Andrew Prescott represents employers, including not-for-profit organizations, in diverse employment and labor law matters. He counsels employers on compliance and risk avoidance in situations involving disciplinary actions, leaves of absence, reasonable accommodation, wage and hour, and employee concerted activity. Andrew advises employers dealing with union organizing, handles National Labor Relations Board and grievance arbitration proceedings, and negotiates collective bargaining agreements. He represents employers involved in employment disputes in mediation, arbitration, and litigation. He represents employers nationally and in various industries, including insurance, banking, shipping and distribution, manufacturing, hospitality and health care. He regularly advises foreign employers on compliance with United States employment and labor law.
I defend employers in state and federal courts and administrative agencies such as the National Labor Relations Board, the Equal Employment Opportunity Commission. the Rhode Island Commission for Human Rights, the Massachusetts Commission Against Discrimination, and the Rhode Island Department of Labor and Training. I have handled cases before the Supreme Court of Rhode Island, the First Circuit Court of Appeals in Boston, state courts in Massachusetts and Rhode Island, and federal court in Rhode Island, Massachusetts, and elsewhere. I handle both single plaintiff and class/collective action cases.
When my clients get sued, I help them develop and execute litigation plans focused on achieving resolution while managing cost. I explore with clients the feasibility of alternative dispute resolution and pursuing cost effective settlements when it makes business sense. For example, in two related cases brought against a bank client, I prevailed in one case on summary judgment and reached a successful settlement of the other through mediation in a coordinated approach that saved money and vindicated management’s decisions.
I also educate and train managers and other employees on a variety of subjects, including sexual and other forms of harassment and best management practices, to help minimize exposure to employment liability. I tailor my trainings to the specific client, and I include interactive opportunities to assess risk and share approaches to common problems. My goal is to provide a practical and useful understanding of the many laws governing employers. I help human resource and executive personnel stay ahead of changes in the law through such training and day-to-day advice.
Employers turn to me for counsel in remaining union free and for representation when they must deal with a union representing their employees. I have negotiated and written collective bargaining agreements covering employees of hotels, power generating facilities, health care institutions, manufacturers and public transit providers.
Management rights, incentive compensation and other provisions I negotiate give my clients the operational flexibility they need to thrive in competitive environments. In grievance arbitration cases, I use my litigation skills to represent employers defending cases involving termination and discipline, contract interpretation, operational/management rights and benefits.
Victories I have obtained in grievance arbitration have ensured that terminated employees would not be forced back by arbitrators; reinforced management rights; and permitted necessary changes in benefits. Often, employers dealing with unions need representation on multiple fronts such as when I concurrently negotiated a first collective bargaining agreement and defended the same employer in unfair labor practice proceedings alleging firing the chief union organizer for making threats of violence.
Employment law will continue to fluctuate and become more complex as the state and federal legislatures deal with the public health crisis, climate change, racial and social unrest, and a continually evolving, increasingly diverse workforce. As the modern workplace evolves technologically, employers will need to be innovative in employee relations. On the labor front, federal labor law may swing back to favoring employee and union rights over employers’ rights.
Providence Business News | January 22, 2021
This article covering Rhode Island’s push to double the number of daily COVID-19 tests in the state quotes Providence office managing partner Andrew Prescott, of the Labor & Employment group, on a R.I. statute that could potentially restrict employers from requiring tests as a condition of employment.
Rochester Business Journal | July 10, 2020
Rochester Corporate partner Jeremy Wolk contributed this column on the U.S. Supreme Court’s recent determination—notably during Pride Month—that sexual orientation and gender identity are protected under federal law. The column was adapted from an NP alert by Rochester partner Stephanie Caffera, Providence office managing partner Andrew Prescott, Boston department attorney Aimee Bierman, and Long Island associate Christopher Moro, all of the Labor and Employment group.
Law360 | June 01, 2020
Rhode Island’s high court affirmed that NP client W.B. Mason did not violate employment laws in firing a supply driver who refused a drug test. The article mentions Providence office managing partner Andrew Prescott, of the Labor & Employment group, for representing the office supply company.
Law360 | April 29, 2020
Providence office managing partner Andrew Prescott, partner Neal McNamara, and associate Aaron Nadich, all of the Labor & Employment group, are mentioned for representing restaurant management platform provider Upserve in a breach of contract case against a former executive. The judge in the case this week granted Upserve’s motion for preliminary injunction and barred the former executive from working at his new employer, an Upserve competitor.
Providence Business News | February 28, 2020
This article quotes Providence Office Managing Partner Andrew Prescott and Labor and Employment partner Stacie Collier on the steps Nixon Peabody is taking to increase diversity among attorneys and the changes they have seen in the profession over time.
Providence Business News | December 06, 2019
Managing partner and CEO Andrew Glincher, Director of Diversity and Inclusion Rekha Chiruvolu, and Providence Office Managing Partner Andrew Prescott provide commentary in this profile highlighting Nixon Peabody’s diversity and inclusion efforts. At Thursday’s Providence Business News Diversity & Inclusion Summit, NP was honored as the award winner in the Legal Services category.
Employment Law Alert | 07.14.20
Employment Law Alert | 04.29.20
Coronavirus Response Alert | 04.08.20
Employment Law Alert | 06.05.18
06.10.20 | Webinar
03.11.20 | Webinar
06.11.19 | Manchester, NH
Washington and Lee University School of Law, J.D., cum laude
University of Massachusetts, Amherst, B.A., magna cum laude
Andrew was selected, through a peer-review survey, for inclusion in The Best Lawyers in America© 2021 in the fields of Employment Law—Management; Labor Law—Management; and Litigation—Labor and Employment. He was named the Best Lawyers® 2021 Litigation - Labor and Employment “Lawyer of the Year” in Providence, RI. Andrew was previously named the Best Lawyers® 2015 and 2020 Labor Law—Management “Lawyer of the Year” in Providence. Andrew has been listed in Best Lawyers since 2007.
Andrew has also been recognized for exceptional standing in the legal community in Chambers USA: America’s Leading Lawyers for Business 2020 for Labor & Employment (Rhode Island). He has been recognized by Chambers USA in previous years.
Andrew was also named a “Litigation Star” by Benchmark Litigation in its 2020 edition.
Andrew has been recognized as a “Rhode Island Super Lawyer” in Labor and Employment based on a peer-review survey by Thomson Reuters (2008–2013).
Andrew is a member of the Rhode Island Manufacturing Institute Board of Directors. He volunteers for the Meeting Street Center and served as the former chair for both the Board of Directors of the New England Division of the American Cancer Society, and the Labor Law Committee of the Rhode Island Bar Association. Andrew is a member of the Professional Ethics Committee of the Rhode Island Bar Association.