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.
Rochester Business Journal | June 10, 2022
This article covering equity and inclusion provisions in New York state’s recreational cannabis law quotes Rochester Labor and Employment partner Kim Harding, who discusses potential opportunities created by the Seeding Opportunity Initiative, labor peace agreements, and how cannabis businesses are establishing credibility while dispelling stigma that can surround the industry.
Law.com | June 01, 2022
The following article highlights the arrival of Washington, DC Labor &Employment partners Jennifer Squillario and Ian Taylor, who focus their practices on ERISA litigation.
Law360 | May 31, 2022
The following article highlights the arrival of Washington, DC Labor & Employment partners Jennifer Squillario and Ian Taylor, who focus their practices on ERISA litigation.
Reuters Legal | May 26, 2022
The following article highlights the arrival of Washington, DC Labor & Employment partners Jennifer Squillario and Ian Taylor, who focus their practices on ERISA litigation.
Bloomberg Law | May 13, 2022
This roundup of notable legal industry news and attorney moves includes the arrival of Albany Labor & Employment counsel Vince Polsinelli and Chris Stevens to the firm, highlighting that Vince is returning after previously working at NP.
Law360 | May 13, 2022
This article quotes Los Angeles Labor & Employment partner Richard Frey, who is representing the California Business and Industrial Alliance in a constitutional challenge to California’s Private Attorneys General Act, which allows workers to file employment law enforcement actions on the state’s behalf.
The New York Daily Record | March 08, 2022
This column of notable promotions and moves features Rochester Labor & Employment partner Kim Harding for her appointment as deputy leader of NP’s Litigation Department. The article also highlights Rochester Labor & Employment associate Jeniffer Taylor for joining the firm, and Rochester Affordable Housing & Real Estate associate Ninteretse Jean Pierre (JP) for rejoining NP.
Bloomberg Law | March 07, 2022
Rochester Labor & Employment partner and deputy leader of the Litigation Department Kim Harding is quoted in this article about the NLRB’s reconsideration of its legal framework for workplace rules and employee handbooks, and what this could mean for employers.
Rhode Island Lawyers Weekly | February 25, 2022
Providence Labor & Employment counsel Jessica Schachter Jewell is quoted throughout this article covering the potential impact of H.R. 4445, pending federal legislation that would prohibit employers from mandating arbitration for sexual harassment and sexual assault claims.
Bloomberg Law | February 22, 2022
This article analyzes the different outcomes in the National Labor Relations Board’s Trump-era and Obama-era worker classification legal tests, which determine if workers are considered employees protected by federal law. Rochester Labor & Employment partner and Litigation Department deputy head Kim Harding is quoted for her perspective on whether new standards will drive additional litigation.
Reuters Legal | January 26, 2022
This article, on Sony Music agreeing to drop a copyright lawsuit against fitness apparel company Gymshark for its alleged misuse of songs in social media ads, mentions Los Angeles Intellectual Property partner and Fashion practice leader Staci Jennifer Trager for representing Gymshark. Los Angeles Labor & Employment senior counsel Dale Hudson also worked on the case.
Dot LA | January 24, 2022
This article on Microsoft’s proposed $69 billion acquisition of video game company Activision Blizzard quotes Washington, DC Complex Disputes partner and Antitrust practice leader Gordon Lang on antitrust considerations and potential issues related to similar large-sized mergers and acquisitions. Esports & Gaming group leader and Los Angeles Labor & Employment associate Irene Scholl-Tatevosyan is quoted on the strength of competition among companies of all sizes in the gaming industry.
Crain’s Chicago | January 17, 2022
This roundup of notable moves and hires highlights the arrival of Chicago Labor & Employment counsel Kamau Coar to the firm, noting that Kamau will advise public and private corporations and their leadership suites on enterprise risk management, governance issues, and litigation across practices and industry sectors.
WROC-TV | January 14, 2022
This TV news segment, focusing on the U.S. Supreme Court’s decision to block the OSHA rule mandating COVID-19 vaccination for large companies, features Rochester Labor & Employment partner Kim Harding for her thoughts on the ruling and how companies are breathing a sigh of relief for no longer having potential OSHA penalties lingering over them.
WHEC-TV | January 13, 2022
Rochester partner Kim Harding is quoted in this broadcast segment regarding how some large companies will be relived in the wake of the SCOTUS decision, as it lifts the administrative burden of collecting tests and vaccination cards. Kim is also quoted on how the decision does not include the reinstatement of employees who were terminated for not getting vaccinated.
