Marc Zimmerman, Smith, Gambrell & Russell, LLP Photo

Marc B. Zimmerman

Partner

Value begins with listening; trust follows from getting it right.

About Marc

Marc Zimmerman is a premier management-side labor and employment lawyer known for delivering strategic, business-focused counsel to employers navigating complex workplace challenges. He is a go-to advisor when the stakes are high — bringing decisive judgment, commercial savvy, and practical precision to solve issues, provide enterprise value, and deliver results aligned with client priorities.

He builds enduring client relationships by listening closely, and understanding, an organization’s goals and risk profile, and translating legal complexity into practical, actionable guidance. His hands-on, collaborative style with C-suite executives, managers, and in-house counsel helps clients make confident decisions, implement effective solutions, and protect their businesses without losing sight of broader commercial objectives.

Marc advises employers across the full spectrum of labor, employment, human resources, and related business matters, including the employment aspects of acquisitions, wage and hour compliance, worker classification, restrictive covenants, discipline, management training, policy development, reductions in force, workplace investigations, discrimination, harassment, retaliation, disability accommodation, and whistleblower claims. He is also a trusted labor strategist who has served as lead negotiator and management representative for dozens of collective bargaining agreements across the hospitality, manufacturing, automotive, distribution, administrative, and creative professional sectors. In addition, he regularly structures, drafts, and negotiates employment agreements, contractor agreements, separation agreements, restrictive covenant arrangements, and executive compensation agreements for management and senior executives.

Marc has represented employers in hundreds of disputes, including administrative proceedings, arbitrations, and litigation in federal and state courts. Whether the matter is before a court, arbitrator, fair employment agency, or labor authority — including the National Labor Relations Board, federal and state Departments of Labor, the Equal Employment Opportunity Commission, and state and city human rights agencies — he brings seasoned judgment, sharp advocacy, and a practical command of the issues at stake. His experience spans an expansive client portfolio across luxury and consumer goods, fashion, hospitality, retail, automotive, manufacturing, real estate, building services, finance, education, health care and insurance.

Fluent in federal, state, and local labor and employment law, Marc is frequently sought out as a speaker, author, and commentator on emerging workplace issues. His insights have been featured in Women’s Wear Daily, Workforce Magazine, Corporate Counsel, Inside Counsel, Human Resource Executive Magazine, as well as Law360.com, MSNBC.com, and the Associated Press. He was recognized by the New York Law Journal as a New York Trailblazer for his distinctive combination of reliable judgment, collaborative style and pragmatic counsel.

Representative Matters

  • Obtained dismissal of a federal class action complaint by employees of a five-star New York City hotel alleging violations of the federal and New York WARN Acts.
  • Obtained summary judgment in a federal sex discrimination and retaliation claim by a former hospitality employee of a world-renowned New York City restaurant.
  • Negotiated terminations of c-suite executive team for health care company in connection with business acquisition and restructuring.
  • Prosecuted and resolved action by real estate company against former employee accused of misappropriating trade secrets.
  • Obtained voluntary dismissal of federal wage, discrimination, and retaliation claims for high-end fragrance boutique and obtained letter of retraction for employees’ allegations in pleadings.
  • Obtained dismissal of New York whistleblower and retaliation claim by former health care employee and obtained sanctions against former employee and law firm representing former employee.
  • Successfully defended a food distributor against a federal and state class and collective action involving alleged misclassification of warehouse management employees as exempt from overtime premium pay.
  • Negotiated c-suite executive agreements in the hospitality, entertainment, luxury, fashion, finance, real estate, private air travel, and numerous other industries.
  • Negotiated and settled collective bargaining agreements in the hospitality, automotive, distribution, employee benefits, administrative professional and creative professional and various other industries.

Recognitions

New York Law Journal - New York Trailblazers (2019)

Super Lawyers - Metro New York Edition, Employment & Labor (2014 - present)

The Best Lawyers in America - Litigation - Labor and Employment (2019, 2021)

Credentials

Education

J.D., Fordham University School of Law

B.A., State University of New York at Binghamton, with high honors

Admissions

  • New Jersey
  • New York
  • U.S. Court of Appeals, Second, Eighth and District of Columbia Circuits
  • U.S. District Court, District of New Jersey
  • U.S. District Courts, Southern, Eastern, Western and Northern Districts of New York

Organizational Involvement

Community

Long-time coach and fan of youth sports

Supporter, Backyard Sports Cares, Westchester, N.Y.

