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Mitch Boyarsky

Partner

280 Park Avenue
15th Floor West
New York, NY 10017
mitch.boyarsky@nelsonmullins.com

Mitch Boyarsky focuses his practice on labor and employment. He advises clients in a variety of workplace subjects, particularly focused on restrictive covenant, wage and hour, executive contracts matters, transactional employment matters especially related to mergers and acquisitions, and related employment litigation. For more than 25 years, he has represented management in workplace law. Mr. Boyarsky...

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Mitch Boyarsky focuses his practice on labor and employment. He advises clients in a variety of workplace subjects, particularly focused on restrictive covenant, wage and hour, executive contracts matters, transactional employment matters especially related to mergers and acquisitions, and related employment litigation. For more than 25 years, he has represented management 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 regularly prepares contracts and policies and consults on personnel subjects. He often counsels on matters of disability and leave management to analyze and respond to disability accommodation requests. Mr. Boyarsky regularly represents clients in administrative agency matters and investigations including those before departments of labor, the Equal Employment Opportunity Commission and equivalent state and local agencies, and the National Labor Relations Board. He 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, marketing, professional services (such as employee recruiting), medical, software consulting, and engineering, as well as manufacturing and distribution companies.

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 regularly prepares contracts and policies and consults on personnel subjects. He often counsels on matters of disability and leave management to analyze and respond to disability accommodation requests. Mr. Boyarsky regularly represents clients in administrative agency matters and investigations including those before departments of labor, the Equal Employment Opportunity Commission and equivalent state and local agencies, and the National Labor Relations Board. He 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, marketing, professional services (such as employee recruiting), medical, software consulting, and engineering, as well as manufacturing and distribution companies.

Mitch Boyarsky focuses his practice on labor and employment. He advises clients in a variety of workplace subjects, particularly focused on restrictive covenant, wage and hour, executive contracts matters, transactional employment matters especially related to mergers and acquisitions, and related employment litigation. For more than 25 years, he has represented management 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 regularly prepares contracts and policies and consults on personnel subjects. He often counsels on matters of disability and leave management to analyze and respond to disability accommodation requests. Mr. Boyarsky regularly represents clients in administrative agency matters and investigations including those before departments of labor, the Equal Employment Opportunity Commission and equivalent state and local agencies, and the National Labor Relations Board. He 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, marketing, professional services (such as employee recruiting), medical, software consulting, and engineering, as well as manufacturing and distribution companies.

Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Restrictive Covenant Matters

  • 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

Wage and Hour Matters

  • Assists clients in classifying employees as exempt and non-exempt, 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

Discrimination and Harassment Matters

  • 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

Privacy Matters

  • 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

Labor Matters

  • 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

Previous Professional Experience

  • Head of Employment and Labor practice, New York office of East Coast law firm
  • Partner, New York and New Jersey offices of national law firm
  • In-house counsel, Reuters America LLC
    • Handled the company’s employment and labor matters in the Americas
    • Chief spokesperson and head of the bargaining committee for the company in union negotiations
  • Assistant General Counsel, New York City Mayor’s Office of Labor

Education

  • Brooklyn Law School, JD (1994)
  • University of Massachusetts Amherst, BA, cum laude (1991)

Admissions

  • New York
  • New Jersey
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the District of New Jersey
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit

Practice Areas

Industries

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

  • 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)
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