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Jason B. Jendrewski is an experienced counselor regarding a wide range of labor and employment law and public accommodation disability access issues. He defends employers and public accommodations in federal and state courts as well as in administrative proceedings before government agencies, such as the National Labor Relations Board, U.S. Equal Employment Opportunity Commission, New York State Division of Human Rights, New York City Commission on Human Rights, U.S. Department of Labor, New York State Department of Labor, and U.S. Department of Justice.

Jason has extensive experience advising public accommodations on Americans with Disabilities Act (ADA) Title III compliance regarding the accessibility of their facilities, websites and mobile applications, the use of service animals, the provision of auxiliary aids and services to ensure effective communication, and the obligations of hotels and other places of lodging concerning their reservations systems. Jason has defended or resolved more than one hundred lawsuits as well as numerous pre-litigation demands involving these issues. He also has presented to industry groups, provided guidance on legislative reform efforts, and published timely articles about ADA developments.

In addition to Jason’s robust ADA practice, Jason regularly counsels employers on their compliance with the myriad of federal, state, and local laws affecting the workplace and litigates class and collective action wage and hour claims and employment discrimination disputes. While Jason has represented private and public companies in a variety of industries, he has considerable experience representing restaurants, hotels, and other hospitality-related entities. Jason also has a background in traditional labor law and possesses labor relations experience in both the public and private sectors, including the professional sports industry.

Capabilities

Experience

  • Obtained summary judgment on an ADA Title III claim in the United States District Court for the Southern District of New York concerning the sales and service counter of a global athletic footwear and apparel brand’s flagship retail store.°
  • Negotiated a pre-litigation settlement of website accessibility claims asserted against a Fortune 500 manufacturing company, enabling the company to keep the matter confidential and avoid a publicly filed litigation.°
  • Negotiated the resolution of an ADA Title III litigation regarding the accessibility of a quick service restaurant chain’s mobile application and a related dispute with the company’s third party mobile application vendor.°
  • Counseled an investment firm regarding physical access issues arising under the ADA and Fair Housing Act as part of the firm’s due diligence for the acquisition of an apartment complex, resulting in an amendment to the purchase and sale agreement and a substantial monetary credit to the client.°
  • Surveyed a newly constructed restaurant for ADA access issues and provided related guidance and counseling to ensure legal compliance and mitigate the risk of potential claims.°
  • Guided a boutique hotel on the remediation of its website to ensure compliance with an ADA Title III regulation specific to reservation systems for places of lodging and resolved related litigation in federal court.°
  • Retained credentialed accessibility expert for technology company engaged in the manufacturing of robotics-based products and provided advice and counseling to ensure that the products complied with Title III of the ADA and the 2010 ADA Standards for Accessible Design.°
  • Represented a sports bar in response to a U.S. Department of Justice compliance review following a complaint that a patron’s service animal was unlawfully denied entry into the establishment.°
  • Counseled a hospital in response to a U.S. Department of Justice investigation involving a patient’s claim that the hospital failed to provide her with a sign language interpreter for her in-patient surgery in violation of the ADA’s requirement to provide auxiliary aids and services to ensure effective communication.°
  • Represented Blue Wolf Capital Partners, LLC and GCM Grosvenor, as joint sponsors, in connection with their acquisition of Hallcon Corporation from Canadian private equity firm Novacap. Hallcon is the leading North American provider of mission-critical transportation services and infrastructure for a broad range of customers including railroads, universities, airports, hospitals and healthcare systems, public transit, technology and industrial companies, and other large employers seeking custom transportation solutions.
  • Won motion to dismiss a former employee’s COVID-19-related failure to accommodate claim under the New Jersey Law Against Discrimination in New Jersey Superior Court following oral argument.°
  • Mediated and resolved a federal litigation against a publicly traded fine-casual restaurant chain involving 22 causes of action under state and federal laws based on allegations that the former employee was terminated because of his alleged disabilities, national origin, gender and prior military service, as well as in retaliation for allegedly objecting to unlawful and dangerous activity.°
  • Obtained the dismissal of an EEOC Charge of Discrimination filed by a room service cashier of a luxury Manhattan hotel who claimed that the hotel discriminated against her because of her sex, subjected her to a hostile work environment, and retaliated against her for engaging in protected activity in violation of Title VII of the Civil Rights Act of 1964.°
  • Mediated and resolved multiple employment discrimination and harassment claims against a not-for-profit organization and its chief executive officer for a fraction of the settlement demands, maintaining the confidentiality of the claims and averting publicly filed lawsuits.°
  • Second chaired a jury trial in New York State Supreme Court involving a former manager’s claim that a hospitality group failed to accommodate his disability and wrongfully terminated his employment in violation of the New York City Human Rights Law and New York State Human Rights Law, resulting in a settlement prior to verdict.°
  • Represented a grocery store chain in response to a U.S. Department of Labor investigation, resulting in no assessment of any financial penalties.°
  • Negotiated and secured federal court approval of a class and collective action settlement of wage and hour claims under the Fair Labor Standards Act and New York Labor Law brought by front-of-house tipped employees against a prominent hospitality group and its Michelin Star rated restaurant.°
  • Settled class action claims of approximately 3,000 employees and staffing agency workers against a boutique off-premise caterer concerning the alleged unlawful retention of service charges in violation of the New York Labor Law for a fraction of the potential liability through a “claims made” settlement structure that resulted in a low class member participation rate and individual allocation amount per class member.°  
  • Mediated and resolved a single plaintiff’s unpaid minimum wage and overtime claims under Fair Labor Standards Act and New York Labor Law, averting protracted and costly litigation for local restaurant with limited financial resources.°
  • Obtained the dismissal of a NLRB unfair labor practice charge filed by a server who claimed that a prominent New York City restaurant disciplined him in retaliation for engaging in alleged protected concerted activities and won the appeal of that decision to the NLRB Office of Appeals in Washington D.C.°
  • Secured the NLRB’s dismissal of an unfair labor practice charge filed by a metal finisher and foreperson against a facility maintenance service provider where the employee claimed that he was terminated in retaliation for having filed a grievance and participated in a related arbitration hearing.°
  • Obtained the withdrawal of a NLRB unfair labor practice charge alleging that a real estate investment and property management firm terminated a handyperson and a porter because they purportedly expressed an interest in being represented by a union.°
  • Drafted an employee handbook and other employment documents, including an offer letter, arbitration agreement, restrictive covenant agreement, and sales commission agreement, for a start-up company engaged in the sale of personal protective equipment and safety supplies.°
  • Conducted an investigation of several internal complaints made by a wellness advisor who worked at a dispensary of a publicly traded cannabis and medical marijuana company.°
  • Guided New York City restaurants concerning the termination and furlough of employees in response to the COVID-19 pandemic and prepared required WARN notices to employees pursuant to federal and state law.°

