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Morgan Lewis
Kadish

Daniel A. Kadish

Associate

daniel.kadish@morganlewis.com

New York Phone +1.212.309.6328 Fax +1.212.309.6001

101 Park Ave.//New York, NY 10178-0060//United States

Daniel Kadish provides strategic outcome-oriented advice on all aspects of employment law and has been a leader on Morgan Lewis’s COVID-19 compliance and counseling team. In addition to counseling clients on COVID-19 issues, on which he is a regular media contributor and presenter, Dan focuses on finding effective solutions to pressing counseling needs, including accommodations, leave, wage and hour, performance management, workplace investigations, hiring and separations, restrictive covenants, remote work, pre-employment questions, and workplace policy revisions. He also litigates single-plaintiff discrimination cases and complex wage and hour disputes.

Daniel’s wage and hour practice includes actively litigating FLSA and state law compensation cases, often seeking unpaid minimum wage and overtime wages. In addition, Daniel regularly represents clients in the media, fashion, restaurant, and financial industries that are faced with employee, intern, independent contractor, or volunteer misclassification claims. Daniel further provides guidance to clients seeking to review their existing classification schemes, hire independent contractors, or establish an ongoing internship or trainee program.

Daniel also closely follows developments in New York labor law, including the New York Wage Theft Prevention Act, where he regularly counsels clients concerning compliance with applicable laws and regulations.

Additionally, Daniel continues to monitor the latest developments in leave requirements and often counsels clients, both locally and nationally, on sick leave laws and compliance with applicable regulations implementing these laws.

Daniel maintains an active pro bono practice where he counsels not-for-profit organizations on policy matters and has assisted numerous not-for-profit employers in the creation of employee handbooks.

Before attending law school, Daniel spent three years teaching language arts to sixth-graders in Newark, New Jersey, for Teach For America, a nonprofit that works to expand educational opportunity in low-income neighborhoods. As part of his work with Teach For America, Daniel designed curricula and trained incoming teachers on best practices.

In law school, Daniel served as a member of the Fordham Law Review. He was selected by Judge Denny Chin of the US Court of Appeals for the Second Circuit to serve as the judge’s legal writing teaching assistant for the first year writing seminar Judge Chin taught.

Awards and Affiliations

Ones to Watch, Labor and Employment Law - Management, New York, The Best Lawyers in America (2023)

Member, Practice Group of the Year, Labor & Employment, Law360 (2017, 2019)

Admissions

  • New Jersey
  • New York

Education

  • Fordham University School of Law, 2013, J.D., Magna Cum Laude
  • Syracuse University, 2007, B.A., Cum Laude

Sectors

  • Retail & Ecommerce

Services

  • Labor, Employment & Benefits
  • Individual Employee Litigation & Arbitration

Regions

  • North America

Events

3/9/2023 - Hispanic National Bar Association’s Corporate Counsel Conference
1/11/2023 - New York Employment Law Year in Review 2022
11/2/2022 - Pay Transparency: Latest Developments and Legal Considerations for Employers
12/14/2021 - New York Employment Law Year in Review
9/16/2021 - Fast Break: Vaccine Mandates – Latest Developments and Best Practices
9/9/2021 - Health and Safety Council and UTHealth - COVID-19: Vaccine Mandates and Employer Legal Concerns
4/27/2021 - Fast Break: Returning to Work
3/2/2021 - Managed Funds Association - CTO/Information Technology Forum
2/11/2021 - COVID-19 Vaccines: Legal Considerations for Retailers in Light of Latest Developments
1/30/2021 - New York Management Attorneys Conference 2021
1/21/2021 - COVID-19 Vaccines: Legal Considerations in Light of Latest Developments
11/19/2020 - Managing the Workforce in Light of COVID-19: What’s Next for Hospitals and Health Systems
10/29/2020 - Philanthropy NY: COVID-19 Legal Developments and Return to Work Issues
10/22/2020 - International Institute for Conflict Prevention & Resolution (CPR) – COVID-19 Litigation and Claims
8/13/2020 - New York Employers. NOW. NORMAL. NEXT. — A Biweekly Webinar Series

