Profile
Jon’s record in his labor and employment practice, which spans virtually every aspect of the engagement, protection, management and reward of workforce resources, has earned him a spot in Lawdragon’s Hall of Fame of American Labor and Employment Lawyers, recognition by Lawdragon as one of the Nation’s Top 20 Lawyers in Traditional Labor Law, shortlisting by Benchmark Litigation as one of the Top 5 Employment Litigators for Management East of the Mississippi, Lawdragon’s naming him one of the Nation’s Most Powerful Employment Lawyers, repeated listings in Chambers, Best Lawyers, Super Lawyers and The Legal 500, plus designation as a Benchmark Litigation Labor and Employment Star.
Jon has been representing leading employers since 1974. He regularly represents employers in the areas of collective bargaining and traditional labor relations, Employee Retirement Income Security Act (ERISA) litigation, wage and hour matters, discrimination and harassment complaints, restrictive covenant, duty of loyalty and trade secret litigation, Dodd-Frank, Sarbanes-Oxley (SOX) and other whistleblower matters, global and domestic executive employment arrangements, and corporate campaigns. Jon is also frequently involved in the labor and employment aspects of corporate transactions and class and collective actions that arise in those contexts. From 2010 through 2018 Jon co-chaired the firm's Global Labor and Employment Practice which was twice named a Law360 Employment Group of the Year during that tenure. He currently chairs the Labor & Employment Practice’s ERISA & Employee Benefits Litigation group.
Some of Jon’s recent victories for clients include, Thomas v. Bed Bath & Beyond, 961 F.3d 598 (2020), sustaining the Company’s use of the Fluctuating Work Week methodology to pay overtime; dismissal of an ERISA stock drop class action, Martone v. Whole Foods Market Inc., 2016 U.S. Dist. LEXIS 133703 (W.D. Tex 2016), followed by dismissal of an amended complaint in the same matter, Martone v. Robb, 2017 U.S. Dist. LEXIS 122014, (W.D. Tex. Aug. 2, 2017) with that decision affirmed on appeal by the Fifth Circuit, 902 F.3d 519 (5th Cir. 2018); in a Zoom hearing a complete defense verdict before an arbitrator upholding the Company's denial of severance pay to a departing founder because of his violation of restrictive covenants (2020); dismissal of a NLRB complaint alleging that no lawful impasse had occurred in negotiations Jon had led as chief spokesperson where the terms of the employer's last and final offer were implemented (Time Inc, JD(NY)-30-16, 2016 NLRB LEXIS 574), followed by his negotiation of a collective bargaining agreement based on those implemented proposals, which the client described as providing it "with the operational flexibility necessary to succeed in today's transformative media environment," (New York Post, September 30, 2016); a complete defense verdict, after 20 hearing days before a JAMS arbitrator, dismissing a senior, highly salaried former employee's systemic disparate impact, age discrimination and retaliation claims; and UPS Supply Chain Solutions, JD(ATL)-23-15, 2015 NLRB LEXIS 951, in which a National Labor Relations Board Administrative Law Judge found lawful the Company’s declaration of impasse and resulting implementation of periodic changes to a company-wide health care plan.
