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BusterMelvin

He | Him | His

Partner

". . . great to work with . . . super responsive," "I would highly recommend Buster for any labor or employment law issues." —Clients in Chambers & Partners

Overview

Biography

Buster is a Chambers USA-ranked labor and employment attorney with extensive experience representing clients in labor and employment matters in state and federal court at the trial and appellate levels. He also represents clients before the NYS Division of Human Rights, the Equal Employment Opportunity Commission, the Public Employment Relations Board, the National Labor Relations Board, and in labor-arbitration hearings. 

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

Buster also serves as co-chair of Barclay Damon’s Higher Education Practice Area. In addition to day-to-day counseling and litigation, Buster conducts investigations for institutions of higher education regarding student, staff, and faculty misconduct matters as well as under Title IX.

Outside his practice, Buster serves as chair of Barclay Damon's Associates and Associate Integration Committees.

Bar Associations

  • Federal Court Bar Association for the Northern District of New York
  • New York State Bar Association
  • Onondaga County Bar Association

Selected Memberships & Affiliations

  • National Association of College and University Attorneys
Experience

Representative Experience

  • Obtained summary judgment and dismissal of a Title IX claim brought by a former student against a university in federal court.
  • Obtained summary judgment on behalf of a manufacturer in a racial discrimination and retaliation action in federal court.
  • Obtained injunctive relief on behalf of a large regional bank in a noncompetition and nonsolicitation action against two former bank employees in state court, resulting in a favorable resolution.
  • Obtained dismissal of a Rehabilitation Act claim brought against a university in federal court.
  • Obtained summary judgment and dismissal of a breach of contract action brought by a former partner-physician of a cardiology practice.
  • Counseled solar and hydro companies regarding prevailing wage and apprentice requirements under the Inflation Reduction Act.
  • Successfully defended a client in a preliminary-injunction hearing involving nondisclosure and nonsolicitation issues in an action brought by a national professional-recruiting company in federal court.
  • Defended a large hospital in a wage-and-hour meal-break class and collective action in federal court that resulted in a class-wide resolution.
  • Represented municipalities in binding-arbitration proceedings involving local police unions.
  • Obtained dismissal of an overtime wage and hour class action involving meal breaks in state court.

Prior Experience

  • Hiscock & Barclay, LLP, Partner
  • Costello, Cooney & Fearon, Partner

Judicial Clerkships

  • US District Court for the Northern District of New York, Judge Frederick Scullin Jr.

Selected Community Activities

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

Selected Honors

  • Chambers USA, Upstate New York: Labor & Employment, 2023–2025
  • The Best Lawyers in America®: Litigation – Labor and Employment, 2021–2025
  • Selected to Super Lawyers Upstate New York: Employment & Labor, 2008, 2010–2024
  • Martindale-Hubbell AV Preeminent Peer Review Rated for Very High to Preeminent Ethical Standards and Legal Ability
Knowledge

Selected Speaking Engagements

  • Barclay Damon LLP, Inaugural New York Labor & Employment Law Conference, "The Devil's in the Payroll Details: Hidden Traps in Wage & Hour Laws"
  • AIG, "Northeast Zone: Syracuse Employment Practices Liability & Excess Casualty"
  • Barclay Damon LLP, Higher Ed Seminar, "Fair Labor Standards Act, Higher Education, Employee Classification, and Pay Issues"
  • Barclay Damon LLP, Higher Ed Seminar, "Putting the Pieces Together: What Every Employer Needs to Know About FMLA and the ADA"

Selected Alerts & Blog Posts

Featured Media

Alerts

NYS Appellate Court Holds Family Members Are Not Bound by Arbitration Agreement Signed by Deceased Relative

Alerts

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Milagros Senior, Sylinia Jackson, Edery Herrera, Henry Tucker, and Carlton Knowles—Targeting Businesses in Recent Flurry of Lawsuits

Alerts

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Phyllis Hampton, Nicolas Grant, Windy Lucius, Jesus Gonzalez, and James Watson—Targeting Businesses in Recent Flurry of Lawsuits

Alerts

New York PSC Grants 30-Day Extension for NYSERDA to File First Bulk Energy Storage Solicitation

Alerts

Supreme Court Broadens Scope of Religious Exemption From State Regulation

Alerts

Senate Changes to Tax Bill Fall Short of Saving Credits for Clean Power