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

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.

Should Workers Get Overtime for Answering Emails After Hours?

Chicago Tribune | July 17, 2015

Chicago Commercial Litigation associate Laura Bacon provides third-party commentary on increasing litigation risks and greater need for employers to establish clear policies surrounding work-related communication by employees.

NLRB must address conflicting laws in failure to bargain case

Reuters Legal | July 07, 2015

This coverage notes the DC Circuit’s unanimous decision that the National Labor Relations Board failed to do its job of reconciling conflicting labor laws and must revisit a matter involving Children’s Hospital and Research Center of Oakland. Labor & Employment associate Matt Frankel is noted as the hospital’s counsel.

Calif. Justices to Weigh Break Issue Left Open by Brinker

Law360 | June 02, 2015

Los Angeles Labor & Employment counsel Dale Hudson is quoted in this article discussing the California Supreme Court’s decision to hear a class action brought a group of security guards who claim they were illegally forced to be on call during breaks and how this case gives the court a chance to clarify whether rest periods must be free from all work.

Seventh Circuit Approves Trial, Sending Message on Retaliation Allegations

Chicago Daily Law Bulletin | February 12, 2015

Chicago Madison Labor & Employment partner Frank Saibert authored this column discussing a U.S. Circuit Court of Appeals ruling in an employee retaliation trial.

  • 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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