Philip B. Rosen: Lawyer with Jackson Lewis P.C.

Philip B. Rosen

Shareholder
New York,  NY  U.S.A.
Phone212-545-4001

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 5.0/5.0
AV® Preeminent

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Practice Areas

  • Collegiate and Professional Sports
  • Labor and Preventive Practices
  • Automotive
  • Education
  • Energy and Utilities
  • Financial Services
  • Food Processing and Manufacturing
  • Gaming and Hospitality
  • Health Care
  • Pharmaceuticals
  • Professional Services
  • Real Estate
  • Retail
  • Technology and Telecom
 
University University of Rochester, B.A., cum laude, 1976
 
Law SchoolNew York University School of Law, J.D., 1979 American Jurisprudence Award In Labor Law
 
Admitted1980, New York, U.S. District Court, Eastern and Southern Districts of New York and U.S. Court of Appeals, Third Circuit; 1985, U.S. District Court, Eastern District of Michigan; 2002, District of Columbia and U.S. District Court for the District of Columbia
 
Memberships 

Professional Associations and Activities

•American Bar Association

 
Born1954
 
Biography

Philip B. Rosen is a Shareholder in the New York City, New York, office of Jackson Lewis P.C. He is a member of the firms Board of Directors and leads the firms Labor and Preventive Practices Group. He joined the firm in 1979 and served as Managing Partner of the New York City office from 1989 to 2009.

Mr. Rosen lectures extensively, conducts management training, and advises clients with respect to legislative and regulatory initiatives, corporate strategies, business ethics, social media, reorganizations and reductions-in-force, purchase/sale transactions, sexual harassment and other workplace conduct rules, compliance with the Americans With Disabilities Act, wrongful discharge and other workplace litigation, corporate campaigns and union organizing matters, collective bargaining, arbitration and National Labor Relations Board proceedings. He has been quoted by the press on many labor matters, including the National Labor Relations Board's recent initiatives on protected concerted activity and the proposed Notice Posting requirements.

Mr. Rosen has extensive experience advising clients developing integrated corporate-wide labor relations strategies - whether the organization is union-free, partially unionized or entirely unionized. He has led teams conducting multi-facility labor-related legal assessments where clients are seeking to develop creative, strategic legal approaches which anticipate major issues and achieve a company's labor relations goals. Mr. Rosen also has advised clients being confronted with corporate campaigns and requests for neutrality agreements. He has represented organizations seeking to maximize management rights through their development of pro-active employee relations approaches to remain union-free. He also has advised unionized organizations on lawful negotiating strategies - in situations ranging from “hard bargaining” to recapture management rights to more “cooperative” negotiations - in all cases, providing legal advice designed to assist clients in achieving their primary goals.

