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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Federal courts grind up gender bias charges against sausage company

Chicago Daily Law Bulletin | September 17, 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 | August 31, 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 16, 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 04, 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 04, 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 18, 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 15, 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 08, 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 29, 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 21, 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 18, 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 16, 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 16, 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 08, 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 23, 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 27, 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 26, 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 18, 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 01, 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.

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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