Throughout his career, Jon has been involved in many high-profile matters. He negotiated the project labor agreement for the new stadium for one of America's most famous sports franchises. He has been lead counsel for a leading national employer in several nationwide wage and hour class and collective actions seeking to challenge the exempt status of nearly every managerial position at the company. He negotiated the exit of multiple divisions of an employer from one of the nation’s largest multiemployer defined benefit plans. For one of America’s most watched television programs and its production companies and network, Jon gained EEOC dismissal of a multicomplainant charge targeting consideration of arrest records. Avoiding years of discovery, he pioneered use of judgment on the pleadings with attached administrative record to gain judgment on the pleadings, affirmed by the Second Circuit, dismissing contingent worker benefits claims. He represented the alleged employer in one of New York’s leading cases establishing independent contractor status, from administrative hearing through argument before New York’s Court of Appeals. Jon also represented the administrative committee of a retirement savings plan for a major energy company in the voting of company shares held in plan participants' accounts in a contested proxy contest, then represented that same committee in a parallel ERISA-based "stock drop case." In addition, Jon gained dismissal of a lawsuit brought by the dominant player in a niche of the financing industry against a startup that had hired the plaintiff's founder and CEO, its CFO and a majority of the plaintiff's sales force. Jon also advised one of America's iconic brands on the strategy it used to end an internet and regulatory agency-based corporate campaign that had sought to sully his client's reputation in order to pressure it into giving in to undisclosed parties' own institutional objectives. In another area, Jon led a 40-lawyer team spanning 10 GT offices advising a major media company on personnel restructurings and a similar team advising a major investment bank for the same purpose.
In addition, among other matters, Jon represented the nation's leading telecommunications company in several "BlackBerry" wage and hour cases. He also advises a leading national employer on structuring collective bargaining and multiemployer pension plan and health care strategies, negotiating multiple collective bargaining agreements throughout the country, allowing the employer to withdraw from one of America's most underfunded pension plans and then crafting an approach which substantially reduced the original withdrawal liability demand from that fund.
Jon is a frequent lecturer and writer. His breadth of experience is reflected in the treatise that he authors, New York Employment Law (Matthew Bender/LexisNexis, 2d Ed, updated annually).
One major financial services client recently remarked to a leading publication, "for employment litigation we use Jonathan Sulds... We really want experts. Looking for a litigator is like looking for a surgeon. You don't want to need one but if you need one you want to be sure you have the best one." (LA Daily Journal, November 8, 2016)
Capabilities
Experience
- Sklar v. NY Life Insurance Co., 34 Fed. Appx 403 (2d Cir. 2002) [Affirming summary judgments - ADEA]
- Priore v. NY Yankees, 307 A.D. 2d 67, 761 N.Y.S. 2d 608 (1st Dept. 2003) [Employer not liable where co-worker harassment alleged; reversing trial court and granting summary judgment.]
- Nieves v. Angelo Gordon & Co., 2007 US Dist. LEXIS 27006 (S.D.N.Y. April 10, 2007) [Summary judgment - ADEA]; aff'd 2009 U.S. App. LEXIS 14584 (2d Cir. 2009)
- Chief spokesperson in over 75 collective bargaining negotiations in diverse industries including: Alarm Systems, Car Dealers, Computer Hardware Manufacturing, Commercial Printers, Dairy (processing and delivery), Educational Institutions, Electrical Equipment Manufacturing, Electric Utility, Farm Equipment, Film Digital Library, Garment Manufacturing, Health Care (acute care, long term care, home health care ancillary service centers), Hotels, Hydraulic Pump Manufacturing, Magazine Publishing, Newspaper Publishing, Pharmacy Fulfillment, Radio/TV, Recreational Vehicle Manufacturing, Shipping, Sports Teams, Venue Operations (sports, entertainment).
- Legal Counsel providing strategic advice for dozens of collective bargaining negotiations in diverse industries including: Aerospace Manufacturing, Automotive Manufacturing, Freight, Media/Newspaper, Package Delivery, Public Sector Electric Utility, Steel Manufacturing, Telecommunications.
- Legal Counsel providing strategic advice on intersection of collective bargaining agreements with corporate transaction structures in diverse industries including: Automotive Manufacturing, Dairy, Media, Package Delivery, Shipping, Telecommunications, Utilities.
Benefits Related
- Chief Counsel and negotiation spokesperson for exit from multi-employer industry association of multiple employer with establishment of new benefit funds; litigation of transfer of benefits and liabilities.
- Chief Counsel and negotiation spokesperson in negotiation of withdrawals from underfunded multiemployer pension plans with arbitration of subsequent withdrawal liability calculations (including issues of proper crediting of prior partial withdrawal).