News

3/7/2022 - Salary Transparency Is Coming to NYC: Here Are Lessons Learned by States with Similar Laws, WorkLife
2/15/2022 - ‘Rippling Effect’ of Pay-Transparency Laws to Test Legal Departments, Corporate Counsel
1/31/2022 - What Businesses Should Know About the New Law Requiring Salaries in Job Ads, Crain’s New York Business
12/13/2021 - Past Guidance Gives NYC Employers Clues on New Vax Rules, Law360
12/10/2021 - Commentary: New York City’s New Vaccine Requirements for Employers, Chain Store Age
12/9/2021 - For NYC Businesses, Vaccine Mandates Put Damper on Holiday, Associated Press
11/24/2021 - Almost 30% of Unvaccinated Workers Say They Would Lie about Vaccine Status to Keep their Jobs: Survey, Forbes
11/10/2021 - A Critical Mission Fulfilled
5/4/2021 - Remote Work Relocation Causes Headaches for Managers, SHRM
4/27/2021 - Can You Require Your Employees to Have a COVID-19 Vaccine?, Computer World
4/21/2021 - Employers Deal with Workers' Lost Vaccination Cards, HR Magazine
4/6/2021 - How to Ensure Workers Comply with Employer Mask Mandates, HR Magazine
3/6/2021 - Your Employer Can Ask Whether You’ve Received the Coronavirus Vaccine — and Even Require It, Washington Post
2/24/2021 - UK Employers Mull Compulsory Vaccinations, International Employment Lawyer
2/24/2021 - US Employers Wary of Forcing Staff to Vaccinate, International Employment Lawyer
1/25/2021 - As Workforces Spread Out, Compliance Risks Expand, Attorneys Say, HR Dive
1/6/2021 - Majority of Employers Will Encourage, Not Require, COVID-19 Vaccine, HR Magazine
November 20, 2020 - Lawyers Warn Employers to Brace for Legal Fallout from COVID-Weary Workers, Real Estate Weekly
5/22/2020 - What General Counsel Need to Think About as Companies Reopen, Bloomberg Law

