Andrew L. Zwerling

Partner/Director
Andrew Zwerling

Andrew L. Zwerling

Partner/Director

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Andrew Zwerling is the Chair of Garfunkel Wild’s Litigation and Alternative Dispute Resolution Practice Group. As an experienced litigator with over 40 years as a trial and appellate lawyer in State and Federal courts, including his successful argument before the United States Supreme Court, Andrew is known as an innovative, creative troubleshooter and problem solver. He specializes in employment law, health care law (including OPMC defense), and commercial litigation, and has worked on litigations valued as much as over $120 million. He also conducts internal investigation for clients relating to sexual harassment and other personnel issues. Andrew is also active as an arbitrator and a mediator.

A prolific legal writer, Andrew has dozens of publications covering a range of subjects, including employment law and litigation. As an active lecturer, he has conducted presentations on myriad subjects in New York and Connecticut, including sexual harassment, responding to employee discipline problems, leadership responsibilities of management, disruptive physicians and restrictive covenants in employment agreements.

Prior to joining the firm, Andrew spent 17 years as a prosecutor, serving as an Executive Assistant District Attorney with the Queens County District Attorney’s Office. There he prosecuted numerous high-profile felony cases, served as the Equal Employment Opportunity Officer, handled sensitive internal sexual harassment investigations and managed a staff of up to 150.

  • Successful defense of a physician accused of sexually assaulting a patient during a post-operative orthopedic examination that was surreptitiously recorded by the patient.
  • Successful defense in discrimination case brought by physician against a hospital following his termination.
  • Successful defense of sellers of adult homes in $120 million lawsuit.
  • Successful defense in $15 million claim brought by computer services vendor against Hospital.
  • Prosecuted case resulting in multi-million dollar recovery by hospital against managed care company based upon dispute over rate reimbursement.
  • Successful defense of managed long term care entity in lawsuit brought by vendors of nursing home facility.
  • Successful defense of anesthesia practice in multi-million litigation brought by terminated partner.

September 22, 2023|Firm News

Garfunkel Wild Attorneys Recognized as 2023 Super Lawyers and Rising Stars

Garfunkel Wild attorneys have once again been selected by their peers for inclusion in the 2023 edition of Super Lawyers.

September 29, 2022|Awards

33 Garfunkel Wild Attorneys Named 2022 New York Super Lawyers and Rising Stars

Thirty-Three Garfunkel Wild attorneys were selected by their peers for inclusion in 2022 New York Metro Super Lawyers, and 2022 New York Metro/Upstate New York Rising Stars.

September 30, 2021|Awards

Thirty-Six Garfunkel Wild Attorneys Named 2021 New York Super Lawyers and Rising Stars

Thirty-Six Garfunkel Wild attorneys were selected by their peers for inclusion in 2021 New York Metro Super Lawyers, and 2021 New York Metro/Upstate New York Rising Stars.

May 21, 2021|Firm News

Garfunkel Wild Launches Cannabis Law Practice Group

Garfunkel Wild, P.C., a premier law firm with a specialty in health law, is pleased to announce the formal launch of the firm’s multi-disciplinary Cannabis Law Practice Group to help clients navigate the rapidly evolving cannabis landscape and conflicting federal, state, and local laws and regulations.

October 28, 2020|Awards

Thirty-Six Garfunkel Wild Attorneys Named 2020 New York Super Lawyers and Rising Stars

Thirty-Six Garfunkel Wild attorneys were selected by their peers for inclusion in 2020 New York Metro Super Lawyers, and 2020 New York Metro/Upstate Rising Stars.

September 13, 2019|Awards

Thirty-Four Garfunkel Wild Attorneys Named 2019 New York Super Lawyers and Rising Stars

Thirty-Four Garfunkel Wild attorneys were selected by their peers for inclusion in 2019 New York Metro Super Lawyers, and 2019 New York Metro Rising Stars.

October 24, 2024|Firm News

36 Garfunkel Wild Attorneys Recognized as 2024 Super Lawyers, Rising Stars

Super Lawyers has recognized 36 Garfunkel Wild Attorneys across a range of the firm’s practice areas to the 2024 Super Lawyers and Rising Stars list.

October 9, 2024|Events

WCMS Webinar: Best Practices For Enhancing Employee Engagement And Minimizing Risk And Liability

Andrew Zwerling and Marianne Monroy will co-present "Best Practices for Enhancing Employee Engagement and Minimizing Risk and Liability" at the Westchester County Medical Society's CME Webinar.