Law360 | January 03, 2022
The following article quotes San Francisco Labor & Employment partner Seth Neulight for his outlook on key wage and hour SCOTUS petitions and cases to watch in 2022. Seth comments on People v. Handy Technologies Inc. et. al. and how the case illustrates worker classification and further considerations service gig companies should take into account. He also discusses PAGA suits, and how several pending Supreme Court cases present the question of whether its 2018 decision that condoned businesses requiring workers to resolve disputes in arbitration nullified an earlier California Supreme Court decision.
Law360 | January 03, 2022
The following article quotes San Francisco Labor & Employment partner Seth Neulight for his outlook on key wage and hour SCOTUS petitions and cases to watch in 2022. Seth comments on People v. Handy Technologies Inc. et. al. and how the case illustrates worker classification and further considerations service gig companies should take into account. He also discusses PAGA suits, and how several pending Supreme Court cases present the question of whether its 2018 decision that condoned businesses requiring workers to resolve disputes in arbitration nullified an earlier California Supreme Court decision.
The Daily Record | December 23, 2021
This article on Rochester’s Power 20 Litigation list for 2021 includes Rochester Labor & Employment partner Steve Jones. Coverage of the accolade also includes a Q&A feature story on Steve’s outlook on the legal industry, what he enjoys about being a litigator, and his community impact.
Law360 | December 22, 2021
This 2021 roundup of arbitration developments related to wage and hour law quotes San Francisco Labor & Employment associate Hillary Baca related to a September ruling in Chamber of Commerce of the United States of America v. Bonta, when a Ninth Circuit panel found that California’s A.B. 51, which cracks down on arbitration agreements, doesn’t run afoul of the Federal Arbitration Act.
Q Voice News | December 09, 2021
The following article covers the successful resolution of a long-running pro bono matter for which NP teamed with the ACLU to represent a transgender woman who was denied access to the women’s locker room at a gym in San Diego on more than 70 occasions. This denial of access clearly violated California’s Unruh Civil Rights Act, which bars discrimination in public accommodations. After more than three years, the parties reached a fair settlement. The NP team working on this case includes Intellectual Property partner and Life Sciences practice co-chair Seth Levy, Labor & Employment partner Michael Lindsay, and alum Erin Holyoke, all of the Los Angeles office.
Advocate | December 09, 2021
The following article covers the successful resolution of a long-running pro bono matter for which NP teamed with the ACLU to represent a transgender woman who was denied access to the women’s locker room at a gym in San Diego on more than 70 occasions. This denial of access clearly violated California’s Unruh Civil Rights Act, which bars discrimination in public accommodations. After more than three years, the parties reached a fair settlement. The NP team working on this case includes Intellectual Property partner and Life Sciences practice co-chair Seth Levy, Labor & Employment partner Michael Lindsay, and alum Erin Holyoke, all of the Los Angeles office.
The Daily Record | November 05, 2021
The following coverage of OSHA’s federal COVID vaccination and testing guidelines for large private employers includes outlook from Boston partner Jeff Gilbreth and Rochester partner Kim Harding, both of the Labor & Employment group. They discuss what companies need to know and how they can prepare, and—with several states filing related lawsuits—both Jeff and Kim emphasize that employers should still proceed as though the regulations will be implemented.
Bloomberg Radio | November 05, 2021
The following coverage of OSHA’s federal COVID vaccination and testing guidelines for large private employers includes outlook from Boston partner Jeff Gilbreth and Rochester partner Kim Harding, both of the Labor & Employment group. They discuss what companies need to know and how they can prepare, and—with several states filing related lawsuits—both Jeff and Kim emphasize that employers should still proceed as though the regulations will be implemented.
The Boston Globe | November 05, 2021
The following coverage of OSHA’s federal COVID vaccination and testing guidelines for large private employers includes outlook from Boston partner Jeff Gilbreth and Rochester partner Kim Harding, both of the Labor & Employment group. They discuss what companies need to know and how they can prepare, and—with several states filing related lawsuits—both Jeff and Kim emphasize that employers should still proceed as though the regulations will be implemented
Chicago Daily Law Bulletin | July 06, 2021
Chicago Labor & Employment counsel Frank Saibert contributed this article analyzing the D.C. Circuit Court’s ruling, which found that a manager’s commentary about an employee’s union was protected personal opinion and absent of threat.
