Labor & Employment

Areas of Concentration

Employment discrimination litigation.
Union contract negotiations & administration.
Employee relations consultation.
Labor/management relations.
Federal & state compliance including wage & hour law and OSHA
Non-compete litigation.

Seasoned AP&S attorneys provide our clients—both public and private-sector employers, both unionized and union-free—with savvy and knowledgeable day-to-day employment counseling, helping them comply with complex laws and avoid litigation by dealing with employees effectively, fairly and legally.

But we’re also deft at efficiently handling collective bargaining and National Labor Relations Board matters; defending against unfair labor practice and other charges under FLSA, Title VII, ADA, FMLA, OSHA and other laws; representing employers before government agencies and tribunals; and dealing with virtually every aspect of employment relationships.

Proactive, professional, personable and responsive, we work hand-in-hand with employers to anticipate and short-circuit problems before they mount, drafting smart policies and useful employee handbooks, counseling employers on various federal and state statutes, conducting management and employee training, assisting in force reductions and plant closings, and negotiating and drafting employment agreements.

Representative Matters

Richardson v. Whitmarsh Corporation, 2009 WL 5178075 (D.R.I. December 29, 2009)
Southern Union Company v. Patrick Lynch, 321 F.Supp.2d 328 (D.R.I. 2004),

in which the court ruled on issues involving the Eleventh Amendment, Pullman abstention, Younger abstention, the National Gas Pipeline Act, and issues of license requirement preemptions for natural gas providers.

Johanna L. Stringer v. United Builders Supply Co, Inc. RICHR No. 03 ESE 102-50/38, EEOC No. 16JA300040

In this case, a former employee filed a Charge of Discrimination alleging that she was unlawfully terminated because she was pregnant. AP&S successfully obtained a ruling from the Rhode Island Commission for Human Rights dismissing the case with a determination of no probable cause.

Barbara Badway v. LighthouseMD, Inc. RICHR No. 04 EPD 260-29/06, EEOC 16JA400156

In this case, a former employee filed a Charge of Discrimination alleging that she was discriminated against and unlawfully terminated because of her alleged disability (severe asthma). AP&S successfully obtained a ruling from the Rhode Island Commission for Human Rights dismissing the case with a determination of no probable cause.

Phillip Williams v. Cox Communication Rhode Island, Inc., RICHR No. 01

ERA270-06/40, EEOC No. 16JA10149, in which a former field