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Labor & Employment



Our full service L&E practice delivers creative, specialized and real-world solutions to keep your business moving forward.

Our approach

Tomorrow’s workplace presents new challenges, but also immense opportunity.

The pace of workplace change is astounding. There is a global war for talent. Robotics in the workplace is a new reality. Employee owners and cooperatives now outnumber unions. And rapid advances in technology will transform everything yet again.

At the same time, new and ever more complex employment laws and regulations go into effect all the time, creating new compliance challenges and litigation risks.

We are constantly tracking evolving employment laws, market trends and technological advances to spot what’s next.

Our diverse team of more than 60 labor and employment attorneys covers every angle of the workplace: from complex ERISA matters, to safety regulations, to employee use of social media. Whether it’s a routine hire gone awry, wage and hour class action, a health care reform question or a precedent-setting labor dispute, we’ve got it covered.

We know every workplace is unique, which is why we take the time to understand your culture and goals and minimize workplace disruptions that stand in the way of your business potential.

Who we work with

  • All employers—large and small, private and public

Opioid addiction: What employers need to know

Spectrum News Rochester | July 20, 2018

Rochester Labor & Employment associate Kimberly Harding appears in this segment, discussing her outlook on how the opioid crisis is affecting the labor market in terms of lost productivity and costs to employers.

Employers often designate leave as FMLA despite objections

Society of Human Resource Management | July 12, 2018

Long Island Labor and Employment associate Elizabeth Schlissel is quoted in this article discussing how and why some employers designate employee leave under the terms of the Family Medical Leave Act, even when the employees don’t want to claim it.

Be cautious with settlement releases

Chicago Daily Law Bulletin | July 02, 2018

Chicago Complex Commercial Disputes associate Laura Bacon wrote this contributed article on a California employment discrimination matter that offers important lessons for employers entering into settlement agreements.

Cybersecurity and benefits plans: The next front in the ongoing battle to protect personal information

Confero | July 01, 2018

Rochester Corporate group associate Jenny Holmes contributed this article to the quarterly magazine for Westminster Consulting, discussing why benefit plans are inviting targets for would-be data thieves, and what plan administrators need to do to protect personal data.

Is your workplace toxic?

Long Island Business News | June 29, 2018

Long Island labor and employment partner Tara Daub is quoted in this article about what companies can do to remove a toxic culture in the workplace.

Markets, platelets and jazz

Bloomberg Radio | June 29, 2018

Boston Labor and Employment partner Jeff Gilbreth appeared on Bloomberg Radio to discuss a Massachusetts equal pay law.

Drug testing in the workplace

Bloomberg Radio | June 19, 2018

Boston labor and employment partner Jeff Gilbreth spoke to the hosts of Bloomberg Radio on the challenges of drug testing in the workplace in Massachusetts.

Adding relevance to anti-harassment training

Long Island Business News | June 11, 2018

Long Island labor and employment associate David Tauster is quoted in this article analyzing the impact of legislation signed by New York Governor Andrew Cuomo requiring all employers to adopt sexual harassment prevention policies.

Saucy worker pays for slam with job

Chicago Daily Law Bulletin | June 07, 2018

Chicago labor and employment partner Frank Saibert wrote this contributed article about a ruling on an unfair labor practice complaint filed by a pizzeria employee who was fired for demeaning his boss in a staff meeting.

Leaving a Trace at Work With Your Biometric Data

Providence Business News | May 24, 2018

Providence commercial litigation partner-elect Steven Richard wrote this column on how biometric data are replacing time cards and passwords as ways for employers to monitor their employees’ activities on the clock.

Buffalo-area immigration lawyers see range of issues stemming from Washington

Buffalo Business First | May 19, 2018

Providence corporate counsel Courtney New is quoted in this article asking business immigration practitioners about the top issues facing their clients as the federal government has clamped down on U.S. companies attempting to hire foreign workers.

Outlawing sexual harassment

HR Executive.com | May 16, 2018

Boston partner and labor and employment practice group leader David Rosenthal is quoted in this story on the possibility of states passing tougher laws against workplace sexual harassment as a result of the #MeToo movement.

5 tips for parental leave policies that minimize legal risk

Law360 | May 11, 2018

Providence labor and employment partner Stacie Collier is quoted in this article about how employers can ensure their parental leave policies are fair, equitable and lawful.

Must California employers pay for every second worked?

SHRM.com (Society of Human Resource Management) | May 08, 2018

San Francisco labor and employment partner Seth Neulight is quoted in this article analyzing a California Supreme Court case, Troester v. Starbucks, that could decide whether employers there must pay employees for ‘de minimis’ time—amounts of working time that are hard to track.

East County gym sued over transgender locker access

Fox 5 San Diego | May 02, 2018

Los Angeles labor and employment associate Erin Holyoke is quoted in this article about a discrimination lawsuit filed by Nixon Peabody and the ACLU Foundation of San Diego and Imperial Counties on behalf of their client Christynne Wood, a transgender woman, against a Crunch Fitness gym in San Diego county.

New Washington employment laws focus on privacy and #MeToo

Law360 | April 23, 2018

Long Island labor and employment partner Chris Gegwich and associate Chris Moro co-wrote this article analyzing new laws recently passed in Washington state that will directly impact employer-employee relationships when they take effect in June.

Some work environments, hostile as advertised, are not actionable

Chicago Daily Law Bulletin | April 19, 2018

Chicago commercial litigation associate Laura Bacon wrote this article analyzing a recent claim of hostile work environment brought by an employee of the Illinois Department of Human Services.

The rise of retaliation rates

HR Executive | April 18, 2018

Los Angeles labor and employment associate Alicia Anderson is quoted in this article discussing the results of the latest Global Business Ethics Survey, which found record numbers of employees reporting misconduct within their organizations and a sharp rise in reports of retaliation against whistleblowers.

