areas of expertise
Wendy Stryker is counsel to the Employment and Litigation Groups at Frankfurt Kurnit. She represents marketing services agencies, media companies, tech startups, and other sophisticated corporations and individual executives in New York State and Federal courts and before administrative agencies and self-regulatory organizations.
Ms. Stryker effectively plays the role of outside general counsel. She has extensive experience guiding media, advertising and publishing clients through sensitive matters, including hostile work environment claims, use of freelancers, and the application of child labor laws to child actors and models. She advises on a wide variety of day-to-day employment issues as they arise, including discrimination, employee classification, wage and hour, employee discipline, employee use of social media, background checks, interview questions, identity and work authorization issues, and requests for accommodations. She regularly performs on-site training for client staff and reviews and drafts agreements and policies, including handbooks, offer letters, non-disclosure agreements, restrictive covenants, and employment and severance agreements.
Ms. Stryker has also successfully handled litigation and administrative proceedings for executives and some of the world’s best-known marketing services agencies and sophisticated corporations. She recently settled — promptly and on good terms — a sex discrimination case brought by a former creative director against one of the world’s most famous advertising agencies. Her recent work also includes successfully defending an international company with offices in 20 states against employment-related allegations including age discrimination, disability discrimination, and sexual harassment, and successfully defending various employers against claims alleging breaches of restrictive covenants. Ms. Stryker has been interviewed by Forbes, Variety magazine and SiriusXM and has been quoted by The New York Post.
Ms. Stryker is a member of the Board of Directors of the New York Civil Liberties Union and is a member of the NYC Bar Association Labor and Employment Law Committee. She performs a significant amount of Pro Bono work, including recent successful representations of two New York City tenant advocacy groups, helping them to defeat on First Amendment grounds a landlord’s effort to ban their community service efforts. Prior to joining Frankfurt Kurnit Klein & Selz, Ms. Stryker was a law clerk to the Honorable Michael H. Dolinger, United States Magistrate Judge for the Southern District of New York. She is admitted to practice in New York.
University of Pennsylvania (BA, cum laude, 1990)
New York University School of Law (JD, 1996)
Upcoming Speaking Engagements
Designing Disruption: Legal Strategies for Emerging Companies in Fashion and Tech
The New York Fashion Tech Lab and Frankfurt Kurnit invite you to a workshop where we will focus on three key areas for early and growth stage companies: Financing, IP and Employment.
May 31 2017
Past Speaking Engagements
Wendy Stryker speaks at South by Southwest Interactive on “Employment Law Issues in the Virtual Workplace.”
March 13 2017
Third Annual Employment Law Institute of the New York City Bar Association
Wendy Stryker speaks on two panels at the Third Annual Employment Law Institute of the New York City Bar Association, Labor and Employment Committee: “The Virtual Workplace” and “Social Media and Employment Law.”
March 10 2017
Wendy Stryker speaks at SXSW 2016 on "#You'reFired@Work: Social Media & Employment Law" from 3:30 PM - 4:30 PM.
March 12 2016
ABA Labor & Employment Law Section Career Panel
Wendy Stryker presents at CUNY School of Law as part of the ABA Labor & Employment Law Section's Career Panel.
February 11 2016
Mastering Cyber Law, Cloud Computing, & Social Media Law CLE
May 27 2015
Social Media Compliance
Wendy Stryker and Hannah Taylor present "Social Media Compliance", a discussion on the major legal pitfalls when posting to social media, for the Association for Accounting Marketing – NY Chapter at Anchin Block & Anchin LLP in New York.
May 7 2015
The HNW Same Sex Family: Going Global Conference
Wendy Stryker participates in a panel on "Discrimination in the Workplace" at The HNW Same Sex Family: Going Global Conference in Brighton, U.K. The ABA Section of International Law and International Association of Young Lawyers sponsor the conference.
April 9 2015
Rules of the Road: Four Areas of Law Every Social Media Maven Should Know
February 25 2015
#You’reFired @Will: Social Media and Employment Law
Employees talk about everything on social media. Their supervisors. Their clients. The pitch they worked on all night. While many of these comments are harmless, some violate workplace rules or threaten company interests.