September 17, 2024|Events

Your Employment Agreement: How to Best Protect You, Your Practice and Your Patients

Garfunkel Wild's Barry Cepelewicz, M.D. and Andrew Zwerling, will present "Your Employment Agreement: How to Best Protect You, Your Practice and Your Patients" at the Westchester County Medical Society Webinar on Wednesday, September 18, 2024. 

July 30, 2024|Events

Ensuring Compliance: The Legal and Practical Importance of Accurate Job Descriptions

Garfunkel Wild’s Andrew Zwerling and Harpreet Kaur will host a webinar addressing the legal and practical implications of job descriptions.

May 23, 2024|Events

AJMA Webinar – Navigating Anti-Semitism at Work

Garfunkel Wild’s Andrew Zwerling and Lauren Levine will address some of the employment issues that physicians and medical students should be aware of regarding navigating anti-Semitism at work.    

May 8, 2024|Events

Managing the Remote Workforce: Employer Best Practices and Legal Considerations

 Join Andrew Zwerling and Lauren Levine as they address some of the common issues that employers encounter with remote employees and best practices for addressing these issues as the growing trend of telecommuting continues.

April 9, 2024|Publications

Employment Law Q&A

Garfunkel Wild’s Employment and Workforce Management attorneys are ready to answers all of your labor and employment law questions in our new Q&A series. 

April 4, 2024|Events

ADA’s Reasonable Accommodation: Compliance Tips for Employers

Join Andrew Zwerling, and Marianne Monroy as they help employers understand their legal obligations concerning disability accommodations, appropriate medical documentation, and how to engage in the required interactive dialogue with an employee before making an accommodation decision. 

March 12, 2024|Events

Conducting a Proper Employee Performance Evaluation

Join Garfunkel Wild’s Andrew L. Zwerling and Salvatore Puccio as they provide practical guidance on how to create a company-wide evaluation system and guidance on best practices for delivering positive and difficult messages to staff. 

February 6, 2024|Events

Protect Your New York Medical License: Critical Safeguards When Responding To The OPMC

Join Garfunkel Wild’s Andrew L. Zwerling and Lauren Levine as they explore OPMC investigations and discuss the OPMC process including how to respond to an OPMC notice, and crucial steps to prepare for an OPMC interview. 

January 9, 2024|Events

Conducting Employment Internal Investigations

Join Garfunkel Wild’s Andrew L. Zwerling and Marianne Monroy as they cover an overview of workplace investigations, preparing for the investigation, witness interviewing techniques, and record-keeping and documentation. 

December 13, 2023|Events

Managing Employee Social Media Use & Best Practices for Imposing Discipline

Join Marianne Monroy and Andy Zwerling as they discuss the legal and practical considerations of determining when a private employer may discipline an employee for their social media activities, and what appropriate disciplinary actions employers can consider.

November 29, 2023|Events

Best Practices for Terminating an Employment Relationship

Join Andrew L. Zwerling and Salvatore Puccio as they walk you through common oversights and provide practical guidance to help streamline your termination process, including the “dos and don’ts” you will want to follow once you decide to proceed with the termination.

April 20, 2023|Events

Fairfield County Medical Association Webinar – The FTC’S Proposed Ban on Non-Competes: What Does It Mean?

Garfunkel Wild’s Barry B. Cepelewicz and Andrew L. Zwerling will present at Fairfield County Medical Association’s Webinar “The FTC’S Proposed Ban on Non-Competes: What Does It Mean?” on April 20, 2023.

March 30, 2023|Podcasts

The FTC’s Proposed Ban on Non-Competes – What Does It Mean?

On January 5, 2023, the Federal Trade Commission (“FTC”) announced and released a notice of proposed rulemaking (NPRM) to prohibit employers from entering into non-competes with workers, including independent contractors. 

November 4, 2022|Publications

Protect Your Medical License: Use Certified Coders to Help Ward Off Licensure Sanctions

There has been a steady trend of increased scrutiny by governmental agencies responsible for investigating complaints against physicians and for prosecuting acts of professional misconduct by physicians, including the coding and billing practices of physicians.  All practitioners should be aware that billing improprieties may constitute a form of professional misconduct that such agencies may rely […]

October 25, 2022|Events

Garfunkel Wild’s 9th Annual ASC & Healthcare Management Symposium

Garfunkel Wild is pleased to present the 9th Annual ASC & Healthcare Management Complimentary Virtual Symposium on October 25, 2022.

March 10, 2022|Events

Garfunkel Wild Webinar – No One Showed at the Office Today: Challenges and Best Practices for Employers Confronting a Remote Workforce

Garfunkel Wild’s Andrew Zwerling and Lauren Levine will present the webinar “No One Showed At The Office Today: Challenges and Best Practices for Employers Confronting a Remote Workforce? on March 10, 2022.