Law360 | July 01, 2021
This article on notable wage and hour rulings from the first half of the year quotes San Francisco Labor & Employment associate Jade Butman for her outlook on rounding break time in Donohue v. AMN Services, and the impact of including consumers in the Federal Aviation Administration Authorization preemption analysis in California Trucking Association et al. v. Bonta et al.
GreenState | June 15, 2021
Rochester Labor & Employment partner Kim Harding is quoted in this article on Amazon’s announcement it will stop testing job seekers for cannabis, noting the impact of Amazon’ s decision at a national level and adding that Amazon’ s support of the MORE Act lends a great deal of credibility to the proposed legislation that would legalize marijuana at the federal level.
Courthouse News Service | June 01, 2021
The following article covers the U.S. Supreme Court’s decision to hear a case involving client H&M and allegations of fabric design copyright infringement by textile company Unicolors. Los Angeles Intellectual Property partner Staci Riordon, vice-chair of the Litigation Department and Fashion Practice leader, is quoted in the Law360 article on defending the previous Ninth Circuit ruling, which held that the trial court had erred in its ruling, and found that instead of infringement, the textile company’s copyright was invalid and the plaintiff did not use the copyright process appropriately. The NP team representing H&M also includes Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of the Los Angeles office.
Reuters | June 01, 2021
The following article covers the U.S. Supreme Court’ s decision to hear a case involving client H&M and allegations of fabric design copyright infringement by textile company Unicolors. Los Angeles Intellectual Property partner Staci Riordon, vice-chair of the Litigation Department and Fashion Practice leader, is quoted in the Law360 article on defending the previous Ninth Circuit ruling, which held that the trial court had erred in its ruling, and found that instead of infringement, the textile company’s copyright was invalid and the plaintiff did not use the copyright process appropriately. The NP team representing H&M also includes Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of the Los Angeles office.
Bloomberg Law | June 01, 2021
The following article covers the U.S. Supreme Court’s decision to hear a case involving client H&M and allegations of fabric design copyright infringement by textile company Unicolors. Los Angeles Intellectual Property partner Staci Riordon, vice-chair of the Litigation Department and Fashion Practice leader, is quoted in the Law360 article on defending the previous Ninth Circuit ruling, which held that the trial court had erred in its ruling, and found that instead of infringement, the textile company’s copyright was invalid and the plaintiff did not use the copyright process appropriately. The NP team representing H&M also includes Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of the Los Angeles office.
Law360 | June 01, 2021
The following article covers the U.S. Supreme Court’s decision to hear a case involving client H&M and allegations of fabric design copyright infringement by textile company Unicolors. Los Angeles Intellectual Property partner Staci Riordon, vice-chair of the Litigation Department and Fashion Practice leader, is quoted in the Law360 article on defending the previous Ninth Circuit ruling, which held that the trial court had erred in its ruling, and found that instead of infringement, the textile company’s copyright was invalid and the plaintiff did not use the copyright process appropriately. The NP team representing H&M also includes Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of the Los Angeles office.
Law360 | May 29, 2021
This article, on a recent Ninth Circuit ruling that an arbitration agreement between a business and its employees does not affect a U.S. Department of Labor enforcement lawsuit, quotes Los Angeles Labor & Employment associate Mae Hau on the ruling and how it could potentially impact future employment arbitration agreements.
Law360 | May 27, 2021
In this Q&A feature, Chief Talent Officer Stacie Collier, of the Labor & Employment group, discusses priorities and goals in her new role, and how she views this new role as an evolution of work that she and the firm have been doing for a long time.
Engineering News-Record | May 04, 2021
This article, covering a recent Ninth Circuit ruling that California Assembly Bill 5 applies to the trucking industry in California, quotes San Francisco Labor & Employment associate Hillary Baca on the challenges it could create for commercial trucking companies.
Law360 | March 19, 2021
This article, focused on a case of whether a California regulation requiring growers to let union organizers on their property is unconstitutional, quotes San Francisco Labor & Employment partner Bonnie Glatzer on governmental policies and ways that the court could address the issue.
Massachusetts Lawyers Weekly | March 18, 2021
This article covers a recent Massachusetts Superior Court decision in favor of client Lowell General Hospital, finding that a prospective employee could not establish either a breach of contract claim or a promissory estoppel claim. Providence counsel Jessica Jewell and associate Aaron Nadich, both of the Labor & Employment group, are quoted in the article.
