Mitchell Boyarsky

Mitchell Boyarsky has almost 20 years of employment and labor law experience with a focus on trade secret and restrictive covenant matters, wage and hour matters, general employment counseling, employment litigation and labor matters. He is a contributing author for a legal research publication, Practitioner Insights, offered by Thomson Reuters through WestlawNext.

Prior to joining Gibbons, Mr. Boyarsky was a partner with Jackson Lewis where he counseled clients in employment, trade secret and restrictive covenant, wage and hour and labor matters. He prepared agreements and policies, advised on employment aspects of corporate transactions and represented clients in litigations and administrative proceedings. He previously held an in-house position at Reuters America LLC where he handled the company’s employment and labor matters in the Americas. He also was the chief spokesperson and head of the bargaining committee for the company in union negotiations. Immediately after graduating from law school, he was Assistant General Counsel for the New York City Mayor’s Office of Labor Relations where he was involved in arbitrations, contract negotiations and improper practice proceedings.

Mr. Boyarsky regularly lectures on employment, labor and wage and hour issues.

Education
Brooklyn Law School (J.D., 1994)

University of Massachusetts, Amherst (B.A., cum laude, 1991)

Professional Admissions
State of New York

State of New Jersey

United States District Court for the Southern District of New York

United States District Court for the Eastern District of New York

United States District Court for the District of New Jersey

United States Court of Appeals for the Second Circuit

Professional Activities
Board of Trustees, Philip's Academy, Newark, NJ, 2012-2014

Board of Directors, Millburn Short Hills Chamber of Commerce, 2012-2013

Counsel to Millburn Short Hills Chamber of Commerce, 2010-2012

Publications
"EEOC Issues Guidance Regarding Religious Dress and Grooming Practices," Employment Law Alert, June 26, 2014 (Mitchell Boyarsky, Michael J. Riccobono)

"NY Court of Appeals Gives Guidance on What Whistleblowers Need to Allege Under New York’s Whistleblower Law to Maintain Claim," Employment Law Alert, June 5, 2014 (Mitchell Boyarsky, Lindsay J. Jarusiewicz)

"New EEOC/FTC Joint Informal Guidance on Employers’ Use of Background Checks into Workers’ Criminal Records," Employment Law Alert, April 17, 2014

"Arbitration Agreement Nullified by Employee Handbook Disclaimer According to NJ District Court," Employment Law Alert, March 5, 2014

"Are Private FLSA Settlements Here to Stay?," New Jersey Law Journal, November 18, 2013 (Mitchell Boyarsky, Lindsay J. Jarusiewicz)

"Second Circuit Declines to Rehear Decision Allowing Class Action Waivers in FLSA Suits," Employment Law Alert, October 29, 2013 (Mitchell Boyarsky, Marisa N. Hourdajian)

"New York City Now Requires Reasonable Accommodation of Pregnant Employees," Employment Law Alert, October 24, 2013 (Mitchell Boyarsky, Lindsay J. Jarusiewicz)

"Governor Christie Signs Legislation Protecting Social Networking Accounts of Employees," Employment Law Alert, September 25, 2013 (Mitchell Boyarsky, Lindsay J. Jarusiewicz)

"U.S. Supreme Court Ruling in Windsor Striking Down DOMA Will Expand Workplace Protections for Employees in Legally Recognized Same-Sex Marriages," Employment Law Alert, July 2, 2013 (Mitchell Boyarsky, Kristin D. Sostowski, Richard S. Zackin)

"Trade Secrets Theft by Former Employee Results in a Criminal Conviction Under the Federal Computer Fraud and Abuse Act but Still Leaves Uncertainty as the Scope of the Act," Employment Law Alert, June 28, 2013 and IP Law Alert

"New COBRA Notice Form Issued by DOL," Employment Law Alert, June 14, 2013

"Reminder to NYC Employers: Unemployed in Protected Class Beginning June 11, 2013," Employment Law Alert, May 29, 2013

"Employee's Facebook Posting Sinks Her FMLA Discrimination and Retaliation Claims," Employment Law Alert, March 4, 2013

"New Jersey Court Finds Violation of Computer Related Offenses Act and Other Unlawful Conduct, Ordering Disgorgement of Profits, Attorneys' Fees and Punitive Damages," Employment Law Alert, January 28, 2013

"Employers are Required to Use New Form to Comply with the Fair Credit Reporting Act," Employment Law Alert, January 25, 2013

"Federal Government Taking More Steps to Protect Trade Secrets," Employment Law Alert, January 23, 2013 and IP Law Alert, January 23, 2013

"Taking Over Former Employee's LinkedIn Account Not a Violation of Federal Law, According to Pennsylvania District Court," Employment Law Alert, November 5, 2012 and E-Discovery Law Alert

"Criminal Background Check Laws Can Complicate Hiring Decisions," New York Law Journal, October 22, 2012

"New Requirements for NJ Employers and for Employers Conducting Business in Newark, NJ," Employment Law Alert, October 3, 2012

"Reckitt Benckiser v. Tris Pharma -- New Jersey Magistrate Finds No Trade Secret Misappropriation," IP Law Alert, August 30, 2012 (Owen J. McKeon, Mitchell Boyarsky, Ralph A. Dengler)