Thought Leadership

  • Co-Author, Client Alert: EEOC Rescinds Harassment Guidance, Smith, Gambrell & Russell, LLP, January 29, 2026.
  • Co-Author, Client Alert: FLSA Does Not Require Higher Standard of Proof for Employers to Demonstrate Employee Exempt Status Under the FLSA, Smith, Gambrell & Russell, LLP, January 17, 2025.
  • Co-Author, Client Alert: 2025 New York Employment Law Updates, Smith, Gambrell & Russell, LLP, January 7, 2025.
  • Co-Author, Client Alert: NLRB Prohibits Employers’ Use of Captive Audience Meetings in the Fight Against Unionization, Smith, Gambrell & Russell, LLP, November 15, 2024.
  • Co-Author, Client Alert: NLRB General Counsel Expounds on the Illegality of Most Non-Compete Provisions and Declares Many “Stay-or-Pay” Provisions Illegal Under the NLRA, Smith, Gambrell & Russell, LLP, October 21, 2024.
  • Co-Author, Client Alert: A Win for Employers in the Restaurant Industry: Fifth Circuit Strikes Down DOL Tip Credit Rule, Smith, Gambrell & Russell, LLP, September 6, 2024.
  • Co-Author, Client Alert: DOL Issues Final Rule Increasing Salary Thresholds for Overtime Exemptions, Smith, Gambrell & Russell, LLP, April 24, 2024.
  • Co-Author, Client Alert: EEOC Issues Final Rule Implementing the Pregnant Workers Fairness Act, Smith, Gambrell & Russell, LLP, April 18, 2024.
  • Co-Author, Client Alert: NLRB Final Joint Employer Rule Expands Joint Employment Under the NLRA, Smith, Gambrell & Russell, LLP, October 27, 2023.
  • Co-Author, Client Alert: DOL Issues Proposed Rulemaking Regarding Overtime Exemptions, Smith, Gambrell & Russell, LLP, September 1, 2023.
  • Co-Author, Client Alert: August Brings a Flurry of Activity from the National Labor Relations Board, Smith, Gambrell & Russell, LLP, August 31, 2023.
  • Co-Author, Client Alert: NLRB Revises Standard for Evaluating Employer Policies, Smith, Gambrell & Russell, LLP, August 14, 2023.
  • Author, Client Alert: Proposed Bill Outlawing Non-Compete Agreements in New York, Smith, Gambrell & Russell, LLP, June 21, 2023.
  • Co-Author, Client Alert: U.S. Supreme Court Holds Employers Can Sue for Strike Damages, Smith, Gambrell & Russell, LLP, June 20, 2023.
  • Co-Author, Client Alert: NLRB General Counsel Declares Most Non-Compete Provisions Illegal Under the NLRA, Smith, Gambrell & Russell, LLP, June 13, 2023.
  • Author, Client Alert: New York City Human Rights Law Adds Protections for Height and Weight, Smith, Gambrell & Russell, LLP, June 7, 2023.
  • Co-Author, Client Alert: NLRB Opens the Floodgates for Extraordinary Remedies Available for Egregious or Habitual Violations, Smith, Gambrell & Russell, LLP, May 11, 2023.
  • Co-Author, Client Alert: NLRB Ruling Limits Employers’ Ability to Discipline in Response to Abusive Conduct, Smith, Gambrell & Russell, LLP, May 5, 2023.
  • Co-Author, Client Alert: New York Employment Law Update 2022, Freeborn & Peters LLP, January 25, 2022.
  • Co-Author, Client Alert: New York Employment Law Update 2021, Freeborn & Peters LLP, February 8, 2021.
  • Co-Author, Client Alert: U.S. Department of Labor Issues Additional Guidance for Compliance with the Families First Coronavirus Response Act, Freeborn & Peters LLP, March 26, 2020.
  • Author, Dress Code Red: That Policy May Need a Makeover, Women’s Wear Daily, November 7, 2019.
  • Author, How Fashion Employers Can Safeguard Against Legal Woes, Women’s Wear Daily, May 2, 2019.
  • Presenter, Diversity Beyond Jargon: Managing for a Truly Inclusive and Accessible Workplace Museum Store Association Forward 2018, Washington, D.C., April 29, 2018.
  • Co-Author, 5 easy ways hotel employers can steer clear of trouble, Hotel News Now, April 9, 2019.
  • Author, A Case for Managing Restaurant Management, Modern Restaurant Management, October 9, 2018.
  • Co-Author, Congress Makes A Splash By Tackling Tip Pools, Law360, April 26, 2018.
  • Author, A tip: Be mindful of pending changes for gratuities, Hotel News Now, February 23, 2018.

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