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Erin S. Torcello - Labor and Employment
Profile
Erin works closely with her clients as a strategic business partner to provide practical solutions to complex legal issues in the workplace.
She represents and counsels management in the private and public sectors on a wide variety of labor and employment matters, including:
employment discrimination
and workplace harassment
wrongful discharge
layoffs
employee handbooks
unfair labor practice charges
Age Discrimination in Employment Act
National Labor Relations Act
New York State Human Rights Law Fair Labor Standards Act (FLSA)
New York State Public Employees Fair Employment Act (the Taylor Law)
collective bargaining and
wage and hour issues
civil rights litigation
personnel policies
labor arbitration
claims brought under Title VII
Americans with Disabilities Act
Family Medical Leave Act
Occupational Safety and Health Act (OSHA)
Honors & Affiliations
Listed in:
The Best Lawyers in America ®, Employment Law - Management, Labor Law - Management, 2019-2025 (listed for 5 years)
New York Super Lawyers ®, Employment and Labor, 2019-2024
New York Super Lawyers ®, Upstate New York Rising Star, Employment and Labor, 2018
40 Under 40, Buffalo Business First, 2018
Buffalo Niagara 360 (BN360) Spotlight Professional, 2016-2017
Erie County Bar Association
New York State Bar Association, Labor and Employment Law Section
Women's Bar Association of the State of New York
Representative Matters
Defended employers in numerous litigations and administrative actions alleging employment discrimination, harassment and/or retaliation.
Represented multiple employers in connection with wage and hour audits conducted by the New York State Department of Labor and the United States Department of Labor.
Handled multiple collective bargaining negotiations on behalf of management in various industries, including, education, health care and not-for-profit.
Representative Presentations
The Employers Guide to Dealing with Substance Abuse, Buffalo Niagara Partnership Speaker Series, March 21, 2019
Interviewed, Opioid Abuse on the Job: No Simple Solution for Employers , October 3, 2018
Interviewed, On Target with Penny Wolfgang , March 4, 2018
Pregnancy & Reasonable Accommodations - State and Federal Rights, WNY WBASNY, October 21, 2016
Once a Problem is Discovered, What are an Employer's Options?, Opiates in the Workplace Better Business Bureau of Upstate New York Seminar, September 22, 2016
State of the Union: NLRB’s Expanded Impact on Your Workplace, Bond, Schoeneck & King Workplace 2016, June 1, 2016
Beating DOL to the Punch – Conducting Internal Wage & Hour Audits, Bond, Schoeneck & King Workplace 2014, June 12, 2014
Got It Covered? Often Overlooked Wage and Hour Issues for New York Employers, Bond, Schoeneck & King Workplace 2012, May 31, 2012
Employment Discrimination CLE, SUNY Buffalo Law School GOLD Group, November 2011
Proceed With Caution: What The ‘New’ NLRB Signals for Employers with Non-Union Employees, Bond, Schoeneck & King Workplace, 2011
Avoid Getting Burned: Hot Topics in Hiring and Recruitment, Bond, Schoeneck & King Workplace, 2011
The ‘New’ NLRB Signals for Employers with Non-Union Employees: Are You Ready?, Bond, Schoeneck & King Breakfast Briefing Series, 2011
Religion in the Workplace: Understanding Employee Rights and Employer Obligations, Bond, Schoeneck & King Workplace, 2010
Drafting Effective Internet and Electronic Workplace Policies - Blogs, Twitter, Facebook, LinkedIn, and MySpace, Bond, Schoeneck & King Breakfast Briefing Series, 2010
Representative Publications
