areas of expertise
Wendy Stryker is co-Chair of the Employment Group at Frankfurt Kurnit. She represents marketing services agencies, media and entertainment 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 also effectively plays the role of outside general counsel. She advises on a wide variety of employment issues as they arise, including discrimination and harassment, employee classification, wage and hour, employee discipline, employee use of social media, background checks, interview questions, and requests for disability accommodations. She regularly helps clients manage litigation risk through expert guidance and the design and implementation of compliance and training programs.
A frequent public speaker, Ms. Stryker presented “Employment Law Issues in the Virtual Workplace” at the 2017 national South-by-Southwest conference, and “#You'reFired@Work: Social Media & Employment Law” at the 2016 South-by-Southwest conference. She has presented at the New York City Bar Association Employment Law Institute, the New York State Bar Association Women on the Move Conference, the Producers Guild of America East, the International Association of Young Lawyers’ HNW Same Sex Family’s Going Global Conference, and Social Media Week in New York. The Society for Human Resource Management frequently quotes Ms. Stryker on employment law topics, and she has been interviewed on employment law matters by Forbes, Variety and SiriusXM.
Ms. Stryker is a member of the Board of Directors of the New York Civil Liberties Union and is a member of the New York City Bar Association Labor and Employment Law Committee and the Media Law Resource Center Employment Law Committee. She has successfully represented two New York City tenant advocacy groups on a pro bono basis, helping them to defeat on First Amendment grounds a landlord’s attempt to ban their community service efforts. Prior to joining Frankfurt Kurnit, 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.
awards & recognition
2016 - 2019 Super Lawyer in New York-area for Employment & Labor and Business Litigation
Urban Justice Center Community Development Project Award for her pro bono contributions
University of Pennsylvania (BA, cum laude)
New York University School of Law (JD)
Upcoming Speaking Engagements
Past Speaking Engagements
Politics and Employment Law
With COVID-19 transforming the workplace, protests changing the world, and a presidential election coming – our firm created a presentation focusing on the intersection of politics and workplace rights. Read more.
June 24 2020
More Than Just Hand Sanitizer: Employment Law and the Return to Work (Part 2)
In Part 2 of our “More Than Just Hand Sanitizer” series we'll help you learn how to implement the policy and procedural changes, as well as the physical changes, necessary for a return to the workplace. Read more.
May 20 2020
More Than Just Hand Sanitizer: Employment Law and the Return to Work (Part I)
Rehiring considerations. How to test for COVID-19. How to schedule work. Which accommodations to grant. How to safeguard a gigabyte of new confidential information. These are just some of the difficult issues employers will face in the gradual return to work. In this one-hour webinar we'll help you identify the policy and procedural changes you need to make to comply with fast-changing new rules while reducing health and financial risk. Read more.
May 13 2020
Practical Tips for Art Market Participants in the COVID-19 Era
COVID-19 has caused extraordinary shifts in how business is conducted in the art market. Join three members of Frankfurt Kurnit’s Art, Employment, and Litigation Groups to discuss the main issues facing art market participants today, and to provide practical tips on how to successfully navigate through these uncharted waters. Read more.
May 7 2020
Employment During a Pandemic: COVID-19 and the Major Issues Affecting New York Workplaces
May 6 2020
Employment Issues in a Pandemic
April 24 2020
eMarketing Association Program
Wendy Stryker presents “2020 Online Advertising Legal Issues: Employment Law - Work-From-Home, CCPA, Ad Fraud, and more” during an online program for the eMarketing Association.
March 25 2020
The ABCs of Independent Contractors in California and New York
You are invited to join attorneys from Frankfurt Kurnit's Employment Compliance, Training & Litigation Group for a roundtable discussion and workshop that will address the classification of independent contractors and employees under rapidly changing California and New York law. Read more.
November 20 2019
Frankfurt Kurnit’s Second Annual Litigation Ethics Summit
Frankfurt Kurnit hosts its Second Annual Litigation Ethics Summit -- a complimentary CLE for corporate counsel, law firm general counsel, partners with responsibility for law firm compliance and risk management, and other lawyers with interest in professional responsibility issues. Read more.
October 24 2019
“A Tale of Two Cities: Employment Law Compliance in New York City and Los Angeles” in LA
Nicole Bergstrom, Tiffany R. Caterina, Tricia L. Legittino, Viviane K. Scott & Wendy Stryker present “A Tale of Two Cities: Employment Law Compliance in New York City and Los Angeles” in our NY office.
June 6 2019
“A Tale of Two Cities: Employment Law Compliance in New York City and Los Angeles” in NYC
Nicole Bergstrom, Tiffany R. Caterina, Tricia L. Legittino, Viviane K. Scott & Wendy Stryker present “A Tale of Two Cities: Employment Law Compliance in New York City and Los Angeles” in our NY office.
