OfficeWindowMeeting_77276544_HomeFeature

Labor & Employment



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

Coronavirus (COVID-19) Response: Labor & Employment Issues

Employers have been at the forefront of the coronavirus (COVID-19) pandemic, forced to simultaneously make decisions that protect their workforce while also ensuring their businesses are well-positioned to meet their customers’ needs.

Click here for some of the coronavirus-related issues we can help you address »

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

U.S. pastors, advocacy groups mobilize against COVID-19 vaccine mandates

Reuters | October 14, 2021

This article on the large-scale efforts of religious and advocacy groups to challenge COVID-19 vaccine mandates quotes Rochester Labor & Employment partner Kim Harding on the recent rapid increase in religious exemption requests, which have historically been rare.

Judges vaccine religious exemption ruling comes as good news for some NY health care workers

Spectrum News | October 12, 2021

This article, focusing on a federal judge’s ruling upholding the religious exemption to New York State’s vaccine requirement for health care workers, quotes Rochester Labor & Employment partner Kim Harding on what is required of employees to qualify for the exemption and the process for employers to vet these accommodations.

Employer conundrum: To test or not to test?

Politico Pro | October 05, 2021

San Francisco Labor & Employment associate Hillary Baca, also a member of the firm’s Cannabis practice, is quoted in this article on how pressures of the recent labor shortage and changing attitudes toward cannabis have some employers reconsidering drug-testing policies. The article is based on a client alert Hillary co-authored with Rochester Labor & Employment partner Kim Harding.

Businesses are stuck waiting for federal vaccine mandate rules

The Boston Globe | October 05, 2021

This article on OSHA’s impending vaccine requirement for larger employers quotes Boston Labor & Employment partner Jeff Gilbreth on some of the key questions facing employers. He also notes that the long lead time could enable groups to prepare lawsuits challenging whether OSHA has the authority to issue a private employer mandate.

Q&A on OSHAs upcoming vaccine mandate-What it means for HR

HR Specialist Employment Law | October 01, 2021

This industry newsletter includes the client alert “President Biden orders vaccination mandate for large employers,” co-authored by San Francisco partner Rachel Conn, Rochester partner Kim Harding, and Providence department attorney Shelagh Michaud, all of the Labor & Employment group. The Q&A covers OSHA’s emergency standards, the 100-employee threshold in Biden’s vaccination mandate, and how the rule affects state OSHA plans.

Vaccine mandates reach 25% of U.S. companies after Biden order

Bloomberg | September 30, 2021

This article, discussing President Biden’s directive to larger employers mandating vaccines or weekly testing, quotes San Francisco Labor & Employment partner Rachel Conn on the potential logistical heavy lift for employers in implementing weekly testing.

A quiet US Supreme Court term ahead for IP—with one potential explosion

The National Law Journal | September 29, 2021

This article covering high-profile IP cases in the U.S. Supreme Court’s upcoming term includes a case involving client H&M Hennes & Mauritz, LP and allegations of fabric design copyright infringement by textile company Unicolors. The NP team representing H&M includes Intellectual Property partner and Fashion practice leader Staci Riordan, Intellectual Property counsel Aaron Brian, and Labor & Employment senior counsel Dale Hudson, all of the Los Angeles office.

Should you put your Covid-19 vaccination status on your résumé? Many hiring managers say yes

The Wall Street Journal | September 27, 2021

This article, covering the growing trend among hiring managers to favor candidates who indicate on their resumes that they are fully vaccinated, quotes San Francisco Labor & Employment partner Rachel Conn on the potentially discriminatory nature of employers pushing for this information.

Wake up call

Bloomberg Law | September 17, 2021

This roundup of notable legal news and moves mentions the arrival of Los Angeles Corporate counsel Jean Yu as a member of the firm’s Employee Benefits & Executive Compensation team.

What workers and employers should know a week after Biden issued COVID vaccine mandate

The Charlotte Observer | September 16, 2021

This article, which has been syndicated across the country, quotes the client alert “President Biden orders vaccination mandate for large employers” co-authored by San Francisco partner Rachel Conn, Rochester partner Kim Harding, and Providence department attorney Shelagh Michaud, all of the Labor & Employment group. The content covers OSHA emergency standards, the 100-employee threshold in Biden’s vaccination mandate, and how the rule affects state OSHA plans.

Vaccine mandate lacks detail

The Daily Record | September 15, 2021

This article on President Biden’s recent vaccine mandate for employees of larger companies quotes Rochester Labor & Employment partner Kim Harding on legal questions and nuances employers have regarding the mandate’s implementation and her outlook on OSHA’s upcoming emergency temporary standard.

Rochester labor and employment attorney swamped with messages since vaccine mandate announced

Spectrum News | September 14, 2021

This broadcast segment, on President Biden’s announcement requiring the COVID-19 vaccine for employees of larger companies, features insight from Rochester Labor & Employment partner Kim Harding, focusing on questions that remain for employers as they navigate the legal landscape and nuances of the mandate, as well as the testing option still available for vaccine-resistant employees. Rochester records clerk Jody Smith also appears in the segment.

Legal perspective on vaccine mandates for employers

Rochester Business Journal | September 10, 2021

Rochester Labor & Employment partner Kim Harding contributed this column which analyzes the legality of mandating COVID-19 vaccines for employees, including the different requirements governing exemption requests, and provides best practices on how employers can mitigate challenges when implementing this policy.

University plumber prepared to lose job rather than get the COVID-19 vaccine

Spectrum News | September 10, 2021

This broadcast segment on President Biden’s announcement requiring the COVID-19 vaccine for employees of larger companies quotes Rochester Labor & Employment partner Kim Harding on employers’ right to impose terms and conditions for employment and the reasoning behind New York State’s vaccine mandate for health care workers.

Business Hour with Frank Mottek

CBS Radio – KNX | September 09, 2021

San Francisco Labor & Employment partner Rachel Conn joined the radio program to discuss President Biden’s proposal that would require employers with more than 100 employees to mandate vaccines or weekly testing, as well as the question of whether employers can deny sick leave or paid time off for any unvaccinated employees who contract Covid-19 and must miss work as a result.

Is COVID-19 surcharge for unvaccinated workers looming?

Rochester Business Journal | September 02, 2021

This article, which covers the growing shift among employers to take more forceful measures when incentivizing workers to get vaccinated, extensively quotes Rochester Corporate partner Brian Kopp, of the Employee Benefits & Executive Compensation team, and Labor & Employment partner Stephanie Caffera on the prospect of charging unvaccinated employees to compensate for health care costs, and the rules employers must abide by if they decide to pursue this path.

Employees who refuse to get COVID-19 vaccine may not qualify for unemployment

WHEC-TV | September 01, 2021

This broadcast segment, covering the latest development around NYS’ vaccine requirement for hospitals and healthcare workers, quotes Rochester Labor & Employment partner Kim Harding on the notion of employee “voluntary-ness” and the potential consequences for employees deciding not to get the vaccine.

Under R.I. equity measure, firms may need wage audit

Providence Business News | August 20, 2021

This article on Rhode Island’s new pay equity law quotes Providence Labor & Employment counsel Jessica Schachter Jewell extensively on what employers can expect under the law and how they can prepare before the law takes effect on Jan. 1, 2023.

Law360 names attorneys who moved up the firm ranks in Q2

Law360 | August 18, 2021

This article on notable partner-level promotions during Q2 includes the appointment of Providence Labor & Employment partner Stacie Collier to Chief Talent Officer. In addition, NP’s recent appointments to department heads and practice group leaders were included: San Francisco Complex Commercial Disputes partner Tony Barron as Litigation Department chair, Boston Private Equity & Investment Funds partner John Beals as Investment Funds practice group leader, Boston Corporate partner Chris Keefe as Business & Finance Department chair, Los Angeles Corporate partner Shahzad Malik as Tax team co-leader, Washington DC Community Development Finance partner Matt Mullen as Community Development Finance practice group leader, and Albany Private Equity partner Todd Tidgewell as Corporate practice group leader.

NYS orders hospitals and nursing homes to order their employees to get vaccinated

WHEC-TV | August 16, 2021

This broadcast segment, focusing on Governor Cuomo’s announcement that all New York State health care workers must be vaccinated, quotes Rochester Labor & Employment partner Kim Harding on the way in which the state is rolling it out, by requiring hospitals and nursing homes to require it of their employees.

MRM research roundup: Mid-August 2021 edition

Modern Restaurant Management | August 16, 2021

This state-of-the-restaurant-industry and outlook article includes NP’s Q3 Food & Beverage Crystal Ball, covering trends around labor shortages, ransomware attacks, wildfires, and brewery distribution agreements. The insights were provided by Intellectual Property co-leader and Cybersecurity & Privacy team leader Jason Kravitz and Corporate associate Anthony Bova, both in Boston; Providence Labor & Employment counsel Jessica Schachter Jewell; and San Francisco counsel Ian T. O’Banion, and Albany associate Dana P. Stanton, both of the Affordable Housing & Real Estate group

Navigate cannabis legalization, avoid employment litigation

HR Dive | August 13, 2021

Rochester Labor & Employment partner Kim Harding co-wrote this contributed article highlighting three common pitfalls for employers as they comply with the patchwork of state and federal laws regulating the use of legal cannabis by their employees.

