Key Contacts

Jeffrey M. Tanenbaum, Partner
Labor & Employment Practice Leader
jtanenbaum@nixonpeabody.com
415-984-8450

Eric Paley, Partner
epaley@nixonpeabody.com
585-263-1012

Stacie B. Collier, Partner
sbcollier@nixonpeabody.com
401-454-1018

David S. Rosenthal, Partner
drosenthal@nixonpeabody.com
617-345-6183

View all contacts . . .

Labor & Employment

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LABOR & EMPLOYMENT

Labor and employment law is complex and subject to frequent, often dramatic, change. Thousands of laws and regulations—sometimes conflicting in terms and purpose—impose a heavy compliance burden on employers. At the same time, labor and employment issues affect the livelihood of employees and their families, and can lead to highly charged, personal, and often public disputes that can seem intractable.

From prevention to compliance to litigation, the experienced lawyers at Nixon Peabody help companies find the balanced, practical solutions they need so that labor and employment issues don’t get in the way of doing business.

Client-focused approach

Labor and employment law is just one piece of the larger legal compliance puzzle—it can’t be viewed in a vacuum. An employee termination can trigger corporate disclosure requirements; an OSHA violation can give rise to product liability and environmental compliance concerns; and a strike can raise trade libel concerns. We have many years of experience dealing with these intricate relationships, so we can help our clients effectively handle each situation.

Tailored representation: We take the time to understand our clients’ business objectives. As a result, our clients receive responses, services, and state-of-the-art products that are specifically tailored to their particular needs.
Urgent response: When an immediate response is necessary—whether it is major litigation, a significant industrial accident, mass picketing, workplace violence, or any other significant labor or employment issue—we are available 24/7. We’ve been there before, so our clients get fast, time-tested, workable solutions.

Risk reduction and prevention

Litigation and government investigations can be expensive and time-consuming, so we make sure our clients receive cutting-edge, cost-effective training, resources, and audits aimed at preventing compliance problems and workplace disputes before they happen. Some of our services include:

Innovative, interactive training: Our interactive training techniques for in-person, web-based, and video conference sessions are all designed to be educational as well as entertaining and memorable. We have many, up-to-date training modules immediately available, and can create new, highly-customized programs that are tailored to the specific needs of our clients.
Employment law audits: Performing a thorough review of our clients’ policies and procedures can dramatically reduce risks. Our audits generally utilize the attorney-client privilege and the attorney work-product doctrine to help clients minimize the possibility that good faith efforts to identify and respond to employment law issues can be used against them.

Protection as the law evolves

Our lawyers closely monitor evolving developments in the law, so our clients get up-to-the minute coverage and counsel to keep them current with, and ahead of, changes that could impact their business as we provide:

Complimentary timely publications: Regular updates about potential labor and employment law developments through our nationally recognized e-mail alerts.
Seminars or webinars: Tailored to keep clients up-to-date on new and revised regulations and policies as well as provide practical, business applications.
Critical document updates: Handbooks, policies, forms, and procedures are reviewed regularly to make sure employers remain on top of current trends and in proper compliance with the law as it evolves.

Global thinking

With offices across the U.S. and in European and Asian commercial centers, Nixon Peabody’s full-service, international Labor & Employment practice is able to respond quickly and effectively to our clients’ needs in each community we serve. We know that labor and employment law often involves local issues, yet at the same time, it often has much broader implications.

Our attorneys are also skilled at helping employers navigate the complexities of a global workforce. We work closely with a trusted network of local counsel in foreign countries to provide comprehensive advice to foreign employers doing business in the United States, U.S. multinational employers, and U.S. employers doing business overseas.

Global recognition

Our Labor & Employment Litigation practice was recognized at the prestigious National Tier One Level in the 2011–2012 U.S. News/Best Lawyers “Best Law Firms” rankings. Our Labor & Employment practices were also recognized nationally and received metropolitan honors in Albany, Boston, Los Angeles, New York City, Rhode Island, Rochester, and San Francisco.

Both Chambers USA and Chambers Global also ranked several of our Labor & Employment attorneys as leading lawyers in their fields. In addition, the majority of our Labor & Employment group partners have been recognized as leaders in their fields and have been honored in Best Lawyers in America and Super Lawyers, among other publications.

Thought Leadership/Alerts

What's new with the Affordable Care Act?
Benefits Alert | May 20, 2013

New York State DOL publishes proposed regulations regarding permissible wage deductions
Employment Law Alert | May 17, 2013

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Are you using the current version of Form I-9?
Immigration Law Alert | May 16, 2013

Court strikes down NLRB's Poster Rule
Employment Law Alert | May 8, 2013

Supreme Court upholds plan terms that require reimbursement of participant's recovery from third party
Benefits Alert | April 30, 2013

Workplace agencies impacted by the sequester
Employment Law Alert | April 30, 2013

Employer's Guide to New York State Labor Laws 2013
April 17, 2013

Update on the Kilgore Ninth Circuit appeal: California's public injunction exception escapes for another day, but the en banc court reads the exception to arbitration narrowly and rejects plaintiffs' attempt at artful pleading
Class Action Alert | April 16, 2013

Webinar Recording: Legally Social—Following social media trends impacting the workplace
Originally recorded March 21, 2013 | March 28, 2013

U.S. Supreme Court rejects class certification based on the damages model: Comcast Corp. v. Behrend
Class Action Alert | March 28, 2013

What employers with self-funded health plans need to know about the new HIPAA/HITECH Act Omnibus Rule
Benefits Alert | March 20, 2013

New decision, rules require new focus on pregnancy leaves and accommodation in California
Employment Law Alert | March 18, 2013

The new I-9 form is here: use of prior versions should be discontinued after 5/7/2013
Immigration Law Alert | March 12, 2013

H-1B visas: A new filing season is coming
Immigration Law Alert | March 1, 2013

Webinar Recording: Health Care Reform: Employer Compliance and Strategies
Originally recorded February 14, 2013 | February 19, 2013

Mixed win for employers: California sets new standard in discrimination cases
Employment Law Alert | February 12, 2013

Federal Court of Appeals invalidates NLRB "recess" appointments
Employment Law Alert | January 30, 2013

On this "MLK Day" and presidential inauguration day, Dr. King would no doubt have been proud, but what does the future hold for employers and how should they prepare?
Employment Law Alert | January 21, 2013

Prompt action required by employers on health care reform: IRS issues "play or pay" regulations
Benefits Alert | January 16, 2013

Complying with U.S. export controls without violating anti-discrimination laws
Export Controls Alert | January 9, 2013

Massachusetts employers are well-advised to revise employee release agreements in accordance with a recent Supreme Judicial Court decision
Employment Law Alert | January 9, 2013

NLRB finds online discussion between non-union employees "protected activity"
Employment Law Alert | January 3, 2013

Five New Year's resolutions for employers
Employment Law Alert | January 2, 2013

Compensation and Expenditure Limits for New York Providers—Some Clarity
Nonprofit Organizations Alert | December 5, 2012

California requires employers to have commission agreements in writing
Employment Law Alert | November 9, 2012

Wage and hour issues arising from Hurricane Sandy
Employment Law Alert | November 6, 2012

New York adds new restrictions on the use of social security numbers
Employment Law Alert | October 26, 2012

Recent NLRB decision leaves employers in a precarious position between possible ULP or sexual harassment liability
Employment Law Alert | October 9, 2012

California employment legislation: What's new for 2013?
Employment Law Alert | October 5, 2012

California becomes third state to enact social media password law, joining Maryland and Illinois
Employment Law Alert | October 2, 2012

NLRB issues first decision regarding "online discussions" and ALJ issues decision regarding social media policies
Employment Law Alert | October 2, 2012

California Legislature adds new requirements for disability access litigants—and their lawyers
Employment Law Alert | September 25, 2012

Diversity green card lottery (DV-2014)
Immigration Alert | September 21, 2012

Attention NY employers: Governor Cuomo signs New York Labor Law amendments expanding permissible wage deductions
Employment Law Alert | September 12, 2012

Massachusetts relaxes rules for employer health care reform contributions
Benefits Alert | August 30, 2012

Webinar Recording: Collective Bargaining for Health Benefits in Today's Legal Environment
Originally recorded August 8, 2012 | August 9, 2012

Optional Special Selection and Recruitment Green Cards: Who Is a ‘Teacher'?
New York Law Journal Special Report: Immigration Law | August 6, 2012

Webinar Recording: Steps Employers Need to Take Now to Implement Health Care Reform
Originally recorded July 25, 2012 | July 30, 2012

