Industry Team. A premier management-side labor and employment attorney, Marc believes a great lawyer must take time to understand each client’s business and anticipate, as well as address, their specific needs. He does just that, and his hands-on approach to legal representation enables him to partner with his clients and build lasting relationships.
Marc advises clients on a wide range of labor relations and business issues, including wage and hour compliance, classification issues, restrictive covenants, discipline, management training, policy development, reductions in force, investigations, discrimination, harassment, retaliation, whistleblower and unemployment claims. He is also a sought-after negotiator and routinely assists management and executives in structuring, drafting and reviewing employment contracts, contractor agreements, separation agreements, restrictive covenants and executive compensation issues.
Marc has represented employers in hundreds of actions, including administrative hearings, arbitrations and lawsuits. No matter the forum – federal and state courts, contract arbitration, Departments of Labor, administrative agencies (including the Equal Employment Opportunity Commission, New York State Division of Human Rights and various other state and city human rights agencies) or the National Labor Relations Board – Marc is a highly-skilled practitioner with an expansive portfolio of representative clients. His clientele spans a range of industries, such as luxury goods, fashion, retail, automotive, manufacturing, real estate, building services, finance, education, health care and insurance (including the underwriting sector).
Marc is fluent in local and federal labor and employment law and is frequently called upon as a speaker and writer, and has been published and/or extensively quoted in Women's Wear Daily, Workforce Magazine, Corporate Counsel, Inside Counsel, Human Resource Executive Magazine and on Law360.com, MSNBC.com and the Associated Press. He has been spotlighted as a New York Trailblazer by the New York Law Journal for his approach to creating reliable, predictable, collaborative and relatable management.
Successfully defended a food distributor against a federal and state class and collective action involving alleged misclassification of warehouse management employees as exempt from overtime premium pay.
Obtained dismissal of NYS Labor Law claims for alleged failure to pay “earned” bonuses.
Successfully defended against whistleblower and retaliation claim by health care employee and was awarded sanctions against former employee and law firm representing former employee.
Obtained summary judgment of numerous state and federal employment discrimination claims for fashion industry clients.
Successfully defended numerous contractual discharge claims by non-management employees (both union and non-union) in the building service and automotive industries.
Obtained voluntary dismissal of federal wage, discrimination and retaliation claims and obtained letter of retraction for employees’ allegations in pleadings.
Negotiated high-level executive agreements in the entertainment, fashion, finance, real estate, private air travel and other industries.
Successfully prosecuted, defended and resolved restrictive covenant issues for fashion clients.
Negotiated and settled collective bargaining agreements in the building service, automotive, food distribution and restaurant industries.
Honors & Awards
Honors & Awards
- The Best Lawyers in America - Litigation - Labor and Employment (2021)
- New York Law Journal - New York Trailblazers (2019)
- Super Lawyers - Metro New York Edition, Employment & Labor (2014 - present)
- Diversity Beyond Jargon: Managing for a Truly Inclusive and Accessible Workplace Museum Store Association (MSA) Forward 2018, Washington, D.C., April 29, 2018.
- Co-Author, Client Alert: U.S. Department of Labor Issues Additional Guidance for Compliance with the Families First Coronavirus Response Act, Freeborn & Peters LLP, March 26, 2020.
- Co-Author, Client Alert: New York State Requires Sick Leave and Job Protection for Employees Subject to Quarantine or Isolation due to COVID-19 Crisis, Freeborn & Peters LLP, March 26, 2020.
- Co-Author, Client Alert: President Signs COVID-19 Paid Leave Bill into Law, Freeborn & Peters LLP, March 19, 2020.
- Dress Code Red: That Policy May Need a Makeover, Women's Wear Daily (WWD), November 7, 2019.
- How Fashion Employers Can Safeguard Against Legal Woes, Women's Wear Daily (WWD), May 2, 2019.
- Co-Author, 5 easy ways hotel employers can steer clear of trouble, Hotel News Now, April 9, 2019.
- A Case for Managing Restaurant Management, Modern Restaurant Management, October 9, 2018.
- Co-Author, Congress Makes A Splash By Tackling Tip Pools, Law360, April 26, 2018.
- A tip: Be mindful of pending changes for gratuities, Hotel News Now, February 23, 2018.