To Boost Gender Pay Equity, Emanuel Bans City Departments from Asking Job Applicants for Salary History

Chicago Tribune | April 11, 2018

Chicago labor and employment partner Brian Alcala is quoted in this article analyzing the popularity and effectiveness of laws aiming to close the gender pay gap by prohibiting employers from asking for a potential hire’s salary history.

Montana Highlights

Big Sky Business Journal | April 09, 2018

Nixon Peabody is mentioned in this roundup of major Montana business news for its representation of Eagle Bancorp Montana, Inc., in its acquisition of Ruby Valley Bank in Twin Bridges, Montana. Nixon Peabody’s deal team was led by Public Company Transactions partner Lloyd Spencer and senior counsel Ray Gustini and included Public Company Transactions partner Sean Clancy, Real Estate partner Colette Dafoe, Energy & Environmental Group partner Jean McCreary, and Labor & Employment partners Jeff Gilbreth, Yelena Gray and Tom McCord.

Higher Education Should Note Recent Title VII Rulings

Law360 | April 05, 2018

This expert analysis of recent circuit court decisions involving claims of discrimination on the basis of sexual orientation at colleges and universities was co-written by Albany government investigations and white-collar defense partner Tina Sciocchetti, Boston government investigations and white-collar defense associate Julianna Malogolowkin and Rochester commercial litigation associate Zachary Osinski.

Deceptive Office Entry Costs Union Organizer Job

Chicago Daily Law Bulletin | March 28, 2018

Chicago labor and employment partner Frank Saibert wrote this contributed column on a National Labor Relations Board dispute between an area hotel and an employee/union organizer who was fired following a demonstration.

High Court Clarifies Corporate Whistleblower Laws

Rochester Business Journal | March 23, 2018

Rochester private equity and investment funds partner Jeremy Wolk wrote this contributed article analyzing a Supreme Court ruling that clarifies federal protections for corporate whistleblowers, but may limit the incentive for employees to first report suspected misconduct internally.

The Delayed Final Rule and Disability Claims Procedures: Are You Ready? Do You Have to Be?

Journal of Compensation and Benefits | March 20, 2018

Labor and employment associates Claire Rowland and Jenny Holmes authored this article about key changes and impact of the U.S. Department of Labor’s updated regulations for required disability claims procedures (Final Rule) going into effect on April 1, 2018.

NLRB Slaps Hotel Operators over Baseless Union Lawsuit

Chicago Daily Law Bulletin | February 27, 2018

Chicago labor and employment partner Frank Saibert contributed this article on a court dispute between the owners of an Anchorage, Alaska hotel and its unionized workforce.

Workplace Messaging Apps Offer Flexibility Require Vigilance

Newsday | February 17, 2018

Long Island labor and employment partner Chris Gegwich is quoted in this article discussing how employers should create policies on the proper use of instant messaging apps in the workplace.

5 Ways to Avoid Legal Heartache from Office Romance

Law360 | February 16, 2018

San Francisco labor and employment partner Seth Neulight is quoted in this article discussing why employers have an interest in regulating or managing workplace romances, and examining the pitfalls of so-called “love contracts” governing relationships between colleagues.

How Law Firms and Law Schools are Capitalizing on Cryptocurrency And Blockchain

San Francisco Business Times | February 01, 2018

This article mentions Nixon Peabody’s new Blockchain Technology and Smart Contacts team, which includes Rochester labor and employment practice group leader Eric Paley, San Francisco counsel Dan Valles and nearly 60 additional attorneys across offices and practice groups.

Review Your Company Dating Policy in Light of #MeToo Movement

SHRM | January 31, 2018

In this article on company dating policies, Rochester Labor & Employment associate Kim Harding is quoted on ways companies can avoid possible #MeToo experiences when employees date one another.

Trump Labor Board Forges Forward

Chicago Daily Law Bulletin | January 24, 2018

Chicago labor and employment partner Frank Saibert contributed this article on the National Labor Relations Board’s shift in outlook as a result of the election of President Trump.

Absent with leave

Long Island Business News | January 24, 2018

Long Island Labor & Employment associate Tony Dulgerian is quoted in this article discussing the rules and policies regarding the New York Paid Family Leave Benefits Law.

What to Know About NY's New Paid Family Leave Law: Part 2

Law360.com | January 11, 2018

Long Island labor and employment associates Tony Dulgerian, Chris Moro and David Tauster co-wrote this second article in a two-part series addressing employers’ frequently asked questions about New York state’s new paid family leave law.

Rhode Island Maternity Leave: Everything Expectant Parents Need to Know About the State's Paid Leave Laws

Working Mother | January 11, 2018

Providence labor and employment partner Stacie Collier is quoted in this article about whether an employee on parental leave can collect Rhode Island’s temporary caregiver insurance and a partial salary from an employer.

What to Know About NY's New Paid Family Leave Law: Part 1

Law360.com | January 10, 2018

Long Island labor and employment associates Tony Dulgerian, Christopher Moro and David Tauster co-wrote this first article in a two-part series addressing employers’ frequently asked questions about New York state’s new paid family leave law.

Mental health exam bests ADA shield

Chicago Daily Law Bulletin | December 28, 2017

Chicago Labor & Employment partner Frank Saibert authored this column about a recent U.S. Circuit Court of Appeals decision in Painter v. Illinois Department of Transportation, which addressed employee protections if an employer requires a mental health exam.

Partial delay of fiduciary rule leaves investment industry in limbo

Pensions & Investments | December 07, 2017

Rochester labor and employment partner Christian Hancey and associate Jenny Holmes co-wrote this article on the Department of Labor’s new fiduciary rule regulations.

Judge blocks deportation about-face by U.S. government

Courthousenews.com | November 29, 2017

Manchester commercial litigation partner Dan Deane and associate Nate Warecki, and Boston government investigations and white collar defense associate Ronaldo Rauseo-Ricupero were mentioned in this article for their key court victory representing Indonesian immigrants who faced possible deportation.

