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

What's at stake as high court tackles union access case

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.

Hospital ‘offer letter’ found not to be binding contract

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.

Ninth Circuit won't jump-start Hertz age bias suit

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.

RIMA to host virtual manufacturing conference and expo April 13

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.

Morning edition

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.

Attorneys predict employment litigation cases will gain traction post-pandemic

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.

People on the move

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.

On the Move

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.

Employment – FMLA – Retaliation

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.

Proposition 22 and the Tenuous Path Forward to App-Based Companies

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.

Legislative Fixes for Union Pension Crisis Within Reach

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.

Retroactive Dynamex Exposes CA Employers to Wage Suits

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.

Questions Arise on Local Impact of DOL's Ruling on Standards for Employees, Independent Contractors

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.

Retirement Plan Payout Updates Ripe for Lawmaker Action in 2021

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.

Biggest Wage and Hour Rulings of 2020

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.

California Poised For Growth Despite Pandemic Impacts, Regulations

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.

Scabby the Rat's Days Could Be Numbered as NLRB Weighs in

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.

Clerio Vision Radio Segment

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.

NLRB OKs Trade Association's Facebook Group Post Deletions

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.

Illinois Workers’ Comp Law Doesn’t Pre-Empt Biometric Privacy Claim

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.

Pandemic Pay Issues for Wage and Hour Lawyers to Watch

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.

Best Practices in Dealing with Working Parents as School Year Commences

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.

What Employers Can Learn from New NLRB Virus Advice

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.

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.

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.

How employers can prepare for expected waves of coronavirus-related litigation

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.

Rhode Island High Court Upholds Medical Pot Patient's Firing

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.

IN BRIEF: Unicolors' copyright win against H&M unravels in 9th Circuit

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.

H&M Gets Another Shot at Challenging Validity of Pattern Copyright

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.

H&M Gets Fabric Design Copyright Infringement Verdict Overturned

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.

Ex-Upserve Exec Ordered to Stop Work at Payment Processor

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.

Employers face a ‘minefield’ of legal issues as they prepare to reopen

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.

Pretext not shown in FMLA retaliation claim vs. jeweler

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

  • 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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