World business report

BBC World News | August 06, 2021

In the following podcast and broadcast segment, Los Angeles Labor & Employment associate Irene Scholl-Tatevosyan discusses the potential for regulators to take a stronger look at the gaming industry following the recent lawsuit filed by the Department of Fair Employment and Housing (DFEH) against Activision Blizzard. The discussion also touches upon efforts made in the gaming industry to increase diversity, unionization, and ways that publishers and other gaming companies can take a proactive response to address potential workplace culture issues.

FTW with Imad Khan

Dot Esports | August 02, 2021

In the following podcast and broadcast segment, Los Angeles Labor & Employment associate Irene Scholl-Tatevosyan discusses the potential for regulators to take a stronger look at the gaming industry following the recent lawsuit filed by the Department of Fair Employment and Housing (DFEH) against Activision Blizzard. The discussion also touches upon efforts made in the gaming industry to increase diversity, unionization, and ways that publishers and other gaming companies can take a proactive response to address potential workplace culture issues.

Pandemic and heat create workplace risks

HR Magazine | August 02, 2021

This article, covering potential heat illness risks in the workplace, quotes Labor & Employment deputy practice group leader and Los Angeles partner Ben Kim on the different factors employers should consider when creating heat illness prevention plans and the proactive steps they should take to avoid heat stroke or heat exhaustion in the first place.

Firm's chief talent officer goes 'deep in'

Rhode Island Lawyers Weekly | July 29, 2021

This Q&A features Chief Talent Officer and Providence Labor & Employment partner Stacie Collier discussing how her new role expands on the work she has been doing for several years as Professional Personnel Partner, including attracting and retaining top talent, mentorship, mental health and well-being, and diversity, equity and inclusion initiatives.

Ask the experts

Employee Benefits Plan Review | July 27, 2021

Chicago partner Yelena Gray, Washington, D.C. partner Damian Myers, and Rochester associate Lena Gionnnette, all with the Corporate group and Employee Benefits & Executive Compensation team, contributed this column addressing various questions about health benefit coverage, including parity requirements for mental health and medical benefits, in addition to the application of continuing “COBRA” benefits for former employees.

CDC adjusts mask guidance as Delta variant surges

Law360 | July 27, 2021

This article, covering the U.S. Centers for Disease Control and Prevention’s updated mask guidance following a surge in COVID-19 cases, quotes Boston Labor & Employment partner Jeff Gilbreth on the numerous factors employers will need to navigate as they consider their return-to-work plans.

The Crown Act expands definition of racial discrimination according to legal expert

WHEC-TV | July 24, 2021

In this broadcast segment on ‘The Crown Act’, a federal bill aiming to broaden the definition of discrimination by including hair texture and protected hair styles, Rochester Labor & Employment partner Kim Harding explains the impetus for the bill and its potential implications for employers nationwide.

Employer-side lawyers parse pay equity law

Rhode Island Lawyers Weekly | July 23, 2021

Providence Labor & Employment counsel Jessica Schachter Jewell is quoted throughout this article on what employers can expect under Rhode Island’s new pay equity law, including the importance of looking across all protected classes, potential complicating factors related to the “ comparable work” concept, and wage history prohibition and transparency.

Apple isn't the only tech company spooked by the Delta variant

Protocol | July 23, 2021

This article, on how some tech companies are reevaluating return to office plans in light of Covid-19 Delta variant concerns, quotes San Francisco Labor & Employment partner Rachel Conn on possible facial covering mandates and considerations about the Delta variant that employers should take into account.

It's time for a four-day workweek, America

Democrat & Chronicle | July 14, 2021

This article on the pandemic’s disruption of the conventional workweek quotes Rochester Labor & Employment partner Stephanie Caffera for her thoughts on worker productivity, which continued while working from home, and how it’s opening up the conversation around restructuring the workplace.

DC Circuit Court sides with employer in paid time off matter

Chicago Daily Law Bulletin | July 06, 2021

Chicago Labor & Employment counsel Frank Saibert contributed this article analyzing the D.C. Circuit Court’s ruling, which found that a manager’s commentary about an employee’s union was protected personal opinion and absent of threat.

Five major wage and hour ruling so far in 2021

Law360 | July 01, 2021

This article on notable wage and hour rulings from the first half of the year quotes San Francisco Labor & Employment associate Jade Butman for her outlook on rounding break time in Donohue v. AMN Services, and the impact of including consumers in the Federal Aviation Administration Authorization preemption analysis in California Trucking Association et al. v. Bonta et al.

Promotions

Massachusetts Lawyers Weekly | June 17, 2021

This column of notable attorney news highlights the selection of Providence Labor & Employment partner Stacie Collier as NP’s first-ever Chief Talent Officer.

Amazon has stopped testing job seekers for cannabis: Here's what it means for you

GreenState | June 15, 2021

Rochester Labor & Employment partner Kim Harding is quoted in this article on Amazon’s announcement it will stop testing job seekers for cannabis, noting the impact of Amazon’ s decision at a national level and adding that Amazon’ s support of the MORE Act lends a great deal of credibility to the proposed legislation that would legalize marijuana at the federal level.

People in the law

Rhode Island Lawyers Weekly | June 11, 2021

This column of notable attorney news highlights the selection of Providence Labor & Employment partner Stacie Collier as NP’s first-ever Chief Talent Officer.

Breaking down the HERO Act

Rochester Business Journal | June 11, 2021

Rochester Labor & Employment partner Stephanie Caffera and associate Conor Tallet contributed this article analyzing New York’s first of its kind law, the Health and Essential Rights Act, and the new burdens on employers to protect employees from COVID-19 and other airborne infectious diseases in the workplace.

Cal/OSHA Updated COVID-19 Guidelines

CBS/KNX News Radio | June 09, 2021

San Francisco Labor & Employment partner Rachel Conn discussed an upcoming Cal/OSHA emergency standard board meeting to review its recently updated COVID-19 guidelines on facial coverings, following the urging made by the California Department of Public Health to reconsider the board’s earlier guidelines to better align with CDC recommendations.

Baystate Business

Bloomberg Radio | June 07, 2021

Boston Labor & Employment partner Jeff Gilbreth joined the radio program to discuss recent workplace vaccine guidance from the Equal Employment Opportunity Commission (EEOC), including employers’ concerns, industries where some organizations have mandated vaccinations, and what could constitute “coercive” incentives from employers, among other related topics.

In Depth

CBS/KNX News Radio | June 01, 2021

San Francisco Labor & Employment partner Rachel Conn discussed Cal/OSHA’ s proposed updated COVID-19 guidelines and other top-of-mind issues for California-based employers and employees, including whether employers can ask for workers’ vaccination status, Cal/OSHA’ s requirement for vaccination documentation, and whether employers can require employees to be vaccinated.

H&M sweater spat heads to High Court

Courthouse News Service | June 01, 2021

The following article covers the U.S. Supreme Court’s decision to hear a case involving client H&M and allegations of fabric design copyright infringement by textile company Unicolors. Los Angeles Intellectual Property partner Staci Riordon, vice-chair of the Litigation Department and Fashion Practice leader, is quoted in the Law360 article on defending the previous Ninth Circuit ruling, which held that the trial court had erred in its ruling, and found that instead of infringement, the textile company’s copyright was invalid and the plaintiff did not use the copyright process appropriately. The NP team representing H&M also includes Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of the Los Angeles office.

SCOTUS to review H&M's 9th Circuit win in copyright dispute

Reuters | June 01, 2021

The following article covers the U.S. Supreme Court’ s decision to hear a case involving client H&M and allegations of fabric design copyright infringement by textile company Unicolors. Los Angeles Intellectual Property partner Staci Riordon, vice-chair of the Litigation Department and Fashion Practice leader, is quoted in the Law360 article on defending the previous Ninth Circuit ruling, which held that the trial court had erred in its ruling, and found that instead of infringement, the textile company’s copyright was invalid and the plaintiff did not use the copyright process appropriately. The NP team representing H&M also includes Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of the Los Angeles office.

High Court to consider intent bar in H&M copyright escape

Bloomberg Law | June 01, 2021

The following article covers the U.S. Supreme Court’s decision to hear a case involving client H&M and allegations of fabric design copyright infringement by textile company Unicolors. Los Angeles Intellectual Property partner Staci Riordon, vice-chair of the Litigation Department and Fashion Practice leader, is quoted in the Law360 article on defending the previous Ninth Circuit ruling, which held that the trial court had erred in its ruling, and found that instead of infringement, the textile company’s copyright was invalid and the plaintiff did not use the copyright process appropriately. The NP team representing H&M also includes Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of the Los Angeles office.