Federal judge affirms right to halt Indonesian deportations

Seacoast Online | November 28, 2017

Manchester commercial litigation associate Nate Warecki talks about a favorable ruling in U.S. District Court on a pro bono matter that will ensure due process for 51 immigrants from Indonesia. Nate, along with Manchester commercial litigation partner Dan Deane and Boston government investigations and white collar defense associate Ronaldo Rauseo-Ricupero  teamed with the ACLU to represent the immigrants, who fled religious persecution in their home country but were threatened with deportation by Immigration and Customs Enforcement.

NH Indonesian community celebrates legal victory in deportation case

New Hampshire Union Leader | November 28, 2017

Manchester commercial litigation partner Dan Deane and associate Nate Warecki, and Boston government investigations and white collar defense associate Ronaldo Rauseo-Ricupero were mentioned in this article on the 51 Indonesian immigrants who fled their home country due to religious persecution but faced possible deportation by Immigration and Customs Enforcement.

Marijuana and the workplace

Providence Business News | November 24, 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.

Appeals court gives pass on racial slurs

Chicago Daily Law Bulletin | November 20, 2017

Chicago labor and employment partner Frank Saibert looks at how the divided U.S. 8th Circuit Court of Appeals ruled on the case of a striking employee fired after shouting racial slurs at temporary workers crossing an Ohio picket line.

What to expect after latest DOL overtime rule appeal

Law360 | November 16, 2017

Los Angeles labor and employment counsel Dale Hudson and Rochester labor and employment associate Jeffrey League authored this column about what employers should expect relating to the U.S. Department of Labor’s appeal, which invalidated the Obama administration’s overtime rule.

How can health care workers who refuse to get flu shots be accommodated?

SHRM.com | November 06, 2017

San Francisco labor and employment associate Rachel Conn is quoted in this article about how employees should handle requiring flu shots for health care workers.

Blockchain annuity startup adds legal advisor

ThinkAdvisor | November 01, 2017

This article includes Rochester labor and employment partner and practice group leader Eric Paley as one of blockchain annuity startup Auctus’ newest board members, in a move to enhance its financial services expertise.

Long-term medical leave not part of FMLA

Chicago Daily Law Bulletin | October 23, 2017

Chicago labor and employment partner Frank Saibert authored this column about a recent definitive ruling from the 7th U.S. Circuit Court of Appeals regarding whether a long-term leave of absence is considered a reasonable accommodation under the Americans with Disabilities Act.

Department of Education withdraws Obama-era Title IX Guidance

Rochester Business Journal | October 20, 2017

Rochester private equity and investment funds partner Jeremy Wolk authored this column about the Department of Education’s recent decision to withdraw of Obama-era Title IX guidance.

Preventative discrimination training should be ongoing

Rochester Business Journal | October 20, 2017

Rochester labor and employment partner Stephanie Caffera and manager of diversity and inclusion Rekha Chiruvolu were quoted in this special report regarding why employers should provide preventative discrimination training in the workplace.

The right-to-work movement

Long Island Business News | October 18, 2017

Long Island labor and employment partner Tara Daub provides commentary in this article on the National Labor Relations Board and a proposed right-to-work bill.

Revisiting Title IX process could benefit all lawyers say

Rhode Island Lawyers Weekly | October 05, 2017

Providence commercial litigation counsel Steven Richard provides commentary in this article about the Trump administration’s Title IX guidance document.

Why remote working succeeds at some companies and not others

Chicago Tribune | October 04, 2017

Chicago labor and employment associate Brittany Bogaerts is quoted in this article about the growing number of employees working remotely in the U.S.

Expanding in-person interviews

HR Executive | September 26, 2017

This article focuses on the U.S. Citizenship and Immigration Services decision to expand in-person interviews for certain immigration applicants.  Boston labor and employment counsel Courtney New provides commentary about the impact on the green card process.

5th Circ. dismissal signals end to Obama overtime regs

September 22, 2017

Los Angeles labor and employment counsel Dale Hudson and Rochester labor and employment associate Jeff League authored this column about a recent U.S. Department of Labor request that was granted by the Fifth Circuit to dismiss an appeal of a ruling that enforced the Obama administration’s overtime pay regulations.

Federal courts grind up gender bias charges against sausage company

Chicago Daily Law Bulletin | September 18, 2017

Chicago labor and employment partner Frank Saibert contributed this article analyzing a case surrounding a former employee’s sexual discrimination claims.

The requirements of California wage and hour law: a primer

Bender’s California Labor & Employment Bulletin | September 01, 2017

Los Angeles labor and employment counsel Dale Hudson and associate Irene Scholl-Tatevosyan authored this article on California’s wage and hour mandates for employers.

An employer’s lawyer

Long Island Business News | August 30, 2017

This article features Long Island labor and employment partner Jeff Meyer’s arrival to Nixon Peabody, highlighting his extensive wage-and-hour and class action experience, and quotes Long Island office managing partner Allan Cohen.

Illinois' No Salary History bill vetoed

Chicago Tribune | August 28, 2017

Chicago labor and employment partner Brian Alcala provides third-party commentary in this article about the vetoed Illinois' No Salary History bill.

Appellate court clobbers labor board in union arrest case

Chicago Daily Law Bulletin | August 17, 2017

Chicago labor and employment partner Frank Saibert authored this column about a decision in the U.S. Court of Appeals for the DC Circuit which sided with a big-box retailer in a dispute with union representatives who were arrested for trespassing at the store.

'Ambush' Election Rule Under Fire

Human Resource Executive Online | July 31, 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.

San Francisco bans salary history questions

Society of Human Resource Management (SHRM) | July 21, 2017

San Francisco labor and employment partner Seth Neulight is quoted in this article about San Francisco’s Parity Pay Ordinance, which blocks all employers from asking applicants about their salaries.

