New YorkNew York(NY) Xue, Benjamin B. Esq. personal infomation and areas of practice

New York New YorkXue & Associates, P.C. attorney Xue, Benjamin B. Esq. is a Very good lawyer practice area in Labor/Employment Law Commercial Litigation Landlord Tenant Litigation Contested Divorce ,Xue & Associates, P.C.

if you have any problem in Labor/Employment Law Commercial Litigation Landlord Tenant Litigation Contested Divorce ,please email to Xue & Associates, P.C. or call 917-503-9590 or Go to our company directly(addr:401 Broadway, Suite 1009 New York,NY) ,we will provide free legal advice for you.

• BENJAMIN XUE, ESQ. is the founder and principal of Xue & Associates, P.C. formerly the Law Offices of Benjamin B. Xue, P.C. Mr. Xue specializes in labor/employment law, commercial litigation, contested divorce, and landlord-tenant litigation. Mr. Xue currently serves as corporate counsel for dozens of domestic and international corporations. Mr. Xue has represented clients at all levels of the state courts of the State of New York and New Jersey, and has appeared on many matters before various U.S. District Courts and U.S. Circuit Courts of Appeals. Mr. Xue is involved in many high profile cases and has been interviewed by and featured in numerous publications.

  Mr. Xue's labor/employment practice mainly involves representing employers/employees in all aspects of labor and employment litigation, including:

  Fair Labor Standards Act and state wage law claims litigation, including collective and class actions.Representing employers in investigations conducted by federal and state labor departments, OSHA and other agencies.Representing employers before National Labor Relations Board, including union representation petitions and unfair labor practice charges.Implementation of workplace policies, including employee handbooks, EEO and wage and hour policies.Negotiation of general employment, separation/severance, commission and non-compete agreements.Workplace harassment and discrimination claims.Wrongful termination and retaliation claims.Advising businesses on labor and employment law compliance and litigation prevention.

  Mr. Xue's emphasis and insistence on compliance with wage and hour and other labor and employment laws and regulations have led to many successful results for his clients before federal and state administrative investigations and in federal and state courts. Several of Mr. Xue's successful representations are as follows:

  Successfully obtained unpaid wages and overtime payments on behalf of employees for over one million dollars.Successfully obtained a dismissal against a New York fashion house for unpaid overtime claims.Successfully obtained a dismissal of unpaid wage claims against a midtown Japanese restaurant by summary judgment motion.Successfully dismissed wage and hour law violation claims against a NJ commercial building owner.Significantly reduced a New York State Department of Labor minimum wage and overtime penalty against a downtown Manhattan business.Significantly reduced a U.S. Department of Labor minimum wage and overtime penalty against a large N.J. restaurant.

  Mr. Xue is currently involved in the following significant representations:

  Lead Plaintiffs' counsel in a collective action filed on behalf of sales associates against Hess Corporation, a Fortune 100 company, for FLSA violations and NY Labor law violations.Lead Plaintiffs' counsel in a collective action filed on behalf of commission employees against Legal Helper Debt Resolution LLC, the largest debt resolution company in the US for violation of FLSA and NY Labor law.Lead Defense counsel in numerous wage and hour collective and class actions against NY and N.J. restaurants, pizza parlors and supermarkets.

  Mr. Xue is also a dedicated, tenacious and efficient advocate for his clients in complex commercial litigation. He handles commercial litigation from inception through trial. Mr. Xue has obtained numerous favorable results for his clients in commercial litigation. Several of Mr. Xue's significant representations are as follows:

  Successfully obtained a pre-discovery dismissal of a two-million dollar action against building owners in Kings County Supreme Court.Successfully vacated a default judgment possibly worth over ten million dollars filed by a group of investors against a NYC company in New York County Supreme Court.Successfully defended a Queens based construction company in a jury trial before NJ Bergen County Superior Court where a $750,000 consumer fraud claim was dismissed and all claims against the corporate owner were dismissed with prejudice.Successfully obtained a half-million judgment after a bench trial in Queens County Supreme Court against an individual for breach of constructive trust where he claimed the money was given to him as a gift.Successfully defended a personal injury action and pursued a related insurance coverage action in Queens County Supreme Court where the insurance company initially denied coverage for injury suffered at the premises and effectively saved the client’s business from potential bankruptcy.

  Mr. Xue is also very experienced with commercial and residential landlord and tenant law. Several of Mr. Xue's significant representations are as follows:

  Successfully obtained a rent reduction from $50,000 a month to $30,000 a month for a prime retail space in downtown Manhattan.Successfully obtained a Supreme Court injunction against a landlord's eviction action after a commercial tenant spent over one million dollar in renovating the premises.Successfully defended Tenant against a co-op board’s eviction action for violation of co-op rules and regulations.Successfully represented landlords in evicting tenants for illegal activities, such as illegal subletting (SROs), harassing other tenants, and trademark infringements.Successfully represented commercial/residential tenants in defending nonpayment and holdover proceedings.

  Mr. Xue also represents clients who are going through the emotionally draining and physically exhausting matrimonial actions. Mr. Xue provides his clients with unwavering and skillful representation with an enormous amount of attention on detail and meticulous preparation at every stage of the litigation. Several of Mr. Xue's significant representations are as follows:

  Successfully obtained joint legal and physical custody even though the client was falsely accused of domestic violence and was arrested twice during the proceedings.Successfully argued that significant income shall be imputed to the spouse based on the parties' lifestyles when the spouse engaged in cash business and reported very little income.Successfully argued that two conjoining NYC apartments should be appraised as a joint unit to maximize the assets for equitable distribution.Successfully argued that the spouse is not entitled to 50% of the marital assets even though all assets were accumulated during the marriage due to lack of contribution.Successfully obtain 50% of marital assets for the spouse in equitable distribution when the other party claimed fraud and sought annulment of marriage.

  Mr. Xue graduated with honors from Peking University Law School. He then enrolled in the graduate business law program at Tsinghua University Law School. He was granted a merit-based full-tuition scholarship by Saint Louis University School of Law before he finished his graduate studies at Tsinghua University. Mr. Xue graduated magna cum laude from Saint Louis University and was an Article Editor of the Public Law Review. Mr. Xue received three Academic Achievement Awards during the law school. Prior to founding Xue & Associates, P.C., Mr. Xue was a litigation attorney in a downtown Manhattan law firm and was an associate at a NJ commercial law firm. Mr. Xue is fluent in Mandarin Chinese.

• New York New Jersey U.S. District Court Eastern District of New York U.S. District Court Northern District of New York U.S. District Court Southern District of New York U.S. District Court Western District of New York U.S. District Court District of New Jersey U.S. Court of Appeals 2nd Circuit U.S. Court of Appeals 3rd Circuit

• Saint Louis University School of Law, St. Louis, MissouriJuris DoctorHonors: magna cum laudeLaw Review: The Saint Louis University Public Law Review, Articles Editor Tsinghua University Law School, Beijing, People's Republic of ChinaGraduate studies in Business Law Peking University School of Law, Beijing, ChinaLL.B.Major: Economic Law and International Business Law

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