Quoted, "NY Courts Say Delayed Pay For Manual Labor Is Harmful, Law360, November 14, 2022
Quoted, "NY Employers Face Long And Costly Pay Frequency Litigation," Law360 , April 22, 2022
Quoted, "A 'Modest' Proposal: The 32-Hour Workweek," Law360 , August 10, 2021
"The Next NY Litigation Hotbed: Weekly Pay For Manual Work," Law360 , July 21, 2021
Quoted, "State's New Sexual Harassment Policy Takes Effect," Buffalo Business Journal, October 12, 2018
"Harassment in a post-Weinstein world ," Buffalo Law Journal, January 3, 2018
"Treatment of addiction issues in the workplace," Buffalo Law Journal , June 27, 2016
"Union Could Not Compel Arbitration Concerning Employee's Discharge," New York Law Journal , February 9, 2015
Quoted in "NY Employers Likely To Respect NJ's New 'Ban The Box' Law," Law360 , August 13, 2014
"Businesses should be aware of new state law regarding interns," The Buffalo News , July 30, 2014
"Discrimination Claim Against School; Restrictive Covenant at Work," New York Law Journal , July 25, 2014
"Employment Cases Include Former Basketball Coach's Claims," New York Law Journal , April 25, 2014
"Employment Claims, Nursing Home Payments," New York Law Journal , January 24, 2014
"Buffalo Casino Decision Highlights Intricacies of Gaming Law," New York Law Journal , October 25, 2013
"NLRB's Acting General Counsel Issues Third Report on Social Media Cases," June 5, 2012
"NLRB Deals A Blow to Arbitration Agreements," New York Employment Law Letter , February 2012
"NLRB Holds That NLRA Prohibits Class Action Waivers in Mandatory Arbitration Agreements," January 26, 2012
"The 2011 Employment Law Year In Review," New York Employment Law Letter , January 2012
"NLRB Adopts Final Rule Amending Representation Election Procedures," December 22, 2011
"NLRB Approves Resolution to Move Forward on "Quickie" Election Rule," December 8, 2011
"NLRB Postpones Implementation of Notice Posting Rule," October 6, 2011
"NLRB Modifies Unit Determination Standard in Non-Acute Health Care Facilities," September 14, 2011
"Two Recent NLRB Decisions Erode Employees' Right To Choose," September 13, 2011
"NLRB Issues Final Rule Requiring Employers To Post Unionization Rights Notice," August 29, 2011
"High Court's Wal-Mart Decision Makes It More Difficult to Bring Employment-Related Class Action," June 23, 2011
"Are You Sure That Departure Is Voluntary? The Ninth Circuit Defines Voluntary Departure Under WARN," February 1, 2011
"Recent NLRB Policy Changes Focus on Remedies," November 10, 2010
"A Reminder About New York's Notice Requirements for Discharged Employees," September 30, 2010
Other Activities
Community Charter School, Personnel Committee, Board of Trustees
Cornell ILR Alumni Association
Explore & More Children’s Museum, Board of Trustees, President
Urban Roots Community Garden Center, HR Committee, Board Member
Events and Webinars
Biden’s NLRB Reshaping the Labor Relations Landscape - Complimentary Webinar
September 7, 2023
Fall 2021 Virtual Breakfast Briefings - Upstate
October 14, October 28, November 3, November 10
Spring 2021 Virtual Breakfast Briefings - Upstate
April 7; April 8; April 15; April 22, 2021
Can Employers Require Vaccination? New EEOC Guidance and its Impact on this Question - Complimentary Webinar
December 18, 2020
Fall 2020 Virtual Breakfast Briefings - Downstate
October 15, 2020
Labor and Employment Updates for the Manufacturing Industry - Complimentary Webinar
October 29, 2019
Buffalo Labor and Employment Law Seminar, October 24, 2019
October 24, 2019
Buffalo Labor and Employment Law Seminar
October 15, 2018
Labor and Employment Law Seminar - Buffalo 2017
October 16, 2017