Supreme Court agrees to hear H&M copyright case

Law360 | June 01, 2021

The following article covers the U.S. Supreme Court’s decision to hear a case involving client H&M and allegations of fabric design copyright infringement by textile company Unicolors. Los Angeles Intellectual Property partner Staci Riordon, vice-chair of the Litigation Department and Fashion Practice leader, is quoted in the Law360 article on defending the previous Ninth Circuit ruling, which held that the trial court had erred in its ruling, and found that instead of infringement, the textile company’s copyright was invalid and the plaintiff did not use the copyright process appropriately. The NP team representing H&M also includes Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of the Los Angeles office.

Arbitration ruling gives DOL a boost to enforce wage laws

Law360 | May 29, 2021

This article, on a recent Ninth Circuit ruling that an arbitration agreement between a business and its employees does not affect a U.S. Department of Labor enforcement lawsuit, quotes Los Angeles Labor & Employment associate Mae Hau on the ruling and how it could potentially impact future employment arbitration agreements.

Labor of law

Law.com | May 27, 2021

Stacie’s selection as the firm’s first-ever chief talent officer was also featured in Law.com’s “Labor of Law” column.

Why corporate diversity reports are not good enough

Fortune | May 26, 2021

Stacie’s selection as the firm’s first-ever chief talent officer was also featured in Fortune’s Broadsheet newsletter, “for and about the world’s most powerful women”.

Wake-up call

Bloomberg Law | May 26, 2021

Providence Labor & Employment partner Stacie Collier is featured in this article for being appointed as the firm’s first-ever Chief Talent Officer.

Mask guidelines pose challenge to OSHA's ‘grave danger’ mandate

Bloomberg Law | May 20, 2021

San Francisco Labor & Employment partner Rachel Conn is quoted in this article on how the CDC’s updated guidance that the risk of COVID infection is minimal for people who are fully vaccinated likely weakens OSHA’s argument that there is a “grave danger” to employees.

Business groups press to reinstate a ‘search for work’ requirement in return for jobless benefits

The Boston Globe | May 18, 2021

Providence Labor & Employment senior counsel Andrew Prescott is quoted in this article on the job-search requirement for people receiving unemployment benefits, noting that reinstating the requirement could help send the right message since unemployment benefits are intended to be a short-term cushion until workers find new employment.

Things you need to know about returning to work now that COVID is receding

The Boston Globe | May 18, 2021

This article covering a range of questions employees will face as they begin returning to offices quotes Boston Labor & Employment partner Jeff Gilbreth on whether employers can make union workers get vaccinated or wear a mask, and the likelihood that many workplaces will adopt a “bifurcated” vaccine and mask policy for vaccinated and unvaccinated employees.

New mask rules pose challenge to business

Rochester Business Journal | May 18, 2021

In this article on New York State’s revised mask guidance in accordance with federal recommendations, Rochester Labor & Employment partner Kim Harding is quoted on enforcement challenges for businesses and the uptick in client inquiries regarding the guidance, mandatory vaccination policies, and job postings.

CDC's about-face on masks puts employers in a bind

Law360 | May 14, 2021

The following media clip features Boston Labor & Employment partner Jeff Gilbreth discussing the new CDC guidance for vaccinated people and how it could impact employers, including the dilemma of having two sets of rules for vaccinated and unvaccinated workers versus maintaining a single set of rules with mask mandates.

Baystate Business- From the MBTA to MGH

Bloomberg Radio | May 14, 2021

The following media clip features Boston Labor & Employment partner Jeff Gilbreth discussing the new CDC guidance for vaccinated people and how it could impact employers, including the dilemma of having two sets of rules for vaccinated and unvaccinated workers versus maintaining a single set of rules with mask mandates.

As businesses digest CDC mask guidance, some look to Governor Baker for faster reopening

The Boston Globe | May 13, 2021

This article covering the CDC’s new mask guidance for fully vaccinated people quotes Boston Labor & Employment partner Jeff Gilbreth on implications for employers and the workplace, including how it could get problematic if employers ask for evidence of vaccination.

What employers need to know about the new COBRA subsidy

Rochester Business Journal | May 07, 2021

Rochester Corporate partner Brian Kopp and associate Lena Gionnette contributed this article analyzing the new COBRA subsidy, as part of the American Rescue Plan Act of 2021, and the challenges it will pose to employers.

Law360 names attorneys who moved up the firm ranks in Q1

Law360 | May 07, 2021

This roundup article of notable Q1 partner-level promotions includes Steve Zubiago’s election to CEO and managing partner; Long Island partner Tara Daub’s and Los Angeles partner Ben Kim’s promotions to Labor & Employment practice group leader and deputy PGL, respectively; and the attorneys from this year’s new partner class.

Red Wings preparing to welcome back both vaccinated and non-vaccinated fans

Spectrum News | May 06, 2021

In this broadcast story on New York State’s new guidance on capacity seating for venues, Rochester Labor & Employment partner Kim Harding is quoted on whether businesses can ask their customers of their vaccination status.

U.S. Appeals Court says gig worker rules apply in California trucking

Engineering News-Record | May 04, 2021

This article, covering a recent Ninth Circuit ruling that California Assembly Bill 5 applies to the trucking industry in California, quotes San Francisco Labor & Employment associate Hillary Baca on the challenges it could create for commercial trucking companies.

Cannabis operators, insiders, and experts discuss New York’s cannabis legalization, equity plans, revenue possibilities, and future cannabis market potential

Cannabis Law Report | April 19, 2021

This wide-ranging discussion of New York’s legalization of recreational cannabis includes commentary from both Cannabis practice co-leader and Rochester Corporate partner Lori Green and Rochester Labor & Employment partner Kim Harding.

Employers must find, tell laid-off workers of health subsidies

Bloomberg Law | April 15, 2021

This article on COBRA subsidies included in the American Rescue Plan quotes Washington, DC Corporate partner Damian Myers, of the Employee Benefits & Executive Compensation team, on challenges employers face—from communicating details of the subsidy to their laid-off workers to recouping money from the government that they spend on the subsidized coverage.

People and awards

Rochester Business Journal | April 14, 2021

Rochester Labor & Employment associate Conor Tallet’s arrival to the firm was included in this roundup of notable executive news.

On the move

The Daily Record | April 12, 2021

Rochester Labor & Employment associate Conor Tallet’s arrival to the firm was included in this roundup of notable executive moves.

What does marijuana legalization mean for employment in New York State?

Spectrum News | March 31, 2021

This news segment on the legalization of marijuana in New York quotes Rochester Labor & Employment partner Kim Harding on how the enforcement of marijuana in the workplace will likely be similar to alcohol.

NLRB slams animal hospital that called the police on worker

Chicago Daily Law Bulletin | March 30, 2021

Chicago Labor & Employment counsel Frank Saibert contributed this article discussing how the National Labor Relations Board’s reach extends beyond unionized workers and matters.

Weed and the workplace: What legalization could mean for testing, possession, and use

WROC-TV | March 29, 2021

The following television news segment on New York State’s pending marijuana legalization bill quotes Rochester Labor & Employment partner Kim Harding on how the enforcement of marijuana in the workplace will likely be similar to alcohol.

If recreational marijuana is legalized in New York, what happens to the workforce?

WHAM-TV | March 27, 2021

The following TV news segments cover New York’s pending marijuana legalization bill and how it may affect the workplace. Rochester Labor & Employment partner Kim Harding is quoted on the exclusion of marijuana in drug screens and its protected use outside the workplace. Cannabis practice co-leader and Rochester Corporate partner Lori Green is quoted in WHEC-TV’s segment on how the group is staying on top of marijuana legislation across the U.S., to better serve NP’s clients.

Stakeholders await key guidance on full COBRA subsidies

Inside Health Policy | March 26, 2021

Rochester Corporate partner Brian Kopp, of the Employee Benefits & Executive Compensation team, is quoted in this article on COBRA subsidies included in the newly enacted American Rescue Plan, noting potential challenges for employers. The article also links to a client alert Brian wrote with Chicago Corporate partner Yelena Gray and Washington, DC Corporate partner Damian Myers, both of the Employee Benefits & Executive Compensation team.

Legal recreational marijuana and the workplace

WHEC-TV | March 26, 2021

The following TV news segments cover New York’s pending marijuana legalization bill and how it may affect the workplace. Rochester Labor & Employment partner Kim Harding is quoted on the exclusion of marijuana in drug screens and its protected use outside the workplace. Cannabis practice co-leader and Rochester Corporate partner Lori Green is quoted in WHEC-TV’s segment on how the group is staying on top of marijuana legislation across the U.S., to better serve NP’s clients.