March 27 2014
Running Your Restaurant: Preventing Wage and Hours Claims by Employees in the Hospitality Industry
January 7 2014
Combating Workplace Disparity through Legislation
Wendy Stryker speaks on "Combating Workplace Disparity through Legislation" at the 2012 Women on the Move program at the Concierge Conference Center in New York.
October 30 2012
Hot Topics in Employment Law
June 7 2012
Association for Neighborhood Housing and Development
Wendy Stryker and the Urban Justice League present an anti-SLAPP training program for the Association for Neighborhood Housing and Development.
May 10 2011
Wendy Stryker Presents a CLE on Avoiding Liability in Hostile Work Environments
Wendy Stryker presents a CLE luncheon on how employers can avoid liability for hostile work environments, and for discrimination in hiring and other situations at the offices of Frankfurt Kurnit.
June 9 2010
news & press
Overtime Rule Hang-Up Requires Careful Communication About Pay Decisions
Federal Court Blocks Overtime Rules and New York Proposes a New Overtime Rule
A federal court in Texas has halted nationwide preparations for the new FLSA overtime rule set to go into effect on December 1, 2016. That rule raised the salary basis required to maintain federal overtime exemptions from $455 per week to $913 per week, and included a mechanism for automatically updating the salary limits every three years.
Court’s Decision on Overtime Rule Expected Soon
New York City Passes New Law Governing Freelance Workers
There's big news for employers with offices in New York City.
21 States File Emergency Motion to Bar FLSA Overtime Rule
Hurricane Damage Control: Piecing Together Time Records
Overtime Rule May Result in More Off-the-Clock Work
Thirty-nine Frankfurt Kurnit Attorneys Named “Super Lawyers” for 2016
Super Lawyers listed thirty-nine Frankfurt Kurnit attorneys in its 2016 edition.
SXSW Interactive 2016 Must Read Takeaways
Hospitality Industry Will Have to Weigh Options in Wake of Overtime Rule
New Trade Secrets Law Calls for Changes to Handbooks and Certain Employment Agreements
As we noted in an alert last week, the Defend Trade Secrets Act of 2016 ("DTSA") creates a private right of action to sue in federal court for trade secret misappropriation, and provides for remedies including actual damages and attorneys' fees.
SirusXM Morning Briefing Covers the New Federal Overtime Rules
Wendy Stryker appeared on SiriusXM’s Morning Briefing with Tim Farley, where she discussed the new federal overtime rules and how those rules will affect media, entertainment and hospitality industry businesses. Listen to the six-minute interview here.
Get Ready Now For New Overtime Rules
Important changes to federal overtime rules are right around the corner.
Get Ready for New Minimum Wage and Family Leave Law Changes in New York
On April 4, 2016, Governor Cuomo signed into law amendments to the New York Labor and Workers' Compensation laws that raised the New York State hourly minimum wage to $15, and provided for paid-family-leave time for most employees. For some New York businesses, the first deadline for compliance is December 31, 2016.
Year-end Compliance: NYC Requires Certain Employers to Offer Transit Benefits
New York City's Commuter Benefits Law takes effect on January 1, 2016. Under the law, for-profit and nonprofit employers with 20 or more full-time non-union employees working in New York City must offer their full-time employees the opportunity to use pre-tax income to purchase qualified transportation fringe benefits.
New New York Law Expands Liability for Non-Payment of Wages
Here's some important news for persons owning interests in companies operating in New York that are registered in other states.
New Legal Rules for Unpaid Internship Programs
Your summer interns have only just arrived - and, as you may have heard, the law governing classification of interns has changed.
Workplace Protection Remains Biggest Issue Facing Same-Sex Couples
Can You Require Your Employees To Be On Facebook?
Here’s Why Employees Can Trash Their Bosses On Social Media
Can An Employee’s LinkedIn Account Affect Trade Secret Protection?
If your company safeguards its trade secrets but encourages employee social media use, you may want to review the recent California federal court decision in Cellular Accessories for Less, Inc. v. Trinitas LLC.
