Rashmee Sinha

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Biography

Rashmee Sinha focuses her practice on labor and employment counseling and litigation. As a logical, strategic, and pro-active employment defense attorney, Ms. Sinha has a proven track record of extricating clients from suit in the early stages of litigation. Ms. Sinha handles complex wage and hour class/collective actions, including cases brought under the Fair Labor Standards Act, New York Labor Law, and New Jersey Wage Payment Law. She also handles claims under Employment Practices Liability Insurance, Directors and Officers and Errors and Omissions policies related to discrimination, harassment, retaliation, failure to accommodate, whistle-blower, and wrongful discharge on the basis of protected categories (i.e. age, sex, disability, race, gender, national origin, religion, pregnancy etc.).

Ms. Sinha is experienced in managing all aspects of litigation, often complex, through summary judgment. Ms. Sinha provides day-to-day counseling on HR compliance issues and oversees hiring, on-boarding, disciplinary actions, leave requests, terminations, and benefits. She is experienced in all areas of employment litigation in both federal and state courts. She defends administrative proceedings and regulatory compliance investigations before numerous employment practice agencies including the EEOC, and the federal and state Department of Labor and the Department of Health. She has worked with and been endorsed by many insurance carriers in employment practices litigation. She has also been called upon to speak at annual training seminars for a carrier rated Superior “A+ XIII” by A.M. Best.

Ms. Sinha represents employers from industries including healthcare, construction, financial services, property management, insurance, technology, transportation, building services, hotel and hospitality, retail, manufacturing, power and energy, and pharmaceutical. She also counsels employers on employment and compliance issues including employment policies, contracts, discipline, terminations, leaves of absence, accommodations, complaints, investigations, benefits, proprietary information, restrictive covenants, reorganizations, and executive compensation.

Prior to joining Kaufman Dolowich and Voluck, she was a member of an employment practices group at another top tier law firm. She interned for The Honorable Magistrate Judge Ronald Hedges in the United States District Court for the District of New Jersey. Rashmee is an active member of the Professional Liability Underwriting Society. She has been recognized as a “Rising Star” by Super Lawyers, and as an Emerging Leader by the Visionary Lions Club.

Professional Memberships

• Professional Liability Underwriting Society (PLUS) – Management/PL Trend Advisor

• Defense Research Institute

• American Bar Association – Labor & Employment Section

• New York Bar Association – Labor & Employment Section

• Insurance Professionals Association of Long Island – Executive Board, Corresponding Secretary

Awards

• Super Lawyers, Rising Star 2016, 2017, 2018, 2019

• Emerging Leader Award, Visionary Lions Club, 2013

Publications

• NY Expands Whistleblower Law. Employers: Tread Carefully; New York Law Journal, authors Rashmee Sinha, Esq., Saranicole Duaban, Esq., Solomon Abramov, Esq., March 23, 2022

• BUSTED: New York Department of Labor Thwarts Over $1 Billion in Unemployment Insurance Fraud Claims Amid the Coronavirus Pandemic

• Rashmee Sinha Joins Kaufman Dolowich & Voluck As Employment Practices Liability Partner on Long Island

• KDV Alert – Coronavirus: What Should Employers Do?

News

• EMPLOYER ALERT: Governor Hochul Ushers in Sweeping Changes to Workplace Discrimination, Harassment, and Retaliation Laws

• EMPLOYER ALERT: NEW YORK CITY ISSUES ADDITIONAL GUIDANCE ON THE “KEY TO NYC” PASS FOR PRIVATE SECTOR EMPLOYERS

• REMINDER: New York State Paid Sick Leave Goes Into Effect Today

• BUSTED: New York Department of Labor Thwarts Over $1 Billion in Unemployment Insurance Fraud Claims Amid the Coronavirus Pandemic

• Rashmee Sinha Joins Kaufman Dolowich & Voluck As Employment Practices Liability Partner on Long Island

• KDV Alert – Coronavirus: What Should Employers Do?