December 8, 2021|Events

Garfunkel Wild Webinar – Understanding and Avoiding Claims Under the Americans with Disabilities Act

Garfunkel Wild’s Andrew Zwerling and Kevin Donoghue will present the webinar “Understanding and Avoiding Claims Under the Americans With Disabilities Act? on December 8, 2021.

June 29, 2021|Events

Garfunkel Wild Webinar – Legalized Medical and Recreational Marijuana: Navigating the Ever-Shifting Landscape for Employers

Garfunkel Wild’s Andrew Zwerling and Salvatore Puccio  will present the webinar “Legalized Medical and Recreational Marijuana: Navigating The Ever-Shifting Landscape For Employers” on June 29, 2021.

June 12, 2020|Events

Garfunkel Wild Webinar – Returning to Work in the COVID-Era: Employee Issues, What to Expect and How to Prepare

Garfunkel Wild’s Andrew Zwerling, Marianne Monroy, Salvatore Puccio and Lauren Levine will present the webinar “Returning to Work in the COVID-Era: Employee Issues, What to Expect and How to Prepare” on June 12, 2020.

May 4, 2020|Events

Garfunkel Wild Webinar – The Enforceability of Employment Contracts During The COVID-19 Pandemic

Garfunkel Wild Andrew L. Zwerling will present the webinar  “The Enforceability of Employment Contracts During The COVID-19 Pandemic” on May 4, 2020.

April 20, 2020|Events

Garfunkel Wild Webinar – An Employer’s Practical Guide To Facing Day-To-Day Coronavirus Challenges

Garfunkel Wild’s Andrew Zwerling, Marianne Monroy, Salvatore Puccio, and Lauren Levine will present the webinar  “An Employer’s Practical Guide To Facing Day-To-Day Coronavirus Challenges” on April 20, 2020.

March 30, 2020|Events

Garfunkel Wild Webinar – Navigating A Murky Landscape: An Employer’s Guide To Responding To The Challenges of COVID-19

Garfunkel Wild’s Andrew Zwerling, Marianne Monroy, Salvatore Puccio, and Lauren Levine will present the webinar  “Navigating A Murky Landscape: An Employer’s Guide To Responding To The Challenges of COVID-19” on March 30, 2020.

April 4, 2019|Events

Hudson Valley Annual Institute 2019

Andrew l. Zwerling, Marianne Monroy and Salvatore Puccio will present at the Hudson Valley Annual Institute on April 4, 2019.

Additional speaking & writing

Speeches and Events

  • “Wage & Hour Legal Considerations In Returning To The Office,” Thomson Reuters Podcast, July 2020
  • The Questionable Enforcement of Employment Contracts During The COVID-19 Pandemic,” May 4, 2020
  • “An Employer’s Practical Guide To Facing Day-To-Day Coronavirus Challenges,” April 24, 2020
  • “Navigating A Murky Landscape: An Employer’s Guide To Responding To The Challenges of COVID-19,” March 30, 2020
  • “New York’s Medical Marijuana Program: Issues Confronting Employers,” Medical Society of the State of New York, February 2020
  • “New York’s Medical Marijuana Program: The Role and Obligations of Registered Practitioners, The Obligations of Certified Patients, The Role and Obligations of Registered Organizations, The Role and Obligations of Registered Organizations and Compliance Issues Confronting Participants in the Program ” Medical Society of the State of New York, February 2020
  • Sexual Harassment In The Medical Profession, Fairfield County Medical Association and Hartford County Medical Assocation, February 4, 2020
  • New York State Bar Association Annual Meeting 2019, Health Law Section: “The MSSNY/OPMC Relationship,” January 16, 2019
  • Sexual Harassment “Train the Trainers Webinar: The Impact on the Healthcare System and the Medical Profession, Medical Society of the State of New York, March 20, 2019
  • Hudson Valley Chapter HFMA Annual Institute, “Importance of Employee Engagement and Top Trending HR Issues For All Employers,” April 4, 2019
  • Medical Society of the State of New York, Sexual Harassment Awareness and Prevention in the Workplace, July 17, 2019.
  • ADP New Age Workplace Compliance Lunch and Learn: Employment Law Bootcamp, June 7, 2018

