Recent News

  • FEDERAL COVID-19 EMERGENCY LEGISLATION

    Posted on March 23, 2020

    FEDERAL COVID-19 EMERGENCY LEGISLATION

    EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT (FMLA)

    SHORT SUMMARY

    Requires employers to provide ten (10) days of unpaid leave then up to ten weeks of paid leave for employees unable to work (or telework) due to their minor child’s school or place of care being closed due to COVID-19. 

    ELIGIBLE EMPLOYEES

    All employees who have been employed for at least 30 calendar days by the employer as of April 2, 2020 and have a qualifying need to take leave related to a public health emergency.

    • A qualifying need related to a public health emergency means the employee is unable to work (or telework) due to a need to care for the son or daughter under 18 years of age of such employee if the school or place of care has been closed, or the child care provider of such son or daughter is unavailable, due to a public health emergency.
    • A public health emergency means an emergency with respect to COVID-19 declared by a federal, state, or local authority.

    EMPLOYERS REQUIRED TO COMPLY

    Employers with less than 500 employees.  Sec. of Labor may exempt small businesses with fewer than 50 employees when imposition of such requirements would jeopardize the viability of the business as a going concern. 

    FIRST TEN DAYS- unpaid leave or employee may elect to use accrued leave (see the Emergency Paid Leave Act, which provides for up to 10 days of paid leave)

    PAID LEAVE REQUIREMENT

    An employer must provide paid leave for each day of leave that an employee takes after taking leave under this section for 10 days.

    CALCULATION OF PAY

    • An amount that is not less than two-thirds of an employee’s regular rate of pay and the number of hours the employee would otherwise be normally scheduled to work (subject to calculation for an employee with varying work schedule, see below)
      • For an employee with a varying work schedule, hours will be calculated as follows: A number equal to the average number of hours that the employee was scheduled to work per day over the 6-month period ending on the date on which the employee takes such leave, including hours for which the employee took leave of any such type.  If the employee did not work over such period, then the reasonable expectation of the employee at the time of hiring of the average number of hours per day that the employee would normally be scheduled to work. 
    • The paid leave is capped at and shall not exceed $200 per day and $10,000 in the aggregate

    FEDERAL EMERGENCY PAID SICK LEAVE ACT

    SHORT SUMMARY

    Requires employers to provide up to ten (10) days of paid leave for employees under a government quarantine or isolation or to care for a family member that is under government quarantine or isolation. 

    EFFECTIVE DATE

    An individual employed as of April 2, 2020.  Employees are eligible for this leave immediately, there is no waiting period unlike emergency FMLA.  This act sunsets on December 31, 2020. 

    SIZE OF EMPLOYERS SUBJECT TO ACT

    Applies to employers with less than 500 employees.  Sec. of Labor may exempt small businesses defined as those with fewer than 50 employees if the required leave would jeopardize the viability of their business.

    HOURS EMPLOYERS MUST PAY

    Full-time employees are entitled to 80 hours of paid sick time.

    Part-time employees are entitled to a number of hours equal to the number of hours that such employee works, on average, over a 2 week period. 

    NOTICE REQUIREMENT

    Employers must post and keep posted the requirements of this act.  Sec. of Labor will provide a model notice by April 9, 2020. 

    PENALTIES FOR FAILURE TO COMPLY

    Violations for unpaid sick leave or unlawful termination will be considered failure to pay minimum wage in violation of Fair Labor Standards Act. 

    Reason for Leave

    Rate of Pay

    Daily/Aggregate Maximum

    (1)-The employee is subject to a Federal, State, or local quarantine or isolation order related to CVOID-19.

    Employee’s regular rate of pay

    Up to $511 per day and $5,110 in the aggregate

    (2)-The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19.

    Employee’s regular rate of pay

    Up to $511 per day and $5,110 in the aggregate

    (3)-The employee is experiencing symptoms of COIVD-19 and seeking a medical diagnosis.

