Paul J. Sweeney

Specialization

• Labor & Employment Law
• Business & Commercial Litigation

About Paul's Practice

Paul Sweeney joined Coughlin & Gerhart, LLP, following active duty as a Marine Corps judge advocate. He is a partner in the firm and concentrates in labor and employment law and commercial litigation. As chair of the firm’s Labor & Employment Law Practice Group, Mr. Sweeney counsels and defends employers against liability, discrimination, disability and wage & hour claims and represents employers in contract negotiations, arbitration, discipline and administrative proceedings before the EEOC, NYSHRD, NLRB, PERB and OSHA. In addition, he also represents clients in complex contract, construction and real estate disputes and serves as a mediator for the U.S. District Court for the Northern District of New York.

Mr. Sweeney is a frequent CLE speaker and edits BLR’s New York Employment Law Letter, a monthly publication that helps employers understand new laws, regulations and court cases. He has received an "AV Preeminent" peer review rating from Martindale-Hubbell and has been named for inclusion in the Best Lawyers in America© and New York Super Lawyers publications. He was selected to the Irish Legal 100, an annual compilation of distinguished attorneys, legal scholars and jurists of Irish descent. Mr. Sweeney is a Fellow of the Litigation Counsel of America and is a member of the Federation of Defense & Corporate Counsel and the Employers Counsel Network. He co-chaired the Public Sector Labor Relations Committee of the New York State Bar Association’s Labor and Employment Law Section and served as the Treasurer of the Northern District of New York – Federal Court Bar Association.

Mr. Sweeney retired as a colonel in the Marine Corps Reserve. His career included active duty as a criminal defense attorney and a deployment to Fallujah, Iraq where he served as the legal advisor to the commanding general of the I Marine Expeditionary Force on operational law matters. Prior to his retirement, he served as the senior Marine Reserve judge advocate in the Office of the Counsel for the Commandant of the Marine Corps and was the officer-in-charge of all Marine Reserve attorneys assigned to support the Commandant, the Chairman of the Joint Chiefs of Staff and DoD Office of General Counsel. His personal awards include the Legion of Merit, the Defense Meritorious Service Medal and the Meritorious Service Medal, with gold star device.

Education

• J.D., Brooklyn Law School, Brooklyn, New York, 1987
• B.A., Fordham University, 1984
  • In Cursu Honorum
  • Dean's List

Major Publications & Speaking Engagements

• Editor, New York Employment Law Letter
• Author, "Scary court decision for employers creating copyrighted content," New York Employment Law Letter, November 2021, and HR Daily Advisor, November 10, 2021
• Author, "Are mandatory vaccinations on horizon? President Biden moves the needle," New York Employment Law Letter, October 2021, and HR Daily Advisor, September 10, 2021
• Author, "King has no clothes: Official harassment report blasts Governor Cuomo's conduct," New York Employment Law Letter, September 2021, and HR Daily Advisor, August 6, 2021
• Quoted, "Thinking of Requiring COVID-19 Shots? Here's What Employers Need to Know," HR Daily Advisor, August 3, 2021
• Quoted, "EEOC Offers Clarifications, Cautions in New COVID-19 Vaccine Guidance," HR Daily Advisor, June 2, 2021
• Co-Author, "No longer a 'pipe dream': New York legalizes recreational marijuana," New York Employment Law Letter, May 2021, and HR Daily Advisor, April 23, 2021
• Author, "'Hands-on' leadership: when the boss is the problem," New York Employment Law Letter, May 2021, and HR Daily Advisor, March 29, 2021
• Author, "Effective Nov. 4: New York amends travel ban rules for quarantine period," New York Employment Law Letter, December 2020, and HR Daily Advisor, November 4, 2020
• Author, "COVID-19: We've reached 'the end of the beginning'," New York Employment Law Letter, November 2020, and HR Daily Advisor, November 2, 2020
• Quoted, "New York Judge Strikes Blow Against DOL Joint Employer Rule," HR Daily Advisor, September 9, 2020
• Quoted, "New York Court Expands FFCRA Paid Leave, But Ruling May Not Be Last Word," HR Daily Advisor, August 5, 2020
• Author, "Is #MeToo over already?" New York Employment Law Letter, January 2020, and Diversity Insight, February 10, 2020
• Quoted, "New Rule Clarifies How Perks Affect Overtime Rate Calculations," HR Daily Advisor, December 13, 2019
• Quoted, "'Open Hiring' May Have Its Place, but Beware of 'Hiring Roulette'," Diversity Insight, October 18, 2019
• Quoted, "NLRB Seeks Opinions on How Far Protection for Foul Language at Work Should Go," HR Daily Advisor, September 10, 2019
• Quoted, "Employers Likely to Notice Change After Acosta's Departure from DOL," HR Daily Advisor, July 12, 2019
• Quoted, "Caution Advised for Employers Considering DOL's New PAID Program," HR Daily Advisor, March 8, 2018
• Quoted, "Columbia University decision latest NLRB victory for unions," Human Resources News, August 24, 2016
• Quoted, "Looking to hire former service members? Veterans offer advice, encouragement," Diversity Insight, October 18, 2015
• Quoted, "New York fast-food employers bracing for $15 minimum wage," Human Resources News, July 24, 2015
• Quoted, "New rule extends FMLA rights to more employees in same-sex marriages," Human Resources News, February 26, 2015
• Author, "Changes to New York's wage theft act bring good, bad news for employers," New York Employment Law Letter, January 2015, and Human Resources News, January 28, 2015
• Employee Speech Revisited (Presenter, New York State Bar Association CLE)
• Social Media and the Employment Relationship (Presenter, New York State Bar Association CLE)
• Employee Discipline (Presenter, New York State Bar Association CLE)
• Statutory Compliance Checklist (Presenter, New York State Bar Association CLE)
• Law Office Management (Presenter, Broome County Bar Association CLE)
• Family and Medical Leave Act (Presenter, Broome County Bar Association CLE)
• Labor Law Update (Presenter, Broome County Bar Association CLE)
• Public Employee Free Speech and Public Employer Restrictions (Presenter, New York Conference of Mayors)
• General Municipal Law Section 207 Update (Presenter, New York State Association of Self-Insured Counties)
• Social Media in the Workplace (Presenter, Otsego County Chamber of Commerce)
• Bankruptcy Seminar (Presenter, Lorman Educational Services)

Professional Recognition

• Best Lawyers in America, 2012 - present
• New York SuperLawyers, 2011 - present

Admitted to Practice

• West Virginia, 1987
• New Jersey, 1987
• New York, 1988
• U. S. Court of Military Appeals, 1987
• U.S. District Court District of New Jersey, 1987
• U.S. District Court Southern District of West Virginia, 1987
• U.S. District Court Northern District of New York, 1992
• U.S. District Court Southern District of New York, 2014
• U.S. District Court Western District of New York, 1993
• U.S. District Court District of Colorado, 2003
• U.S. Court of Appeals 2nd Circuit, 2008