Key points to consider as employers start bringing back employees to the workplace

Newsday | March 25, 2021

Long Island Labor & Employment counsel David Tauster is quoted in this story on business reopening in the region for his outlook on accommodation considerations and preparation time for employers.

What's at stake as high court tackles union access case

Law360 | March 19, 2021

This article, focused on a case of whether a California regulation requiring growers to let union organizers on their property is unconstitutional, quotes San Francisco Labor & Employment partner Bonnie Glatzer on governmental policies and ways that the court could address the issue.

Business leaders: Get ready for new union-friendly labor policies

Rochester Business Journal | March 19, 2021

Rochester Labor & Employment partner Stephanie Caffera contributed this article highlighting employer considerations related to the Biden administration’s union organization changes. Stephanie developed the article with Providence senior counsel Andrew Prescott and Long Island associate Rose Nankervis, both of the Labor & Employment group.

Hospital ‘offer letter’ found not to be binding contract

Massachusetts Lawyers Weekly | March 18, 2021

This article covers a recent Massachusetts Superior Court decision in favor of client Lowell General Hospital, finding that a prospective employee could not establish either a breach of contract claim or a promissory estoppel claim. Providence counsel Jessica Jewell and associate Aaron Nadich, both of the Labor & Employment group, are quoted in the article.

Employers face new risks as business travel returns

Law360 | March 16, 2021

This article on the risks employers face as business travel returns quotes Labor & Employment deputy practice group leader and OSHA practice chair Ben Kim, of Los Angeles, and San Francisco Labor & Employment partner Rachel Conn on the realities of a shifting office environment.

Ninth Circuit won't jump-start Hertz age bias suit

Law360 | March 12, 2021

This article covers the recent Ninth Circuit judgement that affirmed a summary judgement win for Hertz in a suit involving a fired payroll worker’s allegations of age bias and defamation against the car rental company. San Francisco Labor & Employment partner Seth Neulight is mentioned for advising Hertz.

CDC vaccine guidance offers ‘road map’ for employers

Law360 | March 10, 2021

Labor & Employment deputy practice group leader and OSHA practice chair Ben Kim, of Los Angeles, and San Francisco Labor & Employment partner Rachel Conn provide commentary in this article analyzing the CDC’s new post-vaccination guidance, discussing implications for employers.

RIMA to host virtual manufacturing conference and expo April 13

Providence Business News | March 09, 2021

This article, covering the Rhode Island Manufacturers Association’s annual conference, mentions that NP will host a workshop entitled “Making It Through Changes in Employment, Labor and Workplace Health and Safety Law.“ Providence office managing partner Andrew Prescott and San Francisco partner Rachel Conn, both of the Labor &Employment group, will present the session.

Morning edition

WXXI-AM (NPR affiliate) | March 08, 2021

In this radio segment discussing a remote workforce in a post-pandemic world, Rochester Labor & Employment partner Kim Harding is quoted on tax and withholding rules, among other employment laws, that employers should be aware of as employees may want to work in other states.

Local experts on CDC's new guidelines for COVID vaccinated people

WHEC-TV | March 08, 2021

In this television news segment on the CDC’s new guidelines announced on Monday, Rochester Labor & Employment partner Kim Harding is quoted on employer incentive programs to increase the population of vaccinated employees, as businesses work toward a return to normal.

The CDC has released guidelines for vaccinated people. Here's what to know

New England Cable News | March 08, 2021

In this television news segment on the CDC’s new COVID-19 guidelines for vaccinated people, Boston Labor & Employment partner Jeff Gilbreth discussed how businesses can continue enforcing additional guidance they have in place, such as mask mandates.

Attorneys predict employment litigation cases will gain traction post-pandemic

Rochester Business Journal | March 05, 2021

Rochester Labor & Employment partner Stephanie Caffera is quoted in this article, as part of the publication’s “Litigation“ special report, for her outlook on the relationship between employment litigation and an economic downturn, areas that could pose challenges for employers, and possible federal OSHA guidance specifically for COVID-19.

90-day window for COVID-19 travel guidelines has some confused

WHEC-TV | March 02, 2021

In this broadcast segment on the loosening of some of New York State’s COVID-19 travel guidelines, Rochester Labor & Employment partner Kim Harding is quoted for her thoughts on state and federal guidelines that employers must follow to protect their workforce.

People on the move

Newsday | March 01, 2021

Long Island partner Tara Daub was included in this column of notable executive news on Long Island for her promotion to Labor & Employment Practice Group Leader.

On the Move

Newsday | February 25, 2021

Long Island Labor & Employment counsel David Tauster is included in this column of notable Long Island executive news for his promotion to counsel.

Lawyers on the Move

New York Law Journal | February 25, 2021

Long Island partner Tara Daub is included in this column of notable legal moves in New York for her appointment to Labor & Employment practice group leader. Long Island Labor & Employment counsel David Tauster; New York City counsels Julia Casteleiro and Abby Patterson, and Long Island counsel Mike Webb, all in the Affordable Housing & Real Estate group; and Buffalo Complex Commercial Disputes counsel Erik Goergen are also included for their promotions to counsel.

Wake Up Call

Bloomberg Law | February 19, 2021

Long Island partner Tara Daub and Los Angeles partner Ben Kim were included in this daily column of notable legal news for their promotions to Labor & Employment Practice Group Leader and Deputy PGL, respectively.

GC cheat sheet: The hottest corporate news of the week

Law360 | February 19, 2021

NP’s Diversity Challenge, which now includes up to 60 hours of billable hour credit toward diversity-related activities, was included in this end-of-week column of notable legal news.

Wake Up Call

Bloomberg Law | February 17, 2021

This roundup of notable legal industry news and people moves includes Nixon Peabody’s promotion of 12 attorneys to counsel.

Employment – FMLA – Retaliation

Rhode Island Lawyers Weekly | February 16, 2021

This article covers the First Circuit Court of Appeals’ affirmation of an earlier decision that jeweler Tiffany & Co. had not violated the Family and Medical Leave Act in eliminating a former employee’s position. The article mentions Labor & Employment partner Stacie Collier and associate Aaron Nadich, both of Providence, for successfully representing Tiffany.

On the Move

The Recorder (California) | January 28, 2021

Los Angeles Project Finance & Public Finance partner-elect Jade Turner-Bond and San Francisco Labor & Employment partner-elect Rachel Conn were included in this roundup of notable legal moves for their promotions to partner.

Tegna recruits sports podcaster-Locked On

The Deal | January 27, 2021

This article on Tegna’s expansion into the fast-growing podcast market through its acquisition of Locked On Podcast Network mentions Washington, D.C. partners John Partigan and Sean Clancy and Rochester partner Brian Kopp, all of the Corporate group, for representing Tegna. The deal team also included Rochester Labor & Employment counsel Todd Shinaman; and Washington, D.C. associate Pierce Han and Boston associate Bohao Zhou, both in the Corporate group.

Proposition 22 and the Tenuous Path Forward to App-Based Companies

The Daily Journal | January 22, 2021

San Francisco associate Jade Butman and Los Angeles associate Andrea Chavez, both of the Labor & Employment group, contributed this article on the California law classifying workers as either independent contractors or employees, and the law’s impact on the gig economy.

R.I. Looks to Expand Workplace Tests

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.

Legislative Fixes for Union Pension Crisis Within Reach

Law360 | January 21, 2021

Rochester Corporate partner Brian Kopp, of the Employee Benefits & Executive Compensation team, is quoted in this article on legislation introduced Thursday that aims to solve the multibillion-dollar union pension funding crisis.

COVID-related paid sick leave options for employers

Rochester Business Journal | January 20, 2021

Rochester Labor & Employment partner Kim Harding contributed this article for her outlook on the Families First Coronavirus Response Act and what’s top-of-mind for employers in the year ahead.

Retroactive Dynamex Exposes CA Employers to Wage Suits

Law360 | January 15, 2021

In this analysis of the California Supreme Court’s opinion that Dynamex applies retroactively, San Francisco Labor & Employment associate Hillary Baca provides commentary on potential implications for pending worker-classification cases as well as those coming down the pipeline.

Questions Arise on Local Impact of DOL's Ruling on Standards for Employees, Independent Contractors

Rochester Business Journal | January 15, 2021

Rochester Labor & Employment counsel Todd Shinaman is quoted in this article on the Department of Labor’s recent rule clarifying the standard for employee vs. independent contractor. Todd is quoted on the best practice for businesses to take a holistic view of employee definitions by other government agencies, such as the IRS, and to take a wait-and-see approach with the incoming administration.

Retirement Plan Payout Updates Ripe for Lawmaker Action in 2021

Bloomberg Law | January 11, 2021

In this article on key retirement proposals that benefits advisers are watching for the new Congress, San Francisco Corporate counsel Claire Rowland, of the Employee Benefits and Executive Compensation team, is quoted for her outlook on required minimum distributions relating to the excise tax, account holders with less than $100,000 saved, and raising the participation age to 75.