- Chief Counsel and negotiation spokesperson/litigation lead over employer wide changes to plans covering bargaining units and nonunion employee alike.
- Counsel to employer trustees of jointly trusteed health and welfare and pension plan.
- Counsel to employers in numerous audit disputes relating to contributions claimed for contingent and supplemental workers.
Bankruptcy
- Trial Counsel in Section 1113/Section 1114 proceedings.
- Counsel providing strategic advice on negotiations options/alternatives for public sector utility.
- Represent employers, potential purchasers of assets, creditor committees and bondholder committees.
Labor Litigation
- Trial Counsel in over 200 arbitrations involving contract interpretation and discipline issues.
- Trial Counsel in more than 30 National Labor Relations Board proceedings (including unfair labor practice, representation and work assignment cases).
- Trial Counsel in over 20 injunction proceedings (Boys Markets, police power, National Labor Relations Act Section 10(l)).
Corporate Transactions/Bankruptcy
- Represent private equity funds in numerous acquisitions.
- Territory wide electric power authority.
- Deal structure for package delivery company's acquisition of freight forwarding, LTL, Company.
- Collective bargaining and labor relations structuring as condition to asset/stock acquisitions and on behalf of debtors and committees of creditors and bondholders in connection with emergence from bankruptcy.
Corporate Campaigns
- Advised one of America's iconic brands on the strategy it used to end an internet and regulatory agency-based corporate campaign that had sought to sully the client's reputation in order to pressure it into giving in to undisclosed parties' own institutional objectives.
- Litigation, labor relations and interface with governmental and public affairs, as well as strategic counsel to employers in various industries including consumer goods, defense, health care and utilities.
Project Labor Agreements
- Advised New York’s iconic sports team on new venue project labor agreement.
- Advised major New York City university on project labor agreement.
- Advice to developers and tenants on project labor agreements.
- Counsel to investment banks, private equity funds, hedge funds, insurance brokerages, manufacturing and industrial concerns. Current/recent matters in Massachusetts, Connecticut, New York, New Jersey, Indiana and Texas.
- Martone v. Whole Foods Market Inc. 2016 U.S. Dist. LEXIS 133703 (W.D.Tex 2016) [Stock drop], Martone v. Robb, 2017 U.S. Dist. LEXIS 122014 (W.D. Tex. Aug. 2, 2017), aff’d 902 F.3d 519 (5th 2018)
- Skelly v. Ins. Serv. Office, 599 Fed. 409 (BNA) 2939 (2d Cir. 2015). [Dismissal of class action challenging conversion from pension plan’s defined benefit structure as violation of ERISA. Appx. 60 Employee Benefits Cases]
- Montesano v. Xerox Corp Ret. Income etc., 256 F. 3d 86 (2d Cir. 2001) [Affirming grant of judgment on pleadings dismissing nationwide class of contingent workers' claims for benefits and pursuant to § 510 ERISA]
- Davenport v. Harry N. Abrams, 249 F. 3d 130 (2d Cir. 2001) [Affirming summary judgment - contingent worker failed to exhaust remedies]
- Bakner v. Xerox Corp Employee Stock Ownership Plan, 2000 U.S. Dist. LEXIS 21540 (W.D. Tex 2000); Lawrence v. Xerox etc., 56 F Supp. 2d 442(D. N.J. 1999) [Nationwide putative Varity class action; class certification denied, claims dismissed via motion]
- A.P.E. v. Dow Jones, 671 F. Supp. 1365 (S.D.N.Y. 1987) [Plan sponsor not a fiduciary]
- Design of global regimens.
- Negotiating and drafting executive employment and compensation arrangements for:
- CEO, major trade group;
- Global head of structured finance for top tier investment bank;
- CEO, international airline;
- Americas managing director for top five private equity fund;
- Head of Capital Markets for leading middle market investment bank;
- General counsel for Fortune 100 global services company;
- President of cable television network.
- In addition, represent employers in the chemicals, biotech, hedge fund and private equity industries in the structuring of executive employment agreements.