Webinar Recording: ERISA Budget Accounts: Revenue sharing in retirement plans
Originally recorded July 26, 2012 | July 30, 2012

National Labor Relations Board takes aim at social media policies and at-will disclaimers
Employment Law Alert | July 26, 2012

California charter cities do not have to pay prevailing wages on local public projects involving local public funds
Employment Law Alert | July 10, 2012

Health care reform: the effect on employers after the Supreme Court decision
Benefits Alert | June 29, 2012

Webinar Recording: Supreme Court Health Care Reform decision: What now?
June 29, 2012

California court: class arbitration waivers allowed after all
Employment Law Alert | June 20, 2012

New Hampshire law to require employers to disclose non-competition agreements
Employment Law Alert | June 18, 2012

Supreme Court holds that pharmaceutical reps meet the outside sales exemption to the FLSA
Employment Law Alert | June 18, 2012

IRS survey of 401(k) plans reveals trends in 401(k) plan design
Benefits Alert | June 11, 2012

IRS issues cloudy clarification of vesting rules
Benefits Alert | June 7, 2012

Good news for health Flexible Spending Accounts (FSAs)
Benefits Alert | June 1, 2012

H-1B visas: Going, going…almost gone
Immigration Law Alert | May 31, 2012

California upholds personal attendant exemption when health-related tasks involved, as efforts to eliminate it continue
Employment Law Alert | May 29, 2012

Webinar Recording: ERISA Budget Accounts: Revenue sharing in retirement plans
Originally recorded May 22, 2012 | May 24, 2012

Employers take note: new EEOC guidance on criminal records in employment
Employment Law Alert | May 22, 2012

NLRB approves first "micro" unit
Employment Law Alert | May 21, 2012

NLRB's "quickie" or "ambush" Election Rule invalidated . . . for now
Employment Law Alert | May 16, 2012

NLRB again finds protected concerted activity in Facebook posts, orders fired employees reinstated
Employment Law Alert | May 11, 2012

After Brinker and Dukes, court serves up class certification denial on meal and rest period claims but not on overtime
Employment Law Alert | May 11, 2012

The professional overtime exemption: learned professionals and creative professionals
A Matter of Time: Wage-Hour News You Can Use | May 10, 2012

Brinker sequel: no attorney's fees allowed on California meal and rest period claims
Employment Law Alert | May 7, 2012

Maryland enacts nation's first social media password law; more states and the federal government are following suit
Employment Law Alert | May 2, 2012

Critical developments in Labor and Employment law - Are you ready for April 30?
Employment Law Alert | April 26, 2012

As of May 4, 2012, Massachusetts employers will have access to more information and face new requirements when considering applicants'/employees' criminal histories
Employment Law Alert | April 25, 2012

IRS issues proposed regulations on excise tax imposed on sponsors of health plans
Benefits Alert | April 20, 2012

Webinar Recording: Can employers catch a break and rest after Brinker?
Originally recorded April 17, 2012 | April 20, 2012

Classifying employees under the FLSA: the administrative exemption
A Matter of Time: Wage-Hour News You Can Use | April 18, 2012

Employer's Guide to New York State Labor Laws (2012)
April 17, 2012

NLRB notice posting of employee rights to join unions (or not)… AGAIN delayed pending court review
Employment Law Alert | April 17, 2012

OSHA announces new National Emphasis Program aimed at nursing and residential care facilities
OSHA Alert | April 16, 2012

NLRB and workers' groups continue attack on employer social media policies
Employment Law Alert | April 16, 2012

New York Federal Court sends Title VII suit against hospital by physician with staff privileges to trial, holding that staff privileges may create "employee" relationship
Employment Law Alert | April 12, 2012

California Supreme Court resolves key meal and rest period issues for California employers
Employment Law Alert | April 12, 2012

H-1B visas: going faster this year?
Immigration Law Alert | April 9, 2012

Employers asking applicants for Facebook login information: an unwise employment practice takes the spotlight
Employment Law Alert | March 28, 2012

Employer's social media profile and "friends" list can be trade secrets under Colorado law
Employment Law Alert | March 21, 2012

The executive exemption: classifying managers
A Matter of Time: Wage-Hour News You Can Use | March 6, 2012

NLRB Notice-posting of employee rights rule upheld … with mixed results … appeal forthcoming
Inside The Beltway | March 6, 2012

California Supreme Court sets stage for major decision on employers' rounding of time entries
Employment Law Alert | February 14, 2012

New ruling further expands California's commission pay overtime exemption
Employment Law Alert | February 13, 2012

Do not throw it away: Record-keeping requirements expanded to include the Genetic Information Nondiscrimination Act
Employment Law Alert | February 7, 2012

Novartis settles overtime claims with outside sales representatives for $99 million
Employment Law Alert | February 1, 2012

Social media and employment law: looking back to 2011 and looking forward to 2012
Employment Law Alert | January 19, 2012

California clarifies reporting time pay for scheduled meetings, split shift premiums
Employment Law Alert | January 18, 2012

Webinar Recording: San Francisco Health Care Security Ordinance: New Notice Obligations and Year-end Deadline
January 9, 2012

Critical developments in labor and employment law
Inside The Beltway | January 9, 2012

California Labor Commissioner issues template notice under Wage Theft Protection Act
Employment Law Alert | January 6, 2012

San Francisco raises minimum wage to over $10 an hour
Employment Law Alert | January 5, 2012

Attention New York employers: reminder to issue annual wage notices to all employees between January 1, 2012, and February 1, 2012
Employment Law Alert | December 29, 2011

Critical developments in labor and employment law
Inside The Beltway | December 23, 2011

Critical developments in labor and employment law - NLRB's Representation Case Final Rule and Update on Notice Posting Litigation
Inside The Beltway Alert | December 22, 2011

Proposed EEOC regulations seek to define "reasonableness" under the ADEA's "reasonable factor other than age" defense
Employment Law Alert | December 13, 2011

Critical developments in labor and employment law
Inside The Beltway | December 1, 2011

The U.S. Supreme Court will review scope of the FLSA's outside sales exemption
Employment Law Alert | November 30, 2011

Massachusetts to join the growing list of states that protect against discrimination on the basis of gender identity
Employment Law Alert | November 28, 2011

We made a wage-hour checklist for this holiday season—you better check it twice
A Matter of Time: Wage-Hour News You Can Use | November 22, 2011

Less than two-month deadline for companies to set up or finalize in France collective agreement or action plans for professional equality between men and woman
Global Employment Law Alert | November 21, 2011

New California Employment Laws: A Full Plate for 2012
Employment Law Alert | November 21, 2011

Dukes redux: plaintiffs seek certification of smaller class sizes in two states
Class Action Alert | November 4, 2011

Proposed San Francisco health care reform adds complexity for employers
Benefits Alert | November 1, 2011

Webinar Recording: Web 2.0 and Human Resources: Using Social Media to Recruit, Screen, and Hire Employees
October 31, 2011

Out of Bounds: employers now face Massachusetts Wage Act exposure from claims brought by employees living and working out-of-state
Employment Law Alert | October 27, 2011

Second Circuit clarifies standards for "stock drop" cases
ERISA Fiduciary Law Alert | October 21, 2011

Your company's variable compensation schemes, written in a language other than French, are not enforceable against your employees who can claim payment of the variable portion of compensation even if they do not meet requirements for this!
Global Employment Law Alert | October 18, 2011

Benefits granted to employees in the scope of your company compensation policy must not be only category-based!
Global Employment Law Alert | October 18, 2011

When an employee returns from secondment abroad, remember to comply with French law!
Global Employment Law Alert | October 17, 2011

Federal Circuit affirms International Trade Commission order in trade secrets case based on misappropriation of trade secrets in China
Trade Secrets Alert | October 14, 2011

New Legislation Introduced to Establish Federal Cause of Action for Trade Secrets Theft
Trade Secrets Alert | October 11, 2011

Interns sue Black Swan producers for wages
Employment Law Alert | October 7, 2011

NLRB's final rule requiring private sector employers to post Notice of Employee Rights delayed until January 31, 2012
Inside the Beltway | October 5, 2011

A Port in a Storm: Does Your Company Have a "Safe Harbor" Policy?
September 26, 2011

Challenges to NLRB's Final Rule Requiring Private Sector Employers to Post Notice of Employee Rights Beginning November 14, 2011
Inside the Beltway | September 19, 2011

New disclosure requirements mandated by health care reform
Benefits Alert | September 13, 2011

New York City amends its Human Rights Law regarding accommodating religious observances
Employment Law Alert | September 1, 2011