Wage and Hour Traps for the Manufacturing Industry - Complimentary Webinar
October 3, 2017
Manufacturing Week Complimentary Webinar Series
October 1, 2017
News
Bond Announces 14 Buffalo Bond Attorneys Named in 2024 New York Super Lawyers Upstate Edition
August 22, 2024
Bond Announces Buffalo Attorneys Named 2025 “Lawyer of Year” and Best Lawyers in America®
August 15, 2024
Bond Announces 14 Buffalo Bond Attorneys Named in 2023 New York Super Lawyers Upstate Edition
August 23, 2023
16 Buffalo Bond Attorneys Named 2024 Best Lawyers in America ®
August 17, 2023
Bond Announces 16 Buffalo Bond Attorneys Named in 2022 New York Super Lawyers Upstate Edition
August 23, 2022
16 Buffalo Bond Attorneys Named 2023 Best Lawyers in America ®
August 18, 2022
Bond Announces 18 Buffalo Bond Attorneys Named in 2021 New York Super Lawyers Upstate Edition
August 20, 2021
16 Buffalo Bond Attorneys Named 2022 Best Lawyers in America ®
August 19, 2021
Bond Announces 20 Buffalo Bond Attorneys Named in 2020 New York Super Lawyers ® Upstate Edition
August 21, 2020
20 Buffalo Bond Attorneys Named 2021 Best Lawyers in America ®
August 20, 2020
19 Buffalo Bond Attorneys Named 2020 Best Lawyers in America®
August 15, 2019
Bond Announces 20 Buffalo Bond Attorneys Named in 2019 New York Super Lawyers® Upstate Edition
August 12, 2019
Bond Announces 20 Buffalo Attorneys Named 2019 Best Lawyers in America®
August 14, 2018
Bond Announces 22 Attorneys Named in 2018 Upstate New York Super Lawyers ® Rising Stars
August 12, 2018
Four Buffalo Bond Attorneys Named in 2018 Upstate New York Super Lawyers ® Rising Stars
August 12, 2018
Bond Hosts Manufacturing Week Webinar Series
October 1, 2017
Bond Elected Five New Members
January 3, 2017
Labor and Employment Law Attorney Erin Sylvester Torcello Quoted in Law 360
August 13, 2014
Profile
Erin works closely with her clients as a strategic business partner to provide practical solutions to complex legal issues in the workplace.
She represents and counsels management in the private and public sectors on a wide variety of labor and employment matters, including:
employment discrimination
and workplace harassment
wrongful discharge
layoffs
employee handbooks
unfair labor practice charges
Age Discrimination in Employment Act
National Labor Relations Act
New York State Human Rights Law Fair Labor Standards Act (FLSA)
New York State Public Employees Fair Employment Act (the Taylor Law)
collective bargaining and
wage and hour issues
civil rights litigation
personnel policies
labor arbitration
claims brought under Title VII
Americans with Disabilities Act
Family Medical Leave Act
Occupational Safety and Health Act (OSHA)
Honors & Affiliations
Listed in:
The Best Lawyers in America ®, Employment Law - Management, Labor Law - Management, 2019-2025 (listed for 5 years)
New York Super Lawyers ®, Employment and Labor, 2019-2024
New York Super Lawyers ®, Upstate New York Rising Star, Employment and Labor, 2018
40 Under 40, Buffalo Business First, 2018
Buffalo Niagara 360 (BN360) Spotlight Professional, 2016-2017
Erie County Bar Association
New York State Bar Association, Labor and Employment Law Section
Women's Bar Association of the State of New York
Representative Matters
Defended employers in numerous litigations and administrative actions alleging employment discrimination, harassment and/or retaliation.
Represented multiple employers in connection with wage and hour audits conducted by the New York State Department of Labor and the United States Department of Labor.
Handled multiple collective bargaining negotiations on behalf of management in various industries, including, education, health care and not-for-profit.