May 22 2019
Producers Guild of America East’s Diversity & Inclusion Panel on Ageism
Wendy Stryker speaks on the Producers Guild of America East’s Diversity & Inclusion panel discussing Ageism at the Frankfurt Kurnit NY office.
February 25 2019
Get Ready for New Anti-Harassment Rules
July 18 2018
Be the Change: Frankfurt Kurnit’s Third Annual Advertising Law Summit
Changes in advertising law are inevitable. The changes come from regulators and self-regulators. They come from privacy and data security czars. They come from the courts. And they come from technology providers and platforms. Read more.
June 7 2018
Sexual Harassment & the Law: A Call to Action for Lawyers in the Era of #MeToo
June 4 2018
NYCB 4th Annual Employment Law Institute
March 9 2018
Preventing Discrimination and Harassment in the Creative Workplace
Wendy Stryker participates in the American Association of Advertising Agencies’ webinar "Preventing Discrimination and Harassment in the Creative Worplace".
December 15 2017
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. Read more.
May 31 2017
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. Read more.
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
Payment Protection Program Extended through August 8, 2020
On July 3rd, President Trump signed legislation extending the application deadline for the Paycheck Protection Program until August 8th. Read more.
PPP Application Process Updates
Here are two important news items for businesses participating in, or seeking to participate in, the Small Business Administration (SBA)’s Paycheck Protection Program (PPP). Read more.
Reopening: Can an Employer Require Antibody Testing For Returning Employees?
Last week, the EEOC updated its COVID-19-related guidance for employers, titled What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. In general, this EEOC resource contains important guidance to help employers implement strategies to navigate the impact of COVID-19 in the workplace. In the most recent update, the EEOC answered the question: Under the Americans with Disabilities Act (ADA), may an employer require antibody testing before permitting employers to re-enter the workplace? Read more.
California Employees Who Refuse to Return to Work Risk Loss of Unemployment Benefits
Here’s some news for California employers and employees wrestling with the question of how to return to work. Read more.
EEOC Updates Key Guidance for Employers Reopening Workplaces
The EEOC updated What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. The update contains important new guidance to help employers manage employee requests lawfully while reopening offices and other workplaces. Read more.
Small and Midsize Business Relief: New “Main Street Lending Program “Is on the Way
In our continuing effort to help clients leverage COVID-19-related federal assistance, we are tracking a new relief program due out soon from the Federal Reserve. The “Main Street Lending Program” will facilitate loans to small- and mid-size businesses that were considered to be in sound financial condition before the start of the COVID-19 pandemic. Read more.
Checklist: Eleven Policies to Consider Before Reopening Your Business
As economies across the country begin restarting and the COVID-19 pandemic continues, employers have some important, pandemic-related revisions to consider for their employment policies and handbooks. Frankfurt Kurnit’s employment team has been reviewing the applicable federal, state, and local laws, guidelines and regulations to gather a list of specific policies employers should consider creating or revising. Read more.
EEOC Permits Employers to Test for COVID-19
This week, as parts of the nation began returning to work, the EEOC responded to an increasingly urgent question: May employers test employees for COVID-19? Read more.
PPP Loan Program Updates: Additional Funding and Additional Guidance
The Frankfurt Kurnit Corporate Group has been tracking developments in the Paycheck Protection Program (the “PPP”), adopted as part of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”). In this alert we highlight some key developments since our last update. Read more.
CARES Act: Calculating Employee Headcount Under SBA “Affiliation Rules”
The recently passed Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) created a program called the Paycheck Protection Program (the “PPP”), which makes certain loans available to small businesses. Read more.
The FFCRA Implementation Date is Coming Up – How to Get into Compliance
Employers are reminded that the new Families First Coronavirus Act will go into effect commencing on April 1, 2020 and continuing through December 31, 2020. Employers should not only be aware of the law’s key provisions, but know how to stay complaint and provide mandatory notice to employees. Read more.
Aid for Small Business and Employees Affected by COVID-19
On March 27th, the House passed and the President signed the Coronavirus Stimulus package, now known as the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. The CARES Act pumps $2.2 trillion into the American economy to combat the effects of the Coronavirus. Below is a summary of the key provisions of the CARES Act that will provide assistance to workers and small businesses. Read more.