Organized labor scores major victories…micro-units "in," card-check recognition "back in," and successor employers "restricted again"
Inside the Beltway | September 1, 2011

Ripe for Review: Employment Law Cases and Issues That May Draw the United States Supreme Court's Attention During the Upcoming Term
August 29, 2011

Critical developments in labor and employment law - NLRB Issues FINAL RULE—Effective November 14, 2011, Private Sector Employers MUST POST NOTICE of EMPLOYEE RIGHTS to organize a union
Inside the Beltway | August 25, 2011

Employee furloughs: cost saver or liability?
A Matter of Time: Wage-Hour News You Can Use | August 15, 2011

California holds that state overtime law applies to non-residents working in the state
Employment Law Alert | July 14, 2011

Proposed Cal/OSHA revisions on the horizon: what SB 829 could mean for employers
Employment Law Alert | July 13, 2011

Break it down: understanding the law on employee meal and rest periods
A Matter of Time: Wage-Hour News You Can Use | July 12, 2011

France: the Cour de Cassation validates executive working time arrangements, subject to certain conditions
Global Employment Law Alert | July 8, 2011

Same-sex couples can now be married in New York—What does this mean for your benefit plans?
Benefits Alert | July 1, 2011

Immigration compliance: What Every Employer Needs to Know; Audits, Audits, Everywhere
Immigration Law Alert | June 29, 2011

Webinar Recording: How to Protect Your Company When You Can’t Hear the Whistle Blowing
June 27, 2011

Connecticut becomes the first state to require employer funded paid sick leave for “service workers”
Employment Law Alert | June 24, 2011

Defense goes up in smoke — discharge for medical marijuana use upheld in Washington State
Employment Law Alert | June 23, 2011

Blackberries on the Beach
A Matter of Time: Wage-Hour News You Can Use | June 22, 2011

Supreme Court raises the bar for class certification in landmark sex discrimination decision
Class Action Alert | June 21, 2011

Inevitable disclosure doctrine is alive and well in Massachusetts
Employment Law Alert | June 20, 2011

Representative Weiner’s online conduct: a reminder to employers about the dangers of employee misuse of social media and company resources
Employment Law Alert | June 14, 2011

The season of the intern
A Matter of Time: Wage-Hour News You Can Use | June 9, 2011

Cigna v. Amara— The Supreme Court weighs in on ERISA cases premised on erroneous or misleading plan communications
Benefits Alert | June 2, 2011

Critical developments in labor and employment law - NLRB to unions: Don’t risk picketing…rat and banner!
Inside the Beltway | June 1, 2011

SEC adopts final whistleblower rules: implications for internal compliance, governance and employment policies
Securities Law Alert | May 27, 2011

Employer’s Guide to New York State Labor Laws
May 10, 2011

Critical Developments in Labor and Employment Law
NLRB’s complaint against Boeing . . . will it fly?
Inside the Beltway | May 4, 2011

Supreme Court clears the way for employee arbitration agreements waiving class action rights
Employment Law Alert | April 28, 2011

Webinar Recording: Staying One Step Ahead: Avoiding Data Privacy & Social Media Pitfalls in the Digital Age
April 22, 2011

New FLSA rules address tip pooling, fluctuating workweek, and other issues
Employment Law Alert | April 13, 2011

California lawsuits have employees standing up for their right to sit down
Employment Law Alert | April 7, 2011

New York Department of Labor releases Wage Theft Prevention Act guidance and forms
Employment Law Alert | April 4, 2011

NY's Wage Theft Prevention Act Imposing Additional Requirements on Employers
April 1, 2011

New York Wage Theft Prevention Act effective April 9, 2011
Employment Law Alert | March 28, 2011

Webinar Recording: Avoiding Data Privacy & Social Media Pitfalls in the Digital Age
March 24, 2011

Critical Developments in Labor and Employment Law
Inside the Beltway | March 16, 2011

Supreme Court’s recent “cat’s paw” decision may burn the hands of employers
Employment Law Alert | March 11, 2011

Some immigration processes showing signs of improvement, while others present a familiar challenge
Immigration Law Alert | March 10, 2011

Export controls compliance certification: Required as of February 20, 2011, for employment of many foreign nationals
Immigration Law Alert | March 3, 2011

Supreme Court declines opportunity to resolve Circuit split regarding FLSA exemptions
Employment Law Alert | March 1, 2011

The NLRB/Facebook case may have settled, but employer social media policies are still under attack
Employment Law Alert | February 24, 2011

California court weighs in on meal period rules
Employment Law Alert | February 24, 2011

California Court holds employers liable for up to two hours’ wages per day for meal and rest period violations
Employment Law Alert | February 23, 2011

U.S. Supreme Court announces broader employee protection under Title VII
Employment Law Alert | February 11, 2011

Critical Developments in Labor and Employment Law
Inside the Beltway | February 8, 2011

The NLRB broadens employee protection under federal labor law by recognizing a “preemptive strike” theory of retaliation
Employment Law Alert | February 7, 2011

Ninth Circuit holds that resignations in advance of, but in response to, announced plant closure are not “voluntary departures” under WARN Act
Employment Law Alert | January 25, 2011

Ninth Circuit decision makes it even more difficult for employers to recover attorney’s fees incurred defending against frivolous claims in multi-count suits
Employment Law Alert | January 25, 2011

California mandates paid leave for organ or bone marrow donation
Employment Law Alert | January 18, 2011

Circuit Court Holds Private Employers Permitted to Reject Applicants Based on Past Bankruptcy Filing; Bar on Termination and Other Discrimination For Existing Employees Remains
Employment Law Alert | January 10, 2011

New California meal period exemptions in effect
Employment Law Alert | January 7, 2011

Critical Developments in Labor and Employment Law
Inside the Beltway | December 23, 2010

Critical Developments in Labor and Employment Law
Inside the Beltway | December 21, 2010

Restaurant and hotel industry wage and hour alert
New York Department of Labor issues final Wage Order effective January 1, 2011, setting new pay and notice requirements
Employment Law Alert | December 20, 2010

New York makes several changes to Labor Law
Employment Law Alert | December 15, 2010

California resolves limitations periods on waiting time penalties claims
Employment Law Alert | December 9, 2010

Critical Developments in Labor and Employment Law
Inside the Beltway | November 18, 2010

Webinar Recording: Public Company Executive Compensation and Corporate Governance Reform for 2011 and Beyond
November 17, 2010

Media frenzy over NLRB complaint against Connecticut employer for terminating employee who criticized employer on Facebook not warranted—yet
Employment Law Alert | November 16, 2010

Webinar Recording: Avoiding the National Labor Relations Board
November 12, 2010

Employers beware: revise employment agreements and severance agreements soon to avoid tax trap
Employment Law Alert | November 11, 2010

Critical Developments in Labor and Employment Law
Inside the Beltway | November 11, 2010

Complying with the Genetic Information Nondiscrimination Act –acquisition, storage, disclosure, and social media
Employment Law Alert | November 11, 2010

Year-end opportunity for correcting Section 409A compensation agreements
Benefits Alert | November 8, 2010

Webinar Recording: ERISA Fiduciary Update
November 2, 2010

OSHA announces a radical new and enormously costly interpretation of occupational noise standards
OSHA Alert | October 28, 2010

No reasonable expectation of privacy in content posted to social networking websites, regardless of individual privacy settings
Employment Law Alert | October 13, 2010

Critical Developments in Labor and Employment Law
Inside the Beltway | October 6, 2010

It’s a cold, cold world: tech companies agree to halt “no cold-call” agreements that Justice Department charges are illegal per se
Employment Law Alert | September 29, 2010

Critical Developments in Labor and Employment Law
Inside the Beltway | September 3, 2010

New York employers must provide funeral and bereavement leave to employees in same-sex relationships
Employment Law Alert | September 3, 2010

Critical Developments in Labor and Employment Law
Inside the Beltway | August 23, 2010

Massachusetts employers must immediately change how they handle employee documentation in light of the amended Massachusetts personnel records statute
Employment Law Alert | August 19, 2010

Massachusetts bans criminal history questions on job application forms: employers must take action or risk noncompliance
Employment Law Alert | August 12, 2010

DOL issues final regulation mandating retirement plan fee disclosure
ERISA Fiduciary Alert | July 28, 2010

Fiduciaries breached duty of prudence by investing in retail share classes
ERISA Fiduciary Alert | July 20, 2010

Employers beware: Your outside sales representatives may be entitled to overtime pay
Employment Law Alert | July 14, 2010

HHS/ONC proposed rulemaking expands HIPAA privacy and security rules
Health Law Alert | July 9, 2010

