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Labor & Employment Litigation

Related Practices

Rankings & Honors

  • 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


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

Media Clips

  • 5 employer lessons from NLRB's Chipotle decision
    Law360 | October 19, 2016
    Providence office managing partner and labor and employment partner Andrew B. Prescott, and labor and 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.
  • 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.
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  • 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 7, 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 2, 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.
  • GitHub Gender Bias Claims Show Startups Need HR Role Early
    Employment Law360 | March 19, 2014
    San Francisco Labor & Employment partner Seth Neulight provides commentary in a gender discrimination claim against San Francisco tech start-up GitHub.


Second Circuit takes a stance on cumulative liquidated damages for violations of federal and New York State wage and hour laws
Employment Law Alert | December 21, 2016

Webinar Recording: Special Briefing for Investment Advisors: Retirement Plan Fee Litigation
Originally recorded September 22, 2016 | September 22, 2016

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Webinar Recording: Special Briefing for Nonprofit Institutions: Retirement Plan Fee Litigation
Originally recorded September 14, 2016 | September 16, 2016

Webinar Recording: Higher Ed Retirement Plan Fee Litigation
Originally recorded August 25, 2016 | August 30, 2016

Massachusetts Senate passed a competing version of noncompete reform with its own twists
Employment Law Alert | July 18, 2016

Massachusetts Non-compete Reform Bill passed by House of Representatives
Employment Law Alert | July 1, 2016

Active New York State Division of Human Rights prohibits "associational" discrimination
Employment Law Alert | June 14, 2016

Carey v. United of Omaha: the Ninth Circuit finds that imprecise denial of benefits letter allows participant to sue without exhausting administrative appeals
Benefits Alert | April 21, 2016

The Supreme Court issues a narrow decision on the use of statistical evidence in a class action
Employment Law Alert | March 25, 2016

Gobeille v. Liberty Mutual: Supreme Court holds that ERISA preempts a state statute requiring ERISA-covered health plans to report benefit-payment and other data to a state agency
Benefits Alert | March 10, 2016

Venue-selection clauses live to fight another day
Benefits Law Alert | January 26, 2016

EEOC's claim of hostile work environment based on harassment by customer to proceed to trial
Employment Law Alert | January 12, 2016

First Circuit's decision in Marzuq illustrates heavy burden for franchisees seeking summary judgment on store managers' FLSA claims
Employment Law Alert | December 16, 2015

What you need to know about the recent FLSA decision on overtime compensation: Allen v. City of Chicago
Employment Law Alert | December 16, 2015

Webinar Recording: Three Critical Labor Law Challenges to Starting and Running a Business
Originally recorded on December 2, 2015 | December 7, 2015

Judged by the company you keep: Rhode Island says out-of-state franchisor can be held liable for misconduct at franchisee's business
Franchise & Employment Law Alert | September 28, 2015

Massachusetts Appeals Court Vitali decision emphasizes importance of user-friendly timekeeping systems and clear instructions to employees
Employment Law Alert | September 4, 2015

DOL says most workers are employees and issues new memo on alleged misclassification of independent contractors
Employment Law Alert | July 15, 2015

What's trending on NP Privacy Partner
NP Privacy Partner | July 2, 2015

New York's top court rejects choice-of-law provision, endorses "blue pencil" doctrine in non-compete case
Employment Law Alert | June 19, 2015

Supreme Court Grants Cert, to Further Weigh in on Class and Collective Actions
Employment Law Alert | June 10, 2015

Off the market: real estate salespersons in Massachusetts safe from independent contractor statute – but questions remain
Employment Law Alert | June 9, 2015

Ninth Circuit: California non-compete law may prohibit some no-rehire terms
Employment Law Alert | April 22, 2015

Court "hits the brakes" on lawyer's retaliation claims against his client's former employer
Employment Law Alert | April 17, 2015

NLRB protects vulgar workplace Facebook rant, reinstates fired employee
Employment Law Alert | April 6, 2015

Supreme Court revives pregnancy bias case, but splits the baby
Employment Law Alert | March 30, 2015

New York federal court blocks proposal to post legal notice on social media
Employment Law Alert | March 18, 2015

Associational Discrimination: Sometimes it is who you know
Employment Law Alert | March 13, 2015

Revenge Proves Its Own Executioner[1]: Employment retaliation claims on the rise
Employment Law Alert | February 18, 2015

Supreme Court rejects Yard-Man inference that collectively bargained retiree health benefits vest for life
Employment Law Alert | January 28, 2015

California says think twice before using temporary workers or others from staffing agencies and other labor contractors
Employment Law Alert | January 27, 2015

Supreme Court holds post-shift security screenings are not wage theft
Employment Law Alert | December 15, 2014

So close, yet so far — the bill amending the New York Wage Theft Prevention Act still not signed
Employment Law Alert | December 12, 2014

Lawyers as a protected class? Lawyer "spins" client's retaliation claim and files lawsuit to lift ban from cycling studio
Employment Law Alert | November 26, 2014

What's trending on NP Privacy Partner
NP Privacy Partner | November 7, 2014

National Labor Relations Board okays a "Facebook firing"
Employment Law Alert | November 6, 2014

NCAA playing defense again: student athlete sues for minimum wage
Employment Law Alert | October 31, 2014

Supreme Court to decide whether employees must explicitly request accommodations for their religious beliefs
Retail Alert | October 14, 2014

Webinar Recording: Tech Talk 101: are you fluent in the language of data security?
Originally recorded October 8, 2014 | October 14, 2014

Whose "likes" are they?
Social Media Law Alert | September 3, 2014

The NLRB sends a clear message to employers — think twice before striking back at employee social media comments
Social Media Law Alert | September 2, 2014

Stay out of it: Franchisors who leave personnel management and training to franchisees not liable for franchisees' actions
Employment Law Alert | September 2, 2014

Labor Day reflections on labor law and the labor movement
Employment Law Alert | August 29, 2014

Start-ups can never be too careful when protecting trade secrets
Employment Law Alert | August 20, 2014

NLRB's authorization of complaints against McDonald's could have far-reaching implications
Employment Law Alert | August 6, 2014

California Supreme Court allows undocumented workers to recover damages in discrimination cases
Employment Law Alert | July 21, 2014

EEOC issues new guidance on pregnancy discrimination: what employers need to know
Employment Law Alert | July 21, 2014

Retailers and other businesses breathe a sigh of relief: Court rules Target not required to have AEDs
Retail Alert | July 10, 2014

Relief in sight: bill eliminating annual wage notice requirement passed by New York legislature
Employment Law Alert | June 25, 2014

What will New York's Medical Marijuana Law mean for employers?
Employment Law Alert | June 23, 2014

Does the NLRB believe it's an "überagency?"
Employment Law Alert | June 23, 2014

Will large retailers (and others) be required to install and use emergency medical equipment?
Retail Alert | June 4, 2014

New York Court of Appeals eliminates requirement to allege specific law, rule or regulation violated by employer for whistleblower retaliation claims
Employment Law Alert | May 20, 2014

Wearables in the workplace: three traps for unsuspecting employers
Employment Law Alert | May 6, 2014

Ninth Circuit says PAGA claims are not class actions under CAFA
Class Action Alert | April 9, 2014

Most severance pay is subject to FICA tax withholding
Benefits Alert | April 9, 2014

The New York City Human Rights Law amended to protect unpaid, non-employee interns from discrimination and harassment
Employment Law Alert | April 2, 2014

New York appellate court finds that Florida's non-compete law is "truly obnoxious" to New York public policy and renders a choice of law provision unenforceable
Employment Law Alert | February 14, 2014

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Labor & Employment Litigation