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919 Third Avenue
New York, New York 10022
United States of America
P: +1 212.756.2515
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Holly H. Weiss is a partner in the New York office, where she focuses her practice on the representation of employers in all aspects of employment law and employee relations. Holly litigates disputes involving restrictive covenants, ERISA claims, executive compensation, employment agreements, statutory employment discrimination claims, and common law tort and contract claims, in federal and state courts, before administrative and government agencies and in arbitral forums. She advises employers on employment law compliance, best practices, human resources matters, hiring and termination, and litigation avoidance, drafts and negotiates employment agreements, separation agreements and other employment-related agreements, provides training, and conducts investigations.
Holly has authored or co-authored numerous articles of interest to employers, a recent example of which, “Alternative Dispute Resolution in the Executive Employment Context,” appeared in BNA’s Executive Compensation Library on the Web. Holly is also the author of “Effective Client Communication,” which appeared in Labor and Employment Client Strategies: Leading Lawyers on Preventing Litigation, Minimizing Risks and Dealing with Employee Legal Problems.“ A much sought-after speaker, she addressed an MFA General Counsel Forum on “Employment Issues — What Could Go Wrong? Avoiding Common Pitfalls” and spoke on “Drafting Severance Agreements — A How-To” at the New York State Bar Association Labor and Employment Law Section’s annual meeting. Holly also recently presented on “Restrictive Covenant Issues for Investment Managers” at an SRZ Conference and on “New Whistleblower Rules: The Impact on Fund Managers” at SRZ’s Investment Management Hot Topics. Holly earned a B.A. from Emory University and a J.D. from the University of Virginia School of Law.
Selected Publications
SRZ Employment & Employee Benefits Developments: Special Healthcare Reform Issue, Winter 2012 (co-author)
“IRS Launches New Voluntary Classification Settlement Program,” SRZ Client Alert, Nov. 23, 2011 (co-author)
“New Reporting Requirements for New York State Employers,” SRZ Client Alert, Sept. 15, 2011 (co-author)
“Alternative Dispute Resolution in the Executive Employment Context,” BNA’s Executive Compensation Library on the Web, June 2011
“SEC Whistleblower Rules Encourage but Do Not Require Internal Reporting,” SRZ Client Alert, June 2, 2011 (co-author)
Update on New York’s Wage Theft Prevention Act,” SRZ Client Alert, April 11, 2011 (co-author)
“Supreme Court Expands Availability of Retaliation Claim to Parties ‘Connected’ to an Employee Who Complains of Discrimination,” SRZ Client Alert, March 4, 2011 (co-author)
“New York's Wage Theft Prevention Act Creates New Employer Obligations and Increases Penalties,” SRZ Client Alert, Feb. 23, 2011 (co-author)
“Internal Revenue Code Section 409A: Tax Relief for Non-Compliant Separation Pay Arrangements,” SRZ Client Alert, Dec. 23, 2010 (co-author)
“New York Extends Protection to Domestic Workers and Bereavement Benefits to Same-Sex Committed Partners,” SRZ Client Alert, November 2010 (co-author)
“Effective Client Communication,” Labor and Employment Client Strategies: Leading Lawyers on Preventing Litigation, Minimizing Risks and Dealing with Employee Legal Problems, 2007
“PPA’s Comprehensive Changes for 401(k) Plans,” SRZ Employment & Employee Benefits Developments, Fall 2006
“Roth Contributions Permitted for 401(k) and 403(b) Plans,” SRZ Employment & Employee Benefits Developments, Fall 2006
“PPA Eases the 25 Percent Plan Asset Rule,” SRZ Employment & Employee Benefits Developments, Fall 2006
“PPA Validates Cash Balance and Hybrid Plans,” SRZ Employment & Employee Benefits Developments, Fall 2006
“Other Notable PPA Provisions,” SRZ Employment & Employee Benefits Developments, Fall 2006
“PPA Overhauls Funding Requirements for Defined Benefit Pension Plans,” SRZ Employment & Employee Benefits Developments, Fall 2006
“PPA’s New Rules for Financially Troubled Multiemployer Pension Plans,” SRZ Employment & Employee Benefits Developments, Fall 2006
“Special Report: The Pension Protection Act of 2006,” SRZ Employment & Employee Benefits Developments, Fall 2006
“Multiemployer Pension Funds Can Require Participants to Demonstrate Work Performed Was in Covered Employment,” SRZ Employment & Employee Benefits Developments, Summer 2006
