Our Attorneys

Kimberly B. Malerba


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.

Interviews, Media Appearances and Presentations

  • Employer and Employee Rights Since the Passage of MRTA (Cannabiz New York Podcast, May 2023)
  • 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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  • Benjamin N. Cardozo School of Law, (J.D. magna cum laude, 2003)
  • Binghamton University (B.A. with honors music and philosophy, magna cum laude, 2000)