Publications

  • “A Patient Just Sexually Harassed An Employee Of My Practice: What Can I Do?”, Medical Society Of The State Of New York News Of New York, June 2019
  • “Dear New York Medical Marijuana Attorney: Who Is A Qualified Patient Under New York’s Medical Marijuana Program?”, Medical Society Of The State Of New York News Of New York, June 2019
  • “Practitioners Gone to Pot: New York’s Medical Marijuana Program and the Role and Obligations of Registered Practitioners,” Nassau Lawyer, June 2019.
  • “Did New York State Recently Impose New Obligations On All Employers Relating To Sexual Harassment, Even If The Employer Merely Has One Employee?” Medical Society Of The State Of New York News Of New York, June 2018
  • “How To Handle The Under-Performing Employee In Your Medical Practice: Documentation, An Invaluable Cost-Containment Safeguard,” Medical Society Of The State Of New York News Of New York, (scheduled for publication, June 2018)
  • “What to Do When the OPMC Comes Knocking,” Medical Society Of The State Of New York News Of New York, March 2018
  • “What Is That Ticking Financial Bomb In Your Medical Profession? The Misclassification of An Employee as Exempt From Overtime Laws,” Medical Society Of The State Of New York News Of New York, February 2018
  • “Who Is Your “Harvey Weinstein’?: The High Cost Of Letting Sexual Harassment Go Unchecked In The Medical Profession,” Medical Society Of The State Of New York News Of New York, January 2018.
  • “Implementing the Mandates Imposed on Covered Entities By Section 1557 of the ACA,” Co-Author, Law Journal Newsletters, February 2017
  • “Section 1557 of the Affordable Care Act: A New Frontier in Prohibiting Discrimination in Health Care Programs,” Connecticut Law Tribune, December 19, 2016
  • “Medical Staff Leadership Responsibilities and The Issue of Disruptive Physicians,” Medical Malpractice Law & Strategy, November 2016
  • “Implications of Raising the Overtime Salary Threshold,” Connecticut Law Tribune, October 28, 2015
  • “How An Employee Manual Can Help Control Risk and Contain Cost,” Medical Economist, January 10, 2015

 

Andrew Zwerling is the Chair of Garfunkel Wild’s Litigation and Alternative Dispute Resolution Practice Group. As an experienced litigator with over 40 years as a trial and appellate lawyer in State and Federal courts, including his successful argument before the United States Supreme Court, Andrew is known as an innovative, creative troubleshooter and problem solver. He specializes in employment law, health care law (including OPMC defense), and commercial litigation, and has worked on litigations valued as much as over $120 million. He also conducts internal investigation for clients relating to sexual harassment and other personnel issues. Andrew is also active as an arbitrator and a mediator.

A prolific legal writer, Andrew has dozens of publications covering a range of subjects, including employment law and litigation. As an active lecturer, he has conducted presentations on myriad subjects in New York and Connecticut, including sexual harassment, responding to employee discipline problems, leadership responsibilities of management, disruptive physicians and restrictive covenants in employment agreements.

Prior to joining the firm, Andrew spent 17 years as a prosecutor, serving as an Executive Assistant District Attorney with the Queens County District Attorney’s Office. There he prosecuted numerous high-profile felony cases, served as the Equal Employment Opportunity Officer, handled sensitive internal sexual harassment investigations and managed a staff of up to 150.

  • Successful defense of a physician accused of sexually assaulting a patient during a post-operative orthopedic examination that was surreptitiously recorded by the patient.
  • Successful defense in discrimination case brought by physician against a hospital following his termination.
  • Successful defense of sellers of adult homes in $120 million lawsuit.
  • Successful defense in $15 million claim brought by computer services vendor against Hospital.
  • Prosecuted case resulting in multi-million dollar recovery by hospital against managed care company based upon dispute over rate reimbursement.
  • Successful defense of managed long term care entity in lawsuit brought by vendors of nursing home facility.
  • Successful defense of anesthesia practice in multi-million litigation brought by terminated partner.

March 30, 2023

The FTC’s Proposed Ban on Non-Competes – What Does It Mean?

On January 5, 2023, the Federal Trade Commission (“FTC”) announced and released a notice of proposed rulemaking (NPRM) to prohibit employers from entering into non-competes with workers, including independent contractors. 

April 9, 2024

Employment Law Q&A

Garfunkel Wild’s Employment and Workforce Management attorneys are ready to answers all of your labor and employment law questions in our new Q&A series. 

May 23, 2024

AJMA Webinar – Navigating Anti-Semitism at Work

Garfunkel Wild’s Andrew Zwerling and Lauren Levine will address some of the employment issues that physicians and medical students should be aware of regarding navigating anti-Semitism at work.    

April 4, 2024

ADA’s Reasonable Accommodation: Compliance Tips for Employers

Join Andrew Zwerling, and Marianne Monroy as they help employers understand their legal obligations concerning disability accommodations, appropriate medical documentation, and how to engage in the required interactive dialogue with an employee before making an accommodation decision. 