Even if you win, you might lose: Understanding the Trump administration’s increased scrutiny of H-1B employers

New Hampshire Business Review | July 07, 2017

Manchester commercial litigation associate Nate Warecki authored this column about the increased scrutiny of H-1B employers under the Trump administration.

Counting union ballots and close calls

Chicago Daily Law Bulletin | July 05, 2017

Chicago labor and employment partner Frank Saibert authored this column about a recent decision in the 7th U.S. Circuit Court of Appeals which reversed the National Labor Relations Board ruling regarding a case involving a scribbled-upon ballot in a secret union ballot election.

Dodd-Frank leaves muddle on forced arbitration of whistleblower claims

Reuters | July 05, 2017

San Francisco labor and employment partner Bonnie Glatzer is quoted in this article about whether whistleblowers are entitled to sue their employers under the Dodd-Frank Act’s anti-retaliation provisions.

Interior Department wants one more go at Mashpee Wampanoag land ruling

Taunton Gazette | July 02, 2017

This coverage is about recent developments in the case involving the Mashpee Wampanoag Tribe’s bid for land to build a casino in Taunton, Massachusetts, and the U.S. Department of Interior’s next steps. Rochester commercial litigation partner David Tennant and Boston labor and employment associate Matt Frankel are included for representing the Massachusetts residents.

Interior letter renews hope for Mashpee tribe’s plans

The Cape Cod Times | July 01, 2017

The following coverage is about recent developments in the case involving the Mashpee Wampanoag Tribe’s bid for land to build a casino in Taunton, Massachusetts and the U.S. Department of Interior’s next steps. Rochester commercial litigation partner David Tennant and Boston labor and employment associate Matt Frankel are included for representing the Massachusetts residents.

Mass. tribe pulls casino land-into-trust bid from DOI

Law360 | June 28, 2017

This article is about recent developments in the case involving the Mashpee Wampanoag Tribe’s bid for land to build a casino in Taunton, Massachusetts.  Rochester commercial litigation partner David Tennant and Boston labor and employment associate Matt Frankel are included for representing the Massachusetts residents.

FMLA Abuse: Serving Jail Time, Moonlighting, Vacationing and More

SHRM HR Today | June 21, 2017

Chicago Labor & Employment associate Brittany Bogaerts is quoted in this article about employees who misuse the Family and Medical Leave Act (FMLA).

Mashpee tribe’s land in trust decision—including Taunton casino site—delayed

Taunton Gazette | June 20, 2017

Rochester commercial litigation partner David Tennant is quoted, and Boston labor and employment associate Matt Frankel is mentioned, in this article about when a ruling will be made in a casino and land-in-trust case in Massachusetts.

Collective bargaining agreement allows court action before arbitration

Chicago Daily Law Bulletin | June 19, 2017

Chicago labor and employment partner Frank Saibert authored this column about Vega v. New Forest Home Cemetery LLC, involving a seasonal employee’s alleged violations of the Fair Labor Standars Act and the Illinois Wage Payment and Collection Act.

In first, N.Y.C. law governs business contracts with freelancers

Rochester Business Journal | June 16, 2017

Rochester private equity and investment funds partner Jeremy Wolk authored this column about the “Freelance Isn’t Free” Act, which was passed by the New York City Council and is the country’s first payment protection measure for freelance workers/non-employees.

Tell employees what not to wear this summer

SHRM | June 12, 2017

San Francisco labor and employment partner Seth Neulight is quoted in this article about summer dress code policies.

Less formal arbitration not always better than judiciary

Rochester Business Journal | June 09, 2017

Rochester labor and employment partner Stephanie Caffera contributed this article on NLRA employee protections for vulgar tirade.

Medical marijuana decision seen as complicating life for employers

Rhode Island Lawyers Weekly | June 01, 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.

Top 10 social media issues for businesses

New Hampshire Business Review | May 31, 2017

Manchester office managing partner Andrew Share authored this column about ten issues businesses should consider regarding employee and company use of social media.

How your minor health incentives can leave you wide open to major legal trouble

HRMorning | May 30, 2017

This article is about company wellness programs and highlights a recent presentation by Rochester labor and employment partner Kate Saracene which outlined employers’ compliance obligations and issues they may encounter.

Pol says city should help employees buy out their retiring bosses

Crain’s New York | May 24, 2017

San Francisco labor and employment partner Karen Ng is quoted in this article about NYC Public Advocate Letitia James’ policy brief advocating for employee stock ownership plans (ESOPs) as a succession plan for employees of businesses whose owners are preparing to retire.

Court of Appeals slaps labor board over employee interrogation rights

Chicago Daily Law Bulletin | May 22, 2017

Chicago labor and employment partner Frank Saibert authored this column about a recent unanimous decision by the U.S. Court of Appeals for the District of Columbia Circuit that reversed a National Labor Relations Board ruling regarding employee rights during an interrogation by an employer.

Haze surrounds marijuana laws for HR professionals

Rochester Business Journal | May 19, 2017

Rochester private equity and investment funds partner Jeremy Wolk and Long Island partner Chris Gegwich co-authored this article about employee protections in states that currently allow marijuana for medical purposes or recreational use.

Ten legal issues to watch when it comes to eSports

Forbes | May 19, 2017

Associates Irene Scholl-Tatevosyan, Matt Morris, Chris Queenin and Brianna Howard co-authored this article about legal issues the booming eSports industry should consider.

Tipped workers seek full minimum wage

SHRM | May 19, 2017

Los Angeles labor and employment associate Alicia Anderson is quoted in this article about a case involving restaurant chain P.F. Chang’s China Bistro Inc.’s employees’ fight for full minimum wage for non-tipped work.

Immigration in esports: Do gamers count as athletes?

Forbes | May 18, 2017

Boston labor and employment counsel Courtney New contributed this article about how the U.S. immigration system’s lack of a definition for “athlete” in the P-1 visa category presents challenges for the booming esports industry.