Publications

5/16/2023 - New York Enacts Increases to State Minimum Wage
4/25/2023 - Legislation Clarifies Reach of New York Salary Transparency Law to Remote Workers
4/19/2023 - New York City Issues Final Rule on AI Bias Law and Postpones Enforcement to July 2023
4/10/2023 - New York State Delays, Amends Warehouse Worker Protection Act
12/22/2022 - New York State Enacts Several Laws with Major Repercussions for Employers
12/15/2022 - How New Wage Transparency Laws Affect Job Ads Under the PERM Process
10/4/2022 - New York City Proposes New Rules to Clarify Law on Employers’ Use of Artificial Intelligence
9/23/2022 - New York City Vaccine Mandate to Be Rescinded November 1
8/30/2022 - New York Adult Survivors Act: What Employers Should Know
8/24/2022 - How the Mpox Outbreak Differs from the COVID-19 Pandemic: A Guide for Employers
8/19/2022 - What Employers Should Know About Mpox, Bloomberg Law
8/18/2022 - How the CDC’s Updated COVID-19 Guidance Affects Employers
5/13/2022 - New York City Delays and Amends Law Requiring Salary Disclosures on Job Postings
2/28/2022 - CDC Guidance Drops Mask Recommendation in Most Indoor Settings
2/24/2022 - Digital Health Trends to Watch in 2022
2/11/2022 - New York State Lifts Private Employer Masking Requirements
1/19/2022 - New York City Enacts Law Requiring Salary Disclosures on Job Postings
12/23/2021 - NY DOL Proposes New HERO Act Workplace Safety Committee Regulations
12/17/2021 - New Guidance on ‘Key to NYC’ Private Sector COVID-19 Vaccine Mandate
12/10/2021 - New York State to Impose Mask Mandate in All Indoor Public Places December 13
12/8/2021 - Federal Contractor Vaccine Mandate Stayed Nationwide
12/7/2021 - Employers: New York City Mandates COVID-19 Vaccination for All In‑Person Private Sector Employees by December 27
11/2/2021 - NJ State Contractors Required to Mandate Vaccination or Weekly Covid-19 Testing
10/25/2021 - Arkansas Law Requires Employers to Accept Testing Alternative to COVID-19 Vaccination
9/23/2021 - September Fast Break Recap: Vaccine Mandates – Latest Developments and Best Practices
9/9/2021 - New York City Vaccine Requirements Create Significant Compliance Hurdles for Covered Retailers, Total Retail
9/8/2021 - New York Declares COVID-19 an Airborne Infectious Disease; Triggers Safety Plan Requirements
8/24/2021 - Best Practices for Compliance with NYC's New Vaccine Order, Law360
8/19/2021 - ‘Key to NYC’ Order Requires Proof of COVID-19 Vaccination to Enter Entertainment, Dining, Fitness Venues
8/12/2021 - NYC Indoor Vaccine Mandate Requires Significant Action from Retailers, Retail & Restaurant Facility Business
8/3/2021 - LawFlash: Guidance on COVID-19 Vaccine Mandate Legality Informs Federal, State Authorities’ Vaccine Approaches
8/2/2021 - Guidance on COVID-19 Vaccine Mandate Legality Informs Federal, State Authorities’ Vaccine Approaches
7/29/2021 - CDC Releases New Guidance on Mask Usage Amid Flurry of COVID-19 Activity
7/29/2021 - Updates to NYC Fair Chance Act Expand Protections for Applicants, Current Employees, Independent Contractors
7/27/2021 - 4 Urgent Employer Steps After NY's New Airborne Virus Law, Law360
7/19/2021 - New York Releases Required Airborne Infectious Disease Exposure Prevention Standard
6/16/2021 - New York Drops COVID-19 Restrictions as State Reaches 70% Vaccination Goal
6/15/2021 - LawFlash: OSHA Issues Emergency Temporary Standard for Healthcare Employers and Directs All Other Employers to Nonbinding Guidance
6/11/2021 - OSHA Issues Emergency Temporary Standard for Healthcare Employers and Directs All Other Employers to Nonbinding Guidance
6/10/2021 - New York State Updates COVID-19 Office Rules as Vaccination Numbers Continue to Rise
6/8/2021 - LawFlash: EEOC Updates Technical Guidance on COVID-19 with Focus on Vaccine Records and Incentives
6/3/2021 - Questions Remain After EEOC's Vaccine Guidance Update, Law360
6/1/2021 - EEOC Updates Technical Guidance on COVID-19 with Focus on Vaccine Records and Incentives
5/28/2021 - New Jersey, Oregon, and Washington Remove Masking, Social Distancing Requirements for Vaccinated Employees
5/18/2021 - LawFlash: CDC Updates Guidance to Permit Vaccinated Workers to Remove Masks in Most Indoor Settings
