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Marc B. Zimmerman
Partner / New YorkMarc B. Zimmerman is a Partner in the Litigation Practice of Smith, Gambrell & Russell, LLP. Mr. Zimmerman was a Partner at Freeborn & Peters, which combined with SGR in 2023.
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Full Bio
A Premier management-side labor and employment attorney, Mr. Zimmerman believes a great lawyer must take time to understand each client’s business and anticipate, as well as address, their specific needs. He does just that, and his hands-on approach to legal representation enables him to partner with his clients and build lasting relationships.
Mr. Zimmerman advises clients on a wide range of labor relations and business issues, including wage and hour compliance, classification issues, restrictive covenants, discipline, management training, policy development, reductions in force, investigations, discrimination, harassment, retaliation, whistleblower, and unemployment claims. He is also a sought-after negotiator and routinely assists management and executives in structuring, drafting, and reviewing employment contracts, contractor agreements, separation agreements, restrictive covenants, and executive compensation issues.
Mr. Zimmerman has represented employers in hundreds of actions, including administrative hearings, arbitrations, and lawsuits. No matter the forum – federal and state courts, contract arbitration, Departments of Labor, administrative agencies (including the Equal Employment Opportunity Commission, New York State Division of Human Rights, and various other state and city human rights agencies), or the National Labor Relations Board – Mr. Zimmerman is a highly-skilled practitioner with an expansive portfolio of representative clients. His clientele spans a range of industries, such as luxury goods, fashion, retail, automotive, manufacturing, real estate, building services, finance, education, health care, and insurance (including the underwriting sector).
Mr. Zimmerman is fluent in local and federal labor and employment law and is frequently called upon as a speaker and writer, and has been published and/or extensively quoted in Women’s Wear Daily, Workforce Magazine, Corporate Counsel, Inside Counsel, Human Resource Executive Magazine and on Law360.com, MSNBC.com, and the Associated Press. He has been spotlighted as a New York Trailblazer by the New York Law Journal for his approach to creating reliable, predictable, collaborative, and relatable management.
While at Freeborn (now SGR), Mr. Zimmerman served as the Leader of the Labor & Employment Practice Group.
Mr. Zimmerman earned his B.A. from State University of New York at Binghamton, with honors, and his J.D. from Fordham University School of Law.
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Representative Experience
- 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.
- Obtained dismissal of NYS Labor Law claims for alleged failure to pay “earned” bonuses.
- Successfully defended against whistleblower and retaliation claim by health care employee and was awarded sanctions against former employee and law firm representing former employee.
- Obtained summary judgment of numerous state and federal employment discrimination claims for fashion industry clients.
- Successfully defended numerous contractual discharge claims by non-management employees (both union and non-union) in the building service and automotive industries.
- Obtained voluntary dismissal of federal wage, discrimination, and retaliation claims and obtained letter of retraction for employees’ allegations in pleadings.
- Negotiated high-level executive agreements in the entertainment, fashion, finance, real estate, private air travel, and other industries.
- Successfully prosecuted, defended, and resolved restrictive covenant issues for fashion clients.
- Negotiated and settled collective bargaining agreements in the building service, automotive, food distribution, and restaurant industries.
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Bar Admissions
New York
New Jersey
United States Court of Appeals, Second Circuit
United States Court of Appeals, Eighth Circuit
United States District Courts, Southern, Eastern, Western and Northern Districts of New York
United States District Court, District of New Jersey
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Education
Undergraduate- State University of New York at Binghamton
Law School- Fordham University School of Law
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Memberships
Long-time coach and fan of youth sports
Supporter, Backyard Sports Cares, Westchester, N.Y.
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Recognitions
The Best Lawyers in America - Litigation - Labor and Employment (2021)
New York Law Journal - New York Trailblazers (2019)
The Best Lawyers in America - Litigation - Labor and Employment (2019)
Super Lawyers - Metro New York Edition, Employment & Labor (2014 - present)
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Publications and Speaking Engagements
- 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.
- Co-Author, Client Alert: New York State Requires Sick Leave and Job Protection for Employees Subject to Quarantine or Isolation due to COVID-19 Crisis, Freeborn & Peters LLP, March 26, 2020.
- Co-Author, Client Alert – President Signs COVID-19 Paid Leave Bill into Law, Freeborn & Peters LLP, March 19, 2020.
- Dress Code Red: That Policy May Need a Makeover, Women’s Wear Daily (WWD), November 7, 2019.
- How Fashion Employers Can Safeguard Against Legal Woes, Women’s Wear Daily (WWD), May 2, 2019.
- Diversity Beyond Jargon: Managing for a Truly Inclusive and Accessible Workplace Museum Store Association (MSA) Forward 2018, Washington, C., April 29, 2018.
- Co-Author, 5 easy ways hotel employers can steer clear of trouble, Hotel News Now, April 9, 2019.
- 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.
- A tip: Be mindful of pending changes for gratuities, Hotel News Now, February 23, 2018.
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SGR Publications
- EEOC Rescinds Harassment Guidance
- ‘Tis the Season: Annual Party Pooper’s Guide to the Holidays
- Florida’s CHOICE Act Provides Employers Unprecedented Protections Under Noncompete and Garden Leave Agreements
- FLSA Does Not Require Higher Standard of Proof for Employers to Demonstrate Employee Exempt Status Under the FLSA
- 2025 New York Employment Law Updates
- Third Circuit Finds NLRB Exceeded its Authority in Issuing Order Against Starbucks
- ‘Tis the Season for Celebration and the Annual Party Pooper’s Guide to the Holidays
- NLRB Prohibits Employers’ Use of Captive Audience Meetings in the Fight Against Unionization
- NLRB General Counsel Expounds on the Illegality of Most Non-Compete Provisions and Declares Many “Stay-or-Pay” Provisions Illegal Under the NLRA
- A Win for Employers in the Restaurant Industry: Fifth Circuit Strikes Down DOL Tip Credit Rule
- Amendments to California’s Private Attorneys General Act
- DOL Issues Final Rule Increasing Salary Thresholds for Overtime Exemptions
- EEOC Issues Final Rule Implementing the Pregnant Workers Fairness Act
- ‘Tis the Season: Annual Party Pooper’s Guide to the Holidays
- NLRB Final Joint Employer Rule Expands Joint Employment Under the NLRA
- DOL Issues Proposed Rulemaking Regarding Overtime Exemptions
- August Brings a Flurry of Activity from the National Labor Relations Board
- EEOC Proposes Regulations to Implement Pregnant Workers Fairness Act
- NLRB Revises Standard for Evaluating Employer Policies
- Proposed Bill Outlawing Non-Compete Agreements in New York
- U.S. Supreme Court Holds Employers Can Sue for Strike Damages
- NLRB General Counsel Declares Most Non-Compete Provisions Illegal Under the NLRA
- New York City Human Rights Law Adds Protections for Height and Weight
- Do Holidays Count Against FMLA Leave? Wage and Hour Division Clarifies Whether Holidays Count Against an Employee’s FMLA Leave Entitlement and Determination of the Amount of Leave Taken
- DOL Updates Minimum Wage Poster to Include PUMP Act Requirements for FLSA-Covered Employers
- Deadlines for Chicago and Illinois Employers
- NLRB Opens the Floodgates for Extraordinary Remedies Available for Egregious or Habitual Violations
- NLRB Ruling Limits Employers’ Ability to Discipline in Response to Abusive Conduct