Super Lawyers - New York Metro Top Women for 2020
The New York Times distributed the Super Lawyers list of the New York Metro Area's Top Women for 2020. Fourteen Frankfurt Kurnit attorneys made the list: Wendy Stryker (Employment Law), Victoria Cook, Lisa Davis & Jean Ward (Entertainment Law), Barbara Shiers (Estate Planning & Probate), Catherine Farrelly (Intellectual Property), Amelia Brankov, Kim Maynard & Maura Wogan (Intellectual Property Litigation) Candice Kersh & Terri Seligman (Media and Advertising). Sasha Levites (Entertainment Law) Danielle Maggiacomo & Rachel Santori (Intellectual Property Law) are listed as "Rising Stars."
Updates to Federal and State Employee Leave and Sick Leave Laws
The ongoing COVID-19 crisis has prompted a number of new federal and state laws related to employee leave and sick leave. This alert will highlight recent changes in federal and New York law. Read more.
California WARN Act Requirements Suspended by Governor
On March 18th, California Governor Newsom, at the urging of the Hollywood Chamber of Commerce, granted some relief to business owners in the state by suspending the requirements of the California WARN Act. Read more.
Are Layoffs and Closures Caused by COVID-19 Exempt from WARN Act Notices?
With the news of the spread of COVID-19 changing faster than any of us can keep up with, one of the many questions facing employers is: What are their obligations to employees if they have to shut down workplaces temporarily, or permanently, as a result of the COVID-19 outbreak. Read more.
Frankfurt Kurnit Law Firm Elects New Partners
January 2, 2020, New York, N.Y. - Frankfurt Kurnit Klein + Selz, PC has elected Kimberly Maynard and Wendy Stryker as partners effective January 1, 2020. They are both based in the firm’s New York office. Read more.
Get Ready for New York Minimum Wage and Exempt Salary Changes
Increases to the New York State minimum hourly wage for non-exempt employees and increases in the minimum salary for exempt administrative and executive employees take effect on December 31, 2019. The required minimum rate and salary depends on the employee’s location and number of employees. Read more.
How to Comply With New York’s New Harassment Rules That Are Taking Effect Now
Dramatic changes in New York’s sexual harassment laws are effective now, or will go into effect shortly. New York employers will have to adapt and take some important steps to comply. Here’s a summary of what all New York employers need to know. Read more.
Thirty-three Frankfurt Kurnit Attorneys Named to Super Lawyers Metro List for 2019
Super Lawyers magazine lists thirty-three Frankfurt Kurnit attorneys in its 2019 NY-area edition. Read more.
New York Readies Dramatic New Harassment Rules – What Are the Changes, and Are You Prepared to Comply?
The New York State Senate and Assembly recently passed a bill adding substantial additional protections for employees. The new law will provide additional protections for employees who allege sexual harassment; remove certain employer defenses; alter non-disclosure agreements; extend the statute of limitations for sexual harassment claims; and make changes to the laws governing sexual harassment policies and training. Read more.
Mandatory Sexual Harassment Training Begins for Certain New York City Employers
April 1, 2019 is an important date for many New York City employers. On that date New York City employers with 15 or more employees (including contractors) who have worked more than 80 hours and at least 90 days in a calendar year, must begin providing mandatory sexual harassment training. Read more.
Are You Ready for New York’s New Anti-Harassment Rules?
Many New York employers are days away from a number of important compliance deadlines relating to the recently enacted New York State anti-sexual harassment laws (a link to our prior alert on these laws is here). We have provided a summary of what covered employers need to do. Read more.
Thirty-six Frankfurt Kurnit Attorneys Named in Super Lawyers Magazine for 2018
Super Lawyers magazine lists thirty-six Frankfurt Kurnit attorneys in its 2018 edition. Read more.
New York State Adds Employment Practices Form to Film Tax Credit Application
In May, we circulated an update about New York State and New York City's new anti-harassment laws and how to comply with them. Read more.
Legal Pitfalls Bedevil Some New #MeToo Policies, Experts Say
Law360 mentions Wendy Stryker in an article about companies strengthening their harassment policies in the wake of the #MeToo movement. Wendy notes anonymous company hotlines have become a popular way to report harassment. (Behind paywall) View Article
How to Comply with New York’s New Anti-Harassment Rules
On April 12, 2018, the New York State Legislature and Governor Andrew Cuomo agreed on new rules for public and private employers aimed at preventing sexual harassment. Read more.
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. Read more.
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. Read more.
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-six Frankfurt Kurnit Attorneys Named “Super Lawyers” for 2016
Super Lawyers listed thirty-six Frankfurt Kurnit attorneys in its 2016 edition. Read more.
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. Read more.
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. Read more.
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. Read more.
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. Read more.
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. Read more.
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. Read more.
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. Read more.
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. Read more.
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. Read more.
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. Read more.
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. Read more.
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. Read more.
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. Read more.
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. Read more.
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. Read more.
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. Read more.
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. Read more.
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. Read more.
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. Read more.
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." Read more.
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.