Emotionally charged, highly visible and almost always economically significant, labor relations continue to redefine the employee-management relationship.
Despite declines in the union movement, the National Labor Relations Board (NLRB) continues to tilt in labor’s favor, expanding the definition of legally protected activity and making it easier to organize. Unions are trying new tactics to rebuild membership and power, including social media and PR smear campaigns. And they frequently scrutinize employer policies and try to use the NLRB and government agencies to access union-free workplaces.
Every industry has different workforce needs. Our experience across sectors allows us to anticipate and prepare you for potential labor issues. Whether you have a unionized or union-free workforce, we strategize with you to minimize the impact of labor relations issues such as:
We take a balanced approach—combining negotiation, conciliation and, when appropriate, aggressive representation. We have served as lead negotiators in collective bargaining opposite some of the largest and most aggressive labor unions in North America. Our job is to help our clients meet their business goals without compromising employee loyalty, enthusiasm or productivity.
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.
Bloomberg Law | May 12, 2022
This article discussing alternatives to OSHA enforcement and OSHA’s whistleblower provision quotes San Francisco Labor & Employment partner Rachel Conn, who mentions that employers need to be wary of workers who become aware of standards outside their normal duties that could turn up in a whistleblower complaint.
Law360 | May 11, 2022
This article features the arrival of Albany Labor & Employment counsel Vince Polsinelli and Chris Stevens to the firm, highlighting that Vince returns after previously working at NP for about 12 years. The article details a longstanding connection between their families as well as a look at their previous experience. Labor & Employment practice group leader Tara Daub, of Long Island, is also quoted in the story.
Rochester Business Journal | April 08, 2022
Rochester partner Stephanie Caffera and associates Conor Tallet and Jeniffer Taylor, all of the Labor & Employment group, contributed this article discussing new guidance from the Equal Employment Opportunity Commission for employers to address how their decisions and actions involving workers with caregiving responsibilities may violate laws protecting workers from discrimination.
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
WHEC-TV | November 04, 2021
This broadcast segment on OSHA’s emergency temporary standard, which was announced yesterday, features Rochester Labor & Employment partner Kim Harding on what the rule requires of large companies and their employees, whether religious or medical exemptions apply, and the timeline of the rule, among other insights.
Bloomberg | November 04, 2021
In this article discussing OSHA’s federal COVID vaccination and testing guidelines for large private employers, which were announced on Thursday, San Francisco Labor & Employment partner Rachel Conn is quoted on the potential burden and obstacles posed by weekly testing.
WHAM-TV | October 21, 2021
Rochester Labor & Employment partner Kim Harding analyzes new guidance from New York State’s Department of Labor regarding the implementation of the state’s law legalizing recreational marijuana use. Under the law, most employers are prohibited from testing employees for marijuana or discriminating on the basis of cannabis use.
Reuters | October 14, 2021
This article on the large-scale efforts of religious and advocacy groups to challenge COVID-19 vaccine mandates quotes Rochester Labor & Employment partner Kim Harding on the recent rapid increase in religious exemption requests, which have historically been rare.
Spectrum News | October 12, 2021
This article, focusing on a federal judge’s ruling upholding the religious exemption to New York State’s vaccine requirement for health care workers, quotes Rochester Labor & Employment partner Kim Harding on what is required of employees to qualify for the exemption and the process for employers to vet these accommodations.
Politico Pro | October 05, 2021
San Francisco Labor & Employment associate Hillary Baca, also a member of the firm’s Cannabis practice, is quoted in this article on how pressures of the recent labor shortage and changing attitudes toward cannabis have some employers reconsidering drug-testing policies. The article is based on a client alert Hillary co-authored with Rochester Labor & Employment partner Kim Harding.
The Boston Globe | October 05, 2021
This article on OSHA’s impending vaccine requirement for larger employers quotes Boston Labor & Employment partner Jeff Gilbreth on some of the key questions facing employers. He also notes that the long lead time could enable groups to prepare lawsuits challenging whether OSHA has the authority to issue a private employer mandate.