When you can fire an employee for nasty workplace talk

Law360 | May 17, 2017

Labor and employment partners Stephanie Caffera and Chris Gegwich and associate Alex Gallin co-authored this column that explains why the National Labor Relations Act protected an employee who posted profanities about his supervisor on social media, but did not protect an employee who was fired for yelling profanities at his employer.

4 boxes to check before firing an offensive employee

Law360 | May 17, 2017

Long Island labor and employment associate Alex Gallin is quoted in this article about four things employers need to consider before firing an employee over offensive speech.

A look at Trump's Labor Department

HR Executive Online | May 15, 2017

Providence labor and employment partner Andrew Prescott is quoted in this article about the new Labor Secretary Alexander Acosta and how he may impact the Labor Department rules and policies.

Sneaky pitfalls that can turn your FSA plan into a compliance nightmare

HR Morning | May 12, 2017

This article is about Rochester labor and employment partner Kate Saracene’s presentation on company FSA plans at the Mid-Sized Retirement & Healthcare Plan Management Conference in Phoenix, Arizona.

When You Cant Fire An Employee For A Nasty Facebook Post

Law360 | May 09, 2017

Labor and employment partners Stephanie Caffera and Chris Gegwich and associate Alexander Gallin co-authored this column about certain employee protections under the National Labor Relations Act (NLRA), including a recent Second Circuit ruling upholding the decision that an employee’s vulgar Facebook post was protected activity under the NLRA.

Making harassment hotlines work

Human Resources Executive | May 08, 2017

Boston labor and employment partner David Rosenthal is quoted in this article about considerations human resources executives should make regarding harassment hotlines for employees.

Job market wide open for prospective accountants

Rochester Business Journal | May 05, 2017

Rochester labor and employment partner Brian Kopp is quoted in this article about the job market for new lawyers and accountants and what firms are looking for in young lawyers.

Employers take care—it’s May Day

HRE Daily | May 01, 2017

Providence labor and employment partner Andrew Prescott is mentioned in this article about employees’ rights around International Workers Day demonstrations.

Labor board finds company comments too quid pro quo for its liking

Chicago Daily Law Bulletin | April 24, 2017

Chicago labor and employment partner Frank Saibert contributed this article about a case involving an employer’s misleading comments about possible pay raises if employees voted against a labor union.

Trump moves to limit visa program for tech workers

The Boston Globe | April 19, 2017

Boston immigration counsel Courtney New provides commentary on President Trump’s executive order relating to the H-1B visa program and its likely impact on the number of overseas workers coming to the U.S. for entry-level technical jobs.

The Daily Record names its 2017 Excellence in Law winners

The Daily Record | April 13, 2017

Rochester labor and employment partner Stephanie Caffera was recognized by the 2017 Excellence in Law awards as a “Top Woman in Law.”

California court denies employer’s request to unmask author of anonymous post

SHRM | March 28, 2017

Providence commercial litigation counsel Steve Richard contributed this article about a company’s efforts to remove a former employee’s anonymous online post which the company believed revealed company trade secrets.

Courts reject Oracle, Anthem bids to kill 401(k)-fee suits

Ignites | March 27, 2017

San Francisco labor and employment counsel Charles Dyke is quoted in this article about recent 401(k)-fee cases surviving motions to dismiss.

No individual liability under FEPA Supreme Court rules

Rhode Island Lawyers Weekly | March 23, 2017

Providence labor and employment associate Jessica Jewell is quoted in this article discussing individual liability under Fair Employment Practice Agencies and the Rhode Island Civil Rights Act, in light of the decision in Mancini vs. City of Providence.

NLRB allows a ‘do-over’ after ALJ error

Chicago Daily Law Bulletin | March 22, 2017

Chicago labor and employment partner Frank Saibert authored this column about developments in a case involving the National Labor Relations Board and a union discharge.

California bill would expand family leave for seriously ill

Society for Human Resource Management | March 02, 2017

San Francisco labor and employment partner Jeff Tanenbaum is quoted in this article about proposed legislation in California to expand family leave eligibility to include caring for grandparents, grandchildren, siblings, domestic partners, in-laws and more.

Love is in the air—and at the office

Credit Union Journal | February 14, 2017

San Francisco labor and employment partner Jeff Tanenbaum provides commentary in this article about relationships in the workplace and what HR departments need to keep in mind.

7th Circuit rewrites sanction standards

Chicago Daily Law Bulletin | January 30, 2017

Chicago labor and employment partner Frank Saibert authored this column about a recent dismissal that was upheld by the 7th U.S. Circuit Court of Appeals and how the ruling affects sanction standards.

Two-fisted union boycott campaign finds clear labor act violations

Chicago Daily Law Bulletin | January 11, 2017

Chicago labor and employment partner Frank Saibert authored this column about a lawsuit resulting from a labor union’s boycott against a hotel and casino in Chicago.

Curtailing credit checks

HR Executive | January 09, 2017

San Francisco labor and employment partner Jeff Tanenbaum is quoted in this article about employers’ use of credit checks in hiring decisions.

Southwest worker says reporting affair brought retaliation

Bloomberg Daily Labor Report | December 28, 2016

Providence labor and employment partner Neal McNamara is noted as representing Southwest in this article about recent developments in a lawsuit filed by a Southwest employee claiming that she was subjected to retaliation and a hostile work environment after she complained about her husband’s affair with her supervisor.

NLRB 1964 Civil Rights Act bump heads

Chicago Daily Law Bulletin | December 15, 2016

Chicago labor and employment partner Frank Saibert authored this column that discusses an ongoing litigation between Cooper Tire & Rubber Co. and the National Labor Relations Board. The dispute is over whether Cooper violated the National Labor Relations Act by firing an employee who yelled racist comments at a temporary worker who crossed the union’s picket line during a lockout.