"U.S. Supreme Court Rules Against OT Pay for Pharmaceutical Salespeople," Employment Law Alert, June 25, 2012 (Mitchell Boyarsky, Michael J. Riccobono)

"Employee Participation in Internal Investigation Not Covered by Anti-Retaliation Provision of Title VII, According to Second Circuit," Employment Law Alert, May 17, 2012

"New Updated FMLA Forms Issued by DOL," Employment Law Alert, May 7, 2012

"Healthcare System and its CEO Held Not Liable by New York District Court for Wage Claims at Single Hospital in the Hospital System," Employment Law Alert, March 7, 2012

"New Jersey District Court Enjoins Former Financial Services Employee from Taking Customer Information," Employment Law Alert, February 17, 2012

"Supervisor Can Be Held Liable Individually Under FMLA, Third Circuit Holds," Employment Law Alert, February 9, 2012

"Failure to Notify Employee of FMLA Rights Prevents Dismissal of FMLA and Disability Retaliation Claims According to NJ District Court," Employment Law Alert, January 31, 2012

"Wages and Hours for New Jersey Employers," Chamber of Commerce Resources, LLC, 2012 (Editor-In-Chief)

"The Danger of Self-Incriminating Self-Assessments," Law 360, December 11, 2011 (Mitchell Boyarsky, Co-Authored)

"Failure to Update Non-compete Agreements after Purchase of Company Foils Enforcement," Jackson Lewis website, November 9, 2011 (Mitchell Boyarsky, Co-authored)

"New Jersey Trade Secrets Law Headed for Governor’s Desk," Jackson Lewis website, November 3, 2011 (Mitchell Boyarsky, Co-Authored)

"Court Finds Misclassification of Worker Can Invalidate Restrictive Covenant Agreement," Jackson Lewis website, May 24, 2011

"Wages and Hours for New Jersey Employers," Chamber of Commerce Resources, LLC, 2011 (Editor-In-Chief)

"New Jersey Supreme Court Holds Pay Discrimination Claim Timely Although Act Occurred Beyond Limitations Period," Jackson Lewis website, December 9, 2010

"Qui Tam Action Dismissed for Failure to State a Claim," Jackson Lewis website, April 1, 2010 (Mitchell Boyarsky, Co-Authored)

"SOX Whistleblowers Entitled to Restart Cases in Federal Court, Fourth Circuit Confirms," Jackson Lewis website, January 27, 2010

"Are Employees’ Personal E-mail Accounts Off Limits?," New York Law Journal, May 26, 2009 (Mitchell Boyarsky, Co-Authored)

"Department of Labor Decision May Expand SOX Whistleblower Protection," Jackson Lewis website, March 26, 2009 (Mitchell Boyarsky, Co-Authored)

Quotes/Interviews
Quoted in "Paid Sick Leave, Bullying Loom as New Workplace Issues," The Bergen Record, December 5, 2013

Interviewed in "Gibbons Lures Jackson Lewis Labor Pro to NY-Area Offices," Law360, January 20, 2012

Quoted in "Re: Privacy - High Courts Take Up Hotbutton Issue: Should Bosses Be Free To Read Your Personal E-Mails?; Getting the Message," The New York Post, April 12, 2010

Speaking Engagements
Speaker, Gibbons P.C., "Preparing for the Impact of the NLRB's 'Quickie' Election Rules," Newark, NJ. April 10, 2014

Speaker, Gibbons P.C., "The Third Annual Employment & Labor Law Conference: Trade Secrets Law ó Legal and Practical Considerations for Employers," East Hanover, NJ. February 12, 2014

Speaker, Commerce and Industry Association of New Jersey, "Human Resources Roundtable: On Your Mark, Get Set....Are Your Ready for the 2014 Challenges?," Hasbrouck Heights, NJ. December 4, 2013

Speaker, Gibbons P.C., "Brave New Workplace: What Employers Need to Know to Protect Themselves, " Whippany, NJ. October 30, 2013

Speaker, NJCCA, "US Trade Secrets Law: Insights for Corporate Counsel," Whippany, NJ. September 20, 2013

Speaker, New Jersey Business & Industry Association, "Making Training Work," West Orange, NJ. May 10, 2013

Speaker, Gibbons P.C. , "The Second Annual Employment & Labor Law Conference: Technology & Privacy in the Workplace - Strategies to Protect Your Company," Newark, NJ. February 6, 2013

Speaker, Gibbons P.C., "Employment Roundtable - Wage/Hour & Social Media," New York, NY. May 2, 2012

Speaker, Gibbons P.C., "Employment & Labor Law Department's Year in Review: The Dynamic Nature of Wage & Hour Law, " Newark, NJ. February 16, 2012

Honors/Awards
Listed in Chambers USA Guide to America's Leading Law Firms, Labor & Employment, 2014

Listed in Super Lawyers, Employment & Labor, 2014

News
Mitchell Boyarsky Joins Gibbons, Expanding Employment Practice in NY

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Mitchell Boyarsky Attorney at Law
Mitchell Boyarsky
Director
Employment & Labor Law

Contact Information
One Gateway Center
Newark, NJ 07102-5310

One Pennsylvania Plaza,
37th Floor
New York, NY 10119-3701

Direct: 212-613-2045
973-596-4847
Fax:      212-554-9688
973-639-6246
MBoyarsky @gibbonslaw.com
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