    Employee’s regular rate of pay

    Up to $511 per day and $5,110 in the aggregate

    Reason for Leave

    Rate of Pay

    Daily/Weekly Maximum Allowed

    (4)-The employee is caring for an individual who is subject to an order as described in paragraph (1) or has been advised as described in paragraph (2)

    Two-thirds (2/3) of employee’s regular rate of pay

    Up to $200 per day and $2,000 in the aggregate

     

    (5)-The employee is caring for a son or daughter of such employee if the school or place of care of the son or daughter has been closed, or the child care provider of such son or daughter is unavailable, due to COVID-19 precautions.

    Two-thirds (2/3) of employee’s regular rate of pay

    Up to $200 per day and $2,000 in the aggregate

     

    (6)-The employee is experiencing any other substantially similar condition specified by the Secretary of health and Human Services in consultation with the Secretary of the Treasury and Secretary of Labor. 

    Two-thirds (2/3) of employee’s regular rate of pay

     

    Up to $200 per day and $2,000 in the aggregate

     

     

     

     

  • WARN ACT CHART

    Posted on March 23, 2020

    Jurisdiction

    Employers Required to Provide Notification

    Circumstances that trigger WARN

    Notice Requirement*

    Notice Exceptions

    Federal

    Businesses with 100 or more full-time workers (not counting workers who have less than 6 months on the job and workers who work fewer than 20 hours per week) is laying off at least 50 people at a single site of employment, or employs 100 or more workers who work at least a combined 4,000 hours per week, and is a private for-profit business, private non-profit organization, or quasi-public entity separately organized from regular government

    1) Closing a facility or discontinue an operating unit permanently or temporarily, affecting at least 50 employees, not counting part-time workers, at a single site of employment, subject to 30 or 90 day lookback period.

     

    2) Lays off 500 or more workers (not counting part-time workers), and these layoffs constitute 33% of the employer’s total active workforce at the single site of employment, subject to 30 or 90 day lookback period.

     

    3) Announces temporary layoff of less than 6 months that meets either of the above two criteria and then decides to extend the layoff for more than 6 months.  If the extension occurs for reasons not reasonably foreseeable at the time the layoff was originally announced, notice need only be given when the need for the extension becomes known.  Any other case is treated as if notice was required for the original layoff.

     

    4) Reduces hours of work for 50 or more workers by 50% or more for each month in any 6 month period. 

    60 days, subject to exceptions

    1) Faltering Company: When, before a plant closing, a company is actively seeking capital or business and reasonably in good faith believes that advance notice would preclude its ability to obtain such capital or business, and this new capital or business would allow the employer to avoid or postpone a shutdown for a reasonable period.

     

    2) Unforeseeable business circumstances: When the closing or mass layoff is caused by business circumstances that were not reasonably foreseeable at the time that 60-day notice would have been required (i.e., a business circumstance that is caused by some sudden, dramatic, and unexpected action or conditions outside the employer’s control, like the unexpected cancellation of a major order).

     

    3) Natural Disaster: When a plant closing or mass layoff is the direct result of a natural disaster such as a flood, earthquake, drought, storm, tidal wave, or similar effects of nature.  In this case, notice may be given after the event. 

    *Notice must be sent to affected employees, the dislocated worker unit, local chief elected official, and union representative (if applicable). 

     

    Jurisdiction

    Employers Required to Provide Notification

    Circumstances that trigger WARN

    Notice Requirement*

    Notice Exceptions

    New York State

    1) Businesses that employ at least 50 full-time employees within New York State excluding part-time employees.  Part =-time employees are employees employed for an average of fewer than twenty (20) hours per week or who has been employed for fewer than six (6) of the twelve (12) months preceding the date on which notice is required. 

     

    2) Businesses that employ at least 50 full-time or part-time employees within New York State who work at least 2,000 hours per week in the aggregate, inclusive of overtime hours earned on a regular basis.  Overtime hours are “earned on a regular basis” when such employee has worked overtime in seven or more weeks of the twelve weeks immediately prior to the date upon which notice was required. 

    1) A mass layoff which is not the result of a plant closing and results in (1) an employment loss at a single site of employment during any 30 day period for a third or more of the employees, but at least 25 employees (excluding part-time employees), or (2) at least 250 employees (excluding part-time employees).  Subject to 30 or 90 lookback period.

