Ken DiGia leverages more than 30 years of legal experience to advise a broad range of clients on various employment law issues. Clients value his responsiveness and attention to detail. Always working to help clients avoid litigation, Ken designs and reviews personnel policies, manuals, and handbooks. He also provides advice to clients on planning for reductions in force, conducting internal investigations, and drafting separation agreements.
Additionally, Ken represents employers in the defense of putative collective actions under the Fair Labor Standards Act (FLSA), and class actions under New York State Labor Law involving the misclassification of employees, compensation for hours worked, and salary basis issues in cases with potential classes of more than 50,000 employees. The claims of misclassification have included executive, administrative, outside sales, and companionship exemptions.
Ken has been involved in a number of cases that have been published, including:
- United States ex rel. Rattan v. Episcopal Health Serv., No. 11-cv-6259 (ADS), 2015 U.S. Dist. LEXIS 174197 (E.D.N.Y. July 13, 2015) (the district court granted defendants’ motion for summary judgment dismissing plaintiff’s False Claims Act and Title VII claims).
- Myers v. The Hertz Corp., 624 F. 3d 537 (2d Cir. 2010) (affirming district court’s denial of class certification)
- Anderson v. The Hertz Corp., 303 Fed. Appx. 946 (2d Cir. 2008) (affirming the district court’s grant of summary judgment in claim of race discrimination).
- Ward v. The Bank of N.Y., 455 F. Supp. 2d 262 (S.D.N.Y. 2006) (granting the motion to dismiss for lack of subject matter jurisdiction based on rejection of an offer of judgment).