Overview

Mr. Boyarsky, a former in-house attorney who handled employment and labor matters throughout the Americas for his company, applies practical strategies to advise clients in a variety of workplace subjects, particularly focused on restrictive covenant, wage and hour, and executive contracts matters, as well as related litigation. For almost 20 years, he has represented management exclusively in workplace law. Mr. Boyarsky often litigates matters in federal and state court, especially in New Jersey and New York. Such litigations involve alleged employment discrimination, harassment, retaliation, breach of contract, restrictive covenant protection, unfair competition, and wage and hour violations. He also advises clients in labor matters, including collective bargaining, arbitrations, and preventive employee relations. Mr. Boyarsky is a member of the Gibbons Privacy and Data Security Task Force to oversee trade secrets and workplace privacy matters.

Mr. Boyarsky regularly prepares contracts and policies and consults on personnel subjects in connection with corporate mergers and acquisitions. He often counsels on matters of disability and leave management, to analyze and respond to disability accommodation requests. Mr. Boyarsky spends significant time assisting clients in investigating workplace complaints typically involving sexual harassment, discrimination, and unfair treatment. He also advises senior executives related to employment agreements, restrictive covenant agreements and severance agreements. Mr. Boyarsky regularly works with clients in a variety of service industries, including media, financial services, telecommunications, private equity, hospitality, education, professional services (such as employee recruiting), medical, software consulting, and engineering, as well as manufacturing and distribution companies.

Mr. Boyarsky regularly lectures on employment, labor, and wage and hour issues and is a contributing author for the legal research publication, Practitioner Insights, offered by Thomson Reuters through WestlawNext.

FOCUS AREAS

  • Assists clients in both litigating and defending against claims involving non-competition, non-solicitation, and confidential information agreements
  • Drafts numerous restrictive covenant agreements for clients
  • Assists clients in recovering misappropriated information and trade secrets prior to litigation by issuing cease and desist correspondence and negotiating resolutions

  • Assists clients in converting employees from exempt to non-exempt classifications, including preparing related policies, communications materials, and time-keeping procedures
  • Conducts internal wage audits of employee classifications, record-keeping, and reporting obligations to help clients comply with wage and hour laws
  • Represents clients in wage and hour audits by state and federal departments of labor focused on misclassifications, independent contractor status, time-keeping, and record-keeping
  • Litigates cases involving wage and hour claims asserted under the Fair Labor Standards Act (FLSA) and equivalent state laws

  • Defends against numerous lawsuits and government administrative complaints alleging violations of Title VII, Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Section 1981, Family Medical Leave Act (FMLA), and equivalent state fair employment laws
  • Represents clients investigated by state and federal government agencies

  • Advises clients on the use of background checks conducted by credit reporting agencies
  • Advises clients on employee misuse of corporate communications systems and databases
  • Prepares social media, corporate communications, and confidentiality policies

  • Negotiates first-time collective bargaining agreements and renewal agreements
  • Arbitrates disciplinary and contract interpretation cases
  • Handles unfair labor practice proceedings before the National Labor Relations Board
  • Advises clients responding to strikes and work stoppages

Education

  • Brooklyn Law School (J.D.)
  • University of Massachusetts - Amherst (B.A., cum laude)

Professional Activities

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

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

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

Practitioner Insights, offered by Thomson Reuters through WestlawNext
Contributing Author for Legal Research Publication

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

Publications & Features

HONORS & AWARDS

Listed in Chambers USA Guide to America's Leading Lawyers for Business, Labor & Employment

Selected to the New Jersey Super Lawyers list, Employment & Labor

Selected to the New York Super Lawyers list, Employment & Labor

All Events