‘Inevitable disclosure’ takes a hit in N.H.
July 8, 2010

Health care reform update: new regulations spell out how health plans can lose their grandfathered status
Benefits Alert | June 25, 2010

FMLA protections extended to same-sex and other parents without a biological or legal relationship to a child
Employment Law Alert | June 24, 2010

Critical Developments in Labor and Employment Law
Inside the Beltway | June 22, 2010

Critical Developments in Labor and Employment Law
Inside the Beltway | June 21, 2010

U.S. Department of Labor Wage and Hour Division’s activist agenda — significant new mandates, including required classification analyses and worker disclosures
Employment Law Alert | June 10, 2010

Critical Developments in Labor and Employment Law
Inside the Beltway | June 7, 2010

Restrictive-covenant federal lawsuit over social media conduct raises novel, far-reaching questions for employers
Employment Law Alert | June 2, 2010

Executing machine-readable object code does not trigger liability for trade secret misappropriation of the source code as a matter of law
Trade Secrets Alert | June 1, 2010

Employers must provide breaks for nursing mothers pursuant to new FLSA amendment
Employment Law Alert | June 1, 2010

Supreme Court Adopts ‘Arm’s-Length’ Standard for Assessing Adviser Compensation Claims under the Investment Company Act of 1940
June 1, 2010

Defense Department publishes Interim rule implementing Franken Amendment: What it means for employment arbitration agreements for defense contractors
Employment Law Alert | June 1, 2010

. . . Hide Thought Leadership. . .

Press

Chambers Recognizes Leading Nixon Peabody Attorneys and Practices
March 14, 2013

Nixon Peabody Elects 13 Attorneys to Partnership
January 14, 2013

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U.S. News & World Report and Best Lawyers Names Nixon Peabody a “Best Law Firm” and “Law Firm of the Year”
November 1, 2012

Nixon Peabody Attorneys Earn Top Recognition From Best Lawyers
September 14, 2012

Nixon Peabody Advises Sun World International in Labor Relations Case of First Impression
May 7, 2012

Nixon Peabody Recognized As a "Best Law Firm"
November 1, 2011

MFA Closes Sale of Aeronautical Engineering Company
October 4, 2011

Pierre & Vacances Closes Sale on Golf/Hotel Business
October 4, 2011

Nixon Peabody Expands Labor & Employment Practice Group
October 3, 2011

Chambers Gives High Marks to Nixon Peabody LLP; 47 Attorneys Recognized As Leaders
June 20, 2011

Nixon Peabody Names New Leadership for Media, Entertainment, and Communication Team; Parisian Partner Arnaud de Senilhes Will Lead Group of Attorneys
May 10, 2011

Nixon Peabody LLP Expands European Labor & Employment Practice; New Partner Ludovic Roche and Two Associates Join Paris and London Offices
February 2, 2011

Nixon Peabody Elects 12 Attorneys to Partnership; Female Partners Make Up More than 40% of 2011 Class
February 1, 2011

Nixon Peabody Expands Labor & Employment Practice; Alesia Kantor Joins Firm as Counsel in Long Island
November 2, 2010

Nixon Peabody Recognized as a “Best Law Firm”; Firm’s Experience and Excellence Honored Locally and Nationally
September 23, 2010

Nixon Peabody Elects Four Attorneys to Partnership; Firm Promotes Attorneys from a Wide Range of Practices
August 31, 2010

Chambers USA Gives High Marks to Nixon Peabody LLP; 17 Practices and 49 Attorneys Recognized as Leaders
June 11, 2010

. . . Hide Press . . .

Media Clips

No Firing After Facebook Post, NLRB Tells Tour Bus Company
Reuters | May 8, 2013
San Francisco Labor & Employment associate Renée Jackson discusses the National Labor Relations Board’s focus on social media as illustrated by a recent ruling that a tour bus guide was unlawfully fired from his job after complaining about working conditions in a Facebook post.
Social Media and Employment
C-SPAN | May 6, 2013
San Francisco Labor & Employment associate Renée Jackson is among the featured panelists who spoke about the privacy, social, and policy implications that arise when employers use social media to gather personal data of potential employees during the hiring process.
Post-Brinker Workers Attack Calif. Employers on New Fronts
Employment Law360 | April 9, 2013
San Francisco Labor & Employment partner Paul Lynd discusses employment lawsuits a year after California Supreme Court’s landmark Brinker v. Superior Court decision holding that companies don’t need to police employees to ensure they stop working during meal breaks.