March 12, 2024

Conducting a Proper Employee Performance Evaluation

Join Garfunkel Wild’s Andrew L. Zwerling and Salvatore Puccio as they provide practical guidance on how to create a company-wide evaluation system and guidance on best practices for delivering positive and difficult messages to staff. 

February 6, 2024

Protect Your New York Medical License: Critical Safeguards When Responding To The OPMC

Join Garfunkel Wild’s Andrew L. Zwerling and Lauren Levine as they explore OPMC investigations and discuss the OPMC process including how to respond to an OPMC notice, and crucial steps to prepare for an OPMC interview. 

January 9, 2024

Conducting Employment Internal Investigations

Join Garfunkel Wild’s Andrew L. Zwerling and Marianne Monroy as they cover an overview of workplace investigations, preparing for the investigation, witness interviewing techniques, and record-keeping and documentation. 

December 13, 2023

Managing Employee Social Media Use & Best Practices for Imposing Discipline

Join Marianne Monroy and Andy Zwerling as they discuss the legal and practical considerations of determining when a private employer may discipline an employee for their social media activities, and what appropriate disciplinary actions employers can consider.

November 29, 2023

Best Practices for Terminating an Employment Relationship

Join Andrew L. Zwerling and Salvatore Puccio as they walk you through common oversights and provide practical guidance to help streamline your termination process, including the “dos and don’ts” you will want to follow once you decide to proceed with the termination.

May 8, 2024

Managing the Remote Workforce: Employer Best Practices and Legal Considerations

 Join Andrew Zwerling and Lauren Levine as they address some of the common issues that employers encounter with remote employees and best practices for addressing these issues as the growing trend of telecommuting continues.

July 30, 2024

Ensuring Compliance: The Legal and Practical Importance of Accurate Job Descriptions

Garfunkel Wild’s Andrew Zwerling and Harpreet Kaur will host a webinar addressing the legal and practical implications of job descriptions.

April 20, 2023

Fairfield County Medical Association Webinar – The FTC’S Proposed Ban on Non-Competes: What Does It Mean?

Garfunkel Wild’s Barry B. Cepelewicz and Andrew L. Zwerling will present at Fairfield County Medical Association’s Webinar “The FTC’S Proposed Ban on Non-Competes: What Does It Mean?” on April 20, 2023.

November 4, 2022

Protect Your Medical License: Use Certified Coders to Help Ward Off Licensure Sanctions

There has been a steady trend of increased scrutiny by governmental agencies responsible for investigating complaints against physicians and for prosecuting acts of professional misconduct by physicians, including the coding and billing practices of physicians.  All practitioners should be aware that billing improprieties may constitute a form of professional misconduct that such agencies may rely […]

October 25, 2022

Garfunkel Wild’s 9th Annual ASC & Healthcare Management Symposium

Garfunkel Wild is pleased to present the 9th Annual ASC & Healthcare Management Complimentary Virtual Symposium on October 25, 2022.

March 10, 2022

Garfunkel Wild Webinar – No One Showed at the Office Today: Challenges and Best Practices for Employers Confronting a Remote Workforce

Garfunkel Wild’s Andrew Zwerling and Lauren Levine will present the webinar “No One Showed At The Office Today: Challenges and Best Practices for Employers Confronting a Remote Workforce? on March 10, 2022.

December 8, 2021

Garfunkel Wild Webinar – Understanding and Avoiding Claims Under the Americans with Disabilities Act

Garfunkel Wild’s Andrew Zwerling and Kevin Donoghue will present the webinar “Understanding and Avoiding Claims Under the Americans With Disabilities Act? on December 8, 2021.

June 29, 2021

Garfunkel Wild Webinar – Legalized Medical and Recreational Marijuana: Navigating the Ever-Shifting Landscape for Employers

Garfunkel Wild’s Andrew Zwerling and Salvatore Puccio  will present the webinar “Legalized Medical and Recreational Marijuana: Navigating The Ever-Shifting Landscape For Employers” on June 29, 2021.

June 12, 2020

Garfunkel Wild Webinar – Returning to Work in the COVID-Era: Employee Issues, What to Expect and How to Prepare

Garfunkel Wild’s Andrew Zwerling, Marianne Monroy, Salvatore Puccio and Lauren Levine will present the webinar “Returning to Work in the COVID-Era: Employee Issues, What to Expect and How to Prepare” on June 12, 2020.

May 4, 2020

Garfunkel Wild Webinar – The Enforceability of Employment Contracts During The COVID-19 Pandemic

Garfunkel Wild Andrew L. Zwerling will present the webinar  “The Enforceability of Employment Contracts During The COVID-19 Pandemic” on May 4, 2020.