10 Job Interview Questions that Could Land You in Legal Trouble
Blouin Files Counterclaim to Ex-employees’ Backpay Suit
NYC Law Now Protects Interns Against Workplace Discrimination
Last week, New York City Mayor Bill de Blasio signed a bill amending the New York City Human Rights Law to provide that interns are now protected from workplace discrimination and harassment.
Earned Sick Time Act
On Wednesday February 26th, the New York City Council voted 46-to-5 to expand the Earned Sick Time Act that is scheduled to go into effect on April 1, 2014. Under the amended law, all businesses with at least five employees (or one domestic worker) must provide workers with five paid sick days a year.
Minimum Wage Increases and Reminders of Changes for the New Year for New York Employers
For those employers covered by New York's new Hospitality Wage Order, tip credit rules are also changing effective December 31, 2013.
Federal Court Says Supervisors May Participate in Tip Sharing
On November 21, 2013, the Second Circuit in New York issued a decision in Barenboim v. Starbucks, interpreting § 196-d of New York's Labor Law, which prohibits an employer, his or her agent or an officer of a corporation from retaining any part of a gratuity.
Legal Requirements for Working with Child Models
On October 21, New York State passed a new child labor law. This law adds print and runway models under the age of 18 to the definition of "child performers" protected by the New York Labor Law.
Monitoring Employee E-mails
E-mail can be powerful evidence in a dispute, and whether employers and criminal investigators may use employee e-mail in litigation proceedings is a hot topic. A recent New York federal court decision outlined the current law in this area.
Hiring: New Law Protects Unemployed Job Applicants
Beginning June 11, 2013, a new New York City law aims to prohibit employers from basing hiring decisions on an applicant's unemployment status. The new law, which amends the New York City Human Rights Law, also bars job advertisements that require applicants to be employed. New York City employers should note the change in the law and take steps to ensure their hiring policies and procedures are in compliance. Here's a summary.
New I-9 Forms Take Effect May 8
On March 8, 2013, the U.S. Citizenship and Immigration Services published a revised Form I-9 for use in verifying employment eligibility.
When Do Writers Fall Within the FLSA “Creative” Exemption?
The Fair Labor Standards Act (FLSA) establishes minimum wage and overtime pay standards for employees. How you classify employees under the FLSA is critical: there's a lot of money involved, and a mistake can lead to audits, class action lawsuits, and unnecessary expense. Two recent cases have focused on an especially difficult area of classification law - the so-called "creative professional exemption." It's an area of particular import for owners and managers in creative industries.
Same-Sex Harassment Claim Will Go to Trial
Plaintiffs alleging sex discrimination in cases of same-sex harassment often have a more difficult row to hoe than plaintiffs complaining of opposite-gender harassment. For example, employers have sometimes been able to dismiss same-sex sexual harassment claims by arguing the offending words or actions did not express actual sexual desire or arise from perceived sexual orientation. But these arguments do not always work, as a New York employer learned this week.
How to Reduce the Risk of Sexual Harassment in Your Workplace
News that the Republican presidential candidate Herman Cain once settled charges of sexual harassment has once again placed this complicated issue in the public eye.
Wendy Stryker Featured in CFOZone.com on NLRB Matter
CFOZone.com featured Wendy Stryker in an article about a recently filed complaint by the NLRB against an ambulance company, American Medical Response of Connecticut, which said that the firm illegally fired an employee for comments she made on Facebook.
NLRB Puts Social Media Policies Under Scrutiny
While an innovative social media campaign can be a great boon to business, corporate America is becoming increasingly aware of the inherent dangers of social media as well. In particular, employees' statements about employers on personal Facebook, Twitter and other social media accounts have the potential to cause a company a PR nightmare, or even subject a company to litigation.
Employee or Independent Contractor: Are You Classifying Employees Correctly?
Employee "misclassification" is in the news and on the radar of law enforcement agencies. As the New York Times recently reported, federal and state officials are increasing their focus on businesses that "misclassify" employees as "independent contractors."
Anti-SLAPP Ruling Cheers Tenant Advocates
City Limits Weekly quoted Wendy Stryker in an article, "Anti-SLAPP Ruling Cheers Tenant Advocates", about Frankfurt Kurnit client Northwest Bronx Community and Clergy Coalition's victory in a landlord-tenant dispute implicating important first amendment rights.