Law Column

Rochester Business Journal | December 09, 2016

Rochester private equity and investment funds partner Jeremy Wolk and San Francisco labor and employment associate Traci Bernard-Marks co-authored this article about impacts the Trump administration may have on labor and employment law.

Trumping Obama's employment law legacy

Law360 | November 16, 2016

Providence Labor & Employment partner Stacie Collier and San Francisco Labor & Employment partner Jeff Tanenbaum and associate Traci Bernard-Marks contributed this article about anticipated changes in labor and employment law by President-elect Trump and Republicans in Congress.

Here's how labor and employment might change under Trump

Fast Company | November 11, 2016

Providence Labor & Employment partner and office managing partner Andrew Prescott is quoted discussing how President-elect Trump may reshape the National Labor Relations Board and the ways it could affect employers.

7th Circuit reverses worker’s jury verdict

Chicago Daily Law Bulletin | November 10, 2016

Chicago Labor & Employment partner Frank Saibert authored this “Labor Daze” column about the 7th Circuit reversing a ruling in a recent lawsuit in federal court involving a railway worker who claimed that his firing was a violation of the Federal Railroad Safety Act.

Trump spells trouble for Obama's employment legacy

Law360 | November 09, 2016

This article focuses on the labor and employment changes we could see in a Trump administration. San Francisco Labor & Employment partner Jeff Tanenbaum discusses the topic of equal pay.

When employers are liable for nonemployee conduct

Law360 | November 01, 2016

Chicago Commercial Litigation associate Laura Bacon and Chicago Labor & Employment associate Brittany Bogaerts co-authored this column about how the conduct of nonemployees in the work place could present employers with potential liability.

Avoiding retirement plan risk

University Business | November 01, 2016

Rochester Labor & Employment partners Eric Paley and Christian Hancey are both quoted in this article discussing the impact retirement plan fee litigation, which many colleges and universities are facing, has on the higher education community.

Learning how to keep staff at 40 hours per week; new labor laws are expanding who must be paid extra for working more than 40 hours

Fast Company | October 19, 2016

Boston Labor & Employment partner Jeffrey Gilbreth is quoted throughout this article about the labor laws going into effect in December 2016, and ideas for employers to keep their staff members at 40 hours a week.

5 employer lessons from NLRB's Chipotle decision

Law360 | October 19, 2016

Providence office managing partner and Labor & Employment partner Andrew B. Prescott, and Labor & Employment associate Jessica Jewell, guest authored this column about important guidance for employers in light of the National Labor Relation Board’s recent decision regarding several Chipotle employment policies.

Even non-violent labor act crosses line

Chicago Daily Law Bulletin | October 11, 2016

Chicago Labor & Employment partner Frank Saibert authored this column that focuses on strikers and exceptions to protections under the National Labor Relations Act when they engage in misconduct.

FOIA Decision Analyzes Public v. Privacy Interests

Rhode Island Lawyers Weekly | October 04, 2016

This story notes a federal judge’s order in the Freedom of Information Act case requiring the government to release redacted medical records entered as evidence at a doctor’s trial—a win for Rhode Island journalist Philip Eil. Providence Labor & Employment partner Neal McNamara and associate Jessica Jewell are quoted in the piece as Eil’s pro bono counsel on behalf of the Rhode Island chapter of the American Civil Liberties Union.

Experts: Even tiny firms need sexual harassment policies

Newsday | October 02, 2016

Long Island Labor & Employment partner Chris Gegwich provides commentary in this piece that discusses the need for all companies—no matter how small—to have polices in place to prevent sexual harassment.

Evidentiary Standards for Bias Cases Get Put Through New Prism

Chicago Daily Law Bulletin | September 07, 2016

Chicago Labor & Employment partner Frank Seibert authored this column discussing a blockbuster decision by the United States Court of Appeals for the Seventh Circuit overruling two long-standing lines of its own precedent to clarify the evidentiary standards to be used in discrimination cases.

Retirement Plan Lawsuits Could be Just the Beginning

Inside Higher Ed | August 18, 2016

Rochester partner and co-leader of the firm’s labor and employment practice Eric Paley is quoted in this piece about a new wave of lawsuits targeting the retirement plans of several colleges and universities.

NLRB Overlooks Manual, Favors Union

Chicago Daily Law Bulletin | August 16, 2016

Chicago labor and employment partner Frank Saibert authored this “Labor Daze” column about the National Labor Relations Board handling of the United Government Security Officers of America, Local 365, recent election. Click here to read the full article.

Bosses—Personal cellphone use is a productivity killer

Newsday | August 08, 2016

Long Island Labor & Employment partner Chris Gegwich provides commentary in this article that discusses the type of policies employers should use as guidelines for personal mobile phone use in the workplace.

Mass. Casino Opponents Come Up Winner In Trust Land Fight

Law360 | July 29, 2016

This article highlights a favorable federal court ruling for a firm client in a case involving a proposed casino in Massachusetts.  Rochester commercial litigation partner David Tennant and Boston labor and employment associate Matt Frankel represented residents of the town of Taunton who challenged the construction of the Mashpee Wampanoag Tribe’s planned casino.

Bad Faith Labor Dealings Prove Costly

Chicago Daily Law Bulletin | July 19, 2016

Chicago Labor & Employment partner Frank Saibert authored this column that discusses how bargaining in demonstrably bad faith during can be costly to employers.

Judge promises quick decision on challenge to Taunton casino

Boston Globe | July 12, 2016

This article provides updates on the legal battle over the Mashpee Wampanoag tribe’s plan to build a $1 billion casino in Taunton, MA, a city located 40 miles from Boston. Partner David Tennant and associate Matt Frankel are representing the group of Taunton property owners.

Uber case lawyers face tall order to produce more info

San Francisco Daily Journal | July 05, 2016

San Francisco Labor & Employment partner Jeff Tanenbaum provides commentary throughout this story on a U.S. District Judge’s demand that lawyers in the Uber Technologies Inc. misclassification lawsuit quickly produce additional information regarding an up-to-$100-million settlement between Uber and California and Massachusetts drivers.