Devil's in the Details as Union Pension Crisis Awaits Biden

Law360 | January 03, 2021

Washington, D.C. Corporate partner-elect Damian Myers, of the Employee Benefits & Executive Compensation team, is quoted on how the upcoming U.S. Senate runoff elections in Georgia could impact negotiations related to the multiemployer pension crisis.

Biggest Wage and Hour Rulings of 2020

Law360 | December 18, 2020

This end-of-year review quotes Los Angeles Labor & Employment associate Irene Scholl-Tatevosyan on California’s A.B. 5, noting how court cases are beginning to define parameters of the statute and what it will mean on a practical basis.

Baystate Business: Snow, Stimulus, and Fitness

Bloomberg Radio | December 16, 2020

Boston Labor & Employment partner Jeff Gilbreth joined Thursday’s “Baystate Business“ radio program to discuss whether employers can and should mandate that employees get a COVID-19 vaccine in order to return to the office.

California Poised For Growth Despite Pandemic Impacts, Regulations

Engineering News-Record | December 10, 2020

In this article on the workplace requirements for contractors and other employers in the construction industry, San Francisco Labor & Employment associate Rachel Conn is quoted for her outlook on Cal/OSHA’s definition of “exposed workplace” and the potential overlap of notifications requirements with AB 685.

In Depth

KNX-AM | December 10, 2020

San Francisco Labor & Employment associate Rachel Conn appears as a guest in this radio news segment to discuss the dilemma employers are facing and what they should consider—Cal/OSHA, California sick leave laws and other advisories—as they navigate how to provide a safe workplace for their employees during the holidays.

NYS Assembly Bill Seeks to Empower Health Department to Make COVID-19 Vaccine Mandatory

Spectrum News | December 09, 2020

In this television news segment on a bill introduced in the New York State Assembly to make the COVID-19 vaccine mandatory, Rochester Labor & Employment partner Kim Harding is quoted for her outlook on the bill’s enforcement mechanism.

Former OSHA Head's Transition Role Suggests Quick Emergency Rule

Bloomberg Law | December 08, 2020

In this article covering former OSHA head David Michaels being named to President-elect Joe Biden’s transition team Covid-19 task force, San Francisco Labor & Employment associate Rachel Conn is quoted on employers’ trepidation over possible new regulation.

Your Boss Can Restrict Your Holiday Plans in the Pandemic

The Wall Street Journal | December 07, 2020

In an article covering what employers can and cannot enforce when employees are outside of the workplace, San Francisco Labor & Employment associate Rachel Conn explains how off-duty conduct laws in some states and union contracts could prevent employers from taking action against employees.

4 Ways Firms Are Trying to 'Move the Needle' on Diversity

Law360 | December 04, 2020

This article covering a recent Move the Needle Fund town hall highlights NP’s “Mansfield Rule for workflow allocation“ and quotes Professional Personnel Partner and Providence Labor & Employment partner Stacie Collier on how our firm is building a more inclusive culture by equalizing access to work opportunities for all lawyers.

Scabby the Rat's Days Could Be Numbered as NLRB Weighs in

Chicago Daily Law Bulletin | December 03, 2020

Chicago Labor & Employment counsel Frank Saibert contributed this article analyzing the National Labor Relations Board’s recent request for public input whether to limit the use of Scabby the Rat and banners against secondary employers.

Number of 401(k) Funds Offered to Plan Participants Shrinks

HR News | December 01, 2020

This article on the shrinking number of funds offered to 401(k) plan participants quotes a recent Fall Employee Benefits Briefing blog post written by Employee Benefits & Executive Compensation leader and Corporate partner Eric Paley, Corporate partners Christian Hancey and Brian Kopp, and Corporate associates Lena Gionnette and Jenny Holmes, all in Rochester; and Washington, D.C. Corporate counsel Damian Myers.

Clerio Vision Radio Segment

WHAM 1180 (Rochester) | November 05, 2020

This radio segment features Rochester Labor & Employment partner Stephen Jones for his work with client Clerio Vision, which spun off from University of Rochester’s laser and vision science research, and how he’s helped grow the biotech startup by leveraging Rochester assets.

MRM Research Roundup: End-of-October 2020 Edition

Modern Restaurant Management | November 02, 2020

This roundup of current industry issues to watch highlights several thought leadership pieces from NP’s recently published fourth-quarter Food & Beverage Crystal Ball. The publication summarizes trends provided by San Francisco partner Alison Torbitt and counsel Ian O’Banion, both of the Affordable Housing & Real Estate Group; Rochester Corporate associate Isaac Figueras; and San Francisco Labor & Employment associates Rachel Conn and Maritza Martin.

New Regulations May Make It Easier for Travelers to State, but Questions Remain

WHEC NBC-10 | November 02, 2020

In this broadcast segment on New York State’s new coronavirus regulations regarding interstate travel, which replaces the 14-day quarantine for travelers, Rochester Labor & Employment partner Kim Harding is quoted for her outlook on how the new regulations are more manageable for businesses.

NLRB OKs Trade Association's Facebook Group Post Deletions

Chicago Daily Law Bulletin | October 20, 2020

Chicago Labor & Employment counsel Frank Saibert contributed this article analyzing a National Labor Relations Board ruling to overturn a decision preventing a trade association from removing posts on its Facebook group, noting that the trade association’s registry members are not actually employees.

Burnout signs have risen 33% percent in 2020; here are seven ways to reduce risks

LinkedIn Workforce Insights | October 07, 2020

This article, covering how organizations can reduce burnout risks among employees, cites NP for “bucking the trend” by focusing on advancement and promotion even during these challenging times, and quotes Professional Personnel Partner and Providence Labor & Employment partner Stacie Collier on plans for the firm’s 2021 partner class.

Illinois Workers’ Comp Law Doesn’t Pre-Empt Biometric Privacy Claim

HR Magzine | September 28, 2020

Chicago Complex Commercial Disputes partners Rich Tilghman and John Ruskusky, and associate Henry Caldwell contributed this article, based on their recent blog post, on the rise in putative class actions in Illinois by employees against entities that employ biometric technology.

401(k) Contributions a Victim of Pandemic at Some Companies

Rochester Business Journal | September 25, 2020

Employee Benefits & Executive Compensation team leader and Rochester Corporate partner Eric Paley is quoted in this article on how some companies are freezing contributions to their employees’ 401(k) contributions amid the COVID-19 pandemic.

Pandemic Pay Issues for Wage and Hour Lawyers to Watch

Law360 | September 24, 2020

This article on notable pandemic-related wage and hour issues quotes San Francisco Labor & Employment associate Jade Butman on whether employers would be on the hook for the time that workers spend adhering to building safety protocols.

3 Tips Now That DOL's Joint Employer Rule Is Struck Down

Law360 | September 16, 2020

This article, which examines last week’s Southern District of New York judgment striking down the U.S. Department of Labor’s joint employment rule, quotes San Francisco Labor & Employment associate Jade Butman on the complexities of multiple layers for employment law compliance with respect to the National Labor Relations Act, Equal Employment Opportunity Commission, and FLSA.

Best Practices in Dealing with Working Parents as School Year Commences

Rochester Business Journal | September 11, 2020

Labor & Employment partner Kim Harding and Complex Commercial Disputes associate Franz Wright, both in Rochester, contributed this column on the unprecedented need for collaboration between working parents and their employers as the school year commences during COVID-19.

What Employers Can Learn from New NLRB Virus Advice

Law360 | September 09, 2020

Labor & Employment deputy group leader and Chicago partner Brian Alcala contributed this article on the National Labor Relations Board’s recent guidance on COVID-19-related labor law violations against employers in these uncertain times.

New York state mandates paid sick leave starting in 2021

Rochester Business Journal | August 21, 2020

Rochester Labor & Employment partner Stephanie Caffera contributed this column on a recently enacted New York law that requires employers across the state to provide paid sick leave to workers. The column was adapted from a prior NP alert written by Stephanie and Rochester Labor & Employment associate Michael Caputo.

New NLRB test makes employee discipline easier

Daily Record | August 12, 2020

This article on a recent decision by the National Labor Relations Board extensively quotes Rochester Labor & Employment partner Stephanie Caffera for her related outlook and the application of protected concerted activity on social media.

On High Alert: Running a Retail Business in the Age of the COVID Pandemic

Marijuana Venture | August 10, 2020

San Francisco partner Alison Torbitt, who co-leads NP’s Food, Beverage & Agribusiness team, and San Francisco Labor & Employment associate Hilary Baca co-wrote this contributed article on how cannabis retailers can revamp their stores and policies to stay in compliance with state and local laws, while helping to prevent the spread of communicable illnesses to customers and employees.

Liability immunity proposals raise concerns for lawyers

Daily Record | July 31, 2020

In this article on the proposed legislation to provide businesses with immunity from COVID-19 liability lawsuits, Rochester Labor & Employment partner Kim Harding is quoted for her outlook on the legislation and the importance of businesses to continually abide by state and federal laws.

