Scott P. Horton is a Partner in the Firm’s Labor & Employment and E-Discovery & Records Management practice groups. He concentrates his practice in the representation of private and public sector employers, advising them with respect to federal and state employment laws, including Title VII, the Family and Medical Leave Act, the Fair Labor Standards Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the New York State Human Rights Law, and the federal and New York State WARN Acts.
His practice includes employment-related litigation before federal and state courts. He also represents employers in administrative agency proceedings, including before the New York State Division of Human Rights, the National Labor Relations Board, the New York State Public Employment Relations Board, and the United States Equal Employment Opportunity Commission. He is a frequent lecturer on a wide range of labor law topics, with particular emphasis on the implications of social media in the workplace.
University of Virginia (B.A., with distinction, 2002), Phi Beta Kappa; University of Virginia School of Law (J.D., 2005); Editorial Board, Virginia Law Review; Executive Editor, Virginia Journal of Sports and Entertainment Law.
Principal Area(s) of Practice:
- Speaker, We're Going to Court . . . What Happens Now?
- Speaker, Employment Practices and Social Media, NYSBA Continuing Legal Education Seminar
- Off the Clock, but on the Job: Overtime Issues in the Modern Workplace
Memberships & Offices:
- American Bar Association (Labor & Employment Section)
- New York State Bar Association (Labor & Employment Section)
- Bar Association of Erie County (Labor Law Committee)
- Organization of Public Employer Negotiators
- Labor and Employment Relations Association of Western New York
- New York State Public Employer Labor Relations Association
- National Association of College and University Attorneys
- Social Media Club of Buffalo
- Leadership Buffalo Rising Leaders Program (Class of 2011)
Member, ProZoo Board of the Buffalo Zoo
Mentor, Bennett High School Law Magnet Program
Awards & Achievements:
Listed, "Who's Who in Law," Published by Business First of Buffalo
Listed, New York Super Lawyers
New York State Issues New Regulations on Wage Deductions
Dec-05-2013 — The New York State Department of Labor’s (“DOL”) final regulations regarding deductions from wages pursuant to Section 193 of the New York Labor Law (“Section 193”) took effect October 9, 2013. Consequently, employers can now implement the statutory amendments to Section 193 that were enacted late last year. The DOL had taken the position that employers should operate in accordance with the pre-amendment version of Section 193 until it issued these final regulations (“Regulations”).
October 1st Deadline Approaches for Affordable Care Act Exchange Notices
Sep-25-2013 — The Affordable Care Act (“ACA”) requires that all employers covered by the Fair Labor Standards Act provide each current employee with a written notice (“Notice”) describing the employee’s health insurance options, including coverage on a health insurance exchange or marketplace. The Notice must be provided on or before October 1, 2013. In addition, new hires must be provided with the Notice within 14 days after the date of hire (potentially before an employee’s first day of work).
Social-media ownership still a gray area: Buffalo Law Journal Features Scott Horton
Dec-13-2012 — Social-media ownership still a gray area: Buffalo Law Journal Features Scott Horton with comments on what this means for employers.
New York State Expands List of Permissible Employee Wage Deductions
Sep-10-2012 — On September 7, 2012, New York State Governor Andrew Cuomo signed into law a bill that amends Section 193 of the New York Labor Law ("Section 193"). Section 193 generally prohibits covered employers from making deductions from the wages of their employees, with limited exceptions. The amendments expand the categories for which employers may make deductions from wages,
NLRB General Counsel Issues Third Social Media Report: He Probably Doesn't "Like" Your Company's Policy
Jul-02-2012 — On May 30, 2012, the Acting General Counsel ("GC") of the National Labor Relations Board ("NLRB" or "Board"), Lafe Solomon, issued his third report on social media cases brought before the agency ("Report"). In two earlier reports the GC discussed an array of NLRB cases involving social media. The most recent Report focuses exclusively on employer policies that address the use of social media by employees.
Steven J. Ricca and Scott P. Horton featured in Buffalo Law Journal Special Report on Social Media
Feb-21-2012 — Scott P. Horton and Steven J. Ricca provided their insights on the legal profession's use of social media in a Buffalo Law Journal Special Report.
REMINDER: Annual Notices Required Under New York's "Wage Theft Prevention Act"
Dec-16-2011 — In December 2010, New York enacted the "Wage Theft Prevention Act" (the "Act"), which amended various significant provisions of the New York Labor Law effective April 2011. The Act added new affirmative obligations for employers and increased the costs of non-compliance. The Act applies to all New York employers (except governmental agencies, which are not subject to the requirements of the applicable Labor Law provisions).
Risk and rewards substantial for social media users featuring Scott P. Horton
Mar-14-2011 — Featured in Buffalo Law Journal - One only needs to scan the local news to witness the way changes in technology incrementally alter people's actions and the corresponding consequences. Over time, individuals and organizations embrace (or reject) the changes and modify their behaviors. Legal considerations play a prominent role in the adjustment process.
New York's "Wage Theft Prevention Act" Imposes Sweeping Changes on State Labor Law
Feb-03-2011 — In December 2010, then-New York Governor David Paterson signed into law the "Wage Theft Prevention Act" (the "Act"), which amended significant provisions of the New York Labor Law. The Act operates as a double-edged sword to private sector employers in New York, both adding new affirmative obligations and increasing the costs of non-compliance.