New York's craft beverage industry moves forward

Buffalo Law Journal | July 04, 2016

Food, Beverage & Agriculture team members New York City associate Jackie Sudano and Rochester associate Joe Carello provide commentary in this in-depth feature article that looks at the current state of New York’s craft beverage industry.

Landscape is in flux for non-compete agreements

Rochester Business Journal | June 10, 2016

Rochester labor and employment partner Steve Jones is quoted in this article about recent changes to the New York laws surrounding non-compete agreements.

Cash Balance Plans Face an Amendment Deadline

Confero | June 01, 2016

Chicago Labor & Employment partner Yelena Gray authored this column discussing the upcoming compliance deadline for cash balance plan sponsors.

Major Changes for OT

Rochester Business Journal | May 20, 2016

Rochester Labor & Employment counsel Todd Shinaman is quoted in this article about the Department of Labor’s recent changes to overtime regulations.

Boys' club claim too far a discovery reach

Chicago Daily Law Bulletin | May 16, 2016

Chicago Labor & Employment partner Frank Saibert authored this column on an employment discrimination lawsuit filed by a veteran female police officer against her employer—one of the larger counties in Illinois.

5 Surprising Things You Should Know About Generation Z

Inc. Magazine | May 13, 2016

Labor & Employment practice group co-leader Stacie Collier and Chicago associate Laura Bacon provide commentary throughout this piece discussing how Generation Z is impacting business.

State Legislation Increases Wages, Mandates Family Leave

Rochester Business Journal | May 13, 2016

Rochester partners Jeff LaBarge and Steve Jones, counsel Todd Shinaman, and associates Joe Carello and Kim Harding co-authored this column discussing New York’s landmark legislation raising the minimum wage and mandating paid family leave.

4 Employer Lessons from Handbook Rules Axed by NLRB

Law360 | May 05, 2016

Chicago Labor & Employment partner Brian Alcala provides third-party commentary in this feature story that looks at lessons learned from the National Labor Relations Board’s heightened scrutiny of employee handbooks.

Evening The Score: A New Wave Of Equal Pay Act Claims

Law360 | May 03, 2016

Partner and Labor & Employment practice group co-leader Stacie Collier and Labor & Employment associate Steven Nevolis authored this column discussing claims by the U.S. Women’s National Soccer Team alleging that members of the Women’s Team are unlawfully compensated at a much lower rate than their male counterparts, members of the U.S. Men’s National Soccer Team. The article looks at the case itself, the increasing attention that the gender pay gap is receiving and what it means for employers.

GINA offers EEOC 'another arrow in the quiver' to protect employees against discrimination, attorney says

Pennsylvania Record | April 19, 2016

Labor & Employment partner Chris Gegwich provides commentary in this article on the Genetic Information Nondiscrimination Act.

No fault found for employer of new mom

Chicago Daily Law Bulletin | April 13, 2016

Chicago Labor & Employment partner Frank Saibert authored this piece that discusses a case centered upon alleged violations of the Fair Labor Standards Act and the new Illinois Nursing Mothers in the Workplace Act by an employer.

ACLU prepared to defend Warwick media outlets threatened with lawsuit over posting public report

Providence Business News | March 30, 2016

This piece notes that the American Civil Liberties Union of Rhode Island will represent two local media outlets if they are sued for writing about how local school administrators handled accusations of sexual misconduct by a teacher. Providence office managing partner Neal McNamara and associate William Wynne are mentioned as ACLU volunteers who will represent the media if the lawsuit moves forward.

Mandatory Health History Form Violated ADA, GINA

SHRM | March 30, 2016

Long Island Labor & Employment partner Chris Gegwich provides commentary in this piece discussing a case in which an employer violated federal laws by requiring job applicants to fill out a health history form before being considered for work. The article looks at the specific matter and its impact.

When Jobs Go Wrong

Nature | March 24, 2016

Rochester Labor & Employment partner Stephanie Caffera is featured in this piece discussing having to dismiss lab members and how to go about doing so properly.

Gender Identity Discrimination: What New York Employers Should Know

Bloomberg BNA Labor & Employment Blog | March 24, 2016

Long Island Labor & Employment partner Chris Gegwich and associate Tony Dulgerian are featured in this piece discussing new regulations from the New York State Division of Human Rights regarding gender identity employment discrimination.

New York City Employers Should Think Twice Before Reviewing a Current or Potential Employee's Credit History

ABA Labor & Employment Law Flash | March 16, 2016

Long Island Labor & Employment associate Tony Dulgerian authored this column about the expanded rights of New York City employees.

Q&A: Phil Eil on His Battle to Get Evidence from a 2011 Drug Trial

Rhode Island Public Radio | March 14, 2016

Providence office managing partner Neal McNamara and Providence Labor & Employment associate Jessica Jewell are mentioned in this radio show Q&A for their pro bono work in filing a Freedom of Information Act lawsuit for the American Civil Liberties Union of Rhode Island on behalf of a local journalist.

Court finds one bias type but not another

Chicago Daily Law Bulletin | March 14, 2016

Chicago Labor & Employment partner Frank Saibert authored this column about Cage v. City of Chicago which focuses on issues of age, gender and race discrimination and unlawful retaliation between employer and employee. Click here to read the full article.

EEOC raises the stakes with retaliation rule update

Business Insurance | March 13, 2016

Long Island Labor & Employment group partner Chris Gegwich provides third-party commentary in this feature story that discusses the U.S. Equal Employment Opportunity Commission's proposed update of its guidance on workplace retaliation and the potential impact.

N.Y. takes aim against transgender discrimination in the workplace

Rochester Business Journal | March 11, 2016

Rochester partner Jeff LaBarge and associate Kim Harding co-authored this law column discussing transgender discrimination issues in the workplace.