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ACA Checkup Can Help Keep Firm Healthy
Providence Business News | April 8, 2013
Providence Health Services partner Steve Zubiago and Rochester Labor & Employment counsel Kate Saracene co-authored this column focused on “play-or-pay” health care reform mandates that will require many companies to make changes in whether and how they provide health care benefits to their employees.
Will This Be the Year for Immigration Reform?
Rochester Business Journal | March 29, 2013
Rochester partner and leader of the firm’s Immigration practice Patti Morrison discusses immigration reform.
Preparing for Healthcare Reform
Corporate Secretary | March 26, 2013
Rochester Labor & Employment partner Eric Paley discusses how preparing for provisions of the Patient Protection and Affordable Care Act that go into effect in 2014 could be a big deal for many companies.
Questions Arise on Future of Domestic-Partner Benefits
Buffalo Business First | March 15, 2013
Labor & Employment and Employee Benefits partner Brian Kopp discusses if and how the expansion of benefits through marriage will impact domestic partnership policies among opposite-sex couples.
What to Look for in Health Care Reform Mandates Next January
Rochester Business Journal | March 15, 2013
Rochester Corporate partner Jeff LaBarge and Rochester Labor & Employment counsel Kate Saracene co-authored this column discussing the next wave of health care reform compliance mandates.
Who's Who in Intellectual Property & Labor Law
Long Island Business News | February 22, 2013
Long Island Labor & Employment partner Tara Daub is profiled among other leading labor and intellectual property attorneys.
Company Social Media Accounts—Who Owns Those Twitter Followers?
Forbes | February 18, 2013
San Francisco Labor & Employment associate Renée Jackson discusses employee versus employer “ownership” of company social media accounts in this Q&A.
People in the Law
Rhode Island Lawyers Weekly | February 4, 2013
This coverage notes that Providence office managing partner Neal McNamara has been named to the board of the Women’s Fund of Rhode Island, an organization dedicated to eliminating gender inequity.
Obama's Compromise on Contraception Won't End Lawsuits
Law360 | February 1, 2013
San Francisco partner and leader of the firm’s Labor & Employment practice Jeff Tanenbaum discusses the Obama administration's proposal to allow religious organizations to opt out of directly providing contraceptives to employees.
Business Lunch
WJAR-TV (Providence, RI NBC affiliate) | January 31, 2013
In this broadcast segment, Providence Labor & Employment partner Andrew Prescott discusses how the flu is affecting the workplace.
In Light of MLK Day: What the Future Holds for Employers
Law 360 | January 25, 2013
Albany Labor & Employment partner John Higgins authored this column discussing greater workplace diversity efforts.
Employers Catch Some Unexpected Breaks on ACA Mandate
Law 360 | January 24, 2013
Rochester Labor & Employment counsel Kate Saracene discusses how the federal government’s outline of its enforcement of the health reform law’s mandate that large employers provide medical benefits contains unexpected revisions likely to make compliance easier.
Clear-Cut Employer Contraception Mandate May Be Elusive
Law 360 | January 18, 2013
San Francisco partner and leader of the firm’s Labor & Employment practice Jeff Tanenbaum discusses current issues associated with health reform’s requirement that employer medical plans include contraception coverage.
People on the Move
Albany Business Review | January 14, 2013
In this column noting executive moves and promotions, Albany Labor & Employment attorney Vince Polsinelli is included for his election to the firm’s partnership.
Meet 39 Newly Minted Partners at Boston's Top Law Firms
Boston Business Journal | January 11, 2013
New Boston partners Kelly Babson (Public Company Transactions), Jeff Gilbreth (Labor & Employment), Danielle Pelot (Government Investigations & White Collar Defense) and Amy Pugliano O’Keefe (Global Business & Transactions) are featured in this coverage.
New ACA Employer Mandate Gives Cos. Surprising Leeway
Law 360 | January 11, 2013
Rochester Labor & Employment counsel Kate Saracene discusses proposed regulations from the U.S. Department of the Treasury and the Internal Revenue Service relaxing a health reform requirement for large employers.
Workplaces on Alert for Flu
New England Cable News (NECN) | January 9, 2013
In this broadcast TV segment, Boston office managing partner and Labor & Employment partner Gary Oberstein discusses how the flu is affecting Massachusetts businesses and what employers need to keep in mind.
5 Tips for Employers on Creating Goals for New Year
New England Cable News (NECN) | January 7, 2013
In this TV segment, Providence Labor & Employment partner Andrew Prescott is interviewed discussing the top five resolutions for employers in 2013.
Nonunion Employers Can't Ignore Obama's NLRB
Providence Business News | January 7, 2013
This column, authored by Providence Labor & Employment partner Andrew Prescott, discusses why nonunion employers should pay attention to the National Labor Relations Board’s decisions and regulations.
Does Your Social Media Policy Need a Rethink?
Crain's New York Business | November 16, 2012
Long Island and New York City Labor & Employment partner Chris Gegwich discusses tips for employers regarding their social media policies.
No Work, Who Gets Paid?
Long Island Business News | November 9, 2012
Long Island Labor & Employment partner Tara Daub discusses the implications for employers, particularly relating to payment requirements, following emergency situations such as hurricanes.
Social Media Policies Run Afoul of NLRB
Long Island Business News | October 12, 2012
Long Island Labor & Employment partner Chris Gegwich provides commentary on some of the latest rulings from the National Labor Relations Board regarding social media policies.
Legal Advisers Step in to Help Navigate Uncharted Waters
Rochester Business Journal | September 21, 2012
Rochester Labor & Employment partner Eric Paley and Rochester Labor & Employment counsel Kate Saracene discuss how the firm has responded to the passing of the Affordable Care Act and have helped clients navigate the changes.
NLRB Limits Restrictions on Workers' Social Media Use
Rochester Business Journal | September 14, 2012
This column, coauthored by Rochester Global Business & Transactions partner Jeff LaBarge and San Francisco Labor & Employment partner Kent Jonas and associate Renée Jackson, addresses the limitations on employees’ social media use.
Organizing employee transfers abroad under optimum conditions
Business & Technologies | September 13, 2012
Paris Labor & Employment partner Pascal Guinot discusses the legal aspects of transferring employees to foreign establishments.
NLRB's Challenge of At-Will Language ‘a Terrible Stretch'
SHRM Online | August 14, 2012
San Francisco Labor & Employment partner Kent Jonas and San Francisco Labor & Employment associate Renée Jackson are quoted in this article discussing reactions to the National Labor Relations Board’s (NLRB) position that employee handbooks with language about at-will employment may violate the National Labor Relations Act (NLRA).
How to Make Your 401(k) Last Forever: The Pension Rollover
Forbes | August 8, 2012
Boston labor and employment partner Tom McCord provides commentary in this article discussing renewed interest in a lesser-known, potentially cheaper option to guarantee lifetime payments of 401(k) retirement account balances—the DC to DB rollover.
Optional Special Selection and Recruitment Green Cards: Who Is a 'Teacher'?
New York Law Journal | August 6, 2012
This bylined article coauthored by Rochester immigration partner Patti Morrison and Boston immigration associate Courtney New focuses on college and university faculty appointees and their eligibility for Optional Special Recruitment and Selection labor certifications.
High Court's FLSA Ruling on RX Reps: The Ray of Hope it Offers for Other Industries
Fair Labor Standards Handbook | August 1, 2012
This contributed article, authored by Boston Labor & Employment partner David Rosenthal and Boston Labor & Employment associate Jeff Gilbreth, discusses the far-reaching implications of the U.S. Supreme Court’s decision that pharmaceutical sales representatives qualify for the “outside sales” exemption under the Fair Labor Standard Act and therefore are not entitled to overtime. The article originally published in HR Compliance eXpert on June 22, 2012 and was reprinted with permission.
Reduction in Hours After FMLA Leave Not Actionable
Rhode Island Lawyers Weekly | July 27, 2012
This article focuses on a recent victory in the 1st U.S. Circuit Court of Appeals, which decided that a convenience store sales associate could not hold his employer liable for disparate treatment after his hours were reduced following a medical leave. Providence labor and employment partner Neal McNamara represented the employer and defendant, Station Operators, Inc.
Supreme Court Sends Employers Scrambling
Long Island Business News | July 5, 2012
This article addresses the impact of the Supreme Court’s health care reform decision on employers. Labor & Employment partner Tom McCord provides commentary.
Is Your 401(k) Up To Par?
Forbes | June 21, 2012
Boston Labor & Employment partner Tom McCord is quoted in this feature article discussing the results of an Internal Revenue Service survey looking at what features employees can expect—or demand—in their plans.
New State Law Could Muddy Non-compete Picture
New Hampshire Business Review | June 15, 2012
This contributed article, authored by Manchester partner Jim Hatem and San Francisco associate Renée Jackson, discusses an act requiring all New Hampshire employers to disclose non-compete and non-piracy agreements prior to making an offer of employment or an offer of change in job classification.
Guest Column: Beware bribery law
Providence Business News | June 11, 2012
This guest column, authored by Providence Labor & Employment partner Andrew Prescott and Washington, DC, Commercial Litigation partner Gordy Lang, discusses what businesses should know about the Foreign Corrupt Practices Act (FCPA).
Viewpoint: Work, worry lie ahead for retirement plan administrators
Rochester Business Journal | June 8, 2012
This contributed article, authored by Rochester Labor & Employment partner Eric Paley and Rochester Labor & Employment associate Stacy Lawkowski, discusses new regulations from the U.S. Department of Labor’s Employee Benefits Security Administration that will keep retirement plan administrators busy.
Green Industry Changes Employment Law
Chicago Lawyer | June 1, 2012
