OfficeWindowMeeting_77276544_HomeFeature

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

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.

Will California's Fair Pay Act Make the Difference for Women in Hollywood?

Variety | November 10, 2015

San Francisco Labor & Employment partner Seth Neulight provides commentary in this feature story on the potential impact in Hollywood of California’s Equal Pay Act.

Apple bags win for no-pay bag check policy

Daily Journal | November 10, 2015

This coverage notes a federal judge’s decision that Apple Inc. is allowed to not pay workers for time spent checking their bags. San Francisco Labor & Employment partner Ossie Cousins provides third-party commentary.

Dealbook: Firms Wrestle with Making Room for Younger Lawyers

The New York Times | November 05, 2015

Nixon Peabody is positioned in this feature article as a firm focused on creating an entrepreneurial environment where attorneys can pursue their passion and thrive. CEO and Managing Partner Andrew Glincher is quoted discussing the need for attorneys to focus on the future. Associate Joe Carello, a member of our Labor & Employment practice and Food, Beverage & Agriculture industry team, is also quoted within the story discussing efforts to grow a practice providing legal services to craft breweries and how these efforts are supported by the firm.

FMLA filing limitations get new read

Chicago Daily Law Bulletin | November 05, 2015

Chicago Labor & Employment partner Frank Saibert authored this column on the requirement that lawsuits involving Family and Medical Leave Act (“FMLA”) violations be brought no later than two years “after the date of the last event constituting the alleged violation for which the action is brought. Click here to read the full article.

Allergies in the Workplace

WJAR-TV (Providence NBC affiliate) | October 29, 2015

Partner and co-leader of the firm’s Labor & Employment practice group Stacie Collier discusses food allergies in the workplace in this live, in-studio interview.

Fast Start – She's at home in the legal field

Rochester Business Journal | October 23, 2015

Rochester Labor & Employment associate Meghan Schubmehl is featured in this weekly profile.

'Uphill Battle' Expected in Light for Statewide $15 Minimum Wage

Buffalo Business First  | October 23, 2015

Labor & Employment counsel Todd Shinaman provides commentary in this feature story on the legal battle over the push for a $15 minimum wage in New York State.

Court rules union investigator should be allowed on site of employee death

Chicago Daily Law Bulletin | October 21, 2015

Chicago Labor & Employment partner Frank Saibert authored this column discussing a court ruling that union investigators should be allowed on site of employee death. Click here to read the article.

Uber Faces Additional Class Action

Daily Journal | October 14, 2015

San Francisco Labor & Employment partner Ossie Cousins provides third-party commentary in this feature story on issues Uber is facing over drivers’ pay.

Equal Pay Act and Hollywood Impact

KCBS News Radio (San Francisco) | October 08, 2015

San Francisco Labor & Employment partner Seth Neulight provides live commentary on how California’s Equal Pay Act will impact Hollywood employers.

Calif. Gov. Signs Equal Pay Law Touted As Toughest In US

Law360 | October 06, 2015

San Francisco Labor & Employment partner Seth Neulight provides commentary in this feature article on California Governor Brown’s signing into law a bill that aims to close the gender wage gap.

The ABCs of Calif.'s Automated External Defibrillator Law

Law360 | September 24, 2015

San Francisco Labor & Employment partner Jeff Tanenbaum and associate Traci Bernard-Marks authored this column discussing why it may be prudent for employers to still generally make use of automated external defibrillators voluntary and not part of an employee’s job duties.

New Law Puts Brakes on Health-Care Reimbursements for Employees

Chicago Daily Law Bulletin | September 22, 2015

Chicago Labor & Employment partner Yelena Gray authored this column discussing the importance of employers being aware of medical reimbursement arrangements. Click here to read the full article.

Define contractors' role at work

Democrat and Chronicle | September 19, 2015

Rochester Labor & Employment associate Joe Carello authored this column on properly classifying contract workers.

Think NLRB Rules Don't Apply to You? Think Again

Rochester Business Journal | September 18, 2015

Rochester Corporate Transactions partner Jeff LaBarge and Rochester Labor & Employment associate Kim Harding authored this column discussing increased enforcement actions by the National Labor Relations Board, the resulting litigation and how employers should comply.

