One Page Bio
Practice Groups
Industry Groups
Education & Admittance to Practice
Professional Activities & Speeches
Published Works
Honors & Awards
Insights

Daniel M. Bernstein

Of Counsel || New York

Industry Groups

Financial Services

Daniel Bernstein is a management-side labor and employment attorney, representing and counseling clients on a wide range of matters involving:

Federal and state wage and hour matters, including collective and class action defense
Title VII, Americans with Disabilities Act, Family and Medical Leave Act, Age Discrimination in Employment Act, and state and city Human Rights Law compliance and litigation
National Labor Relations Act
Contract drafting and review
Employee handbook drafting and review
Federal and state Fair Credit Reporting Acts
All aspects of workforce management, including hiring, leave, discipline, termination, disability accommodation, anti-discrimination training, and wage and hour compliance

Daniel was selected as a Super Lawyers Rising Star in 2017 and 2018 in the area of Employment Litigation.

Deeply involved in his community, Daniel has been a member of the Catskill Animal Sanctuary since 2015, and has served as a Board Member of the Daughters of Sarah Nursing Center, Jewish Federation of Northeastern New York, and Jewish Family Services of Northeastern New York. Daniel was also a volunteer teacher for the Mifgash Community High School Program.

In 2017, the Jewish Federation of New York presented Daniel with the Samuel E. Aronowitz Young Leadership Award.

Practice Groups

Employment Law

Industry Groups

Financial Services

Learn more about Daniel M. Bernstein

Education & Admittance to Practice

Education

J.D., salutatorian, summa cum laude, Albany Law School, 2012
M.S., State University of New York at Albany, 2008
B.A., summa cum laude, State University of New York at Albany, 2005

Admittance to Practice

New York
U.S. District Court, Northern District of New York

Professional Activities & Speeches

Professional Activities

New York State Bar Association
American Bar Association

Speeches

Employment First Conference - Our Ability and New York Business Leadership Network - "Disability in the Workplace: Protections under Federal and State Law" - New York City - October 18, 2017

Published Works

2018 - ABA Tort Trial & Insurance Practice - Employment and Labor Law, Volume 2 - "New York Becomes Fourth State to Implement Paid Family Leave"
2015 - Primerus Paradigm - "Hirer Beware: Avoiding Common FCRA Pitfalls with Employee Background Checks"

Honors & Awards

Super Lawyers Rising Star (2017-present)

Insights by Daniel M. Bernstein

New York State Issues Guidance and FAQs for Paid Sick Leave Law

On April 3, 2020, New York State enacted a statewide paid sick leave (PSL) law impacting all private employers in New York. The law requires employers to provide up to 40 or 56 hours of annual sick leave (depending on their size and net income).

New York State Enacts Paid Sick Leave Law

On April 3, 2020, the State of New York enacted a long-expected statewide paid sick leave law that will impact all private employers in New York. The law’s leave accrual provisions take effect September 30, 2020; however, employers are not required to provide sick leave to any employee until January 1, 2021.

New York State Publishes Guidance on Paid Quarantine Leave Law

On March 25, 2020, New York State published highly anticipated guidance concerning the state’s emergency paid quarantine leave law. The guidance provides answers to frequently asked questions (FAQs) addressing, among other things, benefits, eligibility, and the application process.

New York State Passes Paid Quarantine Leave Law

On March 18, 2020, at Governor Andrew Cuomo’s behest, New York State passed an emergency law that extends paid leave and additional employment protections and benefits immediately to employees involuntarily quarantined in connection with COVID-19. An initial version of the bill also included paid sick leave provisions that were not directly related to the COVID-19 pandemic and were scheduled to take effect January 1, 2021. Those provisions have been stricken from the emergency law but are expected to be passed in separate legislation.

Prepping for the Polls: What Employers Need to Know as New Yorkers Get Ready to Vote

As we approach the November 2019 elections, New York employers may want to keep in mind the state’s recently amended Election Law, which entitles employees to time off to vote.

New York Department of Labor Abandons Proposed Predictive Scheduling Rule

In November 2017, the New York State Department of Labor (NYSDOL) issued a proposed predictive scheduling rule that would have imposed various call-in pay requirements when shifts are scheduled or cancelled on short notice or when employees are on call.

View All