Kimberly B. Malerba chairs the Employment Law Practice Group, and is a member of the firm’s Litigation Department. Ms. Malerba regularly advises employers on best practices concerning human resources related matters, including performance management, wage and hour compliance, employment discrimination and harassment prevention, and workplace policy development. She also defends employers at federal, state and local agencies against claims such as sexual harassment, age, race, national origin and disability discrimination. Ms. Malerba routinely handles management of disability accommodation and leave-related issues, reductions in force, restrictive covenants, hiring and separations from employment, and independent contractor analysis. Since the beginning of the COVID-19 pandemic, Ms. Malerba has provided clients with real-time advice regarding the ever-changing web of laws, mandates and guidance from state, federal and local governments. She regularly drafts policies, provides guidance, and helps clients to navigate the evolving masking, vaccine, quarantine and leave requirements, in order to keep their businesses functioning during unprecedented times.
Ms. Malerba has authored countless articles and participated in various continuing education programs, offering continuing legal education (CLE), continuing professional education (CPE) and human resources certification (HRCI) credits. These programs educate professional audiences on a broad variety of employment law topics, ranging from wage and hour compliance, reductions in force, and issues arising under the Family and Medical Leave Act (FMLA), to National Labor Relations Act compliance in social media, and on many other subjects. Additionally, Ms. Malerba has implemented in-house management training for employers on a wide range of employment law topics, including workplace harassment prevention, FMLA and Americans with Disabilities Act compliance, and best practices in wage and hour law.
Ms. Malerba also has considerable experience in the intellectual property field and advises clients regarding trademark, copyright, licensing, privacy, Internet, domain name, unfair competition and trade secrecy issues.
She is a member of the American Bar Association, New York State Bar Association and the Nassau County Bar Association.
While in law school, she served as an articles editor for Cardozo Arts and Entertainment Law Journal.