Kimberly B. Malerba handles virtually all matters involving the employer-employee relationship. Her areas of concentration include wage and hour compliance and investigations, employment discrimination and workplace harassment prevention, policy development and litigation, and independent contractor analysis. She has defended against claims such as sexual harassment, age, race, national origin and disability discrimination for various clients, both large and small.

In her counseling practice, she regularly advises employers on best practices concerning management of disability accommodation and leave-related issues, reductions in force, restrictive covenants, hiring and separations from employment, and performance management. Since the beginning of the COVID-19 pandemic, Kimberly has provided clients with real-time advice regarding the ever-changing web of laws, mandates and guidance from the state, federal and local governments.  She regularly drafts policies, provides guidance and helps clients to navigate the evolving masking, vaccine, quarantine and leave requirements, among other things, in order to keep their businesses functioning during these unpresented times.

A partner at Ruskin Moscou Faltischek, P.C., she chairs the Employment Law Practice Groups, and is also a member of the firm’s Litigation Department.

As a featured lecturer, Kimberly has participated in various continuing education programs offering continuing legal education, continuing professional education and human resources certification credit. These programs educate professional audiences on a wide variety of employment law topics, ranging from wage and hour compliance, reductions in force, and issues arising under the Family and Medical Leave Act, to NLRA compliance in social media, and many others. Additionally, she has implemented in-house management training for employers on a range of employment law related topics, including workplace harassment prevention, FMLA and ADA compliance, and wage and hour best practices.

Kimberly also has considerable experience in the intellectual property field and represents and advises clients in connection with trademark, copyright, licensing, privacy, Internet, domain name, unfair competition and trade secrecy issues. She advises clients regarding worldwide intellectual property matters and has experience in connection with drafting agreements for intellectual property rights in various contexts.

She is a member of the American Bar Association, New York State Bar Association and the Nassau County Bar Association.

Kimberly was recently honored by the Long Island Business News as one of the 40 Under 40 Long Islanders for her business achievement and community service.

While in law school, she served as an articles editor for the Cardozo Arts and Entertainment Law Journal.

Interviews, Media Appearances and Presentations 

  • Here Comes 2022 – What Employers Need To Know (RMF Presentation December 2021)
  • Employment Law: Mid-Year Round Up (RMF Presentation May 2021)
  • COVID-19 Vaccines Updates And Concerns (JLA of Nassau County, January 2021)
  • What Employers Need To Know For 2021 (RMF Presentation December 2020)
  • The Logistics & Legalities Bringing Your Employees Back to the Office (Prestige PEO, July 2020)
  • 2018 is Coming – Is Your Company Prepared? (RMF Presentation December 2017)
  • Complying with the New Federal Wage and Hour Regulations: Its Not Too Late! ( RMF Presentation November 2016)
  • Independent Contractors Not So Independent (LIBN, September 2015)
  • Small Business: Managing Unpaid Summer Interns (Newsday, May 2015)
  • On-Call Shifts Come Under Scrutiny (LIBN, May 2015)
  • Effectively Navigating the Wage and Hour Terrain (RMF Presentation November 2014)
  • Personnel Fouls (LIBN, October 2014)
  • Small Business: Running Background Checks on Job Applicants (Newsday, December 2014)
  • What You Know Can Hurt You (LIBN, June 2014)
  • NYS Weighs Landmark Digital Asset Bill (LIBN, August 2014)
  • Digital Life After Death (Nassau Lawyer, June 2014)
  • People/Law: Students need to be wary of social media (LIBN, November 2013)
  • Getting Smart on SMARTPHONES  (Long Island Business News, July 2013)
  • Small Business: Valuable Exit Interviews (Newsday, May 2013)
  • Yahoo! Hotjobs, 5 Lifestyle Activities That Can Get You Fired ( Yahoo, June 2008)

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