Lisa M. Brauner

Lisa M. Brauner

PARTNER
NEW YORK CITY
T: 646.618.8655
F: 646.618.8661

Ms. Brauner focuses her practice on labor and employment law. She advises nonprofit organizations, for-profit businesses and social enterprises on all aspects of the employment relationship, including avoidance of litigation, wage/hour compliance, preventing unlawful discrimination, harassment, and retaliation, reductions-in-force, lawful hiring and terminations, reasonable accommodation issues, and compliance with federal, state and local laws and regulations. She has significant experience preparing employment, severance, confidentiality, non-compete and non-solicitation agreements, as well as employee handbooks and policies. Ms. Brauner has experience with counseling on employment law aspects of mergers and acquisitions, and on preparation of employment agreements for inbound executives.

Ms. Brauner also conducts human resources compliance audits on issues such as worker classification (exempt/nonexempt employees and independent contractors/employees). She assists employers in developing and implementing systems and procedures to ensure compliance with federal, state and local laws. In addition, she conducts manager and employee training on workplace issues such as preventing discrimination and harassment. She also conducts investigations of complaints of unlawful discrimination, harassment, and retaliation.

Ms. Brauner has extensive experience defending employers in court, including successfully first-chairing both jury and bench trials. In addition, she responds to charges of discrimination before the EEOC and other government agencies, and inquiries from the Department of Labor.
 

Recognitions

  • The Best Lawyers in America,® Labor and Employment Law – Management (2019-2023, 2025)
  • “New York Metro Super Lawyers,” Employment & Labor (2014-Present)
  • HRE Magazine, “The Nation’s Most Powerful Employment Attorneys” as one of 40 “Up and Comers In Employment Law,” (2014)
  • SmartCEO Magazine, Finalist for Industry Leader (2014)
  • Brooklyn Law School American Jurisprudence Awards: Constitutional Law Litigation, Professional Ethics, Trial Advocacy
  • New York Super Lawyers®, Employment & Labor, Employer (2014–Present)
 

Memberships & Activities

  • Member: New York State Bar Association, Labor and Employment Law Section
  • Founder: Brooklyn Law School Alumni/Student Mentor Program
  • Founder: NY Tufts Professional Women’s Networking Group
  • Member: Tufts University Alumni Council
  • Obtained defense jury verdict for employer in race discrimination lawsuit.
  • Successfully defended higher education institution in sex harassment and retaliatory discharge lawsuit.
  • Successfully defended not-for-profit services provider in race, national origin discrimination, and retaliation lawsuit.
  • Handled nationwide reduction-in-force of global media company.
  • Successfully defended multi-plaintiff race discrimination action.
  • Successfully represented real estate management company in precedent-setting case relating to arbitration of employment claims.
  • Handled worker reclassification of global media and trend-reporting company.
INSIGHTS

Presenter: "HR Legal Issues Affecting Nonprofit Organizations" Austin W. Marxe School of Public and International Affairs at Baruch College (April 2024)

Presenter: "Speech in the Workplace for Nonprofit Employees in an Election Year" NYC Bar Association's Not-for-Profit Law Institute (March 2024)

Presenter: "Hot Employment Law Topics for New York Hospitality Employers," HFTP NYC Chapter Meeting (October 2023)

Co-Author: “New York State May Be On the Verge of Banning Non-Compete Agreements in Some Form” (July 2023)

Author: “Legal Risks Grow for Employers as NYC Bans Discrimination Based on Weight and Height” (July 2023)

Co-Author: “UPDATE: New York State Amends Its Pay Transparency Law” (March 2023)

Presenter: HUB International’s Nonprofit Executives’ Forum (March 2023)

Co-Author: "Website Compliance with the ADA: What’s New?" (March 2023)

Co-Author: "Attention New York Employers: It’s Time to Update Your Employee Handbooks Again" (February 2023)

Co-Author: "New York State’s Pay Transparency Law Takes Effect September 17, 2023" (January 2023)

Author: "UPDATE: New York City Delays Enforcement of Law Restricting Employer Use of Automated Employment Tools to April 15, 2023" (December 2022)

Author: "NYC Employers Take Note: November 4th Public Hearing Set for Rules on NYC Law Restricting Automated Employment Tools" (November 2022)

Co-Author: "NYC Salary Disclosure Law Takes Effect November 1st" (October 2022)

Presenter: “Recruit to Retain: Know Who to Hire and Minimize Costly Legal Mistakes,” Nonprofit New York (September 2022)

Author: "NY Employers Who Conduct Electronic Monitoring of Employees Must Provide Written Notice to New Hires Starting May 7" (May 2022)

Author: "The Impact on Employers of the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act” (March 2022)

Author: "Sexual Harassment Prevention Hotline and Other Employee Protections Take Hold in New York State" (March 2022)

Co-Author: "May Day! Salaries for All To See in NYC Starting in May," New York Law Journal (March 2022)

Author: "Federal Covid-19 Updates: OSHA Withdraws Vaccination-or-Testing Requirement After Supreme Court Defeat, CMS Vaccine Mandate Stands, and Federal Contractor Mandate Halted" (March 2022)

Author: "Update on New York State HERO Act: Mask Mandate Lifted and New Model Template Issued for Airborne Infectious Disease Prevention Control" (February 2022)

