Labor & Employment Litigation



Our goal is to protect your business by resolving disputes efficiently, warding off potential litigation and delivering cost-effective defense strategies aligned with your overall business objectives.

Our approach

We continue to see an increase in the filing of employment-related lawsuits year over year due, in part, to the shifts in the economy, aggressive government enforcement and attractive incentives for the plaintiffs’ bar. Burdensome and vexatious class action lawsuits alleging employment discrimination and wage-hour violations remain omnipresent. In this challenging environment, employers continue to face significant potential financial exposures and disruption to business operations.

The quickest and most efficient way to resolve litigation is not always the most obvious. We collaborate with clients at the outset of a case to develop creative and aggressive strategies that result in dispositive victories on the merits, provide procedural leverage or position the case for early settlement on favorable terms.

Our deep bench of seasoned trial lawyers protects clients in high exposure “bet-the-company” disputes, class and collective-action litigation, arbitrations and alternative dispute resolution.

From complex class actions and multi-jurisdictional cases to single-plaintiff wrongful discharge or discrimination cases—and the full range of labor or employment matters in between—our attorneys work closely with our clients to develop case budgets and litigation plans to meet their needs, assist in tracking and controlling costs and work toward a winning solution.

Who we work with

  • Any organization facing employment litigation or threatened with being sued

Saucy worker pays for slam with job

Chicago Daily Law Bulletin | June 07, 2018

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

Must California employers pay for every second worked?

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

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

New Washington employment laws focus on privacy and #MeToo

Law360 | April 23, 2018

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

Some work environments, hostile as advertised, are not actionable

Chicago Daily Law Bulletin | April 19, 2018

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

The rise of retaliation rates

HR Executive | April 18, 2018

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

Higher Education Should Note Recent Title VII Rulings

Law360 | April 05, 2018

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

Deceptive Office Entry Costs Union Organizer Job

Chicago Daily Law Bulletin | March 28, 2018

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

High Court Clarifies Corporate Whistleblower Laws

Rochester Business Journal | March 23, 2018

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

Long-term medical leave not part of FMLA

Chicago Daily Law Bulletin | October 23, 2017

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

Revisiting Title IX process could benefit all lawyers say

Rhode Island Lawyers Weekly | October 05, 2017

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

Federal courts grind up gender bias charges against sausage company

Chicago Daily Law Bulletin | September 18, 2017

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

The requirements of California wage and hour law: a primer

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

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

Appellate court clobbers labor board in union arrest case

Chicago Daily Law Bulletin | August 17, 2017

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

Counting union ballots and close calls

Chicago Daily Law Bulletin | July 05, 2017

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

Dodd-Frank leaves muddle on forced arbitration of whistleblower claims

Reuters | July 05, 2017

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Contacts

David S. Rosenthal

Partner
Practice Group Leader,
Labor & Employment

drosenthal@nixonpeabody.com

Phone: 617-345-6183

Michael R. Lindsay

Partner

mlindsay@nixonpeabody.com

Phone: 213-629-6000

Stephen J. Jones

Partner

sjones@nixonpeabody.com

Phone: 585-263-1386

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