Speaking Engagements

• WBWD Radio Zindagi, 2021

• RSUI Insurance, Atlanta GA – 2017, 2018

• Leading Age, New Jersey, 2017, 2018

• We Works Food Labs, 2019

• NJ Employment Law Hot Topics, 2019

• Coronavirus and the Workplace Presentation, February 2020

Remote Workplace Accountability, Long Island Construction Finance Management Association, April 2021

Areas of Practice (6)

  • Labor and Employment Law
  • Employment Practices Defense Litigation
  • Wage & Hour Audits
  • Human Resources Counseling and Training
  • Wage & Hour/Fair Labor Standards Act (FLSA)
  • Employment Practice Audits

Education & Credentials

University Attended:
Boston University, B.A., International Relations & Economics
Law School Attended:
Seton Hall University School of Law, J.D.
Year of First Admission:
2009
Admission:
2009, New York; 2009, New Jersey; 2015, Pennsylvania; U.S. District Court, Southern District of New York; U.S. District Court, Eastern District of New York; U.S. District Court, Northern District of New York; U.S. District Court, District of New Jersey; U.S. District Court, Eastern District of Pennsylvania; U.S. District Court, Middle District of Pennsylvania; United States Court of Appeals, Second Circuit
Memberships:
Defense Research Institute; American Bar Association; New York Bar Association.
Languages:
Hindi
Reported Cases:
Representative Matters: Represented the largest provider of transitional housing at the U.S. Equal Employment Opportunity Commission ( EEOC ) in New York. The Complainant alleged sex discrimination and retaliation in violation of Title VII of the Civil Rights Act. Prior counsel filed a position statement. The EEOC issued a Probable Cause determination. At conciliation, the EEOC recommended a monetary settlement in the amount of $500,000.00 along with a host of fringe benefits. Rashmee subsequently assumed the defense and aggressively litigated the matter. She settled the case after taking the Plaintiff's deposition for a nuisance amount of $15,000.; Represented a nursing home against a pro-se plaintiff, a former part-time Certified Nursing Assistant ( CNA ). The CNA filed a Charge of Discrimination with the New York State Division of Human Rights alleging race/color, age and disability discrimination. He sought millions of dollars in damages. The Division issued a finding of probable cause in favor of the complainant. The matter was transferred to Rashmee for handling. Plaintiff subsequently filed a federal Court complaint, which was dismissed on two 12(b)(6) motions. Plaintiff then filed an appeal with the United States Court of Appeals for the Second Circuit. Rashmee filed opposition and obtained a dismissal of all claims.; In Jeffrey First. v. Cornell Hall Rehabilitation Center, Plaintiff Jeffrey First filed a Complaint with the New Jersey Superior Court-Law Division alleging discrimination based on religion in violation of the New Jersey Law Against Discrimination. He demanded nearly half a million dollars to settle the lawsuit. Rashmee prepared and filed a winning Summary Judgment Motion, which resulted in dismissal of the entire Complaint.; Rashmee was contacted to handle an urgent matter regarding an employer who had terminated an employee due to unsatisfactory performance. The employee threatened to file a class action lawsuit against the small interior decorating company based on an alleged failure to pay overtime, provide lunch breaks and raised a host of common law theories, including worker's compensation retaliation and disability discrimination. The client feared the claim would bankrupt her small interior design business. Rashmee settled the matter at a 'no pay' position.; Represented a prominent Pennsylvania construction company. An employee originally filed an EEOC Charge alleging sexual harassment and retaliation in violation of Title VII of the Civil Rights Act and concomitant state and city statutes. After exhausting her administrative remedies, the employee filed a federal action in the United States District Court for the Eastern District of Pennsylvania. Her opening settlement demand was $875,000. The Foreman was Plaintiff's direct supervisor. Plaintiff claimed that as a final act of retaliation, two months after she complained to Human Resources and her claims were investigated, that she was terminated. The matter was ultimately settled for one-sixth of the initial demand.; Negotiated with the United States Department of Labor for a reduction in the amounts owed, after the DOL conducted a yearlong investigation into potential wage and hour violations, and misclassification of employees of a class of certified nursing aides, licensed practical nurses and a director of social services employed by a nursing home in New York. The Agency determined that the nursing home owed approximately $44,000 in back-wages. A liquidated damages component of 100% of the back-wages owed brought the total amount owed to $88,000.00. Finally, the DOL capitulated and agreed to settle the matter for a total amount of the back wages owed without any penalties or violations assessed to the nursing home.
ISLN:
922764975

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Contact Information:

424-458-7151  Phone

516-681-1101  Fax

www.kdvlaw.com/professional/rashmee-r-sinha

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