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LABOR & EMPLOYMENT LITIGATION

The number of employment-related litigation filings has increased steadily due to the downturn in the economy and aggressive government enforcement. Class actions concerning discrimination and wage-hour violations have become commonplace. As a result, employers are facing greater financial exposures from both current and former employees than ever before. In this environment, companies need sophisticated counsel who can provide innovative strategies that are tailored to their business objectives.

Nixon Peabody’s Labor and Employment Litigation team is committed to helping its clients find practical, cost-effective solutions to their employment disputes. The members of the group—many of whom have decades of experience—have the experience to assess risk and evaluate settlement litigation options long before the case proceeds to trial. Whether facing single-plaintiff cases or class actions involving hundreds of claimants, for every case we field an experienced team made up of seasoned lawyers who have a reputation as skilled and tenacious advocates—a very effective tool in resolving the cases on terms in which our clients come out the “winner.”

Our Labor & Employment Litigation practice was recognized at the prestigious National Tier One Level in the 2011–2012 U.S. News/Best Lawyers “Best Law Firms” rankings. Our Labor & Employment practices were also recognized nationally and received metropolitan honors in Albany, Boston, Los Angeles, New York City, Rhode Island, Rochester, and San Francisco. A large contingent of the groups attorneys have received prestigious recognitions from peer review ranking such as Chambers, Superlawyers and Best Lawyers in Labor and Employment, and Pre-eminent designations from Martindale-Hubbell.

Experienced labor and employment trial lawyers

When a case should be tried, Nixon Peabody has the trial lawyers to do so. Our attorneys are some of the most talented, experienced, and successful trial lawyers. They know how to effectively manage case strategy and achieve the result our clients are seeking, whether it is a creative settlement solution or vigorous defense. The approach in trial is the same as in our pre-trial efforts: assess the risk, provide candid advice, plot a strategy to achieve the winning result our clients are seeking, and work efficiently to make that happen.

The team has litigated in every federal circuit, numerous state courts, before administrative agencies, and in the United States Supreme Court. The firm has labor and employment counselors and litigators throughout our offices.  Our national and international footprint gives us the resources and expertise to represent our clients successfully in multi-jurisdictional disputes (e.g., in noncompetition cases where knowledge of differing state laws may control the outcome of the case).

We have extensive experience representing employers in a wide array of employment cases, including federal and state class actions and multi-party litigation and class actions involving Title VII of the Civil Rights Act of 1964 (Title VII), the American with Disabilities Act (ADA), the Age Discrimination in Employment Act of 1967 (ADEA), the Fair Labor Standards Act (FLSA), Sarbanes-Oxley and Dodd-Frank Whistleblower claims, and other federal and state employment laws. We have also successfully tried all types of employment discrimination cases, including claims of sexual harassment; race, age, sex, pregnancy, and disability discrimination; and retaliation. In addition, we have tried numerous cases involving covenants not-to-compete and other restrictive covenants, protection of trade secrets against disloyal employees, employment-related tort claims, and breaches of employment contracts.

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 towards a winning solution.

Thought Leadership/Alerts

Are you GINA compliant? The EEOC focuses in on improper inquiries into family medical histories
Employment Law Alert | June 14, 2013

Court strikes down NLRB's Poster Rule
Employment Law Alert | May 8, 2013

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Supreme Court upholds plan terms that require reimbursement of participant's recovery from third party
Benefits Alert | April 30, 2013

Can a company director always obtain access to the advice of counsel that was provided to the company?
Commercial Litigation Alert | February 27, 2013

Proposed regulations broaden exemptions from and accommodations for offering group health contraceptive coverage
Benefits Alert | February 15, 2013

Mixed win for employers: California sets new standard in discrimination cases
Employment Law Alert | February 12, 2013

Federal Court of Appeals invalidates NLRB "recess" appointments
Employment Law Alert | January 30, 2013

NLRB finds online discussion between non-union employees "protected activity"
Employment Law Alert | January 3, 2013

Recent NLRB decision leaves employers in a precarious position between possible ULP or sexual harassment liability
Employment Law Alert | October 9, 2012

California employment legislation: What's new for 2013?
Employment Law Alert | October 5, 2012

California becomes third state to enact social media password law, joining Maryland and Illinois
Employment Law Alert | October 2, 2012

California Legislature adds new requirements for disability access litigants—and their lawyers
Employment Law Alert | September 25, 2012

California charter cities do not have to pay prevailing wages on local public projects involving local public funds
Employment Law Alert | July 10, 2012

California court: class arbitration waivers allowed after all
Employment Law Alert | June 20, 2012

Supreme Court holds that pharmaceutical reps meet the outside sales exemption to the FLSA
Employment Law Alert | June 18, 2012

California upholds personal attendant exemption when health-related tasks involved, as efforts to eliminate it continue
Employment Law Alert | May 29, 2012

NLRB approves first "micro" unit
Employment Law Alert | May 21, 2012

NLRB's "quickie" or "ambush" Election Rule invalidated . . . for now
Employment Law Alert | May 16, 2012

NLRB again finds protected concerted activity in Facebook posts, orders fired employees reinstated
Employment Law Alert | May 11, 2012

After Brinker and Dukes, court serves up class certification denial on meal and rest period claims but not on overtime
Employment Law Alert | May 11, 2012

Brinker sequel: no attorney's fees allowed on California meal and rest period claims
Employment Law Alert | May 7, 2012

Webinar Recording: Can employers catch a break and rest after Brinker?
Originally recorded April 17, 2012 | April 20, 2012

Classifying employees under the FLSA: the administrative exemption
A Matter of Time: Wage-Hour News You Can Use | April 18, 2012

