Eric W. Ruden practices in the area of employment law and labor relations. Mr. Ruden has represented employers in all types of labor and employment matters, including collective and class actions; discrimination lawsuits; Title III ADA accessibility lawsuits; wage-and-hour audits; grievance arbitrations; unfair labor practice charges; and enforcement of restrictive covenant agreements. He advises employers on a variety of employment laws including employment discrimination statutes (Title VII, ADA, ADEA, NYSHRL, NYCHRL), wage and hour statutes (FLSA, New York Labor Law, and New Jersey Wage and Hour Law), plant closing/reductions in force statutes (WARN, NY WARN, NJ WARN), the National Labor Relations Act, and the Family and Medical Leave Act (FMLA). Additionally, Mr. Ruden regularly drafts and reviews personnel policies, employee handbooks, collective bargaining agreements, employment contracts, and separation agreements.

Mr. Ruden is a 2008 graduate of Boston University School of Law, where he was a member of the International Law Journal, and a graduate, with honors, of Rutgers University.

Areas of Practice

• Employment Litigation
• Employment Counseling and Advice
• Wage and Hour Litigation, including Class/Collective Actions
• Labor Law and Relations
• Restrictive Covenants

Representative Matters

• Obtained denial of motion for preliminary injunction seeking to enforce a noncompetition and non-solicitation against a former sales representative on behalf of a telecommunications company.
• Secured a settlement the client found favorable against former sales representative in lawsuit alleging misappropriation of confidential information and trade secrets and breach of the duty of loyalty.
• Obtained an order from the U.S. Court of Appeals for the 2nd Circuit affirming summary judgment dismissing a former employee's employment discrimination action alleging retaliatory discharge in violation of Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law.
• Obtained on behalf of a large grocery store chain a settlement the client found favorable in a consolidated FLSA and multi-state Rule 26 class action lawsuit alleging the failure to properly pay overtime.
• Obtained temporary restraining order against former employees, prohibiting them from soliciting customers in violation of their restrictive covenants.
• Represented global inspection and laboratory services employer in nationwide collective and class action regarding employer's use of the fluctuating workweek method to calculate overtime.
• Supervised and conducted internal investigations for management.
• Represented facilities and facilitated quick settlements in Title III ADA lawsuits.
• Represented employer in collective bargaining with health care employees.
• Represented government contractors in Department of Labor Office of Federal Contract Compliance Programs (OFCCP) audits regarding compliance with affirmative action laws.

Admissions

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

Education

• Boston University School of Law, J.D., 2008
  - International Law Journal
• Rutgers University, B.A., with honors, 2005

Experience

• Duane Morris LLP
  - Associate, 2012-present
• Genova Burns
  - Associate, 2008-2012

Professional Activities

• New York State Bar Association

Honors and Awards

• Selected as a Rising Star New York Metro Super Lawyers, 2016

Selected Publications

• Author, "Recent Independent Contractor Developments Impact All New York City Employers," Duane Morris Alert, November 17, 2016
• Co-author, "Government Agencies Take Aim at Employment-Related Agreements," The Corporate Counselor, November 1, 2016
• Co-author, "SEC Intensifies Scrutiny of Employment-Related Agreements," Duane Morris Alert, October 6, 2016
• Author, "Department of Labor's 'Persuader' Rule Greatly Expands Employers' Reporting Requirements," Duane Morris Alert, March 28, 2016
• Co-author, "Recent NLRB Developments of Which All Employers Should Be Aware," Duane Morris Alert, March 23, 2016
• Co-author, "New York City Employers Should Take Steps to Comply with City's Commuter Benefits Law," Duane Morris Alert, March 18, 2016
• Co-author, "Connecticut Supreme Court Reverses Lower Court and Finds Employer's Independent Contractors Were Properly Classified," Duane Morris Alert, March 16, 2016
• Author, "NLRB Overturns Register Guard and Holds Employee Use of Email on Nonworking Time for Union Organizing Must Presumptively Be Permitted," Duane Morris Alert, December 15, 2014
• Author, "NLRB Regional Director Allows College Football Players to Vote to Unionize," Duane Morris Alert, April 3, 2014
• Author, "New York Court of Appeals Clarifies Tip-Sharing Rules in Starbucks Case," Duane Morris Alert, July 2, 2013
• Co-author, "New York DOL Releases Proposed Wage Deduction Regulations," Duane Morris Alert, May 30, 2013
• Author, "New York City Enacts Law Prohibiting Discrimination Based on Unemployment Status," Duane Morris Alert, March 28, 2013
• Author, "NLRB Decisions Continue to Proscribe Social Media and Other Policies If They Could Arguably Be Construed to Limit Protected Concerted Activity," Duane Morris Alert, October 19, 2012
• Author, "New York Legislature Expands Permissible Wage Deductions," Duane Morris Alert, August 28, 2012

Selected Speaking Engagements

• Speaker, Duane Morris' Developments in Workplace Law and Practice, New York, May 4, 2017
• Lecturer, "Developments in Workplace Law and Practice: Employment, Labor, Benefits and Immigration," Duane Morris Seminar, May 28, 2015
• Lecturer, "Developments in Workplace Law and Practice," Duane Morris Seminar, May 2014