Law360 | March 12, 2021
This article covers the recent Ninth Circuit judgement that affirmed a summary judgement win for Hertz in a suit involving a fired payroll worker’s allegations of age bias and defamation against the car rental company. San Francisco Labor & Employment partner Seth Neulight is mentioned for advising Hertz.
Providence Business News | March 09, 2021
This article, covering the Rhode Island Manufacturers Association’s annual conference, mentions that NP will host a workshop entitled “Making It Through Changes in Employment, Labor and Workplace Health and Safety Law.“ Providence office managing partner Andrew Prescott and San Francisco partner Rachel Conn, both of the Labor &Employment group, will present the session.
WXXI-AM (NPR affiliate) | March 08, 2021
In this radio segment discussing a remote workforce in a post-pandemic world, Rochester Labor & Employment partner Kim Harding is quoted on tax and withholding rules, among other employment laws, that employers should be aware of as employees may want to work in other states.
Rochester Business Journal | March 05, 2021
Rochester Labor & Employment partner Stephanie Caffera is quoted in this article, as part of the publication’s “Litigation“ special report, for her outlook on the relationship between employment litigation and an economic downturn, areas that could pose challenges for employers, and possible federal OSHA guidance specifically for COVID-19.
Newsday | March 01, 2021
Long Island partner Tara Daub was included in this column of notable executive news on Long Island for her promotion to Labor & Employment Practice Group Leader.
Newsday | February 25, 2021
Long Island Labor & Employment counsel David Tauster is included in this column of notable Long Island executive news for his promotion to counsel.
Rhode Island Lawyers Weekly | February 16, 2021
This article covers the First Circuit Court of Appeals’ affirmation of an earlier decision that jeweler Tiffany & Co. had not violated the Family and Medical Leave Act in eliminating a former employee’s position. The article mentions Labor & Employment partner Stacie Collier and associate Aaron Nadich, both of Providence, for successfully representing Tiffany.
The Daily Journal | January 22, 2021
San Francisco associate Jade Butman and Los Angeles associate Andrea Chavez, both of the Labor & Employment group, contributed this article on the California law classifying workers as either independent contractors or employees, and the law’s impact on the gig economy.
Law360 | January 21, 2021
Rochester Corporate partner Brian Kopp, of the Employee Benefits & Executive Compensation team, is quoted in this article on legislation introduced Thursday that aims to solve the multibillion-dollar union pension funding crisis.
Law360 | January 15, 2021
In this analysis of the California Supreme Court’s opinion that Dynamex applies retroactively, San Francisco Labor & Employment associate Hillary Baca provides commentary on potential implications for pending worker-classification cases as well as those coming down the pipeline.
Rochester Business Journal | January 15, 2021
Rochester Labor & Employment counsel Todd Shinaman is quoted in this article on the Department of Labor’s recent rule clarifying the standard for employee vs. independent contractor. Todd is quoted on the best practice for businesses to take a holistic view of employee definitions by other government agencies, such as the IRS, and to take a wait-and-see approach with the incoming administration.
Bloomberg Law | January 11, 2021
In this article on key retirement proposals that benefits advisers are watching for the new Congress, San Francisco Corporate counsel Claire Rowland, of the Employee Benefits and Executive Compensation team, is quoted for her outlook on required minimum distributions relating to the excise tax, account holders with less than $100,000 saved, and raising the participation age to 75.
Law360 | December 18, 2020
This end-of-year review quotes Los Angeles Labor & Employment associate Irene Scholl-Tatevosyan on California’s A.B. 5, noting how court cases are beginning to define parameters of the statute and what it will mean on a practical basis.
Engineering News-Record | December 10, 2020
In this article on the workplace requirements for contractors and other employers in the construction industry, San Francisco Labor & Employment associate Rachel Conn is quoted for her outlook on Cal/OSHA’s definition of “exposed workplace” and the potential overlap of notifications requirements with AB 685.
Chicago Daily Law Bulletin | December 03, 2020
Chicago Labor & Employment counsel Frank Saibert contributed this article analyzing the National Labor Relations Board’s recent request for public input whether to limit the use of Scabby the Rat and banners against secondary employers.