NLRB and workers' groups continue attack on employer social media policies
Employment Law Alert | April 16, 2012

New York Federal Court sends Title VII suit against hospital by physician with staff privileges to trial, holding that staff privileges may create "employee" relationship
Employment Law Alert | April 12, 2012

California Supreme Court resolves key meal and rest period issues for California employers
Employment Law Alert | April 12, 2012

Novartis to pay $99 million to own sales reps to settle worker mispayment matter: don't let this happen to you
Pharmaceutical, Medical Device & Life Sciences Alert | March 22, 2012

Employer's social media profile and "friends" list can be trade secrets under Colorado law
Employment Law Alert | March 21, 2012

Dukes redux: plaintiffs seek certification of smaller class sizes in two states
Class Action Alert | November 4, 2011

Interns sue Black Swan producers for wages
Employment Law Alert | October 7, 2011

Ripe for Review: Employment Law Cases and Issues That May Draw the United States Supreme Court's Attention During the Upcoming Term
August 29, 2011

California holds that state overtime law applies to non-residents working in the state
Employment Law Alert | July 14, 2011

Proposed Cal/OSHA revisions on the horizon: what SB 829 could mean for employers
Employment Law Alert | July 13, 2011

France: the Cour de Cassation validates executive working time arrangements, subject to certain conditions
Global Employment Law Alert | July 8, 2011

Connecticut becomes the first state to require employer funded paid sick leave for “service workers”
Employment Law Alert | June 24, 2011

Defense goes up in smoke — discharge for medical marijuana use upheld in Washington State
Employment Law Alert | June 23, 2011

Supreme Court raises the bar for class certification in landmark sex discrimination decision
Class Action Alert | June 21, 2011

Inevitable disclosure doctrine is alive and well in Massachusetts
Employment Law Alert | June 20, 2011

Representative Weiner’s online conduct: a reminder to employers about the dangers of employee misuse of social media and company resources
Employment Law Alert | June 14, 2011

Supreme Court clears the way for employee arbitration agreements waiving class action rights
Employment Law Alert | April 28, 2011

New FLSA rules address tip pooling, fluctuating workweek, and other issues
Employment Law Alert | April 13, 2011

California lawsuits have employees standing up for their right to sit down
Employment Law Alert | April 7, 2011

New York Department of Labor releases Wage Theft Prevention Act guidance and forms
Employment Law Alert | April 4, 2011

New York Wage Theft Prevention Act effective April 9, 2011
Employment Law Alert | March 28, 2011

Supreme Court’s recent “cat’s paw” decision may burn the hands of employers
Employment Law Alert | March 11, 2011

Supreme Court declines opportunity to resolve Circuit split regarding FLSA exemptions
Employment Law Alert | March 1, 2011

The NLRB/Facebook case may have settled, but employer social media policies are still under attack
Employment Law Alert | February 24, 2011

California court weighs in on meal period rules
Employment Law Alert | February 24, 2011

California Court holds employers liable for up to two hours’ wages per day for meal and rest period violations
Employment Law Alert | February 23, 2011

U.S. Supreme Court announces broader employee protection under Title VII
Employment Law Alert | February 11, 2011

The NLRB broadens employee protection under federal labor law by recognizing a “preemptive strike” theory of retaliation
Employment Law Alert | February 7, 2011

Ninth Circuit decision makes it even more difficult for employers to recover attorney’s fees incurred defending against frivolous claims in multi-count suits
Employment Law Alert | January 25, 2011

Ninth Circuit holds that resignations in advance of, but in response to, announced plant closure are not “voluntary departures” under WARN Act
Employment Law Alert | January 25, 2011

California mandates paid leave for organ or bone marrow donation
Employment Law Alert | January 18, 2011

Circuit Court Holds Private Employers Permitted to Reject Applicants Based on Past Bankruptcy Filing; Bar on Termination and Other Discrimination For Existing Employees Remains
Employment Law Alert | January 10, 2011

New California meal period exemptions in effect
Employment Law Alert | January 7, 2011

Restaurant and hotel industry wage and hour alert
New York Department of Labor issues final Wage Order effective January 1, 2011, setting new pay and notice requirements

Employment Law Alert | December 20, 2010

New York makes several changes to Labor Law
Employment Law Alert | December 15, 2010

California resolves limitations periods on waiting time penalties claims
Employment Law Alert | December 9, 2010

Media frenzy over NLRB complaint against Connecticut employer for terminating employee who criticized employer on Facebook not warranted—yet
Employment Law Alert | November 16, 2010

Employers beware: revise employment agreements and severance agreements soon to avoid tax trap
Employment Law Alert | November 11, 2010

Complying with the Genetic Information Nondiscrimination Act –acquisition, storage, disclosure, and social media
Employment Law Alert | November 11, 2010

No reasonable expectation of privacy in content posted to social networking websites, regardless of individual privacy settings
Employment Law Alert | October 13, 2010

It’s a cold, cold world: tech companies agree to halt “no cold-call” agreements that Justice Department charges are illegal per se
Employment Law Alert | September 29, 2010

New York employers must provide funeral and bereavement leave to employees in same-sex relationships
Employment Law Alert | September 3, 2010

Massachusetts employers must immediately change how they handle employee documentation in light of the amended Massachusetts personnel records statute
Employment Law Alert | August 19, 2010

Massachusetts bans criminal history questions on job application forms: employers must take action or risk noncompliance
Employment Law Alert | August 12, 2010

Employers beware: Your outside sales representatives may be entitled to overtime pay
Employment Law Alert | July 14, 2010

‘Inevitable disclosure’ takes a hit in N.H.
July 8, 2010

FMLA protections extended to same-sex and other parents without a biological or legal relationship to a child
Employment Law Alert | June 24, 2010

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