EVAN J. SPELFOGEL is a Member of Epstein Becker & Green, P.C., in the Employment, Labor & Workforce Management and Employee Benefits practices. Based in the firm's New York office, he represents management and benefit providers in all areas of employment law, labor, and employee relations.
Mr. Spelfogel's experience includes the following:
- Representing management in all aspects of employment law, including age, sex, race, religion, national origin and disability discrimination before the EEOC and deferral agencies, and in state and federal courts
- Counseling clients and litigating concerning FLSA and state wage and overtime, Davis-Bacon Act and prevailing rate matters; affirmative action plans; human resource audits; employee handbooks and policies; drug and alcohol programs; wrongful discharge claims; breach of employment, confidentiality and noncompete contracts; National Labor Relations and Railway Labor Act matters; union avoidance strategies, organizational campaigns and decertification proceedings; strikes and picketing; union negotiations and arbitration; safety laws and regulations; workplace violence, negligent hiring and/or retention; independent contractor vs. employee issues; due diligence in acquisitions and mergers; and employee benefits/ERISA/fiduciary and MPPAA withdrawal liability matters
- Conducting grievance, mediation, and arbitration hearings, advising on the creation and implementation of non-union alternative dispute resolution procedures (ADR) and the mediation and arbitration of statutory employment discrimination claims.
After graduating from Harvard College and the Columbia University Law School, Mr. Spelfogel served five years with the United States Department of Labor, Office of the Solicitor and the National Labor Relations Board in Washington, D.C., Boston, and New York.
Mr. Spelfogel is an adjunct professor at Columbia University Law School where he teaches Employment Law. He has previously served as an adjunct professor at Baruch College of the City College of New York, and as a lecturer in labor law at St. John's University, and at annual labor and employment institutes of New York University, Southern Methodist University, Boston University, and the University of Washington. He has written, edited and published numerous articles, books and book chapters on a broad range of issues, including wage and hour collective actions, comparable worth and pay equity, employment discrimination, wrongful discharge, retiree health care, plant closings and reductions in work force, e-mail and workplace privacy, union picketing and handbilling on private property, NLRB representation and unfair labor practice proceedings, the interaction of ERISA, the ADA and the NLRA, pregnancy disability, sexual harassment, employee benefits and alternative dispute resolution.
A Former Chair of the New York State Bar Association's (NYSBA) Labor & Employment Law Section, Mr. Spelfogel continues to serve on its Executive Committee. He's also a member of the Executive Committee of the NYSBA's Dispute Resolution Section.
In January 2018, Mr. Spelfogel was elected a Fellow of The New York Bar Foundation. (Fellows are nominated by their peers and recognized for distinguished achievement, dedication to the legal profession, commitment to the organized bar, and service to the public, and they represent less than 1 percent of the NYSBA’s membership.) He was also elected to the College of Labor and Employment Lawyers as a Fellow, the highest recognition by one's colleagues of sustained outstanding performance in the profession, exemplifying integrity, dedication, and excellence. Mr. Spelfogel has been selected by his peers for inclusion in The Best Lawyers in America© (1995 to 2018) in the fields of Employment Law—Management and Labor Law—Management and has been included on the New York Metro Super Lawyers list (2006 to 2017) in the areas of Employment & Labor, Employment Litigation: Defense, Employee Benefits, and Alternative Dispute Resolution. He received the 2014 Samuel M. Kaynard Award for Excellence in the Fields of Labor & Employment Law (this award is given annually in recognition of those who hold strong ideals, display keen legal acumen, and make outstanding contributions to the fields of labor and employment law). In addition, Mr. Spelfogel is currently listed in Who's Who in America; Who's Who in American Education; Who's Who in Industry and Finance; Who's Who Legal: The International Who's Who of Management Labour & Employment Lawyers; and Who's Who in the World.
- Columbia University School of Law (J.D., 1959)
- Harvard University (A.B., 1956)
- Supreme Court of the United States
- U.S. Court of Appeals for the First Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court, District of Colorado
- U.S. District Court, District of Massachusetts
- U.S. District Court, District of Ohio
- U.S. District Court, Eastern District of New York
- U.S. District Court, Northern District of New York
- U.S. District Court, Southern District of New York
- New York
- American Arbitration Association, National Panel of Labor Arbitrators
- American Bar Association: Charter Member, Dispute Resolution Section
- American Bar Association: past Council Member, Section of Labor and Employment Law
- American Bar Association: Section Delegate, ABA House of Delegates
- New York City Bar Association, Labor and Employment, Employee Benefits and Enhance Diversity Committees
- New York State Bar Association: Charter Member, Dispute Resolution Section
- New York State Bar Association: Co-Founder, Past Chair, Section of Labor and Employment Law
- New York State Bar Association: Executive Committee Member, Section of Labor and Employment Law
- New York State Bar Association: Section Delegate to the NYSBA House of Delegates
- New York State Bar Association: Special Committee on the New York State Bar Examination