Brian Heller

Partner

Brian Heller is a partner of the firm, Schwartz Perry & Heller, LLP.

One of the preeminent trial lawyers in employment law and workplace rights in and around New York City, Brian has been first chair in multiple seven-figure verdicts on behalf of his clients and has handled matters addressing all aspects of employment law including discrimination, sexual harassment, fraudulent inducement, contractual disputes, stock options and benefits, and workplace torts.

Brian has been responsible for numerous decisions and awards on behalf of Schwartz Perry & Heller. In April 2023, Brian obtained a decision that ensured that a woman who was stripped of her work because she complained about sexual harassment could present her claims to a jury

In January 2022, Brian obtained a decision that could lead the way to ensure reasonable accommodation for working mothers, a group that has been hardest hit by the COVID-19 pandemic.

In 2019, Brian argued a case before the Second Circuit that led to a landmark case affirming the rights of victims of age discrimination.

In 2017, an appellate court affirmed a total award of $1.55 million following a 6-week jury trial that he first-chaired in a sexual harassment and retaliation case.

In 2015, Brian secured his client’s right to bring a sexual harassment and retaliation claim in another appellate court victory.

In 2013, Brian argued before the Court of Appeals for the Second Circuit in a landmark victory that reinforced the broad protections of the New York City Human Rights Law for victims of employment discrimination. Brian has testified before the New York City Counsel on a proposed amendment to expand employee rights under the New York City Human Rights Law, which was ultimately successful.

In addition to his established litigation track record, Brian negotiates severance agreements, employment contracts, non-compete and confidentiality agreements, and counsels employees who are subjected to discrimination in the workplace. He has been with Schwartz Perry & Heller since his graduation from Fordham Law School in 2001. He was made a partner of the firm in 2007 and named partner in 2016.

Brian is frequently quoted in national and local newspapers and has appeared on various television news programs in New York City. He is a member of the Bar Association of the City of New York, where he serves on the Employment Law Committee and volunteers with the Monday Night Law program, providing pro bono legal assistance to the community. He is also a member of the National Employment Lawyers Association of New York and the New York State Trial Association. He actively lectures and publishes articles on the field of employment law for programs sponsored by the New York County Lawyers' Association, National Employment Lawyers Association, Lawline, and the Marino Institute for Continuing Legal Education, where he prepares students for the employment law portion of the bar exam required by various states.

During law school, Brian served on the Fordham Urban Law Journal and as a mediator in the Bronx Small Claims Court. He is a Phi Beta Kappa graduate of Pennsylvania State University.

“Most people feel they have no say in the workplace,” Brian says. “They feel that it’s best to stay silent and hope the boss leaves them alone. We help give people a voice to fight back.”

Education

• J.D., Fordham University School of Law, 2001
• B.A., with Distinction, Pennsylvania State University, 1998
  • Phi Beta Kappa

Jurisdictions Admitted to Practice

• New York, 2002
• U.S. District Court, Southern District of New York, 2002
• U.S. District Court, Eastern District of New York, 2002
• U.S. Court of Appeals, Second Circuit, 2008
• United States Supreme Court, 2018

Honors & Awards

• Super Lawyers, New York Metro Area (since 2013)
• Super Lawyers, New York Metro Area — Rising Star (2012)
• Fordham Archibald M. Murray Award for Public Service (2000)

Publications & Lectures

• “Litigating Wrongful Termination Claims in New York,” New York City Bar Association (Panelist, June 28, 2022)
• “Age Discrimination in the Legal Profession,” New York City Bar Association (Panelist, June 6, 2022)
• “Know Your Forum for Discrimination Cases,” New York City Bar Association, Employment Law Institute (Lead Panelist, March 4, 2022)
• “Pregnancy and Parental Rights in the Workplace: Best Practices During Times of Change,” New York City Bar Association (Panelist, January 24, 2022)
• “A Solo and Small Law Firm Guide to Reopening,” New York City Bar Association (Panelist, September 30, 2021)
• “Issues In The Workplace: From Covid To Delta,” Marcum Webinar (September 23, 2021)
• “Drafting Separation Agreements In Employment Matters,” New York City Bar Association (Panelist, May 5, 2021)
• “COVID-19 – Vaccines, Remote Working and Leave Issues,” Schwartz Perry & Heller Webinar (April 22, 2021)
• “COVID-19 & Workplace Accommodation Considerations,” New York City Bar Association, Employment Law Institute (Panelist, March 4, 2021)
• “Employment Law, Diversity & Implicit Bias,” New York School of Interior Design (Presenter, October 16, 2020)
• “Employment Law in the Time of COVID-19,” New York County Lawyers Association (Panelist, June 11, 2020)
• “Employment Laws in the Wake of COVID-19,” TJCCNA Law Forum (Presenter, April 18, 2020)
• “Freelance Workers’ Rights,” The Newswomen’s Club (Presenter, May 20, 2019)
• “Age Discrimination In The New Decade,” New York City Bar Association, Employment Law Institute (Lead Panelist, March 6, 2020)
• “Hot Topics In Employment Law: The Great Debate,” New York County Lawyers Association (Panelist, March 12, 2019)
• “Mandatory Arbitration: Cage Match,” New York City Bar Association, Employment Law Institute (Panelist, March 8, 2019)