WHAM 1180 (Rochester) | November 05, 2020
This radio segment features Rochester Labor & Employment partner Stephen Jones for his work with client Clerio Vision, which spun off from University of Rochester’s laser and vision science research, and how he’s helped grow the biotech startup by leveraging Rochester assets.
Chicago Daily Law Bulletin | October 20, 2020
Chicago Labor & Employment counsel Frank Saibert contributed this article analyzing a National Labor Relations Board ruling to overturn a decision preventing a trade association from removing posts on its Facebook group, noting that the trade association’s registry members are not actually employees.
HR Magzine | September 28, 2020
Chicago Complex Commercial Disputes partners Rich Tilghman and John Ruskusky, and associate Henry Caldwell contributed this article, based on their recent blog post, on the rise in putative class actions in Illinois by employees against entities that employ biometric technology.
Law360 | September 24, 2020
This article on notable pandemic-related wage and hour issues quotes San Francisco Labor & Employment associate Jade Butman on whether employers would be on the hook for the time that workers spend adhering to building safety protocols.
Rochester Business Journal | September 11, 2020
Labor & Employment partner Kim Harding and Complex Commercial Disputes associate Franz Wright, both in Rochester, contributed this column on the unprecedented need for collaboration between working parents and their employers as the school year commences during COVID-19.
Law360 | September 09, 2020
Labor & Employment deputy group leader and Chicago partner Brian Alcala contributed this article on the National Labor Relations Board’s recent guidance on COVID-19-related labor law violations against employers in these uncertain times.
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.
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.
Daily Journal | June 03, 2020
Labor and Employment partner Bonnie Glatzer and associates Hillary Baca and Jade Butman, all in San Francisco, contributed this article on potential coronavirus-related litigation matters that California employers should be aware of, and how employers can prepare for possible lawsuits.
Law360 | June 01, 2020
Rhode Island’s high court affirmed that NP client W.B. Mason did not violate employment laws in firing a supply driver who refused a drug test. The article mentions Providence office managing partner Andrew Prescott, of the Labor & Employment group, for representing the office supply company.
Reuters Legal | June 01, 2020
The following coverage highlights recent developments in a fabric design copyright infringement dispute in which the NP team secured a unanimous decision from the U.S. Court of Appeals for the Ninth Circuit, reversing the trial court’s decision for client H&M. The NP team that advised H&M was led by Intellectual Property partner, Litigation Department vice-chair, and Fashion practice leader Staci Riordan, Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of Los Angeles.
The Recorder | May 29, 2020
The following coverage highlights recent developments in a fabric design copyright infringement dispute in which the NP team secured a unanimous decision from the U.S. Court of Appeals for the Ninth Circuit, reversing the trial court’s decision for client H&M. The NP team that advised H&M was led by Intellectual Property partner, Litigation Department vice-chair, and Fashion practice leader Staci Riordan, Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of Los Angeles.
Bloomberg Law | May 29, 2020
The following coverage highlights recent developments in a fabric design copyright infringement dispute in which the NP team secured a unanimous decision from the U.S. Court of Appeals for the Ninth Circuit, reversing the trial court’s decision for client H&M. The NP team that advised H&M was led by Intellectual Property partner, Litigation Department vice-chair, and Fashion practice leader Staci Riordan, Intellectual Property counsel Aaron Brian and Labor & Employment senior counsel Dale Hudson, all of Los Angeles.
Law360 | April 29, 2020
Providence office managing partner Andrew Prescott, partner Neal McNamara, and associate Aaron Nadich, all of the Labor & Employment group, are mentioned for representing restaurant management platform provider Upserve in a breach of contract case against a former executive. The judge in the case this week granted Upserve’s motion for preliminary injunction and barred the former executive from working at his new employer, an Upserve competitor.
The Boston Globe | April 29, 2020
This article, which looks at the potential flood of litigation as the economy reopens, quotes Boston co-office managing partner and Complex Commercial Disputes partner Kathleen Ceglarski Burns on the possibility of shareholder lawsuits at publicly-traded companies, even if companies have listed the coronavirus as a risk factor in their annual reports.
Rhode Island Lawyers Weekly | April 23, 2020
This article mentions Providence Labor and Employment partner Stacie Collier for successfully defending jeweler Tiffany & Co. against a former employee’s disability discrimination and FMLA retaliation claims. The judge in the case granted Tiffany’s motion for summary judgment.
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.
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 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.
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.
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.
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.
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