5 ERISA Cases To Watch In The 2nd Half Of 2020

Law360 | July 29, 2020

San Francisco office managing partner and Corporate partner Karen Ng was quoted in this article for her outlook on the federal government’s interest in Howard Jarvis Taxpayers Association v. California Secure Choice Retirement Savings Program, and the rise in ERISA privacy and cybersecurity lawsuits in Harmon et al. v. Shell Oil Co. et al.

Employer Object To Cal/OSHA Virus Reporting Split From Federal OSHA

Inside OSHA | July 28, 2020

This article, discussing employer objections to the differences between Cal/OSHA and the federal OSHA requirements to record and report COVID-19 cases, quotes an NP alert providing guidance for California employers on the differences. The alert was authored by Occupational Safety & Health (OSHA) practice co-chair and Los Angeles Labor & Employment partner Ben Kim and San Francisco Labor & Employment associate Maritza Martin.

Are employers obligated to accommodate requests to work from home?

WHEC-TV News 10NBC | July 22, 2020

Rochester Labor & Employment partner Kim Harding was featured in this broadcast segment on what obligations employers have to work with their employees as schools start again in September.

Labor board OKs discipline against new union employees

Chicago Daily Law Bulletin | July 16, 2020

Chicago Labor & Employment partner Frank Saibert contributed this article analyzing a recent National Labor Relations Board ruling to overturn a decision allowing newly recognized unions an opportunity to negotiate over certain disciplinary action taken against employees that occurred before the parties finalized their initial labor contract.

Major ruling protects sexual orientation, gender identity

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.

DOL Must Hand Over Amazon Safety Data to Journalism Outlet

Bloomberg Law | July 07, 2020

In this article on a recent decision requiring the U.S. Labor Department to provide unredacted safety records to an investigative journalism organization, San Francisco Labor & Employment associate Rachel Conn is quoted on how the decision could make it easier for media outlets and labor unions to request injury and illness data from the government. The decision could also lead to adverse publicity for companies.

Employers brace for a ‘PTO bomb’ as vacation-starved employees make time off requests

Chicago Tribune | June 26, 2020

This article, on PTO challenges Chicago businesses face as they begin to reopen, quotes Chicago Labor & Employment partner Brian Alcala on the potential bottleneck of employees wanting to use their time off before year’s end.

Practice makes perfect for Collier at Nixon Peabody

Providence Business News | June 19, 2020

This article profiles Providence Labor & Employment partner and NP professional personnel partner Stacie Collier in connection with being honored as Providence Business Journal’s 2020 Professional Services Industry Leader among the publication’s Business Women Awards.

Marijuana Social Clubs: How Colorado is Setting the Pace

Cannabis Business Executive | June 17, 2020

This article, on the reopening of Colorado’s marijuana hospitality industry, cites a recent NP alert that details guidelines for cannabis retailers to consider for revamping operations without spreading communicable illnesses. Cannabis Business Executive also re-published the complete NP alert, written by San Francisco Affordable Housing & Real Estate partner Alison Torbitt; Los Angeles Intellectual Property partner, Litigation Department vice-chair, and Fashion practice leader Staci Riordan; and San Francisco Labor & Employment associates Hillary Baca and Rachel Conn.

PBN announces 2020 40 Under Forty winners

Providence Business News | June 12, 2020

This article highlights the publication’s 16th annual “40 Under Forty” award winners, a list that includes Providence Labor and Employment associate Jessica Jewell among the honorees.

How employers can prepare for expected waves of coronavirus-related litigation

Daily Journal | June 03, 2020

Labor and Employment partner Bonnie Glatzer and associates Hillary Baca and Jade Butman, all in San Francisco, contributed this article on potential coronavirus-related litigation matters that California employers should be aware of, and how employers can prepare for possible lawsuits.

Rhode Island High Court Upholds Medical Pot Patient's Firing

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.

IN BRIEF: Unicolors' copyright win against H&M unravels in 9th Circuit

Reuters Legal | June 01, 2020

The following coverage highlights recent developments in a fabric design copyright infringement dispute in which the NP team secured a unanimous decision from the U.S. Court of Appeals for the Ninth Circuit, reversing the trial court’s decision for client H&M. The NP team that advised H&M was led by Intellectual Property partner, Litigation Department vice-chair, and Fashion practice leader Staci Riordan, Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of Los Angeles.

H&M Gets Another Shot at Challenging Validity of Pattern Copyright

The Recorder | May 29, 2020

The following coverage highlights recent developments in a fabric design copyright infringement dispute in which the NP team secured a unanimous decision from the U.S. Court of Appeals for the Ninth Circuit, reversing the trial court’s decision for client H&M. The NP team that advised H&M was led by Intellectual Property partner, Litigation Department vice-chair, and Fashion practice leader Staci Riordan, Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of Los Angeles.

H&M Gets Fabric Design Copyright Infringement Verdict Overturned

Bloomberg Law | May 29, 2020

The following coverage highlights recent developments in a fabric design copyright infringement dispute in which the NP team secured a unanimous decision from the U.S. Court of Appeals for the Ninth Circuit, reversing the trial court’s decision for client H&M. The NP team that advised H&M was led by Intellectual Property partner, Litigation Department vice-chair, and Fashion practice leader Staci Riordan, Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of Los Angeles.

Labor board allows ban on discussion of bias investigation

Chicago Daily Law Bulletin | May 14, 2020

Chicago Labor and Employment partner Frank Saibert contributed this article analyzing a National Labor Relations Board decision which found that, under appropriate circumstances, employers can prohibit employees from discussing certain internal company investigations without violating the National Labor Relations Act.

Ex-Upserve Exec Ordered to Stop Work at Payment Processor

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.

Employers face a ‘minefield’ of legal issues as they prepare to reopen

The Boston Globe | April 29, 2020

This article, which looks at the potential flood of litigation as the economy reopens, quotes Boston co-office managing partner and Complex Commercial Disputes partner Kathleen Ceglarski Burns on the possibility of shareholder lawsuits at publicly-traded companies, even if companies have listed the coronavirus as a risk factor in their annual reports.

PBN announces 2020 Business Women Awards honorees

Providence Business News | April 24, 2020

The publication has named Providence Labor and Employment partner Stacie Collier “Professional Services Industry Leader” as part of PBN’s 2020 Business Women Awards. The article includes a list of this year’s honorees.

Pretext not shown in FMLA retaliation claim vs. jeweler

Rhode Island Lawyers Weekly | April 23, 2020

This article mentions Providence Labor and Employment partner Stacie Collier for successfully defending jeweler Tiffany & Co. against a former employee’s disability discrimination and FMLA retaliation claims. The judge in the case granted Tiffany’s motion for summary judgment.

Signet furloughs workers, appoints accounting officer

JCK Magazine | March 31, 2020

This leading trade publication in the jewelry industry quotes San Francisco Labor and Employment associate Hillary Baca, who explained in a recent industry webinar why many employers prefer furloughs to layoffs during this time of economic uncertainty.

Employers with skeleton crews are on the hook for their safety

Bloomberg Law | March 26, 2020

San Francisco Labor and Employment associate Rachel Conn discusses some of the methods employers are using to keep essential employees safe during the coronavirus outbreak—from staggered shifts to reconfigured work spaces.

Are you an essential worker? Says who? And what if you don’t think your job is worth the coronavirus risk?

Chicago Tribune | March 25, 2020

Labor and Employment deputy practice group leader Brian Alcala in Chicago talks about the advice he is giving employers whose employees feel unsafe reporting for work during the coronavirus outbreak.

Essential or nonessential?

WHEC-TV (Rochester) | March 19, 2020

Rochester Labor and Employment partner Kim Harding spoke to the local NBC affiliate via FaceTime to discuss new work restrictions announced by New York Governor Andrew Cuomo. Kim talks about employee staffing, staggered scheduling and which businesses qualify as essential.

New York government reaches deal on coronavirus sick-leave mandate

HR Magazine (Society for Human Resource Management) | March 18, 2020

Rochester Labor and Employment partner Kim Harding, Rochester Corporate partner Brian Kopp, and Long Island Labor and Employment associate David Tauster co-wrote this contributed article, based on their NP client alert, analyzing the new mandatory sick-leave deal in New York state.

People and Awards: Nixon Peabody LLP

Rochester Business Journal | March 18, 2020

This roundup of personnel moves in the Rochester business community highlights the arrival of Labor and Employment associate Michael Caputo to NP.

Will COVID-19 usher in permanent restaurant paid sick leave benefits?

Restaurant Dive | March 17, 2020

Washington, DC, Franchise & Distribution partner Keri McWilliams provides extensive third-party commentary in this article about whether the COVID-19 crisis could usher in permanent paid sick leave for restaurant employees.