HR Specialist Employment Law | October 01, 2021
This industry newsletter includes the client alert “President Biden orders vaccination mandate for large employers,” co-authored by San Francisco partner Rachel Conn, Rochester partner Kim Harding, and Providence department attorney Shelagh Michaud, all of the Labor & Employment group. The Q&A covers OSHA’s emergency standards, the 100-employee threshold in Biden’s vaccination mandate, and how the rule affects state OSHA plans.
Bloomberg | September 30, 2021
This article, discussing President Biden’s directive to larger employers mandating vaccines or weekly testing, quotes San Francisco Labor & Employment partner Rachel Conn on the potential logistical heavy lift for employers in implementing weekly testing.
The Wall Street Journal | September 27, 2021
This article, covering the growing trend among hiring managers to favor candidates who indicate on their resumes that they are fully vaccinated, quotes San Francisco Labor & Employment partner Rachel Conn on the potentially discriminatory nature of employers pushing for this information.
The Daily Record | September 15, 2021
This article on President Biden’s recent vaccine mandate for employees of larger companies quotes Rochester Labor & Employment partner Kim Harding on legal questions and nuances employers have regarding the mandate’s implementation and her outlook on OSHA’s upcoming emergency temporary standard.
Spectrum News | September 14, 2021
This broadcast segment, on President Biden’s announcement requiring the COVID-19 vaccine for employees of larger companies, features insight from Rochester Labor & Employment partner Kim Harding, focusing on questions that remain for employers as they navigate the legal landscape and nuances of the mandate, as well as the testing option still available for vaccine-resistant employees. Rochester records clerk Jody Smith also appears in the segment.
Rochester Business Journal | September 10, 2021
Rochester Labor & Employment partner Kim Harding contributed this column which analyzes the legality of mandating COVID-19 vaccines for employees, including the different requirements governing exemption requests, and provides best practices on how employers can mitigate challenges when implementing this policy.
HR Dive | August 13, 2021
Rochester Labor & Employment partner Kim Harding co-wrote this contributed article highlighting three common pitfalls for employers as they comply with the patchwork of state and federal laws regulating the use of legal cannabis by their employees.
BBC World News | August 06, 2021
In the following podcast and broadcast segment, Los Angeles Labor & Employment associate Irene Scholl-Tatevosyan discusses the potential for regulators to take a stronger look at the gaming industry following the recent lawsuit filed by the Department of Fair Employment and Housing (DFEH) against Activision Blizzard. The discussion also touches upon efforts made in the gaming industry to increase diversity, unionization, and ways that publishers and other gaming companies can take a proactive response to address potential workplace culture issues.
Dot Esports | August 02, 2021
In the following podcast and broadcast segment, Los Angeles Labor & Employment associate Irene Scholl-Tatevosyan discusses the potential for regulators to take a stronger look at the gaming industry following the recent lawsuit filed by the Department of Fair Employment and Housing (DFEH) against Activision Blizzard. The discussion also touches upon efforts made in the gaming industry to increase diversity, unionization, and ways that publishers and other gaming companies can take a proactive response to address potential workplace culture issues.
Law360 | July 27, 2021
This article, covering the U.S. Centers for Disease Control and Prevention’s updated mask guidance following a surge in COVID-19 cases, quotes Boston Labor & Employment partner Jeff Gilbreth on the numerous factors employers will need to navigate as they consider their return-to-work plans.
WHEC-TV | July 24, 2021
In this broadcast segment on ‘The Crown Act’, a federal bill aiming to broaden the definition of discrimination by including hair texture and protected hair styles, Rochester Labor & Employment partner Kim Harding explains the impetus for the bill and its potential implications for employers nationwide.
Rhode Island Lawyers Weekly | July 23, 2021
Providence Labor & Employment counsel Jessica Schachter Jewell is quoted throughout this article on what employers can expect under Rhode Island’s new pay equity law, including the importance of looking across all protected classes, potential complicating factors related to the “ comparable work” concept, and wage history prohibition and transparency.
Democrat & Chronicle | July 14, 2021
This article on the pandemic’s disruption of the conventional workweek quotes Rochester Labor & Employment partner Stephanie Caffera for her thoughts on worker productivity, which continued while working from home, and how it’s opening up the conversation around restructuring the workplace.
