Benjamin B. Xue, Esq.

BENJAMIN B. XUE, ESQ. is the founder and principal of Xue & Associates, P.C. formerly the Law Offices of Benjamin B. Xue, P.C. Mr. Xue focuses on labor/employment law, commercial litigation, and contested divorce litigation. He currently serves as corporate counsel for dozens of domestic and international corporations. In addition, Mr. Xue has represented clients in 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 include:

• Successfully obtained unpaid wages and overtime payments on behalf of employees for about 3 million dollars.
• Successfully represented a New York City supermarket in appealing a DOL Order to Comply for over 1.5 million dollars. A settlement with significant reduction was reached prior to hearing.
• Successfully represented a popular Asian Buffet restaurant in appealing a DOL Order to Comply for over two million dollars. The assessment was reduced by over 90% after hearing.
• Successfully obtained a dismissal against a New York fashion house for unpaid overtime claims.
• Successfully obtained a dismissal of a manager’s claims against a New Jersey Japanese restaurant after jury trial.
• Successfully obtained a dismissal of unpaid wage claims against a midtown Manhattan Japanese restaurant by summary judgment motion.
• Successfully obtained a dismissal of wage and hour law violation claims against a New Jersey commercial building owner.
• Successfully defended a large apartment building owner against the superintendents’ claims for minimum wage violations and unpaid overtime where the action was dismissed after trial.
• Significantly reduced a New York State Department of Labor minimum wage and overtime penalty against a downtown Manhattan restaurant.
• Successfully obtained significant reduction of a U.S. Department of Labor minimum wage and overtime penalty against a large N.J. restaurant.

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 include:

• Serves as Corporate Counsel for several New York City based developers and Lead Project Counsel for various developments in New York State.
• Successfully obtained a pre-discovery dismissal of a 2 million dollar action against building owners in Kings County Supreme Court.
• Successfully represented investor/shareholder in a real estate development dispute involving a 15 million dollar commercial development. The matter was resolved within 7 months after a legal action was commenced.
• Successfully represented developer/seller in litigation voiding a 7 million dollar purchase agreement. The agreement was cancelled.
• Successfully represented building owner in cancelling a Notice of Pendency for a 10 million dollar sale that did not close. The Notice of Pendency was cancelled before discovery.
• Successfully represented a general contractor in appealing judgment over 2 million dollars. The case was settled for 20% of the judgment after the appellate brief was filed.
• 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 the New Jersey 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.
• 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 obtained a judgment against a NYC landlord/developer for failure to pay buy-out fund. The ultimate recovery was three times of the amount of the buy-out fund.

Mr. Xue also represents clients who are going through the emotionally draining and physically exhausting divorce process. 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 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 should 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 law school. Prior to founding Xue & Associates, P.C., Mr. Xue was a litigation attorney in a downtown Manhattan law firm and was a corporate associate at a N.J. commercial law firm. Mr. Xue is fluent in Mandarin Chinese.