Hopping Business

Rochester Business Journal | September 18, 2015

Rochester Labor & Employment associate Joe Carello and Rochester Corporate Transactions associate Brian Mahoney are extensively quoted in this cover story on how craft breweries are acting as economic drivers and some of the challenges these growing businesses face.

7th Circuit weighs in on constructive discharge tort

Chicago Daily Law Bulletin | September 16, 2015

Chicago Labor & Employment partner Frank Saibert authored this column discussing constructive discharge—a legal theory that former employees, especially those alleging unlawful discrimination, to sue their former employers even though they resigned and were not fired. Click here to read the full article.

DOL Home Care Wage Rule Part of Larger Pro-Worker Agenda

Law360 | September 08, 2015

Providence Labor & Employment partner Andrew Prescott authored this column discussing the reinstatement of the U.S. Department of Labor's final rule requiring third-party employers of companionship and live-in domestic service workers to comply with the federal Fair Labor Standards Act's overtime and minimum-wage requirements.

Wearable devices pose data security problems

Rochester Business Journal | August 21, 2015

Rochester partner Jeff LaBarge and Rochester associate Joe Carello authored this column discussing legal issues surrounding wearable devices in the workplace.

What you should know about social media

Daily Record | August 20, 2015

Rochester associates Joe Carello and Kate Martinez are quoted throughout this piece discussing tips for employers handling social media and data issues before, during, and after employment.

The Long Road Ahead

Chicago Daily Law Bulletin | August 18, 2015

Chicago Labor & Employment partner Frank Saibert provides commentary in this feature story on the National Labor Relations Board’s recent decision regarding college football unionization.

Appeals court at odds with National Labor Relations Board

Chicago Daily Law Bulletin | August 17, 2015

Chicago Labor & Employment partner Frank Saibert authored this column discussing two recent decisions by the U.S. Court of Appeals for the District of Columbia rejecting the National Labor Relations Board’s logic.

Changing the Game in the Independent Contractor Debate

The Recorder | August 04, 2015

San Francisco Labor & Employment associate Caroline Burnett authored this contributed article which focuses on classification questions and what constitutes an employee versus an independent contractor.

Interns: To pay or not to pay, that is the question

Democrat & Chronicle | August 02, 2015

Rochester Labor & Employment partner Steve Jones authored this column in Sunday’s Democrat & Chronicle discussing summer internships and what employers need to keep in mind.

Calif. Cases to Watch in the 2nd Half of 2015

Law360 | July 22, 2015

San Francisco Labor & Employment partner Seth Neulight provides commentary in this feature story on key cases before the California Supreme Court.

Guest Column: Creative Vacation Plans

Providence Business News | July 20, 2015

Providence Labor & Employment associate Jessica Jewell authored this article on creative approaches to traditional vacation policies that employers should consider in an effort to hire and retain top-notch employees.

Should Workers Get Overtime for Answering Emails After Hours?

Chicago Tribune | July 17, 2015

Chicago Commercial Litigation associate Laura Bacon provides third-party commentary on increasing litigation risks and greater need for employers to establish clear policies surrounding work-related communication by employees.

Labor Daze: Court dismisses airline-union squabble

Chicago Daily Law Bulletin | July 09, 2015

Chicago Labor & Employment partner Frank Saibert authored this column discussing a federal judge’s decision dismissing a lawsuit after deeming the matter to be a “minor dispute” under the Railway Labor Act and therefore resolvable only by the parties’ collective bargaining agreement’s grievance procedure. Click here to read the full article.

NLRB must address conflicting laws in failure to bargain case

Reuters Legal | July 07, 2015

This coverage notes the DC Circuit’s unanimous decision that the National Labor Relations Board failed to do its job of reconciling conflicting labor laws and must revisit a matter involving Children’s Hospital and Research Center of Oakland. Labor & Employment associate Matt Frankel is noted as the hospital’s counsel.

Employers Stay on Path as ACA Upheld

Buffalo Law Journal | July 06, 2015

Following the U.S. Supreme Court’s decision in King v. Burwell, Rochester Labor & Employment partner Kate Saracene discusses the impact on employers.