- Hertz Corp. v. C'mmr of Labor, 2 N.Y. 3d 733, 778 N.Y.S. 2d 743 (2004) [New York's Court of Appeals unanimously holds class of individuals are independent contractors and not employees, reversing administrative agency findings]
- Montesano v. Xerox Corp Ret. Income etc., 256 F. 3d 86 (2d Cir. 2001) [Affirming grant of judgment on pleadings dismissing nationwide class of contingent workers' claims for benefits and pursuant to § 510 ERISA]
- Davenport v. Harry N. Abrams, 249 F. 3d 130 (2d Cir. 2001) [Affirming dismissal of contingent worker claim for benefits on exhaustion grounds]
- Representing private equity and hedge funds in design and documentation; lead counsel in court and arbitration proceedings involving such arrangements.
- Budet v. Tiffany & Co., 155 A.D. 2d 408, 547 N.Y.S. 2d 81 (1st Dept. 1989) [Employer free to choose employees whom it will include in management purchase of company shares in buy-out situation]
- Thomas v. Bed Bath & Beyond, 961 F.3d 598 (2020) (2nd Cir., 2020).
- Counsel to telecommunications company in "BlackBerry" collective actions.
- Represents over 300 store specialty sports retailers in nationwide collective action.
- Represented leading home furnishings retailer in nationwide class and collective action.
- Acted as lead counsel for the nation's leading package deliverer in multiple wage and hour class and collective actions.
- Lead counsel, putative nationwide class actions of all managerial employees for Fortune 50 Company.
- Department of Labor (DOL) investigation of exempt status of financial planners; district determination to commence litigation reversed by regional solicitor.
- Nationwide grocery chain "off the clock" and related ERISA prohibited transaction claims
- Obtaining dismissal of SOX complaint filed by senior financial official of bus manufacturer who claimed safety issues had not been disclosed.
- Dismissal of pilot's whistleblower claim against aviation services company and fund owner of airplane
- Representing audit committee of biotech company charged by resigning general counsel with failure to make proxy disclosures with respect to research results.
- Internal investigations in various industries including entertainment, oil production and financial services.
°Some of the above representations were handled by Mr. Sulds prior to his joining Greenberg Traurig LLP.
Recognition & Leadership
- Listed, The Best Lawyers in America, Employment Law - Management; Labor Law - Management; Litigation - Labor and Employment, 2012-2024
- Listed, Chambers USA Guide, 2007-2023
- Listed, The Legal 500 United States, 2014-2023
- Labor and Employment Disputes (Including Collective Actions): Defense, 2023
- Labor and Employment - ERISA Litigation, 2023
- Listed, Benchmark Litigation, "Labor & Employment Star," 2019-2024
- Listed, Super Lawyers magazine, New York Metro Super Lawyers, 2009-2023
- Listed, Lawdragon 500, Leading U.S. Corporate Employment Lawyers, 2020-2024
- "Hall of Fame: Labor & Employment, esp. Litigation," 2024
- Listed, Lawdragon and Human Resource Executive magazine, 2016-2019
- "Hall of Fame", 2018-2019
- "The Nation’s Most Powerful Employment Lawyers – Top 100," 2017
- "Nation’s Top 20 Lawyers in Traditional Labor & Employment Law," 2016
- Listed, The American Lawyer and Corporate Counsel magazines, "Top Rated Lawyer" — Labor and Employment, 2013
- Team Member, a Law360 "Employment Practice Group of the Year," 2011 & 2013
- Rated, AV Preeminent® 5.0 out of 5.0
- Member, Leadership Council, Kaufman Music Center, New York City
Credentials
- J.D., cum laude, Harvard Law School
- M.A., with distinction, Colgate University
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B.A., magna cum laude, Colgate University
- Phi Beta Kappa
- Danforth Graduate Fellow
- Herbert Lehman Fellow
- New York
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Western District of New York
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Third Circuit