Representative Presentations
The Employers Guide to Dealing with Substance Abuse, Buffalo Niagara Partnership Speaker Series, March 21, 2019
Interviewed, Opioid Abuse on the Job: No Simple Solution for Employers , October 3, 2018
Interviewed, On Target with Penny Wolfgang , March 4, 2018
Pregnancy & Reasonable Accommodations - State and Federal Rights, WNY WBASNY, October 21, 2016
Once a Problem is Discovered, What are an Employer's Options?, Opiates in the Workplace Better Business Bureau of Upstate New York Seminar, September 22, 2016
State of the Union: NLRB’s Expanded Impact on Your Workplace, Bond, Schoeneck & King Workplace 2016, June 1, 2016
Beating DOL to the Punch – Conducting Internal Wage & Hour Audits, Bond, Schoeneck & King Workplace 2014, June 12, 2014
Got It Covered? Often Overlooked Wage and Hour Issues for New York Employers, Bond, Schoeneck & King Workplace 2012, May 31, 2012
Employment Discrimination CLE, SUNY Buffalo Law School GOLD Group, November 2011
Proceed With Caution: What The ‘New’ NLRB Signals for Employers with Non-Union Employees, Bond, Schoeneck & King Workplace, 2011
Avoid Getting Burned: Hot Topics in Hiring and Recruitment, Bond, Schoeneck & King Workplace, 2011
The ‘New’ NLRB Signals for Employers with Non-Union Employees: Are You Ready?, Bond, Schoeneck & King Breakfast Briefing Series, 2011
Religion in the Workplace: Understanding Employee Rights and Employer Obligations, Bond, Schoeneck & King Workplace, 2010
Drafting Effective Internet and Electronic Workplace Policies - Blogs, Twitter, Facebook, LinkedIn, and MySpace, Bond, Schoeneck & King Breakfast Briefing Series, 2010
Representative Publications
Quoted, "NY Courts Say Delayed Pay For Manual Labor Is Harmful, Law360, November 14, 2022
Quoted, "NY Employers Face Long And Costly Pay Frequency Litigation," Law360 , April 22, 2022
Quoted, "A 'Modest' Proposal: The 32-Hour Workweek," Law360 , August 10, 2021
"The Next NY Litigation Hotbed: Weekly Pay For Manual Work," Law360 , July 21, 2021
Quoted, "State's New Sexual Harassment Policy Takes Effect," Buffalo Business Journal, October 12, 2018
"Harassment in a post-Weinstein world ," Buffalo Law Journal, January 3, 2018
"Treatment of addiction issues in the workplace," Buffalo Law Journal , June 27, 2016
"Union Could Not Compel Arbitration Concerning Employee's Discharge," New York Law Journal , February 9, 2015
Quoted in "NY Employers Likely To Respect NJ's New 'Ban The Box' Law," Law360 , August 13, 2014
"Businesses should be aware of new state law regarding interns," The Buffalo News , July 30, 2014
"Discrimination Claim Against School; Restrictive Covenant at Work," New York Law Journal , July 25, 2014
"Employment Cases Include Former Basketball Coach's Claims," New York Law Journal , April 25, 2014
"Employment Claims, Nursing Home Payments," New York Law Journal , January 24, 2014
"Buffalo Casino Decision Highlights Intricacies of Gaming Law," New York Law Journal , October 25, 2013
"NLRB's Acting General Counsel Issues Third Report on Social Media Cases," June 5, 2012
"NLRB Deals A Blow to Arbitration Agreements," New York Employment Law Letter , February 2012
"NLRB Holds That NLRA Prohibits Class Action Waivers in Mandatory Arbitration Agreements," January 26, 2012
"The 2011 Employment Law Year In Review," New York Employment Law Letter , January 2012
"NLRB Adopts Final Rule Amending Representation Election Procedures," December 22, 2011
"NLRB Approves Resolution to Move Forward on "Quickie" Election Rule," December 8, 2011