For Firms, King Ruling Means ‘Business as Usual'

Rochester Business Journal | July 02, 2015

Rochester Employee Benefits and Labor & Employment partner Kate Saracene authored this op-ed on the impact on employers following the Supreme Court’s King v. Burwell decision.

Obama's Overtime Proposal Could Be Costly for Colleges

The Chronicle of Higher Education | July 01, 2015

Long Island Labor & Employment partner Tara Daub provides commentary in this article on the Obama administration’s proposed overtime pay rules.

Attorneys Rally Around High Court's Gay Marriage Decision

Law360 | June 26, 2015

Chicago Labor & Employment partner Yelena Gray and Providence Labor & Employment partner Andrew Prescott are quoted in this article on the impact of the Supreme Court’s recent decision regarding marriage equality.

Attorneys React To Supreme Court's ACA Save

Law360 | June 25, 2015

Rochester Employee Benefits and Labor & Employment partner Kate Saracene provides commentary on the Supreme Court’s highly-anticipated Affordable Care Act (ACA) decision.

With Supreme Court Case Over, ACA's Loose Ends Are New Target

Crain's New York Business: Health Pulse | June 25, 2015

As the Supreme Court winds down its current term, Rochester Employee Benefits and Labor & Employment partner Kate Saracene discusses the Court’s highly-anticipated Affordable Care Act (ACA) decision.

No Rest for the Workers: Calif.'s Day-of-Rest Law

Law360 | June 09, 2015

San Francisco Labor & Employment associate Danielle Kleinman and San Francisco commercial litigation associate Cameron Cloar-Zavaleta authored this column discussing California’s day-of-rest law.

Split NLRB Backs ‘Inherently Concerted' Acts

Chicago Daily Law Bulletin | June 08, 2015

Chicago Labor & Employment partner Frank Saibert authored discussing the National Labor Relations Board’s actions around the “protected concerted activity” doctrine.

Calif. Justices to Weigh Break Issue Left Open by Brinker

Law360 | June 02, 2015

Los Angeles Labor & Employment counsel Dale Hudson is quoted in this article discussing the California Supreme Court’s decision to hear a class action brought a group of security guards who claim they were illegally forced to be on call during breaks and how this case gives the court a chance to clarify whether rest periods must be free from all work.

Anthony Museum Names New Board, Officers

The Daily Record | June 01, 2015

Rochester Labor & Employment associate Kim Harding has been elected to the board of the National Susan B. Anthony House.

Laws Try to Resolve Employer-Employee Social Media Conflicts

Wall Street Journal | May 28, 2015

Providence Commercial Litigation counsel Steven Richard is quoted in this article discussing how state laws on social media are impacting employer-employee relations in the absence of an overarching federal law.

Lawyers Weigh in on High Court ERISA Ruling

Law360 | May 18, 2015

Chicago Labor & Employment counsel Catherine Gonzalez is quoted in this article discussing the significance of the U.S. Supreme Court’s decision in Tibble v. Edison International.

Justices Give Trial Courts Bigger Say in EEOC Complaints

Chicago Daily Law Bulletin | May 18, 2015

Chicago Labor & Employment partner Frank Saibert authored this column on the unanimous United States Supreme Court ruling authorizing federal courts to determine whether the Equal Employment Opportunity Commission satisfied its statutory mandate to attempt conciliation or settlement of discrimination claims prior to suing employers for discrimination.

5 Tips for Employers Worried About Worker Substance Abuse

Law360 | May 07, 2015

Providence partner and co-leader of the Labor & Employment practice group Stacie Collier is quoted in this article on important considerations employers should examine when concerned about possible employee substance abuse.

Are Employers Responsible for an Employee's Unauthorized Review of a Patient's Confidential Health Information?

Journal of the American College of Radiology | May 01, 2015

This contributed column discusses employer liability for employees who improperly access confidential patient information. This piece is authored by Albany Health Care partners Laurie Cohen and Peter Millock, counsel Barbara Asheld and Long Island associate Brooke Lane.

Scrutiny, Awareness Raise the Stakes for Employers

Rochester Business Journal | May 01, 2015

Rochester Labor & Employment partner Steve Jones is quoted throughout this article about trends in wage hour legislation and compliance. Click here to read the full article.

