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Labor & Employment



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

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

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

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.”

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.

New sexual harassment rules now in effect

The Daily Record | October 17, 2018

Rochester Labor & Employment associate Kim Harding is quoted extensively in this article about New York state’s new rules to curb workplace sexual harassment and how employers are taking a more proactive approach.

Ex-Indiana University professor loses race discrimination case

Chicago Daily Law Bulletin | October 10, 2018

Chicago Labor & Employment partner Frank Saibert wrote this contributed article analyzing a lawsuit filed by an Indiana University professor who blamed racial discrimination for the university’s decision to deny him tenure.

When the national discourse of sexual abuse seeps into the office

Long Island Business News | October 04, 2018

Long Island Labor & Employment associate Tony Dulgerian is quoted in this story about how employers can respond to the current national dialogue by having conversations with employees about workplace harassment.

Non-competes

Bloomberg BayState Business | September 25, 2018

Labor & Employment partner Jeff Gilbreth and Complex Commercial Disputes partner Matt McLaughlin, both of the Boston office, joined Bloomberg Radio to discuss the new Massachusetts law restricting the use of noncompete clauses by businesses.

Businesses need policies in place on workers with side jobs

Newsday | September 22, 2018

Long Island Labor & Employment partner Jeff Meyer is quoted in this story offering his advice on creating workplace policies that acknowledge the rising trend of employees who moonlight in second jobs.

DOL will listen to employers on upcoming overtime rule

Society for Human Resource Management | September 05, 2018

Providence Labor & Employment associate Aaron Nadich is quoted in this article for his outlook on the possibility of a higher salary threshold for white-collar overtime exemptions.

Threats on social media draw sanctions

Chicago Daily Law Bulletin | September 03, 2018

Chicago Complex Commercial Disputes associate Laura Bacon authored this article about a recent opinion issued by the 7th U.S. Circuit Court of Appeals related to a Title VII action filed by a former Cook County Department of Corrections officer against her employer and how the plaintiff’s Facebook post during the litigation impacted the case.

Demotions can often lead to departures but also to fresh starts

Society for Human Resource Management | August 21, 2018

Chicago Labor & Employment partner Brian Alcala is quoted in this story on how employers choose to handle poor performers—whether by demotion, firing, or discharging those passed over for promotions.

Tough California hospital worker safety rules here to stay

Bloomberg Law | August 12, 2018

San Francisco Labor and Employment partner Jeff Tanenbaum is quoted in this article discussing the new Cal/OSHA standards for workplace safety in health care professions.

Union rep missing from meeting, employer probe leads to firing

Chicago Daily Law Bulletin | August 01, 2018

Chicago labor and employment partner Frank Saibert authored this column about a recent National Labor Relations Board decision regarding Weingarten rights which allow union-represented employees, who might be facing discipline, to have a union representative present for any questioning related to the matter.

Opioid addiction: What employers need to know

Spectrum News Rochester | July 19, 2018

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

Employers often designate leave as FMLA despite objections

Society of Human Resource Management | July 11, 2018

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

Be cautious with settlement releases

Chicago Daily Law Bulletin | July 01, 2018

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

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

Confero | June 30, 2018

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

Is your workplace toxic?

Long Island Business News | June 28, 2018

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

Markets, platelets and jazz

Bloomberg Radio | June 28, 2018

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

Drug testing in the workplace

Bloomberg Radio | June 18, 2018

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

Adding relevance to anti-harassment training

Long Island Business News | June 10, 2018

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

Saucy worker pays for slam with job

Chicago Daily Law Bulletin | June 06, 2018

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

Leaving a Trace at Work With Your Biometric Data

Providence Business News | May 24, 2018

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

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

Buffalo Business First | May 18, 2018

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

Outlawing sexual harassment

HR Executive.com | May 15, 2018

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

5 tips for parental leave policies that minimize legal risk

Law360 | May 10, 2018

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

Must California employers pay for every second worked?

SHRM.com (Society of Human Resource Management) | May 07, 2018

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

East County gym sued over transgender locker access

Fox 5 San Diego | May 01, 2018

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

New Washington employment laws focus on privacy and #MeToo

Law360 | April 22, 2018

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

Some work environments, hostile as advertised, are not actionable

Chicago Daily Law Bulletin | April 18, 2018

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

The rise of retaliation rates

HR Executive | April 17, 2018

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

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

Chicago Tribune | April 10, 2018

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

Montana Highlights

Big Sky Business Journal | April 08, 2018

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

Higher Education Should Note Recent Title VII Rulings

Law360 | April 04, 2018

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

Deceptive Office Entry Costs Union Organizer Job

Chicago Daily Law Bulletin | March 27, 2018

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

High Court Clarifies Corporate Whistleblower Laws

Rochester Business Journal | March 22, 2018

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

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

Journal of Compensation and Benefits | March 19, 2018

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

NLRB Slaps Hotel Operators over Baseless Union Lawsuit

Chicago Daily Law Bulletin | February 26, 2018

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

Workplace Messaging Apps Offer Flexibility Require Vigilance

Newsday | February 16, 2018

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

5 Ways to Avoid Legal Heartache from Office Romance

Law360 | February 15, 2018

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

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

San Francisco Business Times | January 31, 2018

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

Review Your Company Dating Policy in Light of #MeToo Movement

SHRM | January 30, 2018

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

Trump Labor Board Forges Forward

Chicago Daily Law Bulletin | January 23, 2018

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

Absent with leave

Long Island Business News | January 23, 2018

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

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

Law360.com | January 10, 2018

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

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

Working Mother | January 10, 2018

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

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

Law360.com | January 09, 2018

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

Mental health exam bests ADA shield

Chicago Daily Law Bulletin | December 27, 2017

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

Partial delay of fiduciary rule leaves investment industry in limbo

Pensions & Investments | December 06, 2017

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

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

Courthousenews.com | November 28, 2017

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

Federal judge affirms right to halt Indonesian deportations

Seacoast Online | November 27, 2017

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

NH Indonesian community celebrates legal victory in deportation case

New Hampshire Union Leader | November 27, 2017

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

Marijuana and the workplace

Providence Business News | November 23, 2017

Providence labor and employment partner and office managing partner Andrew Prescott analyzes the workplace impact of the legalization of marijuana in all six New England states.

Appeals court gives pass on racial slurs

Chicago Daily Law Bulletin | November 19, 2017

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

What to expect after latest DOL overtime rule appeal

Law360 | November 15, 2017

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

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

SHRM.com | November 05, 2017

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

Blockchain annuity startup adds legal advisor

ThinkAdvisor | October 31, 2017

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

Long-term medical leave not part of FMLA

Chicago Daily Law Bulletin | October 22, 2017

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

Department of Education withdraws Obama-era Title IX Guidance

Rochester Business Journal | October 19, 2017

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

Preventative discrimination training should be ongoing

Rochester Business Journal | October 19, 2017

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

The right-to-work movement

Long Island Business News | October 17, 2017

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

Revisiting Title IX process could benefit all lawyers say

Rhode Island Lawyers Weekly | October 04, 2017

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

Why remote working succeeds at some companies and not others

Chicago Tribune | October 03, 2017

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

Expanding in-person interviews

HR Executive | September 25, 2017

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

5th Circ. dismissal signals end to Obama overtime regs

September 21, 2017

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

Contacts

David S. Rosenthal

Partner
Practice Group Leader,
Labor & Employment

drosenthal@nixonpeabody.com

Phone: 617-345-6183

Brian V. Alcala

Partner
Deputy Practice Group Leader, Labor & Employment

bvalcala@nixonpeabody.com

Phone: 312-977-4366

  • 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
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