Chicago and San Francisco Labor & Employment partner Michael Hallerud provides third-party commentary discussing labor and employment matters within the “green” industry.
Sabermetrics Sees Recent Scrutiny
Chicago Daily Law Bulletin | May 30, 2012
This contributed article, authored by Chicago Intellectual Property Litigation partner Mark Halligan and San Francisco Labor & Employment associate Matt Frankel, discusses trade secrets in baseball—specifically “sabermetrics,” the advanced statistical analysis for evaluating players.
Social Media, Passwords and the Hiring Process: Privacy and Other Legal Rights
Forbes | May 28, 2012
This featured Q&A focused on social media in the hiring process is conducted with San Francisco Labor & Employment associate Renée Jackson. Click here to read the article on www.forbes.com.
L’affaire Viveo expliqué par Pascal Guinot, Avocat Associé chez Nixon Peabody
Recrulex | May 7, 2012
Paris Labor & Employment partner Pascal Guinot discusses France’s highest legal court ruling finding that a healthy firm could lay off workers if it presented a suitable job-saving plan.
Anticipate Requirements Now for Employer Group Health Plans
Rochester Business Alliance Newsletter | May 1, 2012
This column, authored by Rochester Labor & Employment counsel Kate Saracene, discusses what employers need to know in order to be compliant with the Patient Protection and Affordable Care Act.
When the Go-To Guy is Gone: Companies can pay if a lot of tasks are the purview of just one person
Boston Business Journal | April 13, 2012
Boston office managing partner and Labor & Employment partner Gary Oberstein and Boston Labor & Employment associate Jeff Gilbreth discuss how employers can be proactive and not reactive when it comes to dealing with employees responsible for critical business operations/tasks/information.
Facebook Access in Play for Prospective Employers
Buffalo Business First | April 6, 2012
San Francisco Labor & Employment associate Renée Jackson provides commentary in this article addressing instances when employers have asked potential employees for social media log-in information and what the consequences of these actions could be.
Quick Wins in Age Bias Suits a Long Shot Under EEOC Rule
Employment Law 360 | March 29, 2012
Albany Labor & Employment partner John Higgins discusses the U.S. Equal Employment Opportunity Commission’s recently issued final rule clarifying the “reasonable factors other than age” defense standard under the Age Discrimination in Employment Act.
Today’s Unpaid Intern Could Be Tomorrow’s Plaintiff
Boston Business Journal | March 9, 2012
Boston office managing partner and Labor & Employment partner Gary Oberstein discuses labor and employment concerns relating to unpaid interns.
Who’s Who in Intellectual Property and Labor Law
Long Island Business News | February 24, 2012
Long Island Labor & Employment partner Dan Rizzi is profiled in this feature, which focuses on Dan’s practice. He is quoted throughout the article discussing important labor developments.
Englebright Bill Takes Aim at Workplace Bullying
Long Island Business News | February 10, 2012
Long Island Labor & Employment partner Chris Gegwich provides commentary in this feature discussing proposed New York State workplace bullying legislation.
Bay Area People
San Francisco Business Times | February 2, 2012
This news brief notes that San Francisco Labor & Employment attorney Paul Lynd and San Francisco Products attorney Eric Strain have been promoted to the firm’s partnership.
Clarifying ‘Show-Up’ and Split-Shift Wage Orders
California and Employment Law 360 | January 30, 2012
This article, authored by San Francisco Labor & Employment counsel Paul Lynd, discusses the California Court of Appeal’s resolution of two frequent questions arising under California’s reporting-time pay and split-shift premium requirements.
40 Under 40
Long Island Business News | January 27, 2012
This article highlights Long Island Labor & Employment partner Tara Daub; one of the publication’s “40 Under 40” honorees.
Verdict Reflects Trends in Employment Disputes
Massachusetts Lawyers Weekly | January 9, 2012
Labor & Employment partner and Boston office managing partner Gary Oberstein discusses a recent case in Suffolk Superior Court that illustrates how a claim about an employer retaliating against a former employee can be costly.
Reasonable Regulations Against Age Discrimination
Law 360 | January 5, 2012
This contributed article, authored by Albany Labor & Employment partner John Higgins and Long Island Labor & Employment associate Brooke Schneider, highlights the new regulations proposed by the U.S. Equal Employment Opportunity Commission (EEOC) making it harder and more expensive for employers to defend against age discrimination claims.
A Holiday Wage and Hour Checklist: Are You Naughty or Nice?
SmartHR Manager | December 13, 2011
This contributed article, authored by Boston Labor & Employment associates Jeff Gilbreth and Gauri Patil, discusses the various wage and hour pitfalls lurking that could snare an unwary employer this holiday season.
Law: ‘Associational discrimination’ emerges in lawsuits
New Hampshire Business Review | December 4, 2011
This contributed article, authored by Labor & Employment partner Stacie Collier and Commercial Litigation associate Dan Deane, discusses the rise of “associational discrimination” claims.
NLRB Moves on Some Election Rule Changes; Hayes Attends Meeting, but Opposes Action
BNA Daily Labor Report | December 1, 2011
This article discusses the National Labor Relations Board’s vote to proceed with preparation of a final rule modifying NLRB’s procedures in union representation cases. Washington, DC, Labor & Employment counsel John Raudabaugh, a former NLRB member, provides commentary.
Health Regs 2012: What to watch for
Buffalo Law Journal | November 14, 2011
This Q&A features Rochester Labor & Employment counsel and a member of the firm’s Health Care Reform Team, Kate Ulrich Saracene.
NLRB Issues Order Delegating Litigation Powers to General Counsel
Workplace Law Bulletin | November 9, 2011
This article notes the decision by the National Labor Relations Board (NLRB) to delegate to the general counsel full authority over court litigation matters that otherwise would require board authorization and full authority to certify the results of any secret-ballot election. These delegations of power take effect when the board has fewer than three members, as it is expected to have when Congress adjourns in December 2011. Former NLRB member and Washington, DC, Labor & Employment counsel John Raudabaugh provides commentary in the piece.
Dukes’ Back From the Dead
The Recorder | October 27, 2011
The article discusses plaintiff attorneys’ new strategy against Wal-Mart in a gender-bias suit. Labor & Employment practice group leader Jeff Tanenbaum is quoted in the piece discussing how the new suit still contains flaws, which is that plaintiffs themselves acknowledge local store supervisors have discretion over policies, which works against establishing commonality. The article does also note that the firm has worked for Walmart (interview conducted with prior approval of client attorney).
Groups Ask Court To Nix NLRB Union Rights Posting Rule
Law 360 | October 26, 2011
The story discusses business groups’ challenge of the National Labor Relations Board’s employee rights posting rule. Among those groups are the NFIB, Southeast Sealing Inc., and Racquetball Centers Inc., which the article notes are represented by Washington, DC, Labor & Employment counsel John Raudabaugh.
Facing Suits, NLRB Delays Employee Rights Posting Rule
Law 360 | October 5, 2011
This article notes that the National Labor Relations Board (NLRB) has postponed the effective date for its employee rights posting rule after a federal judge requested more time to consider the arguments in litigation challenging the rule. The rule inspired two lawsuits from plaintiffs including the National Federation of Independent Business (NFIB) and the National Association of Manufacturers. Washington, DC, Labor & Employment counsel John Raudabaugh is quoted in the piece and identified as counsel for NFIB and as a former NLRB member.
Bay Area People
San Francisco Business Times | October 3, 2011
In this column noting local executive moves and promotions, the arrival of San Francisco Labor & Employment counsel Tonie Bitseff is included.
Second Lawsuit Challenges NLRB Notice Rule
Daily Labor Report (A BNA Publication) | September 20, 2011
This coverage notes that the National Right to Work Legal Defense and Education Foundation joined the National Federation of Independent Business and two small businesses in filing a lawsuit seeking an injunction to bar the National Labor Relations Board from implementing a regulation that will require most employers to post a workplace notification of employee rights. It is noted that Washington, DC, Labor & Employment counsel John Raudabaugh was among the attorneys who filed the complaint.
Time to Bone Up on Whistle-blower Rights
Providence Business News | September 12, 2011
This “Law” focus section column, authored by Providence Labor & Employment partner Andrew Prescott, discusses key similarities and differences between Rhode Island and federal whistleblower laws.
New ‘Persuader’ Rules Roil Labor Bar
The Recorder | September 9, 2011
This feature story discusses possible changes by the Department of Labor regarding law firms’ exemptions from reporting details of work related to preventing employee unionization. San Francisco Labor & Employment partner Rob Carrol is among third-party sources providing commentary in the piece.
Navigating Changes to Benefits in Wake of New Law
Rochester Business Journal | September 2, 2011
This feature article addresses employee benefits following the passage of New York State’s Marriage Equality Act. Rochester Labor & Employment partner Brian Kopp is prominently quoted throughout the piece providing third-party commentary.
Representation Elections: NLRB Decision on Health Care Voting Units Adds ‘Clear Test’ for Cases in All Industries
BNA Daily Labor Report | September 1, 2011
This feature story discusses a National Labor Relations Board ruling determining to overrule a 20-year-old precedent on bargaining units in non-acute health care facilities. Washington, DC, Labor & Employment counsel John Raudabaugh, a former member of the NLRB, is quoted in the piece.
Block on National Labor Relations Board Nominees a Headache for Lawyers
Massachusetts & Rhode Island Lawyers Weekly | August 28, 2011
This feature story discusses the upcoming two vacancies on the National Labor Relations Board and the possible block of the nominees to fill these positions. Washington, DC, Labor & Employment counsel John Raudabaugh, a former member of the NLRB, provides commentary.
