Kimberly B. Malerba serves Of Counsel to Ruskin Moscou Faltischek, P.C. where she is the Chair of the Digital Media Practice Group, and a member of the firm's Litigation Department as well as the Employment Law Group.
Ms. Malerba has considerable experience in handling virtually all aspects of the employer-employee relationship. Areas of concentration include: employment discrimination prevention and litigation; sexual harassment policy development and compliance; wage and hour compliance; independent contractor analysis and employee policy manual issues. Ms. Malerba 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, Ms. Malerba regularly advises employers on issues such as best practice employment policies, management of disability and leave related issues, reductions in force, terminations, restrictive covenants, hiring and separations from employment and performance management. Additionally, Ms. Malerba has been a featured lecturer at a number of programs offering CLE, CPE and HRCI credits on employment law topics ranging from wage and hour violations to reductions in force and issues arising under the Family and Medical Leave Act and conducts management training for employers on a wide variety of employment law topics, including, workplace harassment, FMLA, ADA and wage and hour issues.
Ms. Malerba 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. Ms. Malerba has litigated intellectual property and complex commercial matters on behalf of national and regional clients in federal and state courts.
Ms. Malerba is a member of the American Bar Association, New York State Bar Association and the Nassau County Bar Association.
While in law school, Ms. Malerba served as an Articles Editor for the Cardozo Arts and Entertainment Law Journal.
Published
"ADA Restoration Act: Will It Redefine "Disability?"" (Suffolk Attorney, July 2008)
"The Rise in Wage and Hour Suits: What's at Stake" (New York Law Journal, May 27, 2008)
"Tech-Tock: Are Employees Who Check Devices Off Hours Entitled to Overtime Pay?" (New York Law Journal, May 21, 2007)
"Employers Beware: Retaliation Standard Eased" (New York Law Journal, June 30 2006)
"Employer Regulation of Blogging" (New York Law Journal, October 31, 2005)
"Does Bankruptcy Discharge Sexual Harassment Debts?" (New York Law Journal, Corporate Restructuring and Bankruptcy Section, March 7, 2005)
"Unanswered Questions After 'Suders'" (New York Law Journal, August 11, 2004)
"Expert Disclosure in New York's Federal and State Courts" (New York Law Journal, April 8, 2004)
"Federal Rule 68: A Rarely Used Defensive Tool" (New York Law Journal, February 9, 2004)
Interviews and Media Appearances
> Yahoo! Hotjobs, "5 Lifestyle Activities That Can Get You Fired " June 19, 2008