     

    2) A plant closing, which is a permanent or temporary shutdown of either an entire site of employment, or one or more “facilities or operating units” within a single site, causing an employment loss for at least 25 employees during any 30-day period (excluding part-time employees).  Subject to 30 or 90 lookback period.

     

    3) A relocation event, which is the removal of all or substantially all od the industrial and commercial operations of an employer to a different location 50 miles or more away from the original site of operation where 25 or more employees, excluding part-time employees, suffer an employment loss.  Subject to 30 or 90 lookback period.

     

    90 days, subject to exceptions

    1) Faltering Company- applies to employers actively seeking new capital or business where providing notice of the shutdown would preclude the ability to obtain the needed capital or business.

     

    2) Unforeseeable Business Circumstances- caused by circumstances that were not reasonably foreseeable when the 90-day notice period would have been required.

     

    3) Natural Disaster- same as Federal (above).

    Employer must still provide as much notice as possible to all required parties. 

    *Notice must be sent to affected employees, their representatives, the New York State Department of Labor, and local workforce partners (if applicable). 

  • NEW YORK PAID LEAVE ACT

    Posted on March 23, 2020

    A MANDATORY OR PRECAUTIONARY ORDER OF QUARANTINE OR ISOLATION ORDER (“ORDER)

     

    Means “a mandatory or precautionary order of quarantine or isolation issued by the state of New York, the department of health, local board health, to any government entity duly authorized to issue such order due to COVID-19”. 

     

    Employees are eligible for leave immediately, regardless of length of employment tenure. 

    Employer Size

    Sick leave to be Provided

    PFL/Disability

    10 or fewer employees as of 1/1/20 with net income $1 million or less in the previous tax year

    Unpaid sick leave until termination of order

    During the period of the order the employee shall be eligible for paid family leave benefits and disability benefits

    10 or fewer employees as of 1/1/20 with net income of greater than $1 million or more in the previous tax year

    At least five (5) days of paid sick leave and unpaid leave until termination of order

    Employee shall be eligible for paid family leave benefits and disability benefits after five days of paid leave until the end of the period of the order

    Between 11 and 99 employees as of 1/1/20

    At least five (5) days of paid sick leave and unpaid leave until termination of order

    Employee shall be eligible for paid family leave benefits and disability benefits after five days of paid leave until the end of the period of the order

    100 or more employees as of 1/1/20

    At least fourteen (14) days of paid sick leave until termination of Order

    Act is silent

     

    EXCLUSIONS

    • Does not apply to employees deemed asymptomatic or has not yet been diagnosed with any medical condition and is physically able to work while under an order, whether through remote access or other similar means.
    • Does not apply to employees subject to an order after travelling to a country subject to a level two or three health notice from the CDC and the travel was not taken within the scope of the employee’s employment.  Employee may use accrued sick leave.  If employee has insufficient accrued sick leave then unpaid sick leave shall be provided for the duration of the order. 

    RETURN TO WORK

     

    An employee shall be restored to the position of employment held prior to taking leave pursuant to this act together with the same pay and other terms and conditions of employment. 

  • WBEMZ&S Ranks Top in NYC Real Estate Market

    Posted on October 12, 2019

    Westerman Ball is ranked among the top of New York City Real Estate law firms in the October 2019 issue of The Real Deal for the Dollar Value of Closed Sales.  Read the article here The Real Deal NYC Rankings

  • WBEMZ&S Welcomes New Partner

    Posted on September 6, 2019

    Westerman Ball Ederer Miller Zucker & Sharfstein, LLP is pleased to announce that Guy M. Allen has joined our firm as a partner and co-chair of the firm’s labor and employment practice group.  Guy comes to Westerman Ball from one of the world’s premiere and largest labor and employment law firms.  He represents national and international companies in both the private and public sector.  Guy has over 25 years’ experience in representing employers in all types of employment matters.

     
    Guy will continue to represent his clients in the manner they have been accustomed to over the years and will also bring his labor and employment expertise to Westerman Ball’s clients so that the firm can further its goal of servicing all of the legal needs of its business clients with the most personalized, professional and high level practice of law for which Westerman Ball has become known.

