Martin L. Schmelkin focuses his practice on employment and employee benefits issues for hedge funds, private equity firms, asset managers and investment banks. He has nearly 30 years of experience in employment law, representing clients in all aspects, including counseling on recruitment, hiring, employment agreements, compensation, promotions, disciplinary action and terminations. Additionally, Marty has experience advising on litigation strategy, coordinating the implementation of policies and programs across multiple global jurisdictions, and leading workplace training programs. He has a wealth of experience with diversity, equity and inclusion policies and programs, including the interplay with Environmental Social Governance (ESG) reporting. Marty also counsels financial services firms on employment related FINRA arbitrations and regulatory filings.

Marty brings a unique perspective to clients, having worked for 15 years in the legal department of Goldman Sachs, where he was a managing director and associate general counsel in the employment law group. While there he spent time in the firm's Hong Kong office covering employment law matters throughout Asia and also had responsibility for employment law in non-U.S. offices in the Americas. 

Marty serves as an Associate Lecturer on Labor & Employment Law at Columbia University, and is a member of the Executive Board of the Cornell University School of Industrial & Labor Relations (ILR) Alumni Association.

Publications

“Employment Law Updates,” Schulte Alert, Sept. 12, 2023

“The NLRB Sets Forth A New Standard for Recognition of Unions,” Schulte Alert, Sept. 7, 2023

“US Supreme Court Affirmative Action Ruling and Potential Impact on Employers,” Schulte Alert, Aug. 24, 2023

“New Guidance and Proposed Regulations From the EEOC, Schulte Alert, Aug. 23, 2023

New York on the Brink of Banning Non-Competes, Schulte Alert, June 21, 2023

“Recent Employment Law Updates,” SRZ Alert, June 7, 2023

“NLRB Restricts Non-Disparagement and Confidentiality Clauses in Severance Agreements,” SRZ Alert, March 2, 2023

“Employment Law Updates,” SRZ Alert, Feb. 24, 2023

Interview, “Martin Schmelkin, Employment & Employee Benefits Partner at Schulte Roth & Zabel LLP, on Non-Competes & Investing,” Becker Business Minute Podcast, Feb. 15, 2023

FTC Attacks Noncompete Agreements,Regulatory Compliance Watch, Feb. 3, 2023 (quoted)

“The Impact of New York City’s New Wage Transparency Law on Private Fund Manager Hiring,” Hedge Fund Law Report, Feb. 2, 2023 (quoted)

FTC Proposed Ban on Noncompetes Compels Discussion,” Attorney At Law Magazine, Jan. 31, 2023 (quoted) 

FTC's Proposed Noncompete Ban Is ‘A Wake-Up Call’ For GCs,Law360, Jan. 24, 2023 (quoted)

“FTC Proposes Rule to Ban Non-Compete Clauses,” SRZ Alert, Jan. 10, 2023

End-of-Year Employment Law Developments,” SRZ Alert, Dec. 22, 2022

“Recent Employment Law Updates, SRZ Alert, Nov. 16, 2022

“U.S. Department of Labor Proposes New Worker Classification Rule,” SRZ Alert, Oct. 21, 2022 

Speaking Engagements

Moderator, “The New Normal: Re-Imagining the Future of Work,” TD Prime Services Alternative Investment Leadership Summit, June 2023

“The Future of Human Resources: Trends and Innovations for a Thriving Workplace,” BNP Paribas Prime Services Roundtable, June 2023

“Diversity, Equity & Inclusion Initiatives: Legal and Policy Issues,” 75th Annual NYU Conference on Labor & Employment Law: Reform for the Long Haul, May 2023

“Management Group Matters,” SRZ London Investment Management Hot Topics, May 2023

“Building the Best Human Capital Strategy,” UBS Global Markets Hedge Fund Leadership Conference, May 2023

“Non-Competes & The Impending Ban: What You Need to Know,” MFA Legal & Compliance 2023, May 2023

Employee Engagement, Workplace Strategies & All Things Human Capital,” FEA NYC Hedge Fund Networking Group Luncheon, March 2023

Workplace Considerations and Strategies for Private Fund Managers,” SRZ 32nd Annual Private Investment Funds Seminar, January 2023

Prior Experience

  • Jones Day
  • Goldman Sachs
  • O'Melveny & Myers LLP
  • Orrick, Herrington & Sutcliffe LLP