Andrew Prescott represents private and public sector employers in diverse labor, wage and hour and discrimination matters. His labor practice includes unfair labor practice charge hearings, collective bargaining and grievance arbitration. He represents employers nationally and in various industries, including gas transmission and energy, transportation, manufacturing and health care. He has advised 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 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.
When my clients get sued, I help them develop and execute litigation plans focused on achieving resolution while managing cost. I spend time exploring the feasibility of alternative dispute resolution and pursuing cost effective settlements when it makes business sense. For example, in 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 recently delivered management training for a hospital that provided 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.
On the labor front, alternative labor groups will play an increasingly important role and will test the vulnerability of employers to legal challenges on the wage and hour, health and safety and equal employment opportunity fronts. Arbitration and other dispute resolution approaches will reemerge as employers seek to resolve disputes without the cost and expense of traditional litigation.
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.
Providence Business News | November 23, 2017
Providence labor and employment partner and office managing partner Andrew Prescott analyzes the workplace impact of the legalization of marijuana in all six New England states.
Human Resource Executive Online | July 30, 2017
The article focuses on the Workforce Fairness and Democracy Act. Providence labor and employment partner Andrew Prescott discusses the act’s potential to eliminate the ambush election rule.
Rhode Island Lawyers Weekly | May 31, 2017
Providence labor and employment partner Andrew Prescott provides commentary in this article about Rhode Island’s Hawkins-Slater Medical Marijuana Act, which bars employers from refusing to hire someone if he or she uses medical marijuana.
Employment Law Alert | 04.29.20
Coronavirus Response Alert | 04.08.20
Employment Law Alert | 06.05.18
Employment Law Alert | 12.20.17
Employment Law Alert | 09.21.17
Employment Law Alert | 05.29.17
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© 2020 in the fields of Employment Law—Management; Labor Law—Management; and Litigation—Labor and Employment; and was named the Providence “Lawyer of the Year” for Labor Law—Management in 2020. Andrew has been listed in Best Lawyers since 2007, and was also the 2015 Providence “Lawyer of the Year” in Labor Law—Management.
Andrew has also been recognized for exceptional standing in the legal community in Chambers USA: America’s Leading Lawyers for Business 2019 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.