April 20, 2020

Garfunkel Wild Webinar – An Employer’s Practical Guide To Facing Day-To-Day Coronavirus Challenges

Garfunkel Wild’s Andrew Zwerling, Marianne Monroy, Salvatore Puccio, and Lauren Levine will present the webinar  “An Employer’s Practical Guide To Facing Day-To-Day Coronavirus Challenges” on April 20, 2020.

March 30, 2020

Garfunkel Wild Webinar – Navigating A Murky Landscape: An Employer’s Guide To Responding To The Challenges of COVID-19

Garfunkel Wild’s Andrew Zwerling, Marianne Monroy, Salvatore Puccio, and Lauren Levine will present the webinar  “Navigating A Murky Landscape: An Employer’s Guide To Responding To The Challenges of COVID-19” on March 30, 2020.

April 4, 2019

Hudson Valley Annual Institute 2019

Andrew l. Zwerling, Marianne Monroy and Salvatore Puccio will present at the Hudson Valley Annual Institute on April 4, 2019.

September 17, 2024

Your Employment Agreement: How to Best Protect You, Your Practice and Your Patients

Garfunkel Wild's Barry Cepelewicz, M.D. and Andrew Zwerling, will present "Your Employment Agreement: How to Best Protect You, Your Practice and Your Patients" at the Westchester County Medical Society Webinar on Wednesday, September 18, 2024. 

October 9, 2024

WCMS Webinar: Best Practices For Enhancing Employee Engagement And Minimizing Risk And Liability

Andrew Zwerling and Marianne Monroy will co-present "Best Practices for Enhancing Employee Engagement and Minimizing Risk and Liability" at the Westchester County Medical Society's CME Webinar.

October 9, 2024|Events

WCMS Webinar: Best Practices For Enhancing Employee Engagement And Minimizing Risk And Liability

Andrew Zwerling and Marianne Monroy will co-present "Best Practices for Enhancing Employee Engagement and Minimizing Risk and Liability" at the Westchester County Medical Society's CME Webinar.

September 17, 2024|Events

Your Employment Agreement: How to Best Protect You, Your Practice and Your Patients

Garfunkel Wild's Barry Cepelewicz, M.D. and Andrew Zwerling, will present "Your Employment Agreement: How to Best Protect You, Your Practice and Your Patients" at the Westchester County Medical Society Webinar on Wednesday, September 18, 2024. 

July 30, 2024|Events

Ensuring Compliance: The Legal and Practical Importance of Accurate Job Descriptions

Garfunkel Wild’s Andrew Zwerling and Harpreet Kaur will host a webinar addressing the legal and practical implications of job descriptions.

May 23, 2024|Events

AJMA Webinar – Navigating Anti-Semitism at Work

Garfunkel Wild’s Andrew Zwerling and Lauren Levine will address some of the employment issues that physicians and medical students should be aware of regarding navigating anti-Semitism at work.    

May 8, 2024|Events

Managing the Remote Workforce: Employer Best Practices and Legal Considerations

 Join Andrew Zwerling and Lauren Levine as they address some of the common issues that employers encounter with remote employees and best practices for addressing these issues as the growing trend of telecommuting continues.

April 9, 2024|Publications

Employment Law Q&A

Garfunkel Wild’s Employment and Workforce Management attorneys are ready to answers all of your labor and employment law questions in our new Q&A series. 

April 4, 2024|Events

ADA’s Reasonable Accommodation: Compliance Tips for Employers

Join Andrew Zwerling, and Marianne Monroy as they help employers understand their legal obligations concerning disability accommodations, appropriate medical documentation, and how to engage in the required interactive dialogue with an employee before making an accommodation decision. 

March 12, 2024|Events

Conducting a Proper Employee Performance Evaluation

Join Garfunkel Wild’s Andrew L. Zwerling and Salvatore Puccio as they provide practical guidance on how to create a company-wide evaluation system and guidance on best practices for delivering positive and difficult messages to staff. 

February 6, 2024|Events

Protect Your New York Medical License: Critical Safeguards When Responding To The OPMC

Join Garfunkel Wild’s Andrew L. Zwerling and Lauren Levine as they explore OPMC investigations and discuss the OPMC process including how to respond to an OPMC notice, and crucial steps to prepare for an OPMC interview. 

January 9, 2024|Events

Conducting Employment Internal Investigations

Join Garfunkel Wild’s Andrew L. Zwerling and Marianne Monroy as they cover an overview of workplace investigations, preparing for the investigation, witness interviewing techniques, and record-keeping and documentation. 