Author: "UPDATE: Will the Supreme Court Uphold OSHA’s Vaccination or Testing Requirement for Large Employers and Vaccine Mandate for Certain Health Care Providers?" (January 2022)

Co-Author: "Several New Covid-19 Vaccine and Mask Mandates for NYC Employers, Schools, Public Spaces and More" (December 2021)

Co-Author: "New York State HERO Act: November Updates" (November 2021)

Author: "Will OSHA’s Mandatory Vaccination/Weekly Testing Rule for Large Employers Survive Court Challenges?" (November 2021)

Co-Author: "EEOC Clarifies Religious Exemptions to Covid-19 Vaccine Mandates" (October 2021)

Co-Author: "Update on NY HERO Act: Covered Employers Must Activate Plans Now" (September 2021)

Co-Author: "NY HERO Act: Employers Need to Act by August 5th" (August 2021)

Co-Author: "Website Compliance with the ADA: Gil v. Winn-Dixie Stores and a Web of Confusion for Businesses and Nonprofits" (May 2021)

Author: "Re-Opening After Covid-19: What Nonprofits Need to Know about Reasonable Accommodation of Employees with Disabilities," Blue Avocado magazine (March 2021)

ARTICLES

Employment Law Update: New York’s Freelance Isn't Free Law: What NY Employers Need to Know

On August 28, 2024, New York State’s Freelance Isn’t Free Law (“FIFL”) took effect, extending protections to freelance workers statewide. This sweeping law is codified in a new Article 44-A to New York State’s General Business Law, ensuring clear expectations for both independent contractors and the organizations that engage them throughout New York State.

Client Alert: Avoiding Legal Pitfalls and Risks in Workplace Use of Artificial Intelligence

Recent surveys indicate the widespread use of generative AI (artificial intelligence) and other artificial intelligence tools by employees in the workplace. This is hardly surprising, given the astonishing level of efficiencies that AI tools offer for content generation, predictions, recommendations, and a seemingly endless number of other outcomes.   

Employment Law Update: Employers Feel the Heat: OSHA Proposes Workplace Regulations to Address Extreme-Heat-Causing Illnesses

On July 2, 2024, the Occupational Safety and Health Administration (OSHA) released a proposed rule aimed at mitigating worker illnesses from extreme heat in indoor and outdoor work settings. This proposed Heat Injury and Illness Prevention standard – publicized through a Notice of Proposed Rulemaking – arrives at a critical juncture due to the alarming rise in temperatures in the U.S. and globally.

Client Alert: NY Governor Vetoes Non-Compete Bill and Other 2023 Year-End Updates for NY Employers

On December 22, 2023, New York Governor Kathy Hochul gave a holiday gift to New York’s business community when she vetoed New York State Senate bill (S.3100A)—New York’s non-compete bill—that would have prohibited employers in New York from using noncompete agreements and certain other restrictive covenants with employees and other “covered individuals,” amending New York’s Labor Law. The business community lobbied for the Governor to veto or narrow the bill, fearing that the non-compete bill, in the form passed by the New York legislature, would damage New York’s economy, threatening innovation and causing businesses to flee New York for more employer-friendly states.

Employment Law Update: The Latest on Non-Compete Agreements

Non-compete agreements have been the subject of much discussion and scrutiny across the country. While some states and federal agencies push for prohibition of these types of restrictive covenants altogether, Maryland and New York continue their trends of narrowing the class of workers who may be lawfully subjected to a non-compete. Non-Compete Agreements have been the subject of much discussion and scrutiny across the country. While some states and federal agencies push for prohibition of these types of restrictive covenants altogether, Maryland and New York continue their trends of narrowing the class of workers who may be lawfully subjected to a non-compete. 

Client Alert: EEOC Proposes New Workplace Harassment Guidance

On September 29, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued its 144-page proposed Enforcement Guidance on preventing workplace harassment under the anti-discrimination laws that the EEOC enforces (“Guidance”). The stated purpose of the Guidance is to clarify for the public what the EEOC maintains are legal requirements for preventing unlawful harassment in the workplace. What is concerning, among other things, is the very broad approach to illegal workplace harassment that the EEOC sets forth. While any EEOC Guidance does not have the force of law, it provides insight into the EEOC’s focus and how it will interpret and administer the laws it is charged with enforcing.
 


 

PRESENTATIONS

Webinar: Are your Nonprofit Employees Still Exempt? A Review of the DOL’s 2024 Final FLSA Overtime Regulation

In this webinar, Whiteford’s Labor and Employment Law Partners, Lisa Brauner and David Stevens, along with Eileen Johnson, Co-chair of Whiteford’s Associations & Nonprofit Organizations Section, discussed the significant changes to the salary threshold for salaried exempt employees under the Fair Labor Standards Act (FLSA) following the U.S. Department of Labor's Final Rule issued in April 2024.

Webinar: Are Non-Competes Still Legal?

This webinar discusses what certain states and federal agencies are doing to attempt to limit or prohibit the use of non-competes and practical considerations for employers in light of these recent developments. 

36 Whiteford Attorneys Named Super Lawyers and Rising Stars

Whiteford, Taylor & Preston is pleased to announce that thirty-six of its attorneys are listed among the 2024 Super Lawyers and Rising Stars in Delaware, District of Columbia, Maryland, New York, Pennsylvania and Virginia.