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In The News

James D. Donathen Comments on Cheektowaga Workplace Lawsuit  More

James R. Grasso Comments on Potential Impact of Ban the Box Legislation  More

James R. Grasso Comments on Rules Evolving on Workplace Relationships  More

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Press Releases

Phillips Lytle LLP Earns “Top Listed” Ranking in New York State in Commercial Litigation and Product Liability Litigation – Defendants on The Best Lawyers in America® 2015 List  More

Nine Phillips Lytle Attorneys from the Firm’s Rochester Office Have Been Listed in The Best Lawyers in America® 2015; The Firm Was Also “Top Listed” in the Rochester Market for Banking and Finance Law  More

Fifty-One Phillips Lytle LLP Attorneys Named to the 2014 Upstate New York Super Lawyers® List  More

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Speaking Engagements

“Employer Update,” CPE Seminar, September 2013  More

“Ban the Box,” Phillips Lytle Webinar, June 2013  More

“Recent Developments in Labor and Employment Law,” Pennsylvania-New York Border Chapter for the Society for Human Resource Management, October 2011  More

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“U.S. District Court for the District of Columbia Vacates U.S. Department of Labor’s Regulations Affecting Home Care Workers,” Phillips Lytle Labor & Employment Client Alert, March 2015  More

“Labor & Employment: What you need to know about intermittent leave under FMLA” The Daily Record, March 2015   More

“New York State’s Annual Wage Notice Requirement is Eliminated Effective Immediately,” Phillips Lytle Labor & Employment Client Alert, January 2015  More

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Labor & Employment

In today’s market, employers face an ever-increasing number of laws and regulations governing their business and employee relations. For employers to effectively navigate the complex world of labor and employment law, they need the help of experienced attorneys who understand the intricacies of both the law and the workplace. From small businesses and not-for-profit organizations to FORTUNE 500 companies, our Labor & Employment attorneys work with our clients to provide practical advice and develop risk management strategies to achieve their business goals - and reduce the chance of litigation. Should litigation arise, we vigorously defend and advocate for our clients and our clients’ rights. What sets us apart is our commitment to understanding our clients’ businesses and providing them with the most effective legal advice to meet their objectives.

Our attorneys have been counseling employers since the firm’s founding more than 175 years ago. We continue our proud tradition by advising and representing today’s businesses on the full range of current labor and employment issues. Our attorneys know the labor and employment problems and issues employers face today and have real-world, hands-on experience helping solve them. We have been in the courtroom, at the negotiating table, the picket line and everywhere else our clients have needed us. We understand that every issue our clients face, no matter how small, is important and deserves our best effort. We are committed to providing our clients with prompt, practical and effective advice and representation whenever and wherever they need help.  

Our attorneys are experienced in labor relations law, employment law and litigation, federal and New York wage and hour law and litigation, OSHA, workplace torts, employee disloyalty, non-competition agreements, risk management and alternative dispute resolution, among other areas. We regularly handle matters in federal and state courts and before federal and state agencies that regulate the labor and employment area, including the EEOC, NLRB, New York State Division of Human Rights, OSHA, the U.S. and New York Departments of Labor and PERB.

We help employers with these and other workplace matters:

  • Advice and counseling
    • Workplace issues
    • Employee discipline
    • Employee leaves
    • Employee manuals and policies
    • Employee privacy
    • Independent contractors and contingent workers
    • Severance agreements
    • Substance abuse and drug testing
    • Wage and hour issues
  • Employment litigation
    • EEOC and state agency charges
    • Employee disloyalty
    • Employment contracts
    • Federal and state court employment discrimination litigation
    • Non-compete and restrictive covenants
    • Workplace torts
    • Wrongful discharge
  • Labor relations law
    • Collective bargaining
    • Grievance and arbitration proceedings
    • Strikes
    • Unfair labor practice charges/improper practice charges
    • Union avoidance
    • Union organizing
  • Workplace health and safety (OSHA)
    • Compliance
    • Investigation defense
    • Litigation
  • Alternative dispute resolution
    • Arbitration
    • Mediation
    • Negotiation
  • Training programs/risk management
    • Conducting investigations
    • Discipline and discharge
    • Drug testing
    • E-Discovery/electronic communications management/preservation
    • Interviewing and hiring
    • Leaves of absence
    • Reasonable accommodation
    • Sexual and other harassment
    • Workplace violence
  • Wage and hour compliance and litigation

We have successfully represented and defended our clients in every region of New York State in all types of labor relations, discrimination and employment matters, including claims under the National Labor Relations Act, Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the New York Human Rights Law, the Family and Medical Leave Act, the Fair Labor Standards Act and the New York Labor Law. We have obtained jury verdicts and had summary judgments granted dismissing all types of labor and employment claims. 

Our attorneys also litigate employment contract claims, employee non-compete agreements, wrongful discharge claims and employee disloyalty claims. In addition, we defend workplace torts, such as defamation, assault and battery, and infliction of emotional distress. 

We have successfully argued appeals for our clients before the Second Circuit Court of Appeals, all New York State Appellate Divisions and the New York State Court of Appeals. 

We send our clients regular updates via The Working Paper, a newsletter that covers labor and employment law, with a focus on new decisions and trends that may impact them. We also present seminars that cover the latest developments and areas of interest.

Linda T. Prestegaard

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