  • Real Estate Group Members Handle Nos. 3 and 7 of the Top 10

    Posted on February 11, 2019

    Jay Levinton, Pami Wexelman and Ilona Posner handle the number 3 loan for Adam America for $105 Million.

    Jay Levinton, Pami Wexelman and James Tsimis handle the number 7 loan for Madison Realty for $87.7 Million.

    The RealDeal Top 10 Outer-Borough Loans January 2019

  • WBEMZ&S Represents Borrower in $105 Million Refinance

    Posted on January 29, 2019

    Jay Levinton, Esq., Pami Wexelman, Esq. and Ilona Posner, Esq. represent borrower in $105 Million refinance of luxury building in Crown Heights.

    The RealDeal Article

     

  • Congratulations to our New Partners

    Posted on January 10, 2019

  • Congratulations to Greg S. Zucker, Esq.

    Posted on April 21, 2017

    Congratulations to Greg S. Zucker, Esq. 

    Co-Recipient of the Nassau County Bar Association 2017 President's Award

    Nassau Lawyer Article

  • Ellen Tobin, Presenter at the Federal Bar Council Reception

    Posted on April 13, 2017

    Ellen Tobin to be a Presenter at the Federal Bar Council Reception and CLE evening to be held at the Central Islip U.S. Courthouse on Wednesday, May 17th. click here for more information

  • Michael Levy Appointed to ADR Department Advistory Council

    Posted on March 17, 2017

    Michael A. Levy has been appointed to serve as a member of the ADR Department Advisory Council of the United States District Court for the Eastern District of New York.  Michael recently completed a two-year term as a member of the Mediator Advisory Committee of the United States District Court for the Southern District of New York.   In addition, Michael has also been named as Chair of the Advisory Council of the Nassau County Bar Association Arbitration and Mediation Panels.


     

  • William E. Vita, Esq. Presents at FDCC's Winter Meeting

    Posted on March 17, 2017

    In March, William E. Vita, Esq., a partner in the firm’s litigation department, spoke at the Federation of Defense and Corporate Counsel’s Winter Meeting.  Mr. Vita participated in a panel discussion on what to expect from the new administration on the regulatory environment in employment law.  The FDCC is a peer reviewed, invitation only, international bar association, consisting of approximately 1300 attorneys and members of industry.

     

  • Michael Levy, Mediator for the US Bankruptcy Court

    Posted on March 8, 2017

    Michael Levy has been re-appointed to the Mediation Register of the U.S. Bankruptcy Court for the Eastern District of New York for a period of 5 years, commencing on March 8, 2017.  Congratulations Michael!

  • Ellen Tobin to Moderate Views from the Bench on 1/31/17

    Posted on January 12, 2017

    Ellen Tobin, Attorney in the Firm’s Litigation Department and Vice-Chair of the Federal Courts Committee for the Nassau County Bar Association, will be moderating a panel of Judges, consisting of: Hon. William H. Pauley III (US District Judge, SDNY), Hon. Steven I. Locke (Magistrate Judge, EDNY) Hon. Leonard B. Austin, (Associate Justice, Appellate Division, 2d Dep’t) and Hon. Timothy S. Driscoll (Justice, Sup. Ct. Nassau County), in a program entitled “Views from the Bench: Hot Topics in Litigation” on January 31, 2017 from 6-8 p.m. at the Nassau County Bar Association.  You may sign up to online to attend at www.nassaubar.org.

  • Congratulations to Pami Wexelman Esq.

    Posted on January 4, 2017

    We are pleased to announce that Pami Wexelman, counsel to the Firm’s Real Estate Department, has been promoted to Partner.   Pami has experience representing developers, owners, borrowers, lenders, landlords and tenants of local and national properties in many capacities, including acquisitions, leasing, financing and workouts.  Congratulations, Pami!