More Workers Sue for Overtime, Marking Shift from Discrimination Suits
Albany Business Review | August 26, 2011
The feature story discusses how high unemployment rates and the current state of the economy are impacting employment-related lawsuits; specifically how more employees are making claims associated with overtime pay. Albany Labor & Employment partner John Higgins is among the third-party sources quoted throughout the piece.
Proposal Revamps Union Elections
Wall Street Journal | July 18, 2011
This feature story discusses the upcoming National Labor Relations Board hearing on a government proposal to streamline the process of union-organizing elections. The piece notes that Washington, DC, Labor & Employment counsel John Raudabaugh, a former NLRB member, is scheduled to testify for the National Federation of Independent Businesses.
In Practice: Curbing Harassment in the Workplace
The Recorder | July 6, 2011
This contributed column, authored by Labor & Employment partner David Rosenthal, discusses the need for employers to proactively work to protect themselves and their employees from the disastrous impact of harassing behavior.
In Practice: Curbing Harassment in the Workplace
The Recorder | July 6, 2011
This contributed column, authored by Labor & Employment associate Danielle Johnston, discusses the need for employers to proactively work to protect themselves and their employees from the disastrous impact of harassing behavior.
Health-care Legislation Still a Challenge
Buffalo Business First | June 17, 2011
This article provides an updated look into ongoing efforts related to dealing with health care reform. Rochester Labor & Employment counsel Kate Ulrich Saracene and a member of the firm’s health care reform team provides commentary.
SEC Whistleblower Rules: Internal Compliance, Governance, Employment Policies
BNA Daily Report for Executives | June 15, 2011
This contributed article discusses the Securities and Exchange Commission’s adoption of the final rules to implement the whistleblower provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act. This article is coauthored by Providence Labor & Employment partner Andrew Prescott.
PBN Q&A: McNamara is 2011 Dorothy Lohmann award recipient
Providence Business News | June 6, 2011
This Q&A highlights Providence office managing partner Neal McNamara and his recent 2011 Dorothy Lohmann Community Service Award.
Special Report on Social Media: You Can’t Take Your Online Contacts With You...or Can You?
Workforce Management | June 1, 2011
This feature story discusses the increase in corporate use of websites such as LinkedIn, Facebook, and Twitter and the resulting employment issues that arise when an employee leaves the company. Boston Labor & Employment associate Renee Jackson provides commentary.
Lawmakers Seek to Ban Mandatory Arbitration Clauses
Daily Record | May 27, 2011
This coverage discusses the reintroduction of the Arbitration Fairness Act, which would bar pre-dispute mandatory arbitration clauses in consumer and employment contracts and in civil rights disputes. Rochester Labor & Employment counsel Todd Shinaman provides commentary.
Employment Lawyers Question Impact of DOL’s Timesheet App
Daily Record | May 25, 2011
This feature article discusses recent U.S. Department of Labor (DOL) developments. Rochester Labor & Employment associate Joe Carello provides commentary on compliance and enforcement of DOL regulations.
House Bill Takes Aim at NLRB’s Boeing Complaint
Employment Law 360 | May 25, 2011
This feature article discusses a U.S. House of Representatives bill in response to the NLRB’s complaint in the Boeing nonunion facility matter. Washington, DC, Labor & Employment counsel and former member of the NLRB John Raudabaugh is quoted.
Worker Classification Enforcement on Rise
Rhode Island Lawyers Weekly | May 19, 2011
This article focuses on how the federal government has stepped up its enforcement efforts aimed at employers who improperly treat workers as independent contractors. Providence Labor & Employment partner Andrew Prescott provides third-party legal commentary.
On the Move
The Recorder | May 13, 2011
This coverage notes that San Francisco partner Deborah Schwartz has received a Pro Bono Advocate Award from Legal Services for Children.
Supreme Court Strikes a Blow to Class-Action Lawsuits
Compliance Week | May 10, 2011
This feature article discusses a recent U.S. Supreme Court ruling that grants companies broad authority to settle disputes through arbitration rather than costly class-action lawsuits. Rochester Labor & Employment partner Steve Jones provides commentary in the piece.
Upcoming Court Decisions Could Affect Future ERISA Litigation, Speakers Say
BNA Pension & Benefits Daily | April 22, 2011
This article highlights some of the latest and anticipated appeals court decisions and regulations that could have a major impact on Employee Retirement Income Security Act (ERISA) litigation. Washington, DC, Labor & Employment counsel Sherwin Kaplan is among those quoted throughout the piece.
Boeing to Fight Order to Move 787
Wall Street Journal | April 21, 2011
This story discusses a decision by the National Labor Relations Board about the Boeing Company and the federal labor law. Washington, DC, Labor & Employment counsel John Raudabaugh, a former member of the NLRB, provides commentary in the piece.
Some See Labor Board Favoring Unions
HRMagazine | April 5, 2011
This article discusses how politics is influencing the National Labor Relations Board’s stance on labor unions. Washington, DC, Labor & Employment counsel John Raudabaugh is quoted in the article.
Newsmakers
Long Island Business News | March 4, 2011
In this column noting executive moves and promotions, Long Island Labor & Employment attorney Tara Daub is included for being elected to the firm’s partnership.
Does the Economy Impact Discrimination Cases?
The Daily Record | February 22, 2011
This feature article discusses the economy’s impact on employment discrimination lawsuits. Rochester Labor & Employment partner Michael Hausknecht provides third-party commentary throughout the piece.
“Outside the Box” Q&A
Boston Business Journal | February 18, 2011
This Q&A profiles new Boston office managing partner Gary Oberstein. The piece focuses on Mr. Oberstein’s professional and personal accomplishments.
Refusing to Hire Bankrupt Applicants is Legal
Human Resource Executive | February 11, 2011
This article discusses an important federal circuit court ruling finding that private employers are not prohibited from denying employment to an individual based on a bankruptcy filing and the need for employers to be careful when handling these bankruptcy-related matters. Boston office managing partner and Labor & Employment partner Gary Oberstein provides third-party commentary throughout the piece.
Constitutional Challenges to Health Care Reform
Law 360 (Appellate, Health and Insurance) | February 7, 2011
This contributed article, coauthored by San Francisco Labor & Employment partner David Foster, discusses the need for the constitutionality of the Patient Protection and Affordable Care Act to be reviewed by the courts of appeals on an expedited basis.
Oberstein Will Head Nixon Peabody Boston Office
The Boston Globe | February 7, 2011
This coverage highlights that Gary Oberstein has been named managing partner of Nixon Peabody’s Boston office.
News in Brief
New York Law Journal | February 2, 2011
This business briefs column notes that Long Island Labor & Employment attorney Tara Daub is among the firm’s 2011 new partner class.
Nixon Peabody Turns to SNR Denton for Paris Employment Hire
The Lawyer (UK) | February 2, 2011
This feature article notes the firm’s expansion of its European Labor & Employment capabilities with the arrival of Paris Labor & Employment partner Ludovic Roche.
Nixon Peabody Turns to SNR Denton for Paris Employment Hire
The Lawyer (UK) | February 2, 2011
This feature article notes the firm’s expansion of its European Labor & Employment capabilities with the arrival of Paris Labor & Employment associate Silvy Crespo.
Nixon Peabody Turns to SNR Denton for Paris Employment Hire
The Lawyer (UK) | February 2, 2011
This feature article notes the firm’s expansion of its European Labor & Employment capabilities with the arrival of Paris Labor & Employment associate Claire Lintingre.
Who’s In, Who’s Out
The Deal | February 1, 2011
This on-the-move column notes that Labor & Employment attorney Deborah Schwartz is among the firm’s 2011 new partner class.
Corporate Shuffle
The Boston Herald | January 30, 2011
This column, noting Boston-area executive moves, promotions, and honors, highlights Boston Labor & Employment associate Gauri Patil for being named to the Board of the South Asian Bar Association of Greater Boston.
Human Capital: People on the Move
Boston Business Journal | January 14, 2011
In this column noting Boston-area moves, promotions, and honors, Boston Labor & Employment associate Gauri Patil is included for being named to the board of the South Asian Bar Association of Greater Boston.
High Court’s ’10 Employment Rulings To Spur More Suits
Law 360 | January 1, 2011
This feature story discusses key U.S. Supreme Court rulings in 2010 that will set the stage for future litigation and affect workplaces for years to come. San Francisco Labor & Employment partner Seth Neulight is quoted in the article addressing the impacts of rulings in City of Ontario v. Quon and Lewis v. City of Chicago.
Employees to Be Told of Right to Unionize
Wall Street Journal | December 21, 2010
This feature story focuses on the National Labor Relations Board’s proposal to create a rule that would require employers to post notices apprising workers of their right to unionize. Washington, DC, Labor & Employment counsel John Raudabaugh, a former member of the NLRB, provides commentary in the piece.
Liability, Discrimination Issues for Holiday Parties?
Daily Record | December 13, 2010
This feature article discusses how employers should handle holiday celebrations in the workplace. Rochester Labor & Employment partner Stephanie Caffera is prominently featured throughout the piece providing third-party commentary.
Managing the Holidays in the Workplace
Providence Business News | December 13, 2010
This guest column, authored by Providence Labor & Employment partner Andrew Prescott, discusses how employers can best handle holiday celebrations in the workplace.
The Office Holiday Party
Albany Business Review | December 10, 2010
This article discusses what legal concerns employers should consider when hosting holiday parties. Albany Labor & Employment partner John Higgins is quoted in the piece.
NLRB OKs Dana Prerecognition Pact With UAW
Employment Law 360 | December 7, 2010
