Gary S. Young is a Partner in Mandelbaum Barrett PC’s Corporate, ERISA Practice and Employment Law Groups where he utilizes his lengthy legal experience to provide clients with a unique perspective on ERISA, tax and employment matters. In addition to his strong regional presence, his business law practice has extended to clients around the world and geographical locations that include the United Kingdom, The Netherlands, Luxembourg, Germany, Switzerland, Italy, the Czech Republic, Korea and Japan.

Beginning his career as a traditional labor law attorney, he provides employment law advice to private sector employers on subjects such as wage & hour compliance, workplace harassment, FMLA, etc. His labor law experience and extensive ERISA knowledge allows him to successfully represent contributing employers to multi-employer plans in withdrawal liability issues and strategies.

Gary advises clients on a broad range of benefit plan issues to include compliance, plan transfers, mergers, terminations, fiduciary responsibility, executive compensation, non-qualified deferred compensation arrangements (IRC 409A) and ERISA related litigation. His extensive ERISA experience has also proved to be invaluable in corporate mergers and acquisitions, where assists by conducting necessary due diligence and attending to closing and post-closing issues.

Gary represents clients before the Internal Revenue Service, Department of Labor and other governmental agencies. This includes assisting clients with the plan corrections procedures of the IRS (EPCRS) and the DOL (VFCP). In recent years, he has lectured and advised clients on fiduciary responsibility to include compliance under ERISA Sections 404, 406 and 408.

Since 1996, Gary has served as the Outside General Counsel for the New Jersey Restaurant and Hospitality Association, and is often called upon to speak on behalf of issues affecting the restaurant and hospitality industries in New Jersey.

  • Essex County Bar Association
  • New Jersey State Bar Association

  • New York, 1974
  • New Jersey, 1975
  • U.S. Court of Appeals, Second Circuit
  • U.S. District Court, District of New Jersey

  • Brooklyn Law School, J.D.
  • University of Pennsylvania, B.A.

Opinion: Tip Credit Elimination Act

August 10, 2023

Earlier this year, Washington D.C. began implementing its Tip Credit Elimination Act, which will gradually reduce the tip credit, eliminating it altogether by 2027 In this respect, Washington D.C. is not alone. In recent years, legislatures across the country have moved to eliminate the tip credit granted to businesses with tipped employees to fulfill their […]
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Op-Ed: Has NJ’s revised WARN Act metastasized into an anti-business job killer?

April 14, 2023

In his op-ed piece for NJ spotlight, Gary Young discussed the revised NJ WARN Act, also known as the "mini-WARN Act." The revised Act came into effect on April 10 and has the potential to be an anti-business job killer. In his article, Young highlights some of the Act's key features, including increased notice obligations, mandatory severance, and lower thresholds to trigger WARN.
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New Jersey’s 2020 WARN Act Amendments: A Comprehensive Look at the Changes to Employer Obligations and Liabilities

January 27, 2023

The NJ WARN Act requires employers to provide advance notice to employees in the event of a plant closing or mass layoff. In 2020, radical changes were made to the law, expanding the definition of "employer" and "mass layoff", adding obligations in the event of a "change of control", and expanding the definition of "establishment". The amendments will take effect on April 10, 2023, making more employers subject to the law and potentially exposing owners and decision-makers to individual liability.
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FTC PARTISANSHIP OVERCOMES REASON AND THE RULE OF LAW

January 23, 2023

There is a well-known saying: “If it’s not broken, don’t fix it.”  On January 5th, the Federal Trade Commission (FTC) published a controversial, Proposed Rule banning employment agreement non-competes in an apparent abuse of power. It is alleged that the FTC’s action was taken to satisfy Big Labor’s request for assistance by bolstering its appeal […]
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Controversial California Law is Pushed Forward Despite Referendum Pause

January 13, 2023

The Fast-Food Accountability and Standards Recovery Act (FAST) was signed into law in California on September 5, 2022. The 10-member council, including union activists, is authorized to set minimum wages and other working conditions for non-unionized fast-food workers. Non-unionized employers face an immediate minimum wage increase to an unprecedented $22/hour and exposure to lawsuits. The law has raised constitutional concerns and will likely face legal challenges. Mandelbaum Barrett PC is ready to review the implications of FAST for the New Jersey Hospitality Industry.
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Restaurants and Those in the Hospitality Business Should Not Rely on Faulty Understandings of Wage & Hour Laws

November 2, 2022

Employers in the restaurant and hospitality industries must be aware of the risks associated with tip pooling. Non-compliance with wage and hour laws can result in significant financial penalties. Key areas to pay attention to include properly informing employees, correctly implementing tip pooling, and paying overtime to tipped employees. By understanding and adhering to the law, employers can mitigate the risks associated with tip pooling practices.
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Gary Young, Esq. and Brent Pohlman, Esq. to present webinar for NJ Restaurant & Hospitality Association

February 1, 2022

Mandelbaum Barrett PC Employment Law partners Gary Young, Esq. and Brent Pohlman, Esq. will be presenting a Wage and Hour Law Webinar for the NJ Restaurant & Hospitality Association (NJRHA) on February 16th at 9am ET. Topics will include determining employment status, wage theft and tip pooling.
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Gary S. Young Will be Speaking at the World of the Latino Cuisine: Food Products and Beverage Trade Show

August 20, 2019

Gary S. Young, Member of the Firm's Employment and Labor Law Practice Group, will be speaking at the World of the Latino Cuisine: Food Products and Beverage Trade Show on September 25th at the Meadowlands Expo Center. Gary will be discussing the new laws on sexual harassment in the workplace and what you need to know in this changing environment. Since 1996, Gary has served as the General Counsel for the New Jersey Restaurant and Hospitality Association, and is often called upon to speak on behalf of issues affecting the entire restaurant industry in New Jersey and he is excited to share his knowledge of employment law with show attendees this year.
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Join Mandelbaum Barrett PC and Sobel Co., LLC for Retirement Plans: The Pros and Cons of a Pre-Approved Plan Breakfast Seminar

July 24, 2019

Attention Business Owners: You don't want to miss this informative program on Retirement Plans: The Pros and Cons of a Pre-Approved Plan being held at Mandelbaum Barrett PC on September 25th from 8:30 a.m. – 10:00 a.m. Join Mandelbaum Barrett PC and Sobel & Co., LLC for our breakfast seminar that will cover retirement plans from the legal and accounting perspective. Learn about best practices if you sponsor a qualified plan, prototype pre-approved plans, new IRS Correction Procedures and common plan issues identified by auditors.
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Gary Young Authors Op-Ed Piece for NJBIZ on Salary Scrutiny

June 19, 2019

Gary Young, a Member in Mandelbaum Barrett PC's Corporate and ERISA Practice Groups, explains how employers can ensure that their compensation practices comply with the state's equal pay law in his article featured in NJBIZ. Gary explains how the Diane B. Allen Equal Pay Act is significantly strengthening protections against employment discrimination by addressing equal pay for women and other protected categories.
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Gary S. Young Joins Mandelbaum Barrett PC's Corporate and Employment Practices

January 9, 2019

We are pleased to announce that Gary S. Young has joined the Firm as a Member in both the Corporate and ERISA and Employee Benefits Practice Groups. Gary has over 40 years of legal experience concentrating his practice on ERISA, employee benefits, executive compensation and assisting businesses and individuals with drafting business formation contracts and documents and advising on tax audit rules. Click here to read more.
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