Barclay Damon
Barclay Damon

Buster 
     Melvin

Buster Melvin

Partner

p: 315.425.2783

f: 315.703.7328

icon_email emelvin@barclaydamon.com
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Syracuse Office

Barclay Damon Tower
125 East Jefferson Street
Syracuse, New York 13202

Buster is Barclay Damon’s higher education team leader. He primarily concentrates his practice on labor and employment matters and has extensive experience representing clients in state and federal court at the trial and appellate levels. He also represents clients before the NYS Division of Human Rights, the Equal Opportunity Commission, the Public Employment Relations Board, the National Relations Labor Board, and in labor-arbitration hearings.

Buster routinely lectures and provides training sessions for clients on a wide array of labor and employment issues.

Representative Experience

  • Obtained summary judgment on behalf of a manufacturer in racial discrimination and retaliation action in federal court.
  • Obtained injunctive relief on behalf of a large regional bank in noncompetition and nonsolicitation action against two former bank employees in state court, resulting in a favorable resolution.
  • Successfully represented an international aluminum manufacturer in obtaining the dismissal of Section 10(j) action brought in federal court by Region Three of the National Labor Relations Board.
  • Successfully represented one of the Northeast’s largest trucking companies in obtaining the dismissal of Section 10(j) action brought in federal court by Region Three of the National Labor Relations Board.
  • Obtained summary judgment on behalf of a medical-supplies corporation in False Claims Act action brought in state court.
  • Obtained summary judgment on behalf of county and municipal defendants in Section 1983 action involving First Amendment and false-arrest claims in federal court.
  • Successfully defended a client in a preliminary-injunction hearing held in federal court involving nondisclosure and nonsolicitation issues in action brought by a national professional-recruiting company.
  • Defended a large hospital in wage-and-hour meal-break class and collective action in federal court that resulted in class-wide resolution.
  • Represented municipalities in binding-arbitration proceedings involving local police unions.

Practice Areas

Education

  • Syracuse University College of Law, J.D., 1996
  • Holy Cross College, 1993

Admitted To Practice

  • New York, 1997
  • Connecticut, 1997
  • U.S. Court of Appeals, 2nd Circuit
  • U.S. District Court, Northern, Southern, Eastern and Western Districts of New York
  • U.S. District Court, District of Connecticut

Memberships & Affiliations

  • Federal Court Bar Association for the Northern District of New York
  • New York State Bar Association
  • Onondaga County Bar Association
  • National Association of College and University Attorneys

Civic Activities

  • L'Arche Syracuse, Board Member
  • Vera House Foundation, Inc., Board Member
  • St. Lucy's Church, Former Parish Council President
  • Catholic Lawyers Guild, Former President
  • McMahon/Ryan Child Advocacy Site, Former Board Member

Speaking & Publications

  • AIG, “Northeast Zone: Syracuse Employment Practices Liability & Excess Casualty”
  • Barclay Damon Higher Ed Seminar, “Fair Labor Standards Act, Higher Education, Employee Classification, and Pay Issues”
  • Barclay Damon Higher Ed Seminar, “Putting the Pieces Together: What Every Employer Needs to Know About FMLA and the ADA”
  • St. Lawrence Valley Human Resources Management Association, “Wage-and-Hour Update”
  • Northern District of New York Federal Court Bar Association, “Representing Your Client in the Northern District of New York”

Honors

  • Selected to Super Lawyers Upstate New York: Labor & Employment, 2008-2018
  • Martindale-Hubbell AV Peer Review Rated for Very High to Preeminent Ethical Standards and Legal Ability

Prior Experience

  • Hiscock & Barclay, LLP, Partner
  • Costello, Cooney & Fearon, Partner
  • US District Court for the Northern District of New York to Judge Frederick Scullin Jr., Law Clerk

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