"NLRB Postpones Implementation of Notice Posting Rule," October 6, 2011
"NLRB Modifies Unit Determination Standard in Non-Acute Health Care Facilities," September 14, 2011
"Two Recent NLRB Decisions Erode Employees' Right To Choose," September 13, 2011
"NLRB Issues Final Rule Requiring Employers To Post Unionization Rights Notice," August 29, 2011
"High Court's Wal-Mart Decision Makes It More Difficult to Bring Employment-Related Class Action," June 23, 2011
"Are You Sure That Departure Is Voluntary? The Ninth Circuit Defines Voluntary Departure Under WARN," February 1, 2011
"Recent NLRB Policy Changes Focus on Remedies," November 10, 2010
"A Reminder About New York's Notice Requirements for Discharged Employees," September 30, 2010
Other Activities
Community Charter School, Personnel Committee, Board of Trustees
Cornell ILR Alumni Association
Explore & More Children’s Museum, Board of Trustees, President
Urban Roots Community Garden Center, HR Committee, Board Member
Events and Webinars
Biden’s NLRB Reshaping the Labor Relations Landscape - Complimentary Webinar
September 7, 2023
Fall 2021 Virtual Breakfast Briefings - Upstate
October 14, October 28, November 3, November 10
Spring 2021 Virtual Breakfast Briefings - Upstate
April 7; April 8; April 15; April 22, 2021
Can Employers Require Vaccination? New EEOC Guidance and its Impact on this Question - Complimentary Webinar
December 18, 2020
Fall 2020 Virtual Breakfast Briefings - Downstate
October 15, 2020
Labor and Employment Updates for the Manufacturing Industry - Complimentary Webinar
October 29, 2019
Buffalo Labor and Employment Law Seminar, October 24, 2019
October 24, 2019
Buffalo Labor and Employment Law Seminar
October 15, 2018
Labor and Employment Law Seminar - Buffalo 2017
October 16, 2017
Wage and Hour Traps for the Manufacturing Industry - Complimentary Webinar
October 3, 2017
Manufacturing Week Complimentary Webinar Series
October 1, 2017
News
Bond Announces 14 Buffalo Bond Attorneys Named in 2024 New York Super Lawyers Upstate Edition
August 22, 2024
Bond Announces Buffalo Attorneys Named 2025 “Lawyer of Year” and Best Lawyers in America®
August 15, 2024
Bond Announces 14 Buffalo Bond Attorneys Named in 2023 New York Super Lawyers Upstate Edition
August 23, 2023
16 Buffalo Bond Attorneys Named 2024 Best Lawyers in America ®
August 17, 2023
Bond Announces 16 Buffalo Bond Attorneys Named in 2022 New York Super Lawyers Upstate Edition
August 23, 2022
16 Buffalo Bond Attorneys Named 2023 Best Lawyers in America ®
August 18, 2022
Bond Announces 18 Buffalo Bond Attorneys Named in 2021 New York Super Lawyers Upstate Edition
August 20, 2021
16 Buffalo Bond Attorneys Named 2022 Best Lawyers in America ®
August 19, 2021
Bond Announces 20 Buffalo Bond Attorneys Named in 2020 New York Super Lawyers ® Upstate Edition
August 21, 2020
20 Buffalo Bond Attorneys Named 2021 Best Lawyers in America ®
August 20, 2020
19 Buffalo Bond Attorneys Named 2020 Best Lawyers in America®
August 15, 2019
Bond Announces 20 Buffalo Bond Attorneys Named in 2019 New York Super Lawyers® Upstate Edition
August 12, 2019
Bond Announces 20 Buffalo Attorneys Named 2019 Best Lawyers in America®
August 14, 2018
Bond Announces 22 Attorneys Named in 2018 Upstate New York Super Lawyers ® Rising Stars
August 12, 2018
Four Buffalo Bond Attorneys Named in 2018 Upstate New York Super Lawyers ® Rising Stars
August 12, 2018
Bond Hosts Manufacturing Week Webinar Series
October 1, 2017
Bond Elected Five New Members
January 3, 2017
Labor and Employment Law Attorney Erin Sylvester Torcello Quoted in Law 360
August 13, 2014