Brian Heller

Partner

Brian Heller, a Partner of Schwartz Perry & Heller, LLP, is one of New York City’s leading trial lawyers in the field of employment law in New York City. Brian Heller is a Partner at Schwartz Perry & Heller, LLP and one of New York City’s leading trial lawyers in the field of employment law. Over more than two decades, he has secured multiple seven-figure verdicts, shaped landmark appellate decisions, and earned a reputation for an unmatched command of New York employment law.

In November 2025, Brian was named to the Top 100 Super Lawyers in New York, recognizing his longstanding record of success and leadership in the field.

Brian has spent his entire career at Schwartz Perry & Heller, joining the firm after graduating from Fordham Law School in 2001. He became a partner in 2007 and a named partner in 2016. He has extensive experience with all aspects of employment law, including discrimination, sexual harassment, reasonable accommodations, severance agreements and non-competes, breach of contract, fraudulent inducement, and workplace torts.

It is difficult to read a decision in a New York employment law case that does not mention a case that Brian handled. These cases include: reinstating a client’s case before the Second Circuit in 2025 in a case involving diversity-training practices; a 2019 Second Circuit victory resulting in a milestone case affirming the rights of victims of age discrimination; and a precedent-setting 2013 argument before the Second Circuit that reinforced the broad protections of the New York City Human Rights Law.

Brian is known for being unafraid to take cases to trial. His trial results include: a judgment of $1.55 million following a six-week jury trial in a sexual harassment case; a seven-figure verdict in a retaliation case in federal court; and a substantial award in a FINRA arbitration involving race discrimination.

Brian is frequently quoted in national and local news outlets. He is a member of the New York City Bar Association, where he has served on the Employment Law Committee and has volunteered with the Monday Night Law program, providing pro bono legal assistance to the community. He has testified before the New York City Council in support of amendments expanding employee rights under the New York City Human Rights Law, which were ultimately adopted. He has also worked with the Marino Institute for Continuing Legal Education to prepare students for the employment law component of various state bar exams.

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, 1998.

“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”