°The above representations were handled by Mr. Jendrewski prior to his joining Greenberg Traurig, LLP.

  • Law Clerk, National Football League Management Council, 2009-2010
  • Peggy Browning Fellow, Screen Actors Guild, 2009
  • Labor Relations Intern, Office of the Commissioner of Major League Baseball, 2008-2009
  • Judicial Intern, Hon. Denis R. Hurley, U.S. District Court for the Eastern District of New York, 2008
  • Labor Relations Trial Examiner, New York City Office of Collective Bargaining, 2011-2013

Recognition & Leadership

  • Listed, Super Lawyers magazine, New York Metro Super Lawyers, 2022
  • Team Member, a Law360 “Hospitality Practice Group of the Year,” 2021
  • Listed, Super Lawyers magazine, New York Metro Super Lawyers, “Rising Stars,” Employment & Labor Law, 2015-2020
  • Recent Alumni Leadership Award, Cornell ILR Alumni Association, 2012
  • First Place, Dr. Emanuel Stein Memorial Law Student Writing Competition, Labor and Employment Law Section of the New York State Bar Association, 2009
A description of the selection methodology for the above awards can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey or any other court or governmental entity.
  • Member, Labor and Employment Law Section, American Bar Association
  • Member, Labor and Employment Section, New York State Bar Association
  • Member, Board of Directors, Cornell ILR Alumni Association, 2005-2012, 2013-2019
  • Alumni Class President, Cornell University Class of 2005, 2005-2010

Credentials

Education
  • J.D., Brooklyn Law School, 2010

    Articles Editor, Journal of Corporate, Financial and Commercial Law

  • B.S., Cornell University, 2005
Admissions
  • New York
  • New Jersey
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the District of New Jersey