• “Diversity, Inclusion and the Elimination of Bias: Litigation Avoidance for Attorneys (Pt 1) and Employment Discrimination: An Overview (Part 2),” New York County Lawyers Association (Co-Presenter, November 28, 2018)
• “Diversity, Inclusion and the Elimination of Bias” National Law Institute (Co-Presenter, August 10, 2018)
• “Harassment in the Workplace 20 Years After Faragher,” Thompson-Reuters Expert Analysis (Co-Author, February 28, 2018)
• “Is It My Age?” Career>Connect at the Westchester JCC, (Presenter, January 17, 2018)
• “Bridge the Gap: Employment Discrimination & Sexual Harassment – A Complete Overview” (Co-Author & Presenter, Marino Institute for Continuing Legal Education, March 13, 2016)
• Testimony before the New York City Council regarding proposed amendments to the New York City Human Rights Law (December 9, 2015)
• “Ageism in Employment: A High-Tech Trend?” (Co-Author & Presenter, West LegalEdcenter, July 24, 2014)
• “Sexual Harassment & The New York City Human Rights Law” (Lawline.com, April 24, 2012)
• “Day in The Life of an Employment Lawyer: Plaintiff’s Side” (Lawline.com, February 1, 2012)
• “A Day in the Life of an Employer Law Office” (New York County Lawyers Association, February 1, 2012)
• “The Great Employment Debate” (Co-Author, New York County Lawyers Association, October 2, 2011)
• “Issues and Insights in Employment Discrimination Cases from the Plaintiff’s Side” (New York County Lawyers Association, January 14, 2010)
• “Critical Issues in Contemporary Employment Law” (Lawline.com, July 23, 2009)
• “Employment Discrimination in the Workplace: How to Handle and Negotiate an Employment Discrimination Claim” (Presenter, Marino Institute for Continuing Legal Education, December 6, 2008)
• “The Great Employment Debate — Are Age Discrimination Laws Necessary?” (Co-Author & Presenter, New York County Lawyers' Association, October 6, 2008)
• “Investigating Liability & Assessing Damages in Employment Law Claims: Identifying Methods That Have Proven Successful in Negotiating Claims” (Co-Author & Presenter, New York City Bar Association, August 12, 2008)
• “How to Effectively Commence an Employment Discrimination Claim” (Co-Author, New York County Lawyers' Association, August 7, 2008)
• “An Introduction to Employment Law” (Presenter, Marino Institute for Continuing Legal Education, April 5, 2008)
• “Getting the Most Out of Your Case” (Co-Author & Presenter, Marino Institute for Continuing Legal Education, March 10, 2007)
• “Getting the Most Out of Your Case” (Co-Author & Presenter, Marino Institute for Continuing Legal Education, February 15, 2007)
• “Trial Strategies That Work” (Co-Author & Presenter, Marino Institute for Continuing Legal Education, December 10, 2006)
• “How to Handle and Negotiate Your First Employment Discrimination Case” (Presenter, Lawline.com, September 16, 2006)
• “Litigating Harassment Claims: Strategies for Success — Counseling and Case Selection” (Co-Author, National Employment Lawyers Association, March 11-12, 2005)
• “Sexual Harassment in the New Millennium” (Co-Author, National Employment Lawyers Association, 13th Annual Convention, 2003)
• Co-Presenter at ACI’s 31^st National Conference on Employment Practices Liability Insurance on January 24, 2023 on “The View from the Plaintiff’s Bar: The Latest Trends and Claims Coming Down the Pipeline”