Philip B. Rosen is a Shareholder in the New York City office of Jackson Lewis P.C. and a member of the Firm's Management Committee. Mr. Rosen also leads the firm's Labor Practice 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.
Mr. Rosen recently co-authored “Preparing For Labor Board's Quickie Election Rule” (January 2015); “Update: Michigan Excludes Student-Athletes From Unions” (January 2015); “What to Watch For At National Labor Relations Board In 2015” (December 2014); “NLRB Issues Final “Quickie” Election Rule - National Labor Relations Board” (December 2014); “Labor Board Adopts Presumption That Employees Can Use Employer's Email System to Engage In Protected Activity” (December 2014); “NLRB Announces New Standard For Exercising Jurisdiction Over Religiously Affiliated Colleges And Universities” (December 2014); “Franchisor-Franchisee Relationship Focus of NLRB General Counsel” (December 2014), published by The National Law Review. Additionally, Mr. Rosen authored “Top Ten Steps For Employers To Stay Out Of NLRB Litigation” for the Association of Corporate Counsel, and co-authored “Labour, Employment And Benefits Issues In Corporate Acquisitions,” published by Financier Worldwide, and “U.S. Employment and Labour Law,” published by Global Legal Insights, all in 2012. In addition, a number of articles co-authored by Mr. Rosen have been published on martindale.com, including “Fight For Fifteen: Your Non-Union Employees Have Walked Out. Now What?” (September 2014); “Firings For Facebook Comments Unlawful, NLRB Rules” (September 2014); “Recess Appointments at NLRB Unconstitutional, Federal Appeals Court Rules” (January 2013); “Union Neutrality Agreements to be Scrutinized If Certiorari Granted in Florida Case” (January 2013); “Mere Request That Employee Not Discuss Employer's Ongoing Investigation Violates Labor Law, NLRB Holds” (August 2012); “Third Guidance on Social Media Policy Issues from NLRB Acting General Counsel Includes Sample Policy” (May 2012); “New NLRB Election Rule under Fire in Congress and Courts” (April 2012); “Implementation of NLRB Workers' Rights Posting Rule Delayed by Federal Appeals Court” (April 2012); “NLRB Appointments Spur More Controversy as New Year Begins” (January 2012); and “Quickie Election Resolution Adopted, Be Prepared” (December 2011). Mr. Rosen previously co-authored “Constitutional Viability of the Employee Free Choice Act's Interest Arbitration Provision, for the Hofstra Labor & Employment Law Journal in 2009; “Employers Guide to Union Organizing Campaigns,” published by Aspen Publishers in 2007; “Labor Relations Considerations For The New High Technology Company,” for the Santa Clara Computer and High Technology Law Journal, published in 1986; “Substance Abuse - A Crisis In The Workplace,” published in the July, 1987 issue of Trial Magazine; “Legal Implications Of Substance Abuse Testing In The Workplace,” published by the Notre Dame Law Review, Volume 62, No. 5 (1987); “Is Your Early Retirement Package Courting Disaster?,” published by Personnel Journal in its August, 1988 issue; “Playing By Fair Rules,” published by HR Magazine in its April, 1991 issue; “Responding to Union Organizing Campaigns,” published in 1984 as part of Matthew Bender's Business Law Monograph series; “Don't Get Nailed,” published in the January, 1997 ProEmp Journal; “Taking On A Unionized Company: You Can Do It,” published in the May, 1998 ProEmp Journal; “Managing Expatriate Employees: Employment Law Issues and Answers,” published in the Winter 2000 Journal of Employment Discrimination Law; “Managing a Non-profit Effectively Under The Equal Employment Opportunity Laws,” published in Non-Profit Governance: The Executive's Guide, Second Edition (2002); “DOL Final Regulations On “White Collar” Exemptions: What Employers Need To Know,” published in the June 2004 issue of Inside HR/NY; and “Reflections Post-Labor Day 2005: Looking Back and Moving Forward,” published in the Third Quarter 2005 issue of Jackson Lewis' Preventive Strategies Special Report.
Mr. Rosen received his B.A., cum laude, in 1976 from The University of Rochester and was awarded the degree of Juris Doctor from New York University School of Law in 1979. He received the American Jurisprudence Award for Labor Law in 1978. Mr. Rosen is a member of the Bars of the State of New York and the District of Columbia.
Honors, Awards and Pro Bono Activity
•Selected for inclusion in 2010 New York Super Lawyers - Metro Edition
•Rated AV Preeminent by Martindale Hubbell
Employer's Guide to Union Organizing Campaigns
Aspen Publishers, 2007 [Co-Author]
Responding to Union Organizing Campaigns
Matthew Bender's Business Law Monograph, 1984. [Co-Author]
Constitutional Viability of the Employee Free Choice Act's Interest Arbitration Provision
Hofstra Labor & Employment Law Journal (March 2009) [Co-Author]
Managing a Non-Profit Effectively Under the Equal Emloyment Opportunity Laws
Non-Profit Governance: The Executive Guide, Second Edition (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 Diseaster?
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 62.5 (1987) [Co-Author]
Labor Relations Considerations for the New HighTechnology Company
Santa Clara Computer and High Technology Law Journal (1986) [Co-Author]