Massachusetts Lawyers Weekly | June 17, 2021
This column of notable attorney news highlights the selection of Providence Labor & Employment partner Stacie Collier as NP’s first-ever Chief Talent Officer.
Rhode Island Lawyers Weekly | June 11, 2021
This column of notable attorney news highlights the selection of Providence Labor & Employment partner Stacie Collier as NP’s first-ever Chief Talent Officer.
Rochester Business Journal | June 11, 2021
Rochester Labor & Employment partner Stephanie Caffera and associate Conor Tallet contributed this article analyzing New York’s first of its kind law, the Health and Essential Rights Act, and the new burdens on employers to protect employees from COVID-19 and other airborne infectious diseases in the workplace.
Bloomberg Radio | June 07, 2021
Boston Labor & Employment partner Jeff Gilbreth joined the radio program to discuss recent workplace vaccine guidance from the Equal Employment Opportunity Commission (EEOC), including employers’ concerns, industries where some organizations have mandated vaccinations, and what could constitute “coercive” incentives from employers, among other related topics.
Law.com | May 27, 2021
Stacie’s selection as the firm’s first-ever chief talent officer was also featured in Law.com’s “Labor of Law” column.
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.
Fortune | May 26, 2021
Stacie’s selection as the firm’s first-ever chief talent officer was also featured in Fortune’s Broadsheet newsletter, “for and about the world’s most powerful women”.
Bloomberg Law | May 26, 2021
Providence Labor & Employment partner Stacie Collier is featured in this article for being appointed as the firm’s first-ever Chief Talent Officer.
Rochester Business Journal | May 07, 2021
Rochester Corporate partner Brian Kopp and associate Lena Gionnette contributed this article analyzing the new COBRA subsidy, as part of the American Rescue Plan Act of 2021, and the challenges it will pose to employers.
Rochester Business Journal | April 14, 2021
Rochester Labor & Employment associate Conor Tallet’s arrival to the firm was included in this roundup of notable executive news.
The Daily Record | April 12, 2021
Rochester Labor & Employment associate Conor Tallet’s arrival to the firm was included in this roundup of notable executive moves.
Spectrum News | March 31, 2021
This news segment on the legalization of marijuana in New York quotes Rochester Labor & Employment partner Kim Harding on how the enforcement of marijuana in the workplace will likely be similar to alcohol.
Chicago Daily Law Bulletin | March 30, 2021
Chicago Labor & Employment counsel Frank Saibert contributed this article discussing how the National Labor Relations Board’s reach extends beyond unionized workers and matters.
WROC-TV | March 29, 2021
The following television news segment on New York State’s pending marijuana legalization bill quotes Rochester Labor & Employment partner Kim Harding on how the enforcement of marijuana in the workplace will likely be similar to alcohol.
Rochester Business Journal | March 19, 2021
Rochester Labor & Employment partner Stephanie Caffera contributed this article highlighting employer considerations related to the Biden administration’s union organization changes. Stephanie developed the article with Providence senior counsel Andrew Prescott and Long Island associate Rose Nankervis, both of the Labor & Employment group.
Law360 | March 10, 2021
Labor & Employment deputy practice group leader and OSHA practice chair Ben Kim, of Los Angeles, and San Francisco Labor & Employment partner Rachel Conn provide commentary in this article analyzing the CDC’s new post-vaccination guidance, discussing implications for employers.
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.
WHEC-TV | March 02, 2021
In this broadcast segment on the loosening of some of New York State’s COVID-19 travel guidelines, Rochester Labor & Employment partner Kim Harding is quoted for her thoughts on state and federal guidelines that employers must follow to protect their workforce.
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.
The Recorder (California) | January 28, 2021
Los Angeles Project Finance & Public Finance partner-elect Jade Turner-Bond and San Francisco Labor & Employment partner-elect Rachel Conn were included in this roundup of notable legal moves for their promotions to partner.
The Deal | January 27, 2021
This article on Tegna’s expansion into the fast-growing podcast market through its acquisition of Locked On Podcast Network mentions Washington, D.C. partners John Partigan and Sean Clancy and Rochester partner Brian Kopp, all of the Corporate group, for representing Tegna. The deal team also included Rochester Labor & Employment counsel Todd Shinaman; and Washington, D.C. associate Pierce Han and Boston associate Bohao Zhou, both in the Corporate group.