May 18, 2021 (Updated May 19, 2021) - New York to Implement CDC Guidance on Indoor Mask Use and Social Distancing
5/14/2021 - CDC Updates Guidance to Permit Vaccinated Workers to Remove Masks in Most Indoor Settings
5/13/2021 - LawFlash: New York Enacts HERO Act Codifying COVID-19 Worker Protections
5/6/2021 - New York Enacts HERO Act Codifying COVID-19 Worker Protections
5/4/2021 - April Fast Break Recap: Returning to Work
May 04, 2021 (Updated May 06, 2021) - Multiple States, Including the New York Tristate Area, Announce Significant Rollback of COVID-19 Capacity Limit Restrictions
3/16/2021 - New York Requires Paid Time Off for COVID-19 Vaccinations, Ends Domestic Travel Advisory, Phases Out Executive Directives
3/9/2021 - CDC Issues Health Recommendations for Vaccinated People; States Begin Issuing Vaccine Guidance
3/9/2021 - LawFlash: CDC Updates Key COVID-19 Guidance Materials
3/2/2021 - CDC Updates Key COVID-19 Guidance Materials
2/2/2021 - Insight – Vaccine Development and Distribution: Legal Considerations for US Healthcare Providers and Other Employers
1/29/2021 - Vaccine Development and Distribution: Legal Considerations for US Healthcare Providers and Other Employers
12/31/2020 - INSIGHT: Key Legal, Tax Considerations for Relocated Long-Term Remote Workers, Bloomberg Law
12/17/2020 - EEOC Publishes Initial Guidance Addressing COVID-19 Vaccine Considerations for Employers
12/3/2020 - CDC Updates Quarantine Guidance and Permits Shorter Quarantine Periods
11/30/2020 - Key Considerations and Best Practices for Transitioning to Long-Term Remote Work
11/24/2020 - CDC Limits Permissible In-Person Work by Exposed Critical Infrastructure Workers
11/20/2020 - New York State, City Issue Guidance on New Paid Sick Leave Requirements
11/10/2020 - Managing the Workforce: COVID-19 Vaccines and What’s Next for Hospitals and Health Systems
November 09, 2020 (Updated December 16, 2020) - COVID-19 Vaccines: Considerations for US Employers
11/3/2020 - New COVID-19 Travel and Quarantine Restrictions in NY Permit Testing Out of Quarantine
10/22/2020 - CDC Expands Definition of ‘Close Contact’ to Include Multiple Short Interactions
10/16/2020 - NY Employers Must Prepare For New COVID-19 Closures, Law360
10/9/2020 - New York Implements COVID-19 Cluster Restrictions, Including Mandatory Closures
September 25, 2020 (Updated September 29, 2020) - New York City Council Amends Paid Sick Leave Law
6/30/2020 - New York, Connecticut, and New Jersey Place Quarantine Restrictions on Arriving Travelers
6/9/2020 - New York State and City Continue Reopening; Issue Office, Retail, and Industry-Specific Guidance
5/19/2020 - New York Begins Partial Reopening Plan, Offers Industry-Specific Guidance
4/28/2020 - Reopening the Workplace—A Preliminary Guide for Employers, Bloomberg Law
4/16/2020 - New York Issues Broad Orders and Guidance on Face Covering Requirements
4/16/2020 - Reopening the Workplace: A Preliminary Guide for US Employers
03/27/2020 (Updated 04/09/2020) - New York COVID-19 Paid Sick Leave Law Updates
4/8/2020 - New York State Enacts Broad Paid Sick Leave Law
3/19/2020 - State and Local Leave Initiatives and Responses to the COVID-19 Pandemic
2/12/2020 - 3 Employee-Friendly Updates in NY's 2021 Budget Proposal, Law360
1/27/2020 - New York Governor Proposes Significant Employment Law Updates in 2021 Budget
12/18/2019 - New York Bans Discrimination, Retaliation Based on Employee Reproductive Health Decisions
7/1/2019 - New York State Legislature Passes Salary History Ban, Broadens Equal Pay Law
6/25/2019 - New York Legislature Passes Significant Harassment and Discrimination Law
5/22/2019 - New York City Limits Pre-Employment Marijuana and THC Testing
2/11/2019 - NY Governor Proposes Budget Addressing Labor and Employment Issues
12/5/2018 - New York City’s New Lactation Laws Impose Additional Requirements on Employers
2/6/2018 - New York City Expands Reasonable Accommodation Response Requirements
1/22/2018 - DOL Adopts New Standard for Determining Whether Unpaid Interns Are ‘Employees’
9/6/2017 - New York Paid Family Leave Update: Additional Guidance on Tax Treatment
7/7/2015 - Second Circuit Establishes New Test for Unpaid Intern Claims
11/10/2014 - Paid Sick Leave Laws Enacted in U.S. State and Local Elections