This feature story notes a recent National Labor Relations Board ruling that auto parts maker Dana Corp. and the United Auto Workers union did not violate the law in a deal that included subjects to be addressed in collective bargaining agreements that the parties would forge if the UAW were to win formal recognition at nonunionized company facilities. Washington, DC, Labor & Employment counsel John Raudabaugh, a former member of the NLRB, provides commentary in the piece.
Genetic Information Nondiscrimination Act Reds are First to Address Social Media
Providence Business News | November 29, 2010
This “guest column,” authored by Providence Labor & Employment partner Stacie Collier, discusses the Equal Employment Opportunity Commission’s final regulations providing more detailed guidance on the Genetic Information Nondiscrimination Act (GINA)’s restrictions on the acquisition, storage, and disclosure of genetic information.
Genetic Information Nondiscrimination Act Reds are First to Address Social Media
Providence Business News | November 29, 2010
This “guest column,” authored by Boston Labor & Employment associate Erika Collins, discusses the Equal Employment Opportunity Commission’s final regulations providing more detailed guidance on the Genetic Information Nondiscrimination Act (GINA)’s restrictions on the acquisition, storage, and disclosure of genetic information.
Court Rejects Privacy Claim for Employee’s Online Postings
Rochester Business Journal | November 26, 2010
This column, authored by Rochester senior counsel Jay Doyle, discusses a recent court decision regarding an employee’s expectation of privacy regarding online activity on Facebook and MySpace.
Court Rejects Privacy Claim for Employee’s Online Postings
Rochester Business Journal | November 26, 2010
This column, authored by Rochester Labor & Employment associate Joe Carello, discusses a recent court decision regarding an employee’s expectation of privacy regarding online activity on Facebook and MySpace.
What’s That Sound? OSHA’s New Noise Standards
Employment Law 360 | November 16, 2010
This guest column, authored by leader of the firm’s Labor & Employment practice Jeff Tanenbaum, discusses the possible changes being considered by the Occupational Safety and Health Administration (OSHA) to its interpretation of an employer’s obligations concerning employee exposure to occupational noise and the potential impacts.
What’s That Sound? OSHA’s New Noise Standards
Employment Law 360 | November 16, 2010
This guest column, authored by Rochester Labor & Employment partner Michael Hausknecht, discusses the possible changes being considered by the Occupational Safety and Health Administration (OSHA) to its interpretation of an employer’s obligations concerning employee exposure to occupational noise and the potential impacts.
Provisions in Health Care Law Keep Experts on their Toes
Rochester Business Journal | November 12, 2010
This article, featured in the publication’s special Insurance & Employee Benefits section, discusses health care reform and its impacts. Rochester Labor & Employment partner Eric Paley provides third-party commentary throughout the piece.
Labor Board Struggles for Relevance
National Law Journal | November 8, 2010
This feature article discusses the state of the National Labor Relations Board. Washington, DC, Labor & Employment counsel John Raudabaugh, a former member of the NLRB, provides commentary in the piece.
News in Brief
New York Law Journal | November 3, 2010
This coverage notes the arrival of Long Island Labor & Employment counsel Alesia Kantor.
A Cold, Cold World: Nixing ‘No Cold-Call’ Agreements
Competition, Employment & Technology Law360 | October 14, 2010
This guest column, authored by San Francisco partner and Labor & Employment practice group leader Jeff Tanenbaum, discusses a recent U.S. Department of Justice’s settlement focused on bilateral agreements regarding employers “cold calling” each other’s employees for employment.
NLRB Decisions Rose By 20% in Fiscal 2010
Employment Law 360 | October 8, 2010
This feature article notes that the National Labor Relations Board issued 315 decisions during the 2010 fiscal year—a 20 percent jump from fiscal year 2009. Washington, DC, Labor & Employment counsel John Raudabaugh, a former NLRB member, provides commentary in the piece.
Union in Focus: Is there a federal rescue plan under way?
Providence Business News | September 27, 2010
This guest column, co-authored by Providence Labor & Employment partner Andrew Prescott, discusses the current state of labor unions.
Union in Focus: Is there a federal rescue plan under way?
Providence Business News | September 27, 2010
This guest column, co-authored by Washington, DC, Labor & Employment counsel John Raudabaugh, discusses the current state of labor unions.
On the Move
Albany Times Union | September 5, 2010
In this column noting local executive moves, promotions, and honors, it is highlighted that Albany Labor & Employment attorney John Higgins has been named to the firm’s partnership.
News in Brief
New York Law Journal | September 2, 2010
In this column highlighting New York State legal industry news, it is noted that Albany Labor & Employment attorney John Higgins has been named partner.
Perils of Paying Retail
Treasury & Risk | September 1, 2010
The feature story discusses increased scrutiny of the fees that 401(k) plan participants pay for their retirement accounts following a recent California court ruling. Rochester Labor & Employment partner Eric Paley provides third-party commentary in the piece.
New Process Steel v. National Labor Relations Board—Post-Decision
SCOTUScast | September 1, 2010
This audio broadcast series provides legal commentary on U.S. Supreme Court cases as they are argued and issued. This particular segment, in which Washington, DC, Labor & Employment counsel John Raudabaugh provides commentary, addresses the Court’s decision in New Process Steel v. National Labor Relations Board.
Men Require Equal Protection, Too
The Daily Record | August 23, 2010
This feature story discusses the current state of employment discrimination and harassment lawsuits filed by male employees. Rochester Labor & Employment counsel Todd Shinaman provides third-party commentary in the piece.
New Approaches Needed for OSHA After 40 Years
BNA Daily Labor Report and Occupational Safety and Health Administration Reporter | August 12, 2010
This feature article discusses new recommendations for the Occupational Safety and Health Administration, including the need to provide an effective enforcement deterrent, refocus its compliance assistance programs, increase whistleblower protections, and develop new regulatory approaches to transform the way it protects workers. Washington, DC, Labor & Employment counsel John Raudabaugh provides commentary in the piece.
Employer, Beware: Outside Sales Reps May Require OT
Law 360 | August 3, 2010
This guest column, authored by Boston Labor & Employment associate Jeff Gilbreth, discusses the need for companies who employ outside sales representatives to take notice of their overtime policies and evaluate whether their outside sales representatives are properly classified as exempt following a recent Second Circuit decision.
FLSA Suits Escape to the Hamptons
Law 360 | July 28, 2010
This feature story discusses the increase in wage-and-hour lawsuits in the Hamptons section of Long Island given the presence of a large hospitality industry. Long Island Labor & Employment counsel Tara Daub provides commentary on this trend.
OSHA Says Several Options Being Considered for Possible Illness, Injury Prevention Rule
BNA Occupational Safety & Health Reporter | July 22, 2010
This feature article discusses the Occupational Safety and Health Administration’s examination of several possibilities for an injury and illness prevention program rule that could apply to workplaces depending on their size, injury and illness rates, and hazards. Washington, DC, Labor & Employment counsel and former member of the National Labor Relations Board John Raudabaugh is quoted in the article.
Only “Some Degree of Success” Necessary for Attorney’s Fee Award under ERISA
Bender’s Labor & Employment Bulletin | July 1, 2010
This contributed article, authored by Los Angeles Labor & Employment partner David Bacon, discusses the U.S. Supreme Court’s ruling that a district court has discretion to award attorney’s fees and costs under ERISA to either party as long as the fee claimant achieved “some degree of success on the merits.”
Justices Expand Second Amendment Gun Rights to States
National Law Journal | June 28, 2010
The feature story discusses the Supreme Court’s decision in McDonald v. Chicago, which expanded the reach of the Second Amendment to the states. San Francisco Labor & Employment partner Charles Dyke is quoted in the piece and identified as an attorney for the Chicago Board of Education.
Supreme Court Adopts “Arm’s-Length” Standard for Assessing Adviser Compensation Claims
Bender’s Labor & Employment Bulletin | June 22, 2010
This contributed article, authored by Los Angeles Labor & Employment partner David Bacon, discusses the United States Supreme Court’s decision in Jones v. Harris Assocs. L.P. regarding assessing advisor compensation claims under the Investment Company Act of 1940.
Supreme Court Adopts “Arm’s-Length” Standard for Assessing Adviser Compensation Claims
Bender’s Labor & Employment Bulletin | June 22, 2010
This contributed article, authored by Providence Labor & Employment associate Jillian Folger-Hartwell, discusses the United States Supreme Court’s decision in Jones v. Harris Assocs. L.P. regarding assessing advisor compensation claims under the Investment Company Act of 1940.
Court Rules State Owns Restored Beach
Wall Street Journal | June 18, 2010
This feature story discusses the significance of the recent decision by the U.S. Supreme Court in the New Process Steel v. National Labor Relations Board case. Washington, DC, Labor & Employment counsel John Raudabaugh, a former NLRB member, provides commentary in the piece.
Compensation Agenda: Living with Earnings Limits
HR Magazine | June 1, 2010
This feature story discusses some government employees making a case to be paid less, since their income, to a certain limit, is directly related to government-provided benefits they are eligible to receive. San Francisco Labor & Employment associate Paul Lynd provides commentary throughout the piece.
High Court Lowers Bar on Discrimination Suits
Business Insurance | May 30, 2010
The feature story discusses the U.S. Supreme Court’s unanimous decision to permit a discrimination case by a black Chicago firefighter applicant to proceed. The piece includes commentary from industry thought-leaders, including New York City Labor & Employment partner Phil Berkowitz, noting that this decision could lead to more claims and larger awards against employers.