Picture of D. Maimon Kirschenbaum

D. Maimon Kirschenbaum

Partner
maimon@jhllp.com
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Phone: (212) 688-5640
Fax: (212) 688-2548

233 Broadway
5th Floor
New York, New York 10279

Maimon Kirschenbaum is an experienced and nationally recognized wage-hour class action lawyer and has brought over 100 successful actions on behalf of tens of thousands of victims of wage theft by their employers. His representation of hospitality workers in one recent case resulted in the largest payment of any reported wage and hour lawsuit in the New York food service industry. Described in the press as the “wunderkind of the plaintiff’s bar” and the “patron saint of stiffed waiters,” and by his adversaries as “thorn in the restaurant industry’s side,” “notorious,” “ infamous” and the “scourge of restaurateurs,” he has recovered tens of millions of wages and tips stolen from workers in the hospitality industry and is considered a leading attorney in this niche. In addition, Maimon has successfully fought and continues to fight against wage theft in many other industries including finance, entertainment and construction. In addition to class actions, Maimon represents individual workers who have faced sexual harassment, workplace discrimination and whistleblower retaliation.

Often asked to speak publicly about wage theft, Maimon’s work draws frequent media attention, including from The New York Times, The Wall Street Journal, The New York Post, The New York Daily News, Eater.com, Crain's New York Business, New York Magazine, the International Herald Tribune, The American Lawyer, Fox Business News, TMZ.com and CNN. Maimon has earned a reputation for aggressiveness, creativity and personal devotion to his clients, most of whom are low wage earners and are often undocumented.

Education

J.D. , Fordham University School of Law , 2005
Cum Laude
Fordham University Urban Law Journal

Jurisdictions Admitted to Practice

U.S. District Court, Southern District of NY, 2005
U.S. District Court, Eastern District of NY, 2006
New York State Court, 2005

Professional & Bar Association Memberships

National Employment Lawyers Association

New York State Trial Lawyers Association

Reported Decisions

 

Shahriar v. Smith & Wollensky Restaurant Group, 659 F.3d 234 (2d Cir. 2011) (federal opt-in overtime collective actions and state law opt-out class actions can be heard in same suit).

Braunstein v. Blue Hill at Stone Barnes, 2009 WL 849589 (S.D.N.Y. 2009) (denying motion for summary judgment by prominent New York restaurant on claims of hostile work environment, sexual discrimination and retaliation).

Williams v. Twenty Ones, Inc., 2008 WL 2690734, (S.D.N.Y. 2008) (conditional certification for wage/hour and tip violations at high-end hip-hop club in Manhattan)

Fasanelli v. Heartland Brewery, 516 F. Supp 2d 317 (S.D.N.Y. 2007) (collective certification for wage/hour and tip violations for hundreds of employees working at six locations).

Spicer v. Pier Sixty LLC, 269 F.R.D. 321 (S.D.N.Y. 2010) (denying defendant's motion for summary judgment and granting plaintiff's motion for class certification).

Ghaffar v. Willoughby 99 Cent, Inc., 2010 LEXIS 88888 (E.D.N.Y.) (granting plaintiff's motion for summary judgment in employment case).

Pefanis v. Westway Diner, Inc., 2010 LEXIS 93180 (S.D.N.Y.) (denying restaurant's motion for summary judgment and decertification of class/collective action)

Gomez v. Brill Sec., Inc., 943 N.Y.S.2d 11 (1st Dep't 2012) (overtime and kickback litigation on behalf of stockbrokers could proceed as class action despite FINRA arbitration agreements).