Social Media in the Workplace is Both a Blessing and a Curse
Nov-12-2010 — While online social networking websites may have initially targeted high school and college students, they have rapidly expanded to all demographics. More importantly, they’ve reached even the largest corporations and a broad array of smaller companies and not-for-profit organizations of all shapes and sizes. Today businesses from Wall Street to Main Street have established presences in social media.
Scott P. Horton featured in Business First Article - Social media legal side has biz implications
May-18-2010 — What might seem like an innocent status update on Facebook or a tweet on Twitter could carry significant legal consequences, according to Scott Horton, an attorney with Jaeckle Fleischmann & Mugel LLP who specializes in the legal navigation of social media. Read more: Social media legal side has biz implications - Business First of Buffalo
New York State Alters Guidance to Employers Regarding New Hire Wage Notices
Feb-22-2010 — Since the amendment to Labor Law § 195(1) took effect, the New York State Department of Labor ("NYSDOL") has issued a series of directives to employers. The NYSDOL has not been consistent in its approach, likely creating understandable confusion among employers in trying to comply with the law. This Alert summarizes the current status of the NYSDOL's guidelines regarding the new hire wage notices. Of particular significance is new administrative guidance requiring that employers advise any em
Tear Down the Rumor Mill - Article Features Scott P. Horton
Feb-11-2010 — From Monster.com - Office gossip can hurt individuals, stunt careers and damage corporate reputations. Learn how many companies are taking a harder line toward the rumor mill.
Mandatory Wage Acknowledgement Forms Issued by New York State
Nov-03-2009 — As discussed in a prior Alert, Governor Paterson signed a law on July 28, 2009, amending § 195(1) of the New York State Labor Law. Effective October 26, 2009, § 195(1) now requires employers (other than governmental agencies) to have newly hired employees sign acknowledgements that they have received written notice of their wage rates, including overtime rates for non-exempt employees. This Alert provides critical new information regarding employers' compliance with § 195(1).
New York State Changes Minimum Wage and Overtime Laws
Aug-28-2009 — Recent amendments to New York State's Minimum Wage Orders and Labor Law will require most employers in the state to review and modify their employee compensation practices. The revised requirements affect both current employees and new hires.
Recent Amendments to the New York State Human Rights Law
Aug-28-2009 — New York State Governor David A. Paterson recently signed amendments to the New York State Human Rights Law ("NYSHRL"). The amendments have expanded both the scope of protection afforded employees and the potential costs of violations by employers.
Twenty-Two Jaeckle Fleischmann Attorneys Named "Super Lawyers"
Aug-16-2013 — Jaeckle Fleischmann announces that twenty-two of the Firm's attorneys have been named to the Super Lawyers list for 2013. Published annually by Thomson Reuters, Super Lawyers is a rating service of attorneys from more than 70 practice areas
Scott Horton to Present at State Human Resource Convention
Aug-09-2013 — Scott P. Horton will serve as a presenter at the New York State Society for Human Resource Management Conference taking place September 15 through September 17, 2013 at the Buffalo Convention Center. Mr. Horton will present on the topic of "We're Going to Court . . . What Happens Now?” on Monday, September 16th. For more information, visit www.nysshrm.org.
Scott Horton to Co-Chair Buffalo Zoo Fundraiser
Jun-24-2013 — Partner Scott P. Horton will serve as Co-Chair of "Wines in the Wild" a fundraiser to benefit the Buffalo Zoo's Adopt an Animal Program. The event will take place on Wednesday, July 24th from 6:00 - 9:00 PM at the Buffalo Zoo, 300 Parkside Ave., Buffalo. For more information or to or to purchase tickets, call 995-6131 or visit www.buffalozoo.org.
Scott Horton to Present on Social Media at NYSBA CLE
May-08-2013 — Scott P. Horton will serve as a presenter at a New York State Bar Association Continuing Legal Education seminar on Friday, May 10th at the Holiday Inn Amherst. Mr. Horton will present on the topic of "Employment Practices and Social Media.” For more information, visit www.nysba.org/events.
Jaeckle Fleischmann Attorneys Named "Who's Who In Law"
Sep-28-2012 — Jaeckle Fleischmann & Mugel, LLP, a full service corporate law firm, reports that the Firm had a commanding presence in "Who's Who in Law," an annual feature by the Business First of Buffalo, in which attorneys practicing in the 8th Judicial district nominate their peers as leaders in the legal community.
Jaeckle Fleischmann Names Scott P. Horton Partner
Feb-19-2012 — Jaeckle Fleischmann is pleased to announce that Scott P. Horton has been named Partner. Mr. Horton is member of the Firm's Labor & Employment and E-Discovery & Records Management practice groups.
Scott Horton to Present on Workplace Harassment at New York State Conference
Jul-22-2011 — Scott P. Horton served as a presenter on the topic of "Workplace Harassment & Bullying in the Workplace" at the New York State Public Employer’s Labor Relations Association (NYSPELRA) 37th Annual Training Conference in Saratoga Springs, NY.