Coronavirus sparks workplace legal questions

WXXI News | March 13, 2020

Rochester Labor and Employment partner Kim Harding says that travel, communicable illness, and sick leave policies should be top of mind for employers as they adjust to the unprecedented circumstances of the COVID-19 outbreak.

Boston Fed message on pandemic prevention is getting through

The Boston Globe | March 13, 2020

This column features Boston Labor and Employment partner David Rosenthal discussing advice for clients who have questions about implementing work-from-home policies as part of social distancing strategies to slow the spread of COVID-19.

Rochester Business Report

WHAM-AM (Rochester) | March 13, 2020

This story highlights Rochester Labor and Employment partner Kim Harding’s guidance on what is required of employers during the coronavirus outbreak.

One of your employees is diagnosed with coronavirus What now

CNN Business | March 13, 2020

San Francisco Labor and Employment associate Rachel Conn discusses the steps employers should take if they learn that an employee has contracted coronavirus, including reaching out to local health authorities and notifying employees, customers, and vendors.

In addition to health concerns, coronavirus a legal and employment issue

The Daily Record | March 12, 2020

This coverage features the insights of Rochester Labor and Employment partner Kim Harding on how companies should address the growing coronavirus outbreak—including developing remote work guidelines and protecting the confidential health information of employees.

Rochester-area employers preparing for spread of coronavirus

Spectrum News | March 11, 2020

This coverage features the insights of Rochester Labor and Employment partner Kim Harding on how companies should address the growing coronavirus outbreak—including developing remote work guidelines and protecting the confidential health information of employees.

No clear path for accessible websites

Daily Messenger | March 06, 2020

Rochester Labor and Employment counsel Todd Shinaman discusses the recent increase in lawsuits against businesses whose websites are allegedly noncompliant with the Americans with Disabilities Act, and explains how companies can minimize their liability.

The Coronavirus checklist: Nine steps to protect your company

Bloomberg Businessweek | March 03, 2020

In this article, San Francisco Labor and Employment associate Rachel Conn suggests that employers coping with coronavirus impacts create a communicable illness policy that outlines what illnesses are covered, employees’ obligation to report them, and employers’ communications practices during an outbreak.

News 8 at Five

WROC-TV | March 02, 2020

Rochester Labor and Employment partner Kim Harding talks about how employers can effectively address the coronavirus outbreak, including weighing short-term staffing needs, analyzing sick leave policies, and limiting employee travel to severely impacted areas.

Coronavirus has employers examining policies around employee illness

WHEC-TV | March 02, 2020

Rochester Labor and Employment partner Kim Harding talks about how employers can effectively address the coronavirus outbreak, including weighing short-term staffing needs, analyzing sick leave policies, and limiting employee travel to severely impacted areas.

Businesses need to start preparing now for virus outbreak

Boston Globe | February 26, 2020

This article on local businesses’ preparation for a possible coronavirus pandemic reaching the U.S. quotes Labor and Employment practice group leader David Rosenthal, who encourages employers to be flexible with their workforces and demonstrate to employees that they are prepared.

The new coronavirus prompts businesses to rethink global travel

WXXI News | February 25, 2020

This radio interview (also available in print) features Rochester Labor and Employment partner Kim Harding discussing the steps Nixon Peabody and other businesses are taking to modify employees’ travel routines as the coronavirus spreads. Kim also explains employers’ right to tell workers to stay home if there is a possibility of infection.

Coronavirus putting crimp on firms doing business in China

Rochester Business Journal | February 21, 2020

Rochester Corporate partner Jeremy Wolk authored this column about how employers with business operations in China are responding to the coronavirus outbreak and related travel restrictions. The article is based on an alert by Hong Kong Corporate partner David Cheng, Los Angeles Labor and Employment partner Benjamin Kim, San Francisco Labor and Employment senior counsel Jeffrey Tanenbaum and associate Rachel Conn, and Director of Global Strategies David Kaufman

Coronavirus closes China to the world, straining global economy

The Wall Street Journal | February 03, 2020

This article quotes San Francisco Labor and Employment associate Rachel Conn discussing how employers are reacting to a wave of travel cancellations, store closures, and supply chain disruptions caused by the spread of coronavirus. Click here to read the article.

Baystate Business: Weather, wind, and the Super Bowl

Bloomberg Radio | January 31, 2020

Boston Labor and Employment partner David Rosenthal joined Baystate Business to discuss coronavirus, the flu, and the importance of employers having written communicable illness policies.

California 2020 Vision: HR will see a year of litigation, legislation and more

Society for Human Resource Management | January 10, 2020

This article features San Francisco Labor and Employment partner Jeff Tanenbaum discussing the changes in the definition of employee and employer that come from California’s recent passage of AB5.

California Employers Should Start Working on Violence-Prevention Plans

Society for HR Management | December 09, 2019

In this article, San Francisco labor and employment associate Rachel Conn provides her insights related to the California Division of Occupational Safety and Health’s draft regulation on workplace-violence prevention programs.

New California law redefines who gets employment benefits. The lawsuits are just starting.

The Sacramento Bee | December 09, 2019

San Francisco labor and employment partner Bonnie Glatzer is quoted in this article about California’s Assembly Bill 5, a new law that redefines how companies classify employees and who qualifies to receive full employment benefits.

As esports take off, questions abound over players' rights of publicity

LegalTech News | November 21, 2019

Los Angeles Labor and Employment associate Irene Scholl-Tatevosyan talks about the increasing sophistication of esports player contracts, a trend fueled in part by game publishers and investors showing interest in more standardized pacts.

Permanent, temporary definitions hurt miners in layoff suit

Chicago Daily Law Bulletin | November 21, 2019

Chicago Labor & Employment partner Frank Saibert wrote this contributed column analyzing a 7th U.S. Circuit Court of Appeals ruling on a lawsuit brought by a mining company employee, alleging the employer failed to give proper advance notice of a “mass layoff.”

Expansive changes bolster protections for employees in New York State

Rochester Business Journal | September 20, 2019

Rochester Corporate partner Jeremy Wolk co-wrote this contributed article on changes to employee protections in New York State, including new limitations on nondisclosure agreements and an increased window for filing harassment claims. The article is adapted from an alert by Long Island Labor and Employment partner Tara Daub Eyer and associate Justin Guilfoyle.

California nears enactment of nation’s first workplace violence prevention regulation for general industry

Recorder (Law.com) | September 17, 2019

Los Angeles partner Ben Kim and San Francisco associate Rachel Conn, both of the Labor and Employment practice group, co-wrote this contributed article analyzing California’s latest effort to prevent workplace violence through regulations.

Labor board fails to see pretext in union member’s termination

Chicago Daily Law Bulletin | August 28, 2019

Chicago Labor and Employment partner Frank Saibert authored this article about a National Labor Relations Board case related to a union member who was fired by her employer, Electrolux.

Cuomo advances 2019 Women’s Justice Agenda with new job laws

Rochester Business Journal | August 16, 2019

Rochester Corporate partner Jeremy Wolk co-wrote this column on a pair of bills signed into law in New York that aim to curb pay discrimination due to gender or other differences.

What makes you work harder? Strap on a sensor and find out

Boston Globe | July 16, 2019

In this story, Rochester Corporate associate Jenny Holmes discusses privacy concerns raised by employers who are leveraging wearable devices such as fitness trackers to learn more about workplace productivity.

Storms on the horizon after high court’s Dynamex ruling

Los Angeles Daily Journal | July 10, 2019

Partner Ben Kim, counsel Alicia Anderson and associate Irene Scholl-Tatevosyan, all of the Labor and Employment group in Los Angeles, co-wrote this contributed article. The authors analyze the impact of a California Supreme Court ruling that drivers for Dynamex, a package delivery company, are employees rather than independent contractors.

NLRB memo shows push to deflate Fat Cat and Scabby

Chicago Daily Law Bulletin | July 08, 2019

Chicago Labor & Employment partner Frank Saibert wrote this contributed article analyzing an ongoing matter before the National Labor Relations Board concerning the ability of organized labor to use large inflatable animals as part of their worksite picketing activities.

U.S. releases new guidance on status of on-demand service providers

Rochester Business Journal | June 28, 2019

Rochester Corporate partner Jeremy Wolk wrote this contributed article outlining new guidance from the Department of Labor on whether “gig economy” workers should be considered independent contractors or employees.

Stretch IRA limits may put damper on small biz plans

Law360 | June 20, 2019

Boston Corporate partner Tom McCord is quoted in this article discussing the stretch IRA, a popular retirement planning technique that was eliminated in a bill recently passed by the House of Representatives.

Ex-CVS exec's move to Amazon pharmacy barred by judge

Law360 | June 18, 2019

This article mentions Providence Labor and Employment partner Neal McNamara for his successful representation of CVS in a suit to enforce a noncompete agreement signed by a former high-level executive who left the company for a similar role with Amazon.

