Introduction
Stephanie Caffera provides strategic legal advice and counsel exclusively to management in a wide variety of industry sectors. She helps clients navigate the ever-changing tangle of employment-related laws and regulations. When disputes occur, Stephanie represents clients before federal courts and state and federal administrative agencies.
My focus
My clients range in size from Fortune 500 international corporations to small local businesses and include hospitals and healthcare providers, food and beverage, manufacturing, educational institutions, technology and life sciences companies, and nonprofit organizations. I counsel these employers and others on all aspects of labor and employment law, but my practice today has three main focuses:
Preventative Counseling and Training
My primary focus is prevention. I consider my role to be that of a business partner and teacher. I have over 20 years of experience in advising clients on lawful and effective employment practices in all types of employment issues, including workplace harassment/sexual harassment, managing leaves of absence and disability accommodation, substance abuse, mental health issues, retaliation, wage and hour compliance, and workplace violence. I am passionate about creating better workplace environments. I provide training and advice to senior leaders, managers, and human resources professionals to help them do their jobs better. Training topics include supervisory skills, harassment prevention, conducting workplace investigations, wage and hour compliance, performance management, and reasonable accommodation. I work as an extension of senior leadership and human resources to take a results-oriented approach to employee relations and legal compliance.
Union Avoidance and Labor Relations
Most employers that are union-free wish to remain that way. I work with these clients to develop and maintain union avoidance strategies and positive employee relations. If a union organizing campaign occurs, I represent clients before the National Labor Relations Board, help devise strategy, and educate managers on their role and responsibilities under the law. For clients with existing union representation, I partner with management in ongoing labor relations activities, including collective bargaining and grievance and arbitration.
Defense of Claims
Sometimes litigation is inevitable—even when the employer does everything right. When clients are faced with administrative claims or federal court litigation, I help them assess the issues and work with them to determine the best approach to achieve their desired result. Each client’s culture, approach, and risk tolerance is different. I recognize this and work with clients to craft the best possible solution.
Looking ahead
Transgender rights—and a possible conflict with religious belief—will be issues employers will need to be ready to address, along with increasing instances of mental health, substance abuse, and disability accommodations and related issues of safety and undue hardship.
In the news
- The Wall Street Journal Workplace Report
More employees are taking legal action against unfair labor practices
June 7, 2023Rochester Labor & Employment partner Stephanie Caffera is quoted in this article, which discusses an increase in unfair labor practice charges filed with the National Labor Relations Board. Stephanie explains how media coverage of high-profile cases is bringing more attention to the rights of employees under the National Labor Relations Act and is empowering more workers to take action. She also provides insight for employers on ways to mitigate future legal action.
- The Daily Record
Power 20 Labor & Employment Law 2023
April 27, 2023This article spotlights Rochester Labor & Employment partner Stephanie Caffera for being named to the publication’s Power 20 Labor & Employment Law list for 2023, recognizing outstanding Rochester-area attorneys helping both companies and employees navigate employment laws and regulations.
- Law360
The prospect of NLRB shift on employers anti-union speech
This article, co-authored by Labor & Employment partner Stephanie Caffera and associates Conor Tallet and Jeniffer Taylor, all of the Rochester office, covers National Labor Relations Board General Counsel Jennifer Abruzzo’s efforts to change the way employers communicate with their own employees, and discusses what’s next following a surge in labor activity nationwide.June 30, 2022 - The Daily Record
Power 20 Labor & Employment Law: Stephanie Caffera
This Q&A features Rochester Labor & Employment partner Stephanie Caffera, who was named to the publication’s list of 20 leading labor & employment attorneys in the region. The paper notes that the “people on this list help companies navigate countless employment challenges that can present difficulties even in the best of times.”April 28, 2022 - Rochester Business Journal
Is COVID-19 surcharge for unvaccinated workers looming?