“New York Labor Law: Unvested Stock Options Are Not Considered Wages,” SRZ Employment & Employee Benefits Developments, Summer 2006
“Second Circuit Raises Standard for Workers Claiming Disparate Impact Under the ADEA,” SRZ Employment & Employee Benefits Developments, Summer 2006
“Supreme Court Broadens Title VII Retaliation Protections,” SRZ Employment & Employee Benefits Developments, Summer 2006
“Supreme Court Clarifies Subrogation Rights for Health Plans,” SRZ Employment & Employee Benefits Developments Summer 2006
“Focus on Recent Decisions,” SRZ Employment & Employee Benefits Developments, Summer 2006
“New Notice Requirement and Extended Health Care Continuation Period Under USERRA,” SRZ Client Alert, April 28, 2005
“Employment & Employee Benefits Developments - Focus on Employment Issue,” SRZ Employment & Employee Benefits Developments, Fall 2004
“Employment & Employee Benefits Developments - Focus on Benefits Issue,” SRZ Employment & Employee Benefits Developments, Fall 2004
“New Safe Harbor Overtime Policy To Provide Protection,” SRZ Client Alert, August 2004
“The Supreme Court Finds an Employer’s Affirmative Defense to Hostile Work Environment Claims Available in Some Constructive Discharge Cases,” SRZ Client Alert, July 2004
“‘Final’ Overtime Regulations?,” SRZ Client Alert, May 2004
“Proposed Regulations Address COBRA Notice Requirements,” SRZ Client Alert, January 2004
“Alternative Dispute Resolution in the Executive Employment Context,” Executive Compensation (BNA Books, edited by Yale D. Tauber and Donald R. Levy) November 2002
“The Leave of Absence Triple-Header: ADA, FMLA and Workers’ Compensation,” New York Employment Law and Practice, June and July 2002
More
Selected Speaking Engagements
“Mobility of Investment Management Professionals and Executives,” SRZ 21st Annual Private Investment Funds Seminar, New York, January 2012
“Restrictive Covenant Issues for Investment Managers,” SRZ Conference, New York, November 2011
“New Whistleblower Rules: The Impact on Fund Managers,” SRZ Investment Management Hot Topics, New York, October 2011
“Structuring and Restructuring Your Management Company,” SRZ 20th Annual Private Investment Funds Seminar, January 2011
“Employment Issues - What Could Go Wrong? Avoiding Common Pitfalls,” MFA General Counsel Forum, September 2009
“Drafting Severance Agreements - A How-To,” Annual Meeting of the Labor and Employment Law Section, New York State Bar Association, January 2009
“Lift-Outs: Both Sides of the Story,” SRZ Greenwich Private Investment Fund Seminar, May 2007
“Starting it Up and Keeping it Going: Employment Law, Office Leasing and Estate Planning,” SRZ 16th Annual Private Investment Funds Seminar, January 2007
“The Ins and Outs of Code Section 409A,” New York State Bar Association Labor and Employment Section Winter Meeting, January 2006
“The Impact of IRC 409A on Deferred Compensation Arrangements,” SRZ Employee Compensation and Benefits Seminar, May 2005
“Sex Discrimination and Sex Harassment Law and Theory,” New York University School of Law Institute for Federal Judges, March 2005
“Avoiding Mayhem and Madness in Electronic Discovery,” SRZ Employment & Employee Benefits Law Seminar, May 2004
“Protection for Whistleblowers,” NASD Institute For Professional Development, May 2004
“The Explosion in Age Discrimination Claims,” SRZ Employment & Employee Benefits Law Seminar, May 2003
“Discovery Tips From the Employer’s Perspective,” New York County Lawyers’ Association, June 2002
“The Leave of Absence Triple Header: ADA, FMLA and Workers’ Compensation,” Schulte Roth & Zabel LLP Employment and Employee Benefits Law Seminar, May 2002
“Employee Assistance Plans,” 55th Annual Conference on Labor NYU Center for Labor and Employment Law, May 2002
“Putting Humpty Dumpty Back Together: Maintaining Effective Working Relationships in the Aftermath of Complaints Between Co-Workers,” New York State Bar Association Labor and Employment Law Association, Spring 2002
”Lift-Outs: Offense and Defense,“ SRZ Asset Managment Acquisitions and Lift-Outs Seminar, April 2002
More
Memberships
New York State Bar Association
Labor and Employment Law Section
Other Distinctions
The Best Lawyers in America
Bar Admissions
Court Admissions
- U.S. Court of Appeals, Second Circuit 2001
- U.S. District Court, Southern District of New York 1993
- U.S. District Court, Eastern District of New York 1993
Education
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University of Virginia School of Law, J.D., 1991
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Emory University, B.A., 1987
Prior Experience
Sullivan & Cromwell, 1991-1999
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