Daniel M. Bernstein

Of Counsel || New York

Daniel defends employers in all facets of employment litigation throughout New York State.  He is committed to effectively and efficiently representing his clients and helping them navigate the civil defense process at the federal, state, and local levels.  His frequent litigation areas include:

  • Title VII of the Civil Rights Act of 1964;
  • The Americans with Disabilities Act;
  • The Age Discrimination in Employment Act;
  • The New York State and City Human Rights Laws; and
  • The Fair Labor Standards Act.

Daniel has extensive experience defending clients in investigations by government agencies such as the EEOC, New York State Division of Human Rights, and New York City Commission on Human Rights.  Daniel guides and defends employers through charges from intake through closure.  This includes facilitating or conducting internal fact investigations; preparing position statements in response to charges; preparing clients and witnesses for agency conferences and interviews; effectively approaching settlement negotiations and mediation; and aggressively defending against the charges at hearing.  Daniel’s deep familiarity with the agencies in New York, including the propensities of the various investigators, directors, and administrative law judges, positions him to offer nuanced strategic advice at all stages of the administrative proceedings.

Daniel is also an experienced wage and hour litigator, defending employers in individual, collective, and class actions – including nationwide collective and class actions – brought under the Fair Labor Standards Act and New York Labor Law.

In addition to his litigation practice, Daniel assists employers with all aspects of workforce management, including hiring, leave, discipline, termination, disability accommodation, anti-discrimination training, and wage and hour compliance.  Daniel’s compliance work includes assisting employers in developing and implementing employment policies, drafting and revising employee handbooks, and providing counseling and advice on the frequently changing federal, state, and local employment laws and regulations.

Daniel was selected as a Super Lawyers Rising Star from 2017 through 2021 in the area of Employment Litigation.

Deeply involved in his community, Daniel has served as a board member of the Catskill Animal Sanctuary; 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 Northeastern New York presented Daniel with the Samuel E. Aronowitz Young Leadership Award.

Learn more about Daniel M. Bernstein

Notable litigation:


Admittance to Practice

Professional Activities

  • New York State Bar Association
  • American Bar Association


Insights by Daniel M. Bernstein