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J. Scott Dyer
Senior Counsel

425 Lexington Avenue
New York, NY 10017-3954
Phone:  (212) 455-3845
Fax:  (212) 455-2502
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J. Scott Dyer is Senior Counsel and heads the Firm's Labor and Employment Group.

Mr. Dyer advises the Firm's clients on labor and employment law issues which arise in mergers and acquisitions, as well as on the full range of employment law issues including reductions in force, employee discipline and termination and sexual harassment training and investigations. He has substantial experience in advising foreign employers operating in the United States on employment law matters. He represents businesses in the financial services, entertainment and manufacturing sectors in employment litigation including claims of sexual harassment, employment discrimination, breach of employment contract, benefits entitlement, and wrongful discharge in state and federal courts and in arbitration under union agreements, employment contract and securities industry procedures.

Mr. Dyer is a member of the American Bar Association, the New York State Bar Association and the Association of the Bar of the City of New York. He received a B.A. from Cornell University in 1977. He obtained a J.D. from Duke University School of Law in 1980.

Mr. Dyer was admitted to practice in the State of New York in 1981. He is also admitted to practice before the United States Court of Appeals for the Second Circuit, the Supreme Court of the United States and many federal district courts.

Honors/Associations
•  New York State Bar Association
•  American Bar Association
•  Association of the Bar of the City of New York
Publications
•  Supreme Court Changes the Rules for Age Discrimination Cases, Holding Plaintiffs to a Heightened Proof Standard
•  Supreme Court Upholds Provisions in Collective Bargaining Agreement Requiring Employees to Arbitrate Discrimination Claims
•  The Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008
•  President Obama Signs Fair Pay Act Extending Time for Filing Pay Discrimination Claims
•  President Obama Signs Three Pro-Union Executive Orders
•  President Bush Signs Law Broadening the Americans with Disabilities Act
•  California Supreme Court Rejects Ninth Circuit’s “Narrow Restraint” Exception to California’s General Prohibition on Post–Employment Competition Restrictions
•  Court of Appeals Holds that Executives are not Categorically Excluded from the Protections of the Labor Law and Addresses When a Commission Becomes a Wage
•  Second Circuit Holds Lender Is Not Employer of Borrower’s Employees for WARN Act Liability
•  New York Court of Appeals Strengthens "Employee Choice Doctrine", Providing for Forfeiture in the Event of Competition by a Former Employee
•  National Labor Relations Board Rules that Mandatory Arbitration Clause Violates The National Labor Relations Act
•  Supreme Court Recognizes Disparate Impact Claims Under the Age Discrimination in Employment Act
•  Federal Court Rules Cash Balance Plans Unlawful
•  Supreme Court Eliminates the Continuing Violation Theory In Employment Discrimination Cases, For All But Hostile Environment Claims
•  Supreme Court Permits Employers to Refuse to Hire Disabled Individuals When the Position Poses a Direct Threat to the Health of the Individual Employee
•  Supreme Court Invalidates U.S. Department of Labor Regulation that Penalizes Employer for Not Informing Employees that Particular Absences are Leave Under the Family and Medical Leave Act
•  Supreme Court Rules EEOC May Sue For Damages and Other Victim-Specific Relief Despite Valid And Binding Arbitration Agreement Between An Employer and An Employee
•  Supreme Court Sets Yet Another Demanding Standard for Employees to Satisfy in Order to Qualify as Disabled Under the Americans with Disabilities Act
•  Supreme Court Decides Front Pay Awarded Under Title VII Is Not Subject to Damages Caps Imposed by the Civil Rights Act of 1991.
•  Supreme Court Decides Arbitration Clauses in Most Employment Contracts are Enforceable Under the Federal Arbitration Act
•  National Labor Relations Board Extends Rights in Employer Investigations to Non-Union Employees
•  United States Supreme Court Makes Trials of Employment Discrimination Claims Easier to Obtain
•  Employer Liability for Sexual Harassment by Supervisors and Co-Employees
Speaking Engagements
•  Scott Dyer to Speak at British Institute of International and Comparative Law Program
September 18, 2008
•  Scott Dyer Will Address the National Finance Industry Employment Law Committee
May 15, 2008
Admissions
•  New York 1981
•  U.S. District Court Eastern District of New York 1981
•  U.S. District Court Southern District of New York 1981
•  U.S. District Court Western District of New York 1984
•  U.S. District Court Northern District of New York 1987
•  U.S. District Court Eastern District of Michigan 1988
•  U.S. District Court District of Arizona 1990
•  U.S. Court of Appeals 2nd Circuit 1985
•  U.S. Court of Appeals 10th Circuit 1989
•  U.S. Court of Appeals 3rd Circuit 1992
•  U.S. Supreme Court 1992
Education
•  Duke University School of Law, 1980 J.D.
•  Cornell University, 1977 B.A.



•  Labor
•  Litigation
 
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