Honors and Recognitions

Philip B. Rosen

Published Works

•“Preparing For Labor Board's Quickie Election Rule,” The National Law Review (January 2015) [Co-Author]
•“Update: Michigan Excludes Student-Athletes From Unions,” The National Law Review (January 2015) [Co-Author]
•“Fight For Fifteen: Your Non-Union Employees Have Walked Out. Now What?,” martindale.com (September 2014) [Co-Author]
•“Firings For Facebook Comments Unlawful, NLRB Rules,” martindale.com (September 2014) [Co-Author]
•“What to Watch For At National Labor Relations Board In 2015,” The National Law Review (December 2014) [Co-Author]
•“NLRB Issues Final “Quickie” Election Rule - National Labor Relations Board,” The National Law Review (December 2014) [Co-Author]
•“Labor Board Adopts Presumption That Employees Can Use Employer's Email System to Engage In Protected Activity,” The National Law Review (December 2014) [Co-Author]
•“NLRB Announces New Standard For Exercising Jurisdiction Over Religiously Affiliated Colleges And Universities,” The National Law Review (December 2014) [Co-Author]
•“Franchisor-Franchisee Relationship Focus of NLRB General Counsel,” The National Law Review (December 2014) [Co-Author]
•“Recess Appointments at NLRB Unconstitutional, Federal Appeals Court Rules,” martindale.com (January 2013) [Co-Author]
•“Union Neutrality Agreements to be Scrutinized If Certiorari Granted in Florida Case,” martindale.com (January 2013) [Co-Author]
•“Top Ten Steps For Employers To Stay Out Of NLRB Litigation,” The Association of Corporate Counsel (2012) [Author]
•“Labour, Employment And Benefits Issues In Corporate Acquisitions,” Financier Worldwide (2012) [Co-Author]
•“U.S. Employment and Labour Law,” Global Legal Insights (2012) [Author]
•“Mere Request That Employee Not Discuss Employer's Ongoing Investigation Violates Labor Law, NLRB Holds,” martindale.com (August 2012) [Co-Author]
•“Third Guidance on Social Media Policy Issues from NLRB Acting General Counsel Includes Sample Policy,” martindale.com (May 2012) [Co-Author]
•“New NLRB Election Rule under Fire in Congress and Courts,” martindale.com (April 2012) [Co-Author]
•“Implementation of NLRB Workers' Rights Posting Rule Delayed by Federal Appeals Court,” martindale.com (April 2012) [Co-Author]
•“NLRB Appointments Spur More Controversy as New Year Begins,” martindale.com (January 2012) [Co-Author]
•“Quickie Election Resolution Adopted, Be Prepared,” martindale.com (December 2011) [Co-Author]
•“Constitutional Viability of the Employee Free Choice Acts Interest Arbitration Provision, Hofstra Labor & Employment Law Journal (2009) [Co-Author]
Employers Guide to Union Organizing Campaigns, (Aspen Publishers, 2007) [Co-Author]
•“Reflections Post-Labor Day 2005: Looking Back and Moving Forward,” Jackson Lewis' Preventive Strategies Special Report Third Quarter 2005 [Co-Author]
•“DOL Final Regulations On “White Collar” Exemptions: What Employers Need To Know,” Inside HR/NY (June 2004) [Co-Author]
•“Managing a Non-profit Effectively Under The Equal Employment Opportunity Laws,” Second Edition, Non-Profit Governance: The Executive's Guide (2002) [Co-Author]
•“Managing Expatriate Employees: Employment Law Issues and Answers,” Journal of Employment Discrimination Law (Winter 2000) [Co-Author]
•“Taking On A Unionized Company: You Can Do It,” ProEmp Journal (May, 1998) [Co-Author]
•“Don't Get Nailed,” ProEmp Journal (January, 1997) [Co-Author]
•“Playing By Fair Rules,” HR Magazine (April, 1991) [Co-Author]
•“Is Your Early Retirement Package Courting Disaster?,” Personnel Journal (August, 1988) [Co-Author]
•“Substance Abuse - A Crisis In The Workplace,” Trial Magazine (July, 1987) [Co-Author]
•“Legal Implications Of Substance Abuse Testing In The Workplace,” Notre Dame Law Review, Volume 62, No. 5 (1987) [Co-Author]
•“Labor Relations Considerations For The New High Technology Company,” Santa Clara Computer and High Technology Law Journal (1986) [Co-Author]
• Responding to Union Organizing Campaigns, Matthew Benders Business Law Monograph series, 1984 [Co-Author]

Publications

July 30, 2015

NLRB Doubles Down In Curbing Secrecy of Employer Investigations

July 30, 2015

In a case with potentially far-reaching implications, the National Labor Relations Board has issued a decision invalidating a confidentiality policy similar to that applied by many employers during workplace investigations. Banner Health System d/b/a Banner Estrella Medical Center, 362 NLRB No. 137 (June 26, 2015). The...

July 27, 2015

In Shift, Labor Board Requires Employers to Disclose Witness Statements

July 27, 2015

Overturning a 37-year-old precedent, the National Labor Relations Board has decided that witness statements obtained by an employer during an investigation of employee misconduct and requested by a union representative no longer will enjoy special protection from disclosure. American Baptist Homes of the West d/b/a Piedmont Gardens...

