Nicholas M. Reiter
Partner
Nick's areas of concentration include:
- Defending employers in courts and arbitrations against allegations of discrimination, harassment, retaliation, wage-and-hour violations, breaches of contract, and trade secret misappropriation
- Representing and advising employers in connection with unfair competition matters involving former employees, such as breaches of non-competition, non-solicitation, or non-disclosure agreements
- Advising employers regarding workplace practices and policies, including COVID-19 safety protocols, independent contractor classifications, disability accommodations, employee disciplinary actions, reductions in force, and amendments to employee handbooks
- Negotiating collective bargaining agreements with labor unions and defending employers against unfair labor practice charges pending before the National Labor Relations Board
- Conducting internal investigations of employee misconduct, including allegations of harassment, embezzlement, and breaches of fiduciary duty
- Providing anti-harassment and anti-discrimination training for employees
- Conducting company-wide audits of employee overtime classifications to ensure compliance with federal and state wage-and-hour laws
- Representing employers in connection with audits and investigations initiated by government agencies, including the U.S. Department of Labor, the U.S. Department of Homeland Security, and the New York State Department of Labor
- Representing independent schools and other educational institutions in arbitrations, mediations, and lawsuits involving employees, students, and students' families
Related Practices
Experience
Experience
Representative Matters
- As first-chair trial counsel, successfully defended two healthcare system officers against a retaliatory discharge claim during a five-day jury trial in the U.S. District Court for the Eastern District of New York
- Attained summary judgment dismissal of national origin discrimination claims and a retaliatory failure to re-hire claim against a large hospital employer (Saji. v. Nassau University Medical Center, 2:13-cv-03866, E.D.N.Y 2017); successfully argued and defeated plaintiff's appeal of the dismissal order before the U.S. Court of Appeals for the Second Circuit, Case No. 17-878 (2d Cir. Jan. 30, 2018)
- As first-chair trial counsel, successfully defended an employer against a breach of employment contract claim during a four-day trial in the U.S. District Court for the Southern District of New York
- Attained summary judgment dismissal of age discrimination and retaliation claims for a general contractor firm in Dunaway v. MPCC Corp., 7:12-CV-7609 (S.D.N.Y. 2015); successfully argued and defeated appeal of the dismissal order before the U.S. Court of Appeals for the Second Circuit, Case No. 15-2587 (2d Cir. Sep. 27, 2016)
- Advised employer during five-month union organization campaign, resulting in approximately two-thirds of the potential bargaining unit members voting against union membership
- Successfully moved for dismissal of labor union action to compel arbitration of disputes relating to medical benefits for client's retirees
- Attained summary judgment dismissal of an employee's promissory estoppel and defamation claims against a large hospital employer
- Defeated an employee's appeal to the U.S. Court of Appeals for the Second Circuit, seeking reinstatement of claims for alleged race discrimination, retaliation, and constitutional rights violations
- Before commencing discovery, successfully moved for dismissal of claims for negligence, gross negligence, negligent hiring, and negligent supervision of employees arising from altercation between students of an independent school
Insights
Insights
Credentials
Credentials
Education
- J.D. cum laude Brooklyn Law School 2008
- Editor-in-chief, Journal of Law and Policy
- B.A. College of William & Mary 2004
Bar Admissions
- New York
Court Admissions
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Northern District of New York
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Western District of New York
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. Court of Appeals for the Tenth Circuit
Clerk Experience
- Honorable David N. Hurd U.S. District Court for the Northern District of New York
Recognition
Recognition
- City & State, 40 Under 40 Rising Stars, Labor, 2020
- Super Lawyers, Rising Star, Employment & Labor, New York Metro, 2014 – 2020
Community
Community
Pro Bono
- Successfully argued an appeal before the New York State Appellate Division on behalf of a pro bono client in a case involving the restoration of the client's custody of her children