This article, which covers the growing shift among employers to take more forceful measures when incentivizing workers to get vaccinated, extensively quotes Rochester Corporate partner Brian Kopp, of the Employee Benefits & Executive Compensation team, and Labor & Employment partner Stephanie Caffera on the prospect of charging unvaccinated employees to compensate for health care costs, and the rules employers must abide by if they decide to pursue this path.Sep 2, 2021 - Democrat & Chronicle
It's time for a four-day workweek, America
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.July 14, 2021 - Rochester Business Journal
Breaking down the HERO Act
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.June 11, 2021 - Rochester Business Journal
Business leaders: Get ready for new union-friendly labor policies
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.March 19, 2021 - Rochester Business Journal
Attorneys predict employment litigation cases will gain traction post-pandemic
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.March 5, 2021 - Rochester Business Journal
New York state mandates paid sick leave starting in 2021
Rochester Labor & Employment partner Stephanie Caffera contributed this column on a recently enacted New York law that requires employers across the state to provide paid sick leave to workers. The column was adapted from a prior NP alert written by Stephanie and Rochester Labor & Employment associate Michael Caputo.Aug 21, 2020 - Daily Record
New NLRB test makes employee discipline easier
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.Aug 12, 2020 - Rochester Business Journal
Major ruling protects sexual orientation, gender identity
Rochester Corporate partner Jeremy Wolk contributed this column on the U.S. Supreme Court’s recent determination—notably during Pride Month—that sexual orientation and gender identity are protected under federal law. The column was adapted from an NP alert by Rochester partner Stephanie Caffera, Providence office managing partner Andrew Prescott, Boston department attorney Aimee Bierman, and Long Island associate Christopher Moro, all of the Labor and Employment group.July 10, 2020 - Rochester Business Journal
Preventative discrimination training should be ongoing
Rochester labor and employment partner Stephanie Caffera and manager of diversity and inclusion Rekha Chiruvolu were quoted in this special report regarding why employers should provide preventative discrimination training in the workplace.Oct 20, 2017 - Rochester Business Journal
Less formal arbitration not always better than judiciary
June 9, 2017Rochester labor and employment partner Stephanie Caffera contributed this article on NLRA employee protections for vulgar tirade.
- Law360
When you can fire an employee for nasty workplace talk
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.May 17, 2017 - Law360
When You Cant Fire An Employee For A Nasty Facebook Post
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.May 9, 2017 - The Daily Record
The Daily Record names its 2017 Excellence in Law winners
Rochester labor and employment partner Stephanie Caffera was recognized by the 2017 Excellence in Law awards as a “Top Woman in Law.”April 13, 2017 - Nature
When Jobs Go Wrong
Rochester Labor & Employment partner Stephanie Caffera is featured in this piece discussing having to dismiss lab members and how to go about doing so properly.March 24, 2016 - National Law Journal
Labor Board Shields Online Rants
Rochester Labor & Employment partner Stephanie Caffera is quoted in this article discussing a National Labor Relations Board decision regarding an employee’s expletive-filled rant on Facebook against this employer.April 20, 2015 - Law360
Bad Mouths and Loose Lips Have Lots of Leeway at NLRB
Rochester Labor & Employment partner Stephanie Caffera authored this column discussing how the National Labor Relations Board is dealing with situations involving foul language by employees directed toward/about their employers.April 15, 2015 - Democrat and Chronicle
Don't Get Tripped Up by Big OT Changes
Rochester Labor & Employment partner Stephanie Caffera authored this column discussing how anticipated changes to the Fair Labor Standards Act will impact employers.Oct 29, 2014 - Buffalo Law Journal
Potential Impact of "Ban the Box"
Rochester Labor & Employment partner Stephanie Caffera discusses the “ban the box” ordinance, which removes the criminal conviction checkbox from job applications and prohibits employers from asking about convictions prior to an initial interview.April 21, 2014
Admitted to practice
New York
U.S. District Court, Northern District of New York
U.S. District Court, Western District of New York
Education
Syracuse University College of Law, J.D., magna cum laude
Cornell University, B.A., magna cum laude
Professional activities
- President’s Council of Cornell Women
- Worldwide advisory group to the president of Cornell University, whose mission is to promote and sustain the involvement of women at Cornell
- New York State Bar Association (Labor and Employment Law Section)
- Monroe County Bar Association
- Honorary Board of Geva Theatre Center
- Board of Directors of the Women's Council of the Rochester Business Alliance (past member)
Recognition
- Selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2025 in the fields of Employment Law—Management and Labor Law—Management
- 2016 Rochester “Lawyer of the Year” in Labor Law—Management
- Listed in Best Lawyers each year since 2009
- 2020 ATHENA International Award finalist
- The ATHENA International Award honors professional female leaders who demonstrate significant achievements in business, community service, and the professional advancement of women.
- Selected to the Upstate New York Super Lawyers list in 2008 and 2012–2019.
Insights And Happenings
View AllProfessionals in the Practice Area
View AllJeffrey B. Gilbreth
Partner / Practice Group Leader, Labor & Employment- Boston
- Office:+1 617.345.1371
- jgilbreth@nixonpeabody.com
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Stacie B. Collier
Partner / Chief Talent Officer- Providence
- Office:+1 401.454.1018
- sbcollier@nixonpeabody.com
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Eric Paley
Partner / Team Leader, Employee Benefits & Executive Compensation- Rochester
- Office:+1 585.263.1012
- epaley@nixonpeabody.com
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