Daniel L. Saperstein is an Associate in the Labor & Employment Law Department, resident in the Newark office. He is a member of the Employment Litigation & Arbitration, Labor-Management Relations, Employment Law Counseling & Training, International Labor & Employment, and Whistleblower & Retaliation Groups, as well as the Dodd-Frank Task Force.
Dan litigates on behalf of employers in a wide variety of employment-related disputes brought before state and federal courts; FINRA, AAA and other arbitration panels; administrative agencies such as the EEOC and its state counterparts; and in pre-litigation negotiations. Clients that he has represented include employers in the retail, construction, real estate, financial services, sports, and arts/entertainment industries, as well as non-profit organizations, universities, hospitals, and law firms. Dan also frequently counsels clients on hiring procedures, wage and hour matters, employee leave, performance issues, and separation agreements and releases.
Dan has written or been quoted or cited in nearly 150 articles, and has edited or contributed to several books, encompassing such topics as employment discrimination, social media, statute of limitations jurisprudence, family and medical leave, background checks, health care, extraterritoriality, non-competes, occupational safety and whistleblowing. In particular, Dan has drafted congressional testimony and authored commentaries for major media outlets such as the Washington Post, Star Ledger and Bloomberg BNA. His other writings have been published by academic journals such as the Hofstra Law Review and Rutgers Law Record; and trade journals such as the National Law Journal, New York Law Journal, New Jersey Law Journal, and Georgia’s Daily Report (ALM publications); Westlaw Journal Employment, H.R. Advisor, and Cyberspace Lawyer (Thomson Reuters publications); as well as Law360, Society for Human Resource Management (SHRM), Metropolitan Corporate Counsel (MCC), Lawdragon, Practising Law Institute, and International Law Practicum. His work also has been presented at conferences or referenced in materials provided by the American Bar Association, New York State Bar Association, New Jersey Defense Association, Academy of Legal Studies in Business, and King County Bar Association. In addition, Dan frequently contributes to Proskauer client alerts and blog postings.
The New York Post and various H.R./legal publications have interviewed Dan, and his work has been quoted, cited, or acknowledged in books such as The New Wigmore: A Treatise on Evidence; newspapers such as The Wall Street Journal and RT; academic outlets such as Cornell University's School of Industrial and Labor Relations, University of Pennsylvania, University of Virginia, Hofstra University, Pace University, and Arizona State University; and H.R./legal publications such as The American Lawyer, Corporate Counsel, Georgia’s Daily Report, and Law Technology News (ALM publications); as well as the Albuquerque Journal, H.R. Executive, H.R. Morning, Willis Wire, Social Science Research Network, American Society of Employers, International Lawyer, Lawyers.com, Overlawyered, Law360, SHRM, and MCC. One of the articles Dan co-authored also was quoted in the Respondent's brief before the U.S. Supreme Court in NASA v. Nelson. And an article accrediting Dan for his research assistance was cited in the Petitioner's certiorari and briefing papers (and the Chamber of Commerce's amicus filing) before the U.S. Supreme Court in University of Texas Southwestern Medical Center v. Nassar, as well as by the law reviews of the University of Chicago, University of Texas, Boston College, the College of William & Mary, and the University of Arkansas at Little Rock, among other publications.
On the pro bono front, Dan has fought to end the exploitation of captive chimpanzees in the United States, submitting comments on behalf of the Animal Legal Defense Fund (ALDF) to the Fish and Wildlife Service (FWS) and the National Institutes of Health (NIH). Dan has contributed to the ALDF Blog on these issues as well. As a result of these efforts, the FWS has expressed its intention to extend endangered species protections to chimpanzees held in captivity and the NIH has announced plans to retire most of the chimpanzees used in NIH-funded biomedical research projects. Dan’s other pro bono matters have included working on the Iraqi Human Rights Project, partaking in Goldman Sachs’ 10,000 Small Businesses, defending non-profit organizations, representing the New York City Police Department, and assisting on prisoners' rights issues.
Before joining Proskauer and throughout law school, Dan was an adjunct professor of history at William Paterson University and Bergen Community College. While teaching, he published a paper with the Hindsight Graduate History Journal of California State University, Fresno. While in law school, Dan was a teaching assistant for the Legal Writing Program and a member of the Fordham International Law Journal, where he published a note.