Bryan Arce is a New York City employment discrimination attorney and a Managing Partner at the law firm of Phillips & Associates. Mr. Arce is committed to representing workers who have been subject to harassment and other misconduct, such as wage and hour violations. Through his prior law firm, Mr. Arce and his associates have been part of million dollar plus verdicts - Including a $1.6 million verdict, a $2.5 million verdict, a $2.2 million verdict, and a $4.25 million verdict. Unlike many other litigators, Mr. Arce has first-hand experience with these violations. He spent 12 years working as a chef in the food service and hospitality industry, and he understands the kinds of harm that may result.
Mr. Arce, originally from Torrance, California, grew up in Holmdel, NJ, and attended college at the University of Michigan. He obtained a Bachelor of Arts in 1993. After his time working as a chef, he attended Brooklyn Law School, obtaining a Juris Doctorate in 2009. He worked as a Judicial Intern at the Equal Employment Opportunity Commission (EEOC) for the Honorable Erin M. Stilp, an experience that gave him insight into the administrative and judicial processes and how judges evaluate workplace discrimination and wrongful termination cases.
The EEOC is the governmental body responsible for enforcing federal anti-discrimination laws, including those that prohibit discrimination and retaliation on the basis of national origin, race, color, sex, religion, disability, genetic information, and age. Laws enforced by the EEOC include Title VII of the Civil Rights Act, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, and Title I of the Americans with Disabilities Act.
The EEOC is authorized to investigate employees' charges of discrimination against any employers covered by the pertinent laws. It is also empowered to make findings about whether discrimination has occurred and to try to settle the charge, or to file a lawsuit at its discretion. It offers guidance about how the laws should be applied to different kinds of workplace situations. For example, it recently explained that "sex discrimination," outlawed by Title VII, covers not only sex discrimination but also gender identity and sexual orientation discrimination.
Most employers that have a minimum of 15 employees, as well as employment agencies and labor unions, are covered by some of the laws enforced by the EEOC. Under the Age Discrimination in Employment Act of 1967, for example, workers who are 40 years old or older are protected from age discrimination if an employer has a minimum of 20 employees. It is unlawful under the ADEA to discriminate against workers due to their advanced age with regard to hiring, promotion, layoffs, benefits, job assignments, or firing. However, it is permissible to favor an elderly worker based on his or her age, even if this results in adverse effects for a worker under the age of 40.
Mr. Arce founded his own firm in 2011, focusing on fighting for employees in New York, New Jersey, Washington, D.C., and Pennsylvania who could not fight for themselves. He is admitted to practice in those states, as well as the Southern District of New York, the Eastern District of New York, the District of New Jersey, the Eastern District of Pennsylvania, the Western District of Pennsylvania, and the Second Circuit. He then joined Phillips & Associates as an employment law attorney to continue his work for employees.
Mr. Arce is a member of various associations, including NELA/NY, NITA, NYSBA, and PBA. He is fluent in Spanish and German and enjoys teaching his son Spanish.