December 13, 2023|Events

Managing Employee Social Media Use & Best Practices for Imposing Discipline

Join Marianne Monroy and Andy Zwerling as they discuss the legal and practical considerations of determining when a private employer may discipline an employee for their social media activities, and what appropriate disciplinary actions employers can consider.

November 29, 2023|Events

Best Practices for Terminating an Employment Relationship

Join Andrew L. Zwerling and Salvatore Puccio as they walk you through common oversights and provide practical guidance to help streamline your termination process, including the “dos and don’ts” you will want to follow once you decide to proceed with the termination.

April 20, 2023|Events

Fairfield County Medical Association Webinar – The FTC’S Proposed Ban on Non-Competes: What Does It Mean?

Garfunkel Wild’s Barry B. Cepelewicz and Andrew L. Zwerling will present at Fairfield County Medical Association’s Webinar “The FTC’S Proposed Ban on Non-Competes: What Does It Mean?” on April 20, 2023.

March 30, 2023|Podcasts

The FTC’s Proposed Ban on Non-Competes – What Does It Mean?

On January 5, 2023, the Federal Trade Commission (“FTC”) announced and released a notice of proposed rulemaking (NPRM) to prohibit employers from entering into non-competes with workers, including independent contractors. 

November 4, 2022|Publications

Protect Your Medical License: Use Certified Coders to Help Ward Off Licensure Sanctions

There has been a steady trend of increased scrutiny by governmental agencies responsible for investigating complaints against physicians and for prosecuting acts of professional misconduct by physicians, including the coding and billing practices of physicians.  All practitioners should be aware that billing improprieties may constitute a form of professional misconduct that such agencies may rely […]

October 25, 2022|Events

Garfunkel Wild’s 9th Annual ASC & Healthcare Management Symposium

Garfunkel Wild is pleased to present the 9th Annual ASC & Healthcare Management Complimentary Virtual Symposium on October 25, 2022.

March 10, 2022|Events

Garfunkel Wild Webinar – No One Showed at the Office Today: Challenges and Best Practices for Employers Confronting a Remote Workforce

Garfunkel Wild’s Andrew Zwerling and Lauren Levine will present the webinar “No One Showed At The Office Today: Challenges and Best Practices for Employers Confronting a Remote Workforce? on March 10, 2022.

December 8, 2021|Events

Garfunkel Wild Webinar – Understanding and Avoiding Claims Under the Americans with Disabilities Act

Garfunkel Wild’s Andrew Zwerling and Kevin Donoghue will present the webinar “Understanding and Avoiding Claims Under the Americans With Disabilities Act? on December 8, 2021.

June 29, 2021|Events

Garfunkel Wild Webinar – Legalized Medical and Recreational Marijuana: Navigating the Ever-Shifting Landscape for Employers

Garfunkel Wild’s Andrew Zwerling and Salvatore Puccio  will present the webinar “Legalized Medical and Recreational Marijuana: Navigating The Ever-Shifting Landscape For Employers” on June 29, 2021.

June 12, 2020|Events

Garfunkel Wild Webinar – Returning to Work in the COVID-Era: Employee Issues, What to Expect and How to Prepare

Garfunkel Wild’s Andrew Zwerling, Marianne Monroy, Salvatore Puccio and Lauren Levine will present the webinar “Returning to Work in the COVID-Era: Employee Issues, What to Expect and How to Prepare” on June 12, 2020.

May 4, 2020|Events

Garfunkel Wild Webinar – The Enforceability of Employment Contracts During The COVID-19 Pandemic

Garfunkel Wild Andrew L. Zwerling will present the webinar  “The Enforceability of Employment Contracts During The COVID-19 Pandemic” on May 4, 2020.

April 20, 2020|Events

Garfunkel Wild Webinar – An Employer’s Practical Guide To Facing Day-To-Day Coronavirus Challenges

Garfunkel Wild’s Andrew Zwerling, Marianne Monroy, Salvatore Puccio, and Lauren Levine will present the webinar  “An Employer’s Practical Guide To Facing Day-To-Day Coronavirus Challenges” on April 20, 2020.

March 30, 2020|Events

Garfunkel Wild Webinar – Navigating A Murky Landscape: An Employer’s Guide To Responding To The Challenges of COVID-19

Garfunkel Wild’s Andrew Zwerling, Marianne Monroy, Salvatore Puccio, and Lauren Levine will present the webinar  “Navigating A Murky Landscape: An Employer’s Guide To Responding To The Challenges of COVID-19” on March 30, 2020.

April 4, 2019|Events

Hudson Valley Annual Institute 2019

Andrew l. Zwerling, Marianne Monroy and Salvatore Puccio will present at the Hudson Valley Annual Institute on April 4, 2019.

