Scott Horton
4955 Chestnut Ridge Rd.
Suite 203
Orchard Park, NY 14127
(716) 508-7748
In my labor and employment law practice, I only represent management. Employees are a great asset. But with a host of laws and regulations that affect the employment relationship, managing them is not always an easy task. Whether in taking precautions before problems occur or dealing with them when they do, my goal is to work with you to obtain the best outcome for your organization.
With more than a decade of experience advising nearly 400 employers, I have dealt with many employee problems. I have also developed numerous efficient and effective solutions to routine employment matters.
As a dedicated management lawyer, I like to find the practical approach that will have the most favorable impact your bottom line. This often means preventing problems before they occur. But if we need to go to court to defend your business, I’ll be there. I also represent employers in arbitration, mediation, administrative hearings, and governmental investigations involving employee matters.
You can get a better sense of my approach through my book, New York Management Law: The Practical Guide to Employment Law for Business Owners and Managers. I also speak frequently on a wide range of labor and employment law issues.
I have also served as school attorney for a public school district since 2013, advising on a broad range of staff, student, and other New York Education Law matters.
Representative Matters:
Here are some of the ways I have been able to help clients in the past:
- Obtained dismissal of administrative complaints alleging religious discrimination based on termination of employment for failure to comply with New York State’s healthcare worker COVID-19 vaccination mandate
- Prevailed in contract interpretation arbitration cases overcoming past-practice arguments and resulting in significant cost savings to public employers
- Successfully defended a prominent non-profit organization in two appeals by the same former employee before the U.S. Court of Appeals for the Second Circuit
- Advised owners in mediation with employee/co-owner resulting in the transfer of full ownership to my clients
- Won dismissal of a wrongful termination claim against a hospital in a federal court action that also included a breach of duty of fair representation claim against the employee’s union
- Obtained a decision in favor of the employer following arbitration over long-time employee’s statutory claims of age discrimination and interference with protected employment retirement rights
- Successfully represented a manufacturing company in a New York State Division of Human Rights hearing, obtaining dismissal of a former employee’s race and religion discrimination claims
- Obtained discharge of a teacher as the remedy for misconduct towards students following an Education Law § 3020-a hearing
- Achieved dismissal of a former employee’s Article 78 state court proceeding challenging a school district’s elimination of his position
- Secured dismissal by the U.S. District Court for the Western District of New York of a former employee’s race and sex discrimination claims against a large hospitality company
- Won summary judgment from a New York State Supreme Court confirming that a municipality was not bound by an employment contract beyond the term of its elected board
- Obtained a favorable decision from a Public Employment Relations Board Administrative Law Judge holding that a public authority did not have an obligation to bargain over its approach to employee absences due to a significant inclement weather event
Publications:
Here are some of the articles I have written or been referenced in:
- Quoted in “Alcoholism At Work Poses Legal Minefield For Employers,” Law360 Employment Authority, 11/28/22
- Mentioned in “‘You’ve Got to Worry’: Legal Departments Struggle to Sidestep EEOC Retaliation Claims,” Corporate Counsel, 11/21/22
- Quoted in “Attorney brings firm back to ‘growth mode’ following pandemic challenges,” Buffalo Business First, 11/11/22
- Cited in “Big Labor Traps Workers in Unions They Oppose,” Newsweek, 9/5/22
- Quoted in “EEOC Sex Harassment Claims Waned After #MeToo Spike,” Law360 Employment Authority, 5/2/22
- Quoted in “House Passes PRO Act bill that includes ABC test,” Modern Shipper, 3/9/21
- Quoted in “The Future of Work: Exploring the Post-Pandemic Workplace from an Employment Law and Human Resources Perspective,” 21 U.C. Davis Bus. L.J. 257 (2020-2021)
- Quoted in “Can employers require Covid-19 vaccinations? And other things you need to know,” Buffalo Business First, 12/22/20
- Quoted in “Getting back to work will spark new legal requirements,” Buffalo Business First, 4/15/20
- Quoted in “Workplace harassment and bullying: what to watch for and how to address it,” Buffalo Business First, 9/16/19
- Interviewed in “Sexual harassment regulations remain a focus for employment law,” Buffalo Law Journal, 5/20/19
- Mentioned in “NYS Paid Family Leave updates for 2019,” Newsday, 1/20/19
- Quoted in “Getting started: Attorneys pair up to build a practice,” Buffalo Law Journal, 11/12/18
- Quoted in “Sound Off: Paid Family Leave,” Buffalo Business First, 10/26/18
- “Federal Tax Reform Says #MeToo,” American Bar Association’s GPSolo eReport, Feb. 2018 (Featured Article)
- Quoted in “For smaller law firms, cybersecurity a biggie from the get-go,” Buffalo Business First, 1/8/18
- Quoted in “Mandatory Retirement: What You Need to Know,” Ebix – Thought Leadership in Action, 11/28/17
- Quoted in “Horton sets out on his own with law office in Southtowns,” Buffalo Law Journal, 7/11/17
- Quoted in “Management lawyer opens solo practice in OP,” Orchard Park Bee, 7/6/17
- Quoted in “Fantasy sports invade the office,” Buffalo Business First, 10/28/16
- Quoted in “Recreational activities in the workplace face increasing scrutiny by employers,” Buffalo Law Journal, 10/27/16
- Quoted in “New overtime pay rules force changes for employers,” Buffalo Business First, 7/1/16
- Quoted in “Minimum wage boost could change business model”, Buffalo Law Journal, 8/3/15
- Quoted in “Restaurant industry takes brunt of wage hike”, Buffalo Law Journal, 2/23/15
- Quoted in “Summer heats up as interns look to learn the ropes”, Buffalo Law Journal, 6/30/14
- Quoted in “Employers weigh impact of social media on hiring”, Buffalo Law Journal, 3/18/13
- Quoted in “Who really owns ‘your’ social media accounts?”, Buffalo Business First, 1/18/13
- Quoted in “Social-media ownership still a gray area”, Buffalo Law Journal, 12/13/12
- Quoted in “Facebook access in play for prospective employers”, Buffalo Business First, 4/6/12
- Quoted in “Facebook access in play for employers”, Buffalo Law Journal, 4/5/12
- Quoted in “Media-savvy attorneys go social”, Buffalo Business First, 3/16/12
- Featured and quoted in “In The Spotlight”, Buffalo Business First, 2/24/12
- Quoted in “Is there money to be made in social media?”, Buffalo Law Journal, 2/20/12
- Quoted in “Employee handbooks should address social networks”, Buffalo Business First, 5/6/11
- “Evolving technology creates challenges”, Buffalo Business First, 3/18/11
- “Risks and Rewards Substantial for Social Media Users”, Buffalo Law Journal, 3/14/11
- Quoted in “As social networks grow, company policies critical”, Buffalo Law Journal, 3/14/11
- Quoted in “Firms seek to control new means of recruiting, client contact”, The Buffalo News, 1/30/11
I welcome inquiries from media seeking comment from a Management Lawyer on labor and employment matters of general interest. Call (716-508-7748) or email me to arrange an interview.
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