The Pendulum Swings in Two Massachusetts Franchise Cases

The Legal Intelligencer | April 24, 2015

New York City partner and leader of the firm’s Franchise & Distribution practice Craig Tractenberg and Providence Labor & Employment associate Jessica Jewell coauthored this article on two Massachusetts Supreme Judicial Court decisions which provide valuable lessons for franchise systems with respect to tipping policies.

Labor Board Shields Online Rants

National Law Journal | April 20, 2015

Rochester Labor & Employment partner Stephanie Caffera is quoted in this article discussing a National Labor Relations Board decision regarding an employee’s expletive-filled rant on Facebook against this employer.

Bad Mouths and Loose Lips Have Lots of Leeway at NLRB

Law360 | April 15, 2015

Rochester Labor & Employment partner Stephanie Caffera authored this column discussing how the National Labor Relations Board is dealing with situations involving foul language by employees directed toward/about their employers.

Labor Daze: U.S. Supreme Court Finds Middle Group in Pregnancy Bias Case

Chicago Daily Law Bulletin | April 15, 2015

Chicago Madison Labor & Employment partner Frank Saibert authored this article discussing the U.S. Supreme Court’s ruling pertaining to the federal Pregnancy Discrimination Act.

Confusing Wage Laws Trip Up Businesses

Democrat & Chronicle | April 15, 2015

Rochester Labor & Employment partner Steve Jones discusses how labor law violations, penalties and accusations can impact employers. Click here to read the full article.

Guilt—and Liability—by Association under the ADA

Law360 | April 03, 2015

Long Island Labor & Employment partner Chris Gegwich and Long Island Labor & Employment associate Alex Gallin authored this piece discussing the broad reach of the Americans with Disabilities Act and local civil rights laws in prohibiting actions against employees.

Supply Chain Slavery Comes into Focus for Companies

Wall Street Journal | March 30, 2015

San Francisco Labor & Employment partner Jeff Tanenbaum is quoted in this article discussing slave labor in the supply chain.

Attorneys React to High Court Pregnancy Bias Ruling

Law360 | March 25, 2015

Long Island Labor & Employment partner Chris Gegwich provides commentary on the impact of the U.S. Supreme Court pregnancy discrimination case.

ACLU Sues for Volkman Trial Info

Portsmouth Daily Times | March 19, 2015

Providence office managing partner Neal McNamara and Providence Labor & Employment associate Jessica Jewell are noted as the American Civil Liberties Union of Rhode Island's counsel in filing a Freedom of Information Act lawsuit on behalf of a local journalist.

New NLRB Union Election Rules Loom

Chicago Daily Law Bulletin | March 18, 2015

Chicago Madison Labor & Employment partner Frank Saibert authored this column discussing the National Labor Relations Board’s new election rules that will make it easier for unions to organize new members.

Nurse Infected with Ebola at Texas Hospital Files Suit Alleging Negligence, Privacy Claims

Bloomberg BNA's Health Law Reporter | March 05, 2015

San Francisco Labor & Employment partner Jeff Tanenbaum is quoted in this article on the lawsuit filed by the Texas nurse infected with the Ebola virus while on the job.

People on the Move

Buffalo Business First | March 05, 2015

This coverage highlights the arrival of Buffalo Labor & Employment counsel Sarah Ranni.

Seventh Circuit Approves Trial, Sending Message on Retaliation Allegations

Chicago Daily Law Bulletin | February 12, 2015

Chicago Madison Labor & Employment partner Frank Saibert authored this column discussing a U.S. Circuit Court of Appeals ruling in an employee retaliation trial.

Piece-Rate Payment Proving More Problematic

The Crush (the Publication of the California Association of Winegrape Growers) | February 01, 2015

San Francisco Labor & Employment partner Paul Lynd discusses increasing issues with the common practice of piece-rate payment for vineyard workers.

Not All is Well with Wellness Programs

Buffalo Law Journal | January 12, 2015

Partner and co-leader of Labor & Employment practice group Eric Paley is quoted in this article discussing the state of workplace wellness programs.