July 13, 2015

New Texas Law Says Franchisors Generally Not Employers of Franchisees' Workers

July 13, 2015

The Texas Labor Code has been amended to provide that a franchisor is not considered an employer for claims related to employment discrimination, wage payment, the Texas Minimum Wage Act, and the Texas Workers' Compensation Act, among other laws. According to S.B. 652, this is so unless the franchisor has been found by a state...

Blog Posts

Labor & Collective Bargaining
Signs of the Times: NLRB General Counsel on Employers' No-Solicitation Signs
December 13, 2012

Can a sign saying simply, “No Solicitation,” posted on a store window, be found lawful although on its face it could be viewed as unduly restricting employees' protected union activity?

By Philip B. Rosen

Labor & Collective Bargaining
Michigan Adopts Right-to-Work Law
December 12, 2012

Despite angry protests at the state capitol, Michigan's Governor Rick Snyder signed a right-to-work statute into law on December 11.

By Philip B. Rosen

Labor & Collective Bargaining
What the Obama Re-Election Means for Employers
November 7, 2012

With his re-election, President Obama and the federal agencies responsible for enforcing the nation's workplace laws likely will continue to pursue a number of pro-employee initiatives. Read Workplace Law Implications of 2012 Presidential Election to see what may be in store. During President Obama's first term, th

By Philip B. Rosen

In the News

June 9, 2015 Jackson Lewis

Jackson Lewis Recommended in The Legal 500 United States 2015

June 9, 2015

WHITE PLAINS, NY (June 9, 2015) Jackson Lewis P.C., one of the country's largest and fastest-growing workplace law firms, is pleased to announce the firm and its attorneys have been recommended in The Legal 500 United States 2015 in the following practice areas falling under the Labor and Employment designation:...

June 3, 2015 Employment Law 360

Philip Rosen Comments on 'Ambush Election' Rule

June 3, 2015

Philip Rosen is quoted in Employment Law 360's NLRB Win on 'Ambush Election Rule' Sets Up Future Fight. Subscription may be required to view article.

May 5, 2015 SHRM

Howard Bloom and Philip Rosen Comment on the NLRB's Interest in Overturning Existing Union Processing Fees Law

May 5, 2015

Howard Bloom and Phil Rosen comment on the NLRB's interest in overturning existing union processing fees law in SHRM's NLRB May Legitimize Union Fees in Right-to-Work States. View Article (subscription may be required)

 
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Documents by this lawyer on Martindale.com

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NLRB Declines to Exercise Jurisdiction Over Student-Athletes’ Attempt to Unionize - For Now
Howard M. Bloom,Gregg E. Clifton,Patrick L. Egan,Philip B. Rosen, August 18, 2015
Concluding that its assertion of jurisdiction “would not serve to promote stability in labor relations,” the National Labor Relations Board has declined to exercise authority over the College Athletes Players Association’s (CAPA’s) petition to represent scholarship football...

NLRB Doubles Down In Curbing Secrecy of Employer Investigations
Howard M. Bloom,Roger S. Kaplan,Robert L. Murphy,Philip B. Rosen, August 7, 2015
In a case with potentially far-reaching implications, the National Labor Relations Board has issued a decision invalidating a confidentiality policy similar to that applied by many employers during workplace investigations. Banner Health System d/b/a Banner Estrella Medical Center, 362 NLRB No. 137...

In Shift, Labor Board Requires Employers to Witness Statements
Howard M. Bloom,Chad P. Richter,Philip B. Rosen, August 3, 2015
Overturning a 37-year-old precedent, the National Labor Relations Board has decided that witness statements obtained by an employer during an investigation of employee misconduct and requested by a union representative no longer will enjoy special protection from disclosure. American Baptist Homes...



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Office Information

Philip B. Rosen

666 Third Avenue
New YorkNY 10017




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