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    1. Home
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    3. Todd R. ShinamanPeople
    1. Home
    2. People
    3. Todd R. ShinamanPeople

    Todd R. Shinaman

    Counsel


    • Rochester
    • Office585.263.1265
    • tshinaman@nixonpeabody.com
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    Introduction

    Todd Shinaman is counsel in the Labor & Employment practice group. He has over 25 years of experience in counseling and representing employers of all sizes in all aspects of labor and employment law and litigation.

    Practice Areas

    Arbitration, Mediation & Alternative Dispute ResolutionLabor & EmploymentLabor & Employment LitigationLabor RelationsEmployee Benefit Plan AuditsLitigationTransactional Employment Due DiligenceWage-Hour Compliance & LitigationWorkplace: Policies, Procedures & TrainingNon-Compete & Trade Secrets

    My focus

    I have experience in virtually all aspects of labor and employment law, but I have focused recently on several main areas of practice.

    Wage-hour class action litigation

    I have led, or participated on, a team of other experienced class action litigators to defend numerous high stakes wage-hour class actions, including obtaining the dismissal of such claims and successfully arguing to uphold dismissals at the Second Circuit Court of Appeals. We have also succeeded in denying or limiting class certifications, significantly reducing potential liability.

    Defense of discrimination claims

    I have aggressively and successfully defended numerous discrimination cases of all types, including through trial. I have also negotiated many favorable settlements, satisfying the clients’ goal of resolving a matter expeditiously and efficiently. I regularly represent clients before state and federal administrative agencies and courts.

    Labor work

    I have effectively negotiated union contracts and assisted clients in opposing unionization. I have also won dismissal of many grievances at arbitration.

    Counseling

    I regularly counsel clients in all areas of employment law to minimize litigation and liability exposure.

    Looking ahead

    We are closely following the developing law on class certification in wage-hour cases and expect that there will be significant holdings that could change the landscape in that area.

    Admitted to practice

    New York
    U.S. District Court, Western District of New York
    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. Court of Appeals, Second Circuit

    Education

    Cornell University, School of Industrial & Labor Relations, B.S.
    University of Virginia School of Law, J.D.

    Professional activities

    Todd is a member of the American (Labor Law Section), New York State (Labor and Employment Law Section), and Monroe County bar associations.

    Recognition

    Todd was selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2023 in the fields of Employment Law—Management; Labor Law—Management; and Litigation—Labor and Employment. Todd has been listed in Best Lawyers since 2003, and was designated the Rochester “Lawyer of the Year” for Employment Law—Management in 2021, 2019 and 2013.

    Todd has been recognized for exceptional standing in the legal community by Chambers USA: America’s Leading Lawyers for Business 2022 for Labor & Employment (New York). He was also recognized by Chambers in previous years.

    In addition, Todd has been recognized as a “Super Lawyer” in Employment & Labor law based on a peer-review survey by New York Super Lawyers magazine.

    News Mentions

    • The Deal

      Tegna recruits sports podcaster-Locked On

      This article on Tegna’s expansion into the fast-growing podcast market through its acquisition of Locked On Podcast Network mentions Washington, D.C. partners John Partigan and Sean Clancy and Rochester partner Brian Kopp, all of the Corporate group, for representing Tegna. The deal team also included Rochester Labor & Employment counsel Todd Shinaman; and Washington, D.C. associate Pierce Han and Boston associate Bohao Zhou, both in the Corporate group.
      Jan 27, 2021
    • Rochester Business Journal

      Questions Arise on Local Impact of DOL's Ruling on Standards for Employees, Independent Contractors

      Rochester Labor & Employment counsel Todd Shinaman is quoted in this article on the Department of Labor’s recent rule clarifying the standard for employee vs. independent contractor. Todd is quoted on the best practice for businesses to take a holistic view of employee definitions by other government agencies, such as the IRS, and to take a wait-and-see approach with the incoming administration.
      Jan 15, 2021
    • Daily Messenger

      No clear path for accessible websites

      Rochester Labor and Employment counsel Todd Shinaman discusses the recent increase in lawsuits against businesses whose websites are allegedly noncompliant with the Americans with Disabilities Act, and explains how companies can minimize their liability.
      March 6, 2020
    • Rochester Business Journal

      U.S. releases new guidance on status of on-demand service providers

      Rochester Corporate partner Jeremy Wolk wrote this contributed article outlining new guidance from the Department of Labor on whether “gig economy” workers should be considered independent contractors or employees.
      June 28, 2019
    • Law360

      Don’t Miss It: Vinson, Nixon Peabody Lead Week’s Hot Deals

      Nixon Peabody is mentioned as counsel to Tegna in its $535 million deal to acquire two television stations and one radio station in the Midwest from Dispatch Broadcast Group.
      June 14, 2019
    • The Deal

      Dispatch exits broadcasting with Tegna deal

      The following stories mention Nixon Peabody as counsel to Tegna in its $535 million deal to acquire two television stations and one radio station in the Midwest from Dispatch Broadcast Group. NP’s deal team included partners John Partigan, Brian Kopp, Sean Clancy, counsels Todd Shinaman and Al Floro, and department attorney Dana Campbell.
      June 12, 2019
    • Rochester Business Journal

      To avoid lawsuits, businesses must review websites for accessibility

      Rochester Labor and Employment counsel Todd Shinaman is quoted in this column on the legal reasoning behind the view that provisions of the Americans with Disabilities Act apply to commercial websites.
      April 19, 2019
    • Rochester Business Journal

      Websites open to the public must comply with the U.S. Disabilities Act

      Rochester Corporate partner Jeremy Wolk wrote this contributed article along with Labor and Employment counsel Todd Shinaman and associate Jeremy League describing the pertinent legal framework outline website owners’ obligations under the Americans with Disabilities Act.
      April 6, 2019
    • WHEC-TV (Rochester)

      Businesses sued over website accessibility; motive questioned

      In the following coverage, Rochester Labor & Employment counsel Todd Shinaman is quoted in this story on a burgeoning trend of lawsuits filed against businesses whose websites are not compliant with the Americans with Disabilities Act. Todd appeared at a press conference to discuss the issue.
      April 3, 2019
    • Law360

      Don't miss it: Nixon Peabody pilots Tegna’s $105M TV stations deal

      Washington DC partner and team leader John Partigan is mentioned in this article for leading the deal team in Tegna Inc.’s $105 million acquisition of local television stations in Ohio and Texas. The deal team also included partners Sean Clancy, Brian Kopp, Jean McCreary and Denise Pursley; counsel Todd Shinaman; and associates Pierce Han, Dara Histed, Carolyn Lowry and Dana Stanton.
      Aug 24, 2018
    • Rochester Business Journal

      Major Changes for OT

      Rochester Labor & Employment counsel Todd Shinaman is quoted in this article about the Department of Labor’s recent changes to overtime regulations.
      May 20, 2016
    • Rochester Business Journal

      State Legislation Increases Wages, Mandates Family Leave

      Rochester partners Jeff LaBarge and Steve Jones, counsel Todd Shinaman, and associates Joe Carello and Kim Harding co-authored this column discussing New York’s landmark legislation raising the minimum wage and mandating paid family leave.
      May 13, 2016
    • Buffalo Business First 

      'Uphill Battle' Expected in Light for Statewide $15 Minimum Wage

      Labor & Employment counsel Todd Shinaman provides commentary in this feature story on the legal battle over the push for a $15 minimum wage in New York State.
      Oct 23, 2015

    Insights And Happenings

    • Article

      Navigating Employee Hesitation to Return to Work (Reopening New York Webinar Series)

      June 2, 2020

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