Strong Internal Controls Offer Defense Against Fraud

Rochester Business Journal | January 09, 2015

Rochester Commercial Litigation partner Chris Thomas and Rochester Labor & Employment associate Joe Carello are quoted in this article discussing how businesses can defend against fraud.

Retiree Benefits Burden Many Employers

Buffalo Business First | January 09, 2015

Partner and co-leader of Labor & Employment practice group Eric Paley is quoted in this article discussing issues employers encounter with retiree benefits.

Can NY Employers Retaliate Against Employee Attorneys?

Law360 | January 08, 2015

Long Island Labor & Employment partner Christopher Gegwich and associate Tony Dulgerian authored this column discussing a lawsuit seeking an unprecedented interpretation of the retaliation provisions of New York Labor Law.

California Legislation to Watch in 2015

Law360 | January 02, 2015

This coverage quotes San Francisco Labor & Employment partner Jeff Tanenbaum discussing the potential national implications of new legislation in California.

California's Worker-Friendly Laws Passed in 2014 Could Spread Across the Nation

Daily Journal | December 29, 2014

This coverage quotes San Francisco Labor & Employment partner Jeff Tanenbaum discussing the potential national implications of California’s employment laws passed in 2014.

In Question: Health Benefits for the Retired

Buffalo Law Journal | December 15, 2014

Partner and co-leader of the Labor & Employment practice group Eric Paley is quoted in this feature story addressing medical benefits for retirees.

After Delays, Employer Mandate Kicks in Soon

Business First of Buffalo | November 28, 2014

Rochester partner and Health and Welfare Employee Benefits team leader Kate Saracene is quoted in this end-of-year story on the Affordable Care Act’s employer mandate to provide health insurance coverage going into effect Jan. 1.

Nixon Peabody Attorney Hooked by TV Lawyers

Democrat & Chronicle | November 18, 2014

This feature story profiles Rochester Labor & Employment partner Steve Jones. In the piece, Steve discusses a range of topics including his passion for employment law, how he developed his practice and the firm’s history in and commitment to Rochester.

People on the Move

San Francisco Business Times | November 14, 2014

The arrival of San Francisco Labor & Employment counsel Chuck Dyke.

Career Coach: Tackling Tricky Interview Questions

Ignites (A Financial Times service) | November 03, 2014

Boston office managing partner and Labor & Employment attorney Gary Oberstein discusses how employers can handle tough questions in the interview process.

Don't Get Tripped Up by Big OT Changes

Democrat and Chronicle | October 29, 2014

Rochester Labor & Employment partner Stephanie Caffera authored this column discussing how anticipated changes to the Fair Labor Standards Act will impact employers.

Why Amazon is nervous about Supreme Court case

CBS Moneywatch | October 10, 2014

San Francisco Labor & Employment partner Ossie Cousins provides commentary on the U.S. Supreme Court’s Integrity Staffing Solutions Inc. v. Busk, a case centered upon contract workers.

Pregnancy and the Workplace

WFXT-TV (Boston FOX affiliate) | October 03, 2014

Boston Labor & Employment partner Jeff Gilbreth discusses claims of pregnancy discrimination in the workplace and what employers can do to avoid such claims.

Wearable Wellness

HR Executive | October 01, 2014

San Francisco Labor & Employment associate Alexandra Devendra is quoted in this feature story on personal health information confidentiality and HIPAA’s nondiscrimination provision concerning employee use of wearable devices.

Franchisors Should Stay Out of Franchisee Personnel Management

The Legal Intelligencer | September 26, 2014

New York City partner and leader of the Franchise & Distribution practice Craig Tractenberg and Los Angeles Labor & Employment associate Michael Curtis authored this column on circumstances where a franchisor may be liable for alleged employment law violations.

Contacts

Eric Paley

Partner
Practice Group Leader, Labor & Employment

epaley@nixonpeabody.com

Phone: 585-263-1012

Brian V. Alcala

Partner
Deputy Practice Group Leader, Labor & Employment

bvalcala@nixonpeabody.com

Phone: 312-977-4366

David S. Rosenthal

Partner

drosenthal@nixonpeabody.com

Phone: 617-345-6183

  • 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
Back to top