Additional speaking & writing

Speeches and Events

  • “Wage & Hour Legal Considerations In Returning To The Office,” Thomson Reuters Podcast, July 2020
  • The Questionable Enforcement of Employment Contracts During The COVID-19 Pandemic,” May 4, 2020
  • “An Employer’s Practical Guide To Facing Day-To-Day Coronavirus Challenges,” April 24, 2020
  • “Navigating A Murky Landscape: An Employer’s Guide To Responding To The Challenges of COVID-19,” March 30, 2020
  • “New York’s Medical Marijuana Program: Issues Confronting Employers,” Medical Society of the State of New York, February 2020
  • “New York’s Medical Marijuana Program: The Role and Obligations of Registered Practitioners, The Obligations of Certified Patients, The Role and Obligations of Registered Organizations, The Role and Obligations of Registered Organizations and Compliance Issues Confronting Participants in the Program ” Medical Society of the State of New York, February 2020
  • Sexual Harassment In The Medical Profession, Fairfield County Medical Association and Hartford County Medical Assocation, February 4, 2020
  • New York State Bar Association Annual Meeting 2019, Health Law Section: “The MSSNY/OPMC Relationship,” January 16, 2019
  • Sexual Harassment “Train the Trainers Webinar: The Impact on the Healthcare System and the Medical Profession, Medical Society of the State of New York, March 20, 2019
  • Hudson Valley Chapter HFMA Annual Institute, “Importance of Employee Engagement and Top Trending HR Issues For All Employers,” April 4, 2019
  • Medical Society of the State of New York, Sexual Harassment Awareness and Prevention in the Workplace, July 17, 2019.
  • ADP New Age Workplace Compliance Lunch and Learn: Employment Law Bootcamp, June 7, 2018

Publications

  • “A Patient Just Sexually Harassed An Employee Of My Practice: What Can I Do?”, Medical Society Of The State Of New York News Of New York, June 2019
  • “Dear New York Medical Marijuana Attorney: Who Is A Qualified Patient Under New York’s Medical Marijuana Program?”, Medical Society Of The State Of New York News Of New York, June 2019
  • “Practitioners Gone to Pot: New York’s Medical Marijuana Program and the Role and Obligations of Registered Practitioners,” Nassau Lawyer, June 2019.
  • “Did New York State Recently Impose New Obligations On All Employers Relating To Sexual Harassment, Even If The Employer Merely Has One Employee?” Medical Society Of The State Of New York News Of New York, June 2018
  • “How To Handle The Under-Performing Employee In Your Medical Practice: Documentation, An Invaluable Cost-Containment Safeguard,” Medical Society Of The State Of New York News Of New York, (scheduled for publication, June 2018)
  • “What to Do When the OPMC Comes Knocking,” Medical Society Of The State Of New York News Of New York, March 2018
  • “What Is That Ticking Financial Bomb In Your Medical Profession? The Misclassification of An Employee as Exempt From Overtime Laws,” Medical Society Of The State Of New York News Of New York, February 2018
  • “Who Is Your “Harvey Weinstein’?: The High Cost Of Letting Sexual Harassment Go Unchecked In The Medical Profession,” Medical Society Of The State Of New York News Of New York, January 2018.
  • “Implementing the Mandates Imposed on Covered Entities By Section 1557 of the ACA,” Co-Author, Law Journal Newsletters, February 2017
  • “Section 1557 of the Affordable Care Act: A New Frontier in Prohibiting Discrimination in Health Care Programs,” Connecticut Law Tribune, December 19, 2016
  • “Medical Staff Leadership Responsibilities and The Issue of Disruptive Physicians,” Medical Malpractice Law & Strategy, November 2016
  • “Implications of Raising the Overtime Salary Threshold,” Connecticut Law Tribune, October 28, 2015
  • “How An Employee Manual Can Help Control Risk and Contain Cost,” Medical Economist, January 10, 2015

 

Practices
Education
J.D.,
George Washington University,
1982,
  • with Honors
,


B.A.,
State University of New York (SUNY) Stonybrook,
1979,
  • with Honors
,
Bar Admissions

New York

Connecticut

Court admissions

New York Supreme Court, Appellate Division

Connecticut State Courts

U.S. Court of Appeals: Second Circuit

U.S. District Court: Southern District of New York

U.S. District Court: Eastern District of New York

U.S. District Court: Northern District of New York

U.S. Supreme Court

PROFESSIONAL MEMBERSHIPS
  • Nassau County Bar Association
  • New York State Bar Association
AWARDS & RANKINGS
  • Super Lawyers – New York Metro (2013-2024)
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