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.
Providence Business News | January 22, 2021
This article covering Rhode Island’s push to double the number of daily COVID-19 tests in the state quotes Providence office managing partner Andrew Prescott, of the Labor & Employment group, on a R.I. statute that could potentially restrict employers from requiring tests as a condition of employment.
Rochester Business Journal | January 20, 2021
Rochester Labor & Employment partner Kim Harding contributed this article for her outlook on the Families First Coronavirus Response Act and what’s top-of-mind for employers in the year ahead.
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 Radio | December 16, 2020
Boston Labor & Employment partner Jeff Gilbreth joined Thursday’s “Baystate Business“ radio program to discuss whether employers can and should mandate that employees get a COVID-19 vaccine in order to return to the office.
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.
KNX-AM | December 10, 2020
San Francisco Labor & Employment associate Rachel Conn appears as a guest in this radio news segment to discuss the dilemma employers are facing and what they should consider—Cal/OSHA, California sick leave laws and other advisories—as they navigate how to provide a safe workplace for their employees during the holidays.
Spectrum News | December 09, 2020
In this television news segment on a bill introduced in the New York State Assembly to make the COVID-19 vaccine mandatory, Rochester Labor & Employment partner Kim Harding is quoted for her outlook on the bill’s enforcement mechanism.
The Wall Street Journal | December 07, 2020
In an article covering what employers can and cannot enforce when employees are outside of the workplace, San Francisco Labor & Employment associate Rachel Conn explains how off-duty conduct laws in some states and union contracts could prevent employers from taking action against employees.
Law360 | December 04, 2020
This article covering a recent Move the Needle Fund town hall highlights NP’s “Mansfield Rule for workflow allocation“ and quotes Professional Personnel Partner and Providence Labor & Employment partner Stacie Collier on how our firm is building a more inclusive culture by equalizing access to work opportunities for all lawyers.
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.
WHEC NBC-10 | November 02, 2020
In this broadcast segment on New York State’s new coronavirus regulations regarding interstate travel, which replaces the 14-day quarantine for travelers, Rochester Labor & Employment partner Kim Harding is quoted for her outlook on how the new regulations are more manageable for businesses.
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.
LinkedIn Workforce Insights | October 07, 2020
This article, covering how organizations can reduce burnout risks among employees, cites NP for “bucking the trend” by focusing on advancement and promotion even during these challenging times, and quotes Professional Personnel Partner and Providence Labor & Employment partner Stacie Collier on plans for the firm’s 2021 partner class.
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.
Law360 | September 16, 2020
This article, which examines last week’s Southern District of New York judgment striking down the U.S. Department of Labor’s joint employment rule, quotes San Francisco Labor & Employment associate Jade Butman on the complexities of multiple layers for employment law compliance with respect to the National Labor Relations Act, Equal Employment Opportunity Commission, and FLSA.
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 | August 12, 2020
This article on a recent decision by the National Labor Relations Board extensively quotes Rochester Labor & Employment partner Stephanie Caffera for her related outlook and the application of protected concerted activity on social media.
Chicago Daily Law Bulletin | July 16, 2020
Chicago Labor & Employment partner Frank Saibert contributed this article analyzing a recent National Labor Relations Board ruling to overturn a decision allowing newly recognized unions an opportunity to negotiate over certain disciplinary action taken against employees that occurred before the parties finalized their initial labor contract.
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.
Chicago Daily Law Bulletin | May 14, 2020
Chicago Labor and Employment partner Frank Saibert contributed this article analyzing a National Labor Relations Board decision which found that, under appropriate circumstances, employers can prohibit employees from discussing certain internal company investigations without violating the National Labor Relations Act.
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.
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.
Chicago Daily Law Bulletin | May 29, 2019
Chicago Labor and Employment partner Frank Saibert wrote this article analyzing a case before the National Labor Relations Board, which has taken a newly restrictive view on what constitutes “protected concerted activity” in the workplace.
Partner
Practice Group Leader, Labor & Employment
Phone: 516-832-7613
Partner
Phone: 213-629-6000