Yelp's Tweet About Fired Employee Could Spell Legal Trouble

Inc. | March 02, 2016

San Francisco Labor & Employment partner Bob Dolinko provides third-party commentary on a tweet by Yelp in response to a former employee’s public post over her firing.

Nextpert: Affordable Care Act reporting deadlines draw near

Democrat and Chronicle | February 28, 2016

Rochester Labor & Employment partner Kate Saracene contributed this column which describes a new set of requirements for employers under the Affordable Care Act.

Belhurst Castle adds mystery surcharge to bill

Democrat and Chronicle | February 23, 2016

Rochester Labor & Employment associate Joe Carello is quoted in this piece providing commentary on New York State “labor surcharge” on dining tabs.

Is the office losing its allure for finding love?

Chicago Tribune | February 11, 2016

Chicago Labor & Employment partner Brian Alcala provides third-party commentary in this article about office romances and what employers need to know.

‘Ban the Box' Laws in New York—Is Your Company Compliant?

SHRM HR Daily | February 10, 2016

Labor & Employment attorneys Chris Gegwich and Alex Gallin authored this column discussing New York’s three largest cities' legislation prohibiting employers from asking applicants about their past criminal record on an employment application and if your company is compliant.

Fairy Tale Endings for Office Romances are Far-Fetched

Law360 | February 10, 2016

Labor & Employment attorneys Kim Harding and Bob Dolinko authored this column discussing how employers should handle office romances.

Court won't dismiss customer harassment case

Chicago Daily Law Bulletin | February 09, 2016

Chicago Labor & Employment partner Frank Saibert authored this column discussing gender-based harassment claims by the Equal Employment Opportunity Commission against a large warehouse club on behalf of former Costco employee.

Attorneys React to High Court ERISA Reimbursement Ruling

Law360 | January 20, 2016

San Francisco counsel and leader of the ERISA Litigation team Chuck Dyke discusses the Supreme Court’s ruling that a retirement plan cannot sue under the Employee Retirement Income Security Act for reimbursement of medical expenses from a third-party settlement that a plan participant has already spent.

How EEOC's Costco Case Impacts Customer Harassment Claims

Law360 | January 19, 2016

Chicago associates Laura Bacon and Brittany Bogaerts co-authored this column noting that EEOC v. Costco serves as a reminder that employers may be held responsible for customer harassment of employees and that hostile work environment claims are not limited to claims of harassment by other employees.

New Laws Force Shops to Scrutinize Pay Practices for Men, Women

Ignites | January 19, 2016

Long Island Labor & Employment associate Tony Dulgerian provides third-party commentary on new laws in New York and California aimed at closing the pay gap between men and women.

NLRB decision retreats from early ruling

Chicago Daily Law Bulletin | January 14, 2016

Labor & Employment partner Frank Saibert authored this column discussing a divided National Labor Relations Board ruling regarding employees recording coworkers on the job without management’s approval. Click here to read the full article.

Using Social Media to Disqualify Job Candidates is Risky 

Chicago Tribune | January 11, 2016

Chicago Labor & Employment partner Brian Alcala provides third-party commentary in this article about employers’ use of social media to evaluate job candidates.

Washington Oks last-minute changes to health care rules

Rochester Business Journal | January 04, 2016

Rochester partner and leader of our Health and Welfare Employee Benefits team, Kate Saracene provides commentary in this feature article discussing the potential impact of recent changes to the Affordable Care Act.

Hackers Strike Out

Journal of Sports Analytics | January 01, 2016

Boston associate Matt Frankel authored this column discussing recent cases of alleged misappropriation, infringement, and/or theft of sports analytics intellectual property.

Family Medical History Queries Violate GINA

Society for Human Resource Management (SHRM) | December 22, 2015

Labor & Employment partner Christopher Gegwich is quoted in this article discussing inquiries by employers that violate the Genetic Information Nondiscrimination Act (GINA).

OSHA Enforcement Trends to Watch in 2016

Compliance Week | December 22, 2015

San Francisco Labor & Employment partner Jeff Tanenbaum provides commentary regarding the Occupational Safety and Health Administration (OSHA) enforcement trends that significantly raise the stakes for companies that fail to provide safe workplaces.

Delayed request kills NLRB injunction bid

Chicago Daily Law Bulletin | December 14, 2015

Chicago Labor & Employment partner Frank Saibert authored this column discussing the National Labor Relations Act’s Section 10(j) allowing federal district courts, at the National Labor Relations Board’s request, to grant temporary injunctions pending the board’s resolution of unfair labor practice charges. Click here to read the full article.

Why Is the DEA Not Cooperating with This FOIA Request?

Esquire | December 02, 2015

A journalist looking to write a book on the former Chicago physician dubbed the “Pill Mill Doctor” is seeking thousands of pages of evidence about the trial from the DEA. Providence office managing partner Neal McNamara and the ACLU are advising the journalist.

Social Media in the Hiring Process

Practical Law | December 01, 2015

Labor & Employment partner Jeff Gilbreth and associate Joe Carello discuss a number of issues facing employers that access and use social media in the hiring process.

Contacts

David S. Rosenthal

Partner
Practice Group Leader,
Labor & Employment

drosenthal@nixonpeabody.com

Phone: 617-345-6183

Brian V. Alcala

Partner
Deputy Practice Group Leader, Labor & Employment

bvalcala@nixonpeabody.com

Phone: 312-977-4366

  • Recognized by U.S. News-Best Lawyers 2017 as a national Tier 1 leader for Employment Law—Management, Labor Law—Management, and Litigation—Labor & Employment
  • Employment attorneys ranked as leading lawyers in their fields by Chambers USA/Global
  • Ranked by Law360 as an Employment 100 firm
  • National and metropolitan honors from publications like Best Lawyers in America, Super Lawyers, Martindale-Hubbell, and other directories and publications
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