INSIGHT: California overhaul of injury recordkeeping rules just a start

Bloomberg Law | June 04, 2019

San Francisco Labor and Employment associate Rachel Conn wrote this contributed article outlining California’s recent actions to strengthen its occupational safety record-keeping rules in response to weakened protections at the federal level.

NY health network mostly skirts white ex-worker's bias suit

Law360 | May 30, 2019

This article mentions Long Island Labor and Employment partner Chris Gegwich and associate Tony Dulgerian for their successful representation of Northwell Health in a discrimination suit.

NLRB reins in employee protections

Chicago Daily Law Bulletin | May 29, 2019

Chicago Labor and Employment partner Frank Saibert wrote this article analyzing a case before the National Labor Relations Board, which has taken a newly restrictive view on what constitutes “protected concerted activity” in the workplace.

Restrictive covenants and liquidated damage provisions: Ensuring enforceability to protect businesses and medical practices

New York Law Journal | May 14, 2019

Long Island Complex Commercial Disputes partners Dan Gibbons and Jim Weller co-wrote this contributed article analyzing the use of restrictive covenants in physician contracts.

Employment—disability—judicial estoppel

Rhode Island Lawyers Weekly | April 30, 2019

Partner Neal McNamara and associate Aaron Nadich, both of the Labor & Employment practice group in Providence, are mentioned for their successful representation of Honeywell in a disability discrimination suit.

Baystate Business: Climate Change, Labor Laws

Bloomberg Radio | April 22, 2019

In this radio segment, the hosts interview Boston Labor and Employment partner Jeff Gilbreth about Massachusetts’ new family and medical leave law and how it may impact employers.

To avoid lawsuits, businesses must review websites for accessibility

Rochester Business Journal | April 18, 2019

Rochester Labor and Employment counsel Todd Shinaman is quoted in this column on the legal reasoning behind the view that provisions of the Americans with Disabilities Act apply to commercial websites.

Websites open to the public must comply with the U.S. Disabilities Act

Rochester Business Journal | April 06, 2019

Rochester Corporate partner Jeremy Wolk wrote this contributed article along with Labor and Employment counsel Todd Shinaman and associate Jeremy League describing the pertinent legal framework outline website owners’ obligations under the Americans with Disabilities Act.

Businesses sued over website accessibility; motive questioned

WHEC-TV (Rochester) | April 02, 2019

In the following coverage, Rochester Labor & Employment counsel Todd Shinaman is quoted in this story on a burgeoning trend of lawsuits filed against businesses whose websites are not compliant with the Americans with Disabilities Act. Todd appeared at a press conference to discuss the issue.

Scabby, Fat Cat find town signage ban lawful

Chicago Daily Law Bulletin | March 13, 2019

Chicago Labor & Employment partner Frank Saibert wrote this contributed article analyzing a Seventh Circuit decision that allowed a Wisconsin town to invoke its signage ban to exterminate a giant inflatable balloon rat displayed by a local labor union.

Brown reaches $3.5M deal to close book on ERISA suit

Law360 | March 12, 2019

Providence Complex Commercial Disputes partner Steve Richard and San Francisco Labor and Employment counsel Chuck Dyke are mentioned in this article for their representation of Brown University in a matter involving employee retirement savings accounts.

Hospital defeats deaf workers bias suit at 2nd Circuit

Law360 | February 28, 2019

Rochester Labor & Employment Counsel Marion Blankopf is mentioned in this article for her successful defense of Highland Hospital against a suit alleging violations of the Americans with Disabilities Act.

Attorney fee ruling may grease skids for wage case settlements

Law360 | February 20, 2019

Boston Labor & Employment counsel Matt Frankel is quoted in this article about a Massachusetts Supreme Judicial Court ruling that could make it easier for private attorneys to take on cases alleging violations of the state’s Wage Act.

Poorly pleaded discrimination case leaves court, defendants peeved

Chicago Daily Law Bulletin | February 12, 2019

Chicago Complex Commercial Disputes associate Laura Bacon wrote this contributed article analyzing a recent Seventh Circuit Court of Appeals ruling, which affirmed a lower court’s decision to dismiss with prejudice an employment discrimination suit in which the plaintiffs repeatedly failed to amend flaws in their filings.

Worker fired for concealed weapon wins appeal

Chicago Daily Law Bulletin | January 15, 2019

Chicago labor and employment partner Frank Saibert authored this column about a labor dispute related to Ameren Illinois Co.’s decision to fire an employee for violating the company’s workplace violence policy when a firearm was found in the employee’s vehicle.

UPS egress citations, settlement could put logistics firms on notice

Bloomberg Environment | January 10, 2019

San Francisco Labor & Employment partner Jeff Tanenbaum is quoted in this article on a recurring set of safety issues identified by OSHA at a UPS distribution center in Ohio.

New York gets more worker-friendly

Long Island Business News | December 09, 2018

Long Island Labor & Employment associate Tony Dulgerian is quoted extensively in this story on several recent worker-friendly policies enacted in various New York municipalities, including paid family leave and anti-sexual harassment trainings.

Employers have a lot to legally consider in starting a wellness program

Buffalo Business First | December 06, 2018

Buffalo Corporate associate Alexandra Lugo is interviewed on how companies can create employee wellness programs that benefit workers, boost the bottom line and comply with regulations.

Financial advisory firm fights NYU ERISA suit at 2nd Circuit

Law360 | December 02, 2018

New York City Complex Commercial Disputes partner Kristin Jamberdino and San Francisco Labor & Employment counsel Chuck Dyke are mentioned in this article as counsel for the financial advisory firm Cammack in a dispute regarding retirement plans for workers at New York University.

Second chance on retaliation claim due to suspicious timing

Chicago Daily Law Bulletin | November 28, 2018

Chicago Complex Commercial Disputes associate Laura Bacon wrote this contributed article analyzing a 7th Circuit Court of Appeals decision to reverse a summary judgment finding in the matter of a woman who claims she was fired from her company under false pretenses after reporting the sexual harassment of a colleague.

How Walmart decided to oust an icon of India's tech industry

Bloomberg | November 14, 2018

Long Island Labor & Employment associate David Tauster is quoted in this story on Walmart’s decision to remove the founder of the successful ecommerce startup Flipkart, which Walmart agreed to acquire this summer.

EEOC's Costco case sheds light on Title VII liability

Law360 | November 14, 2018

Chicago Complex Commercial Disputes associate Laura Bacon and Labor & Employment associate Brittany Bogaerts, co-wrote this contributed article analyzing a Seventh Circuit ruling that held Costco responsible for a hostile work environment created by a customer harassing an employee.

Here’s what J.B. Pritzker’s election means for Illinois taxes, minimum wage, health care and more

Chicago Tribune | November 08, 2018

Chicago Labor & Employment partner Brian Alcala is quoted in this article on how Illinois’ new Democratic governor may influence labor conditions in the state.

Working to keep employees from being poached? Not so fast.

HR Dive | November 04, 2018

Washington DC partner Alycia Ziarno and associate Brian Whittaker, and Boston counsel Ricardo Rauseo-Ricupero, all of the Complex Commercial Disputes practice group, are quoted in this article about their recent webinar detailing key considerations and best practices regarding “no-poach” agreements.

Hertz workers' wage, rest break certification bid hits speed bump

Law360 | November 04, 2018

San Francisco Labor & Employment partners Bob Dolinko and Seth Neulight and Los Angeles Labor & Employment associate Irene Scholl-Tatevosyan are mentioned in this article for their representation of Hertz in a matter regarding employees wage and rest break.

Thinking about a no-poach agreement

Corporate Counsel | October 26, 2018

Washington DC Complex Commercial Disputes partner Alycia Ziarno is quoted in this article on the Department of Justice’s evolving position on no-poach agreements, in which companies agree not to recruit each other’s employees.

Contacts

Tara E. Daub

Partner
Practice Group Leader, Labor & Employment

tdaub@nixonpeabody.com

Phone: 516-832-7613

Benjamin J. Kim

Partner
Deputy Practice Group Leader, Labor & Employment
Chair, Occupational Safety & Health (OSHA)

bkim@nixonpeabody.com

Phone: 213-629-6090

  • U.S. News/Best Lawyers “Best Law Firms” 2020 ranked as National Tier One in: Appellate Practice, Commercial Litigation, Corporate Law, Employment Law—Management, Energy Law, Franchise Law, Health Care Law, Labor Law—Management, Litigation—Construction, Litigation—Labor & Employment, Litigation—Real Estate, Mass Tort Litigation/Class Actions—Defendants, Patent Law, Public Finance Law, Real Estate Law, Securities Regulation, Tax Law
  • In addition, many Nixon Peabody practices received U.S. News/Best Lawyers Tier 1 rankings at the regional level in the following geographies: Albany, NY; Boston; Buffalo; Chicago; Long Island; Los Angeles; Manchester, NH; New York City; Providence, RI; Rochester, NY; San Francisco; and Washington, DC.
  • 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
Back to top