Biography

Andrew P. Yacyshyn is a partner in Tannenbaum Helpern’s Employment Law and Staffing practices where he represents businesses in various employment and human resource matters. Andrew is also Associate General Counsel to the New York Staffing Association (NYSA).

Employment and HR Compliance Counseling

Andrew counsels clients on:

• wage and hour compliance;
• allegations and charges of discrimination, harassment, retaliation, and wrongful termination;
• restrictive covenant enforceability;
• employment issues in corporate transactions;
• classification of workers and independent contractor and consulting issues;
• administration and implementation of employee policies and procedures;
• leaves of absence;
• accommodations for applicants and employees with disabilities;
• background checks and onboarding;
• internal workplace investigations;
• employment termination; and
• temporary employees and staffing industry issues.

Andrew reviews and drafts employee handbooks and workplace policies, confidentiality agreements and other restrictive covenants, employment and consulting agreements, commissions agreements, and separation agreements. He has experience conducting internal workplace investigations of harassment and discrimination and provides respectful workplace and anti-harassment training.

Employment Litigation and Government Audits

Andrew regularly represents clients in federal and state courts and before administrative agencies (such as the U.S. Equal Employment Opportunity Commission and the New York State Division of Human Rights) in labor and employment matters, including claims of discrimination, harassment, and retaliation; wage and hour violations; and restrictive covenant breaches. In addition, he represents employers in audits and investigations conducted by the New York Department of Labor and other government agencies.

Hospitality and Fast Food Industries

Employers in the hospitality industry – such as restaurants, bars, caterers, clubs, and hotels, and fast food restaurants – are subject to complicated wage and hour regulations and other employment laws specific to their industry. Andrew conducts internal audits for hospitality clients to support their compliance with these laws and mitigate the risk of costly litigation and government investigations. He counsels hospitality clients on issues regarding tipped workers (including tip credits and tip pooling arrangements), overtime compensation, workplace policies, onboarding, terminations, and general HR compliance. Andrew regularly represents hospitality clients in wage and hour and employment discrimination and harassment litigations.

Andrew also serves as outside employment counsel to a number of fast food restaurants and has significant experience with the NYC Fair Workweek Law. Andrew regularly counsels fast food restaurants on compliance with NYC Fair Workweek Law requirements, including with respect to compliant work schedules, schedule change consents, premium pay requirements, access to hours requirements, progressive discipline, and termination issues. In addition, Andrew represents clients in investigations by the NYC Department of Consumer and Worker Protection.

Building Service Industry

Andrew has extensive experience representing real estate owners and property management and construction companies in wage and hour and other employment law matters specific to the industry. Andrew counsels these employers on proper pay practices and classification of workers, prepares independent contractor and services agreements, and defends employers in government investigations and litigations, such as those brought by building superintendents.