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In The News

James R. Grasso and James D. Donathen Comment on NYS Paid Family Leave at Business First Power Breakfast   More

Phillips Lytle Attorney Alissa Fortuna-Valentine Organizes CLE for Young Lawyers  More

Jim Grasso Comments on Joint Employment Issues  More

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Press Releases

Phillips Lytle LLP to Host Labor & Employment Law Workshop: “New York State Paid Family Leave Benefits Law – Are You Ready?” at One Canalside Office in Downtown Buffalo  More

Phillips Lytle Among Highest Ranked Law Firms in Buffalo with Seven Top Listed Practice Areas in The Best Lawyers In America© 2018  More

Sixty Eight Phillips Lytle LLP Attorneys Named to the 2017 Upstate New York Super Lawyers® List  More

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Speaking Engagements

“New York State Paid Family Leave Benefits Law - Are You Ready?” Phillips Lytle Labor & Employment Law Workshop, October 2017  More

“Labor and Employment Law Under President Trump,” “Breakfast with a Legal Twist,” Buffalo Niagara Human Resource Association, July 2017  More

“New York State Paid Family Leave,” “Breakfast with a Legal Twist,” Buffalo Niagara Human Resource Association, July 2017  More

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“New York’s Paid Family Leave Benefits Law: An Employer’s Guide,” Phillips Lytle Labor & Employment Client Alert, September 2017  More

“New Form I-9: The ‘Smart’ Practice,” Phillips Lytle Labor & Employment Client Alert, January 2017  More

“New York State Increases to ‘White Collar’ Exempt Salary Levels and Minimum Wage Take Effect on December 31, 2016,” Phillips Lytle Labor & Employment Client Alert, December 2016  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 180 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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