  • Michael Levy - Mediates Long Beach Super Storm Sandy Claim

    Posted on November 22, 2016

  • Ellen Tobin - Documentary - Women in the Law

    Posted on November 22, 2016

     

    Ellen Tobin, an attorney in the Firm’s Litigation Department, is featured in a documentary about women in the law, titled “Balancing the Scales” by Sharon Rowen.  The documentary features comments and interviews from prominent women in the law, including the Honorable Ruth Bader Ginsberg, Justice of the United States Supreme Court.  Please click the following link to the trailer for the documentary for more

    Read more...
  • Ellen Tobin to Moderate at Nassau County Bar Association

    Posted on September 30, 2016

    Ellen Tobin, an associate in the Firm’s Litigation Department, will be the Moderator of an esteemed panel of Magistrate Judges and attorneys at the Joint Program Meeting of the ADR Committee and the Federal Courts Committee of the Nassau County Bar Association, titled “Effective Representation in Mediation and Judicial Settlement Conferences:  Valuable Advice from the Bench, the Bar, Mediators and Academia.”  The event will take place in the Great Hall at the Nassau County Bar Association on October 17, 6:00-8:00 p.m.

  • Ellen Tobin - LIBN Feature

    Posted on August 23, 2016

    Read more...
  • John Westerman Invited to Join the Board of Trustees for Molloy College

    Posted on June 10, 2016

    John Westerman, Esq., Managing Partner and Chair of the Firm’s Bankruptcy, Workout and Restructuring Department, has been invited to join the Board of Trustees for Molloy College, an independent, Catholic college rooted in the Dominican tradition of study, spirituality, service and community, located in Rockville Centre, New York.  John presently services on the Board of Advisors for the Energeia Partnership, also known as the Academy

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  • ADL Award Recipient: Philip L. Sharfstein, Esq.

    Posted on May 26, 2016

    Congratulations to our Partner

    PHILIP L. SHARFSTEIN, ESQ.

    ADL on Long Island

    Philanthropic Leadership

    Award Recipient 2016

    Philip  –

    Thank you for your extreme dedication and hard work. 

    Congratulations on your well-deserved recognition.

    1201 RXR Plaza ▪ Uniondale, NY 11556 ▪ 516.622.9200
    www.westermanllp.com

  • Mickee Hennessy Invited to Join the Chapter 11 Lawyers’ Advisory Committee

    Posted on January 5, 2016

    Mickee Hennessy, a partner in the Firm’s Bankruptcy, Workout and Restructuring Department, has been invited by the United States Bankruptcy Court for the Eastern District of New York to join the Court’s Chapter 11 Lawyers’ Advisory Committee, effective May 2016.  The Committee provides a forum for communication and feedback between the Board of Judges and the bar regarding Chapter 11 practice and procedure in the Eastern

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  • Ellen Tobin, Esq., Moderates Two Significant Programs for the Federal Courts Committee Of the Nassau County Bar Association

    Posted on December 14, 2015

    On December 9, 2015, Ellen Tobin, an attorney in the Firm’s Litigation Department, moderated a program presented by the Federal Courts Committee of the Nassau County Bar Association featuring the Honorable Anne Y. Shields, United States Magistrate Judge for the Eastern District of New York.  Judge Shields discussed significant recent amendments to the Federal Rules of Civil Procedure, which took effect on December 1, 2015.

     

    On

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  • Michael A. Levy Assists in Drafting NCBA Arbitration Rules

    Posted on November 17, 2015

    Michael A. Levy, counsel to the Firm’s Litigation Department and a member of the Advisory Council to the Nassau County Bar Association Alternative Resolution Dispute Committee, has recently completed a revision of the NCBA’s Arbitration Rules together with two other members of the Council.  The revised NCBA Arbitration Rules have been approved by the Bar Association and are effective as of November, 2015.  Michael also

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  • John Westerman Honoree - Theodore Roosevelt Council of Boy Scouts of America

    Posted on October 29, 2015

    Eagle Scout John Westerman was honored at the Second Annual W.D. Boyce Reception by the Theodore Roosevelt Council of the Boy Scouts of America on Thursday, October 29, 2015.  The cocktail reception was held at The Meadow Brook Club and raised over $50,000 for the Theodore Roosevelt Council of the Boy Scouts of America.  Congratulations John!

  • Westerman Ball Identified as a “Go-To Law Firm” for 2015

    Posted on September 16, 2015

    Westerman Ball has been listed in Corporate Counsel’s 12th annual publication of In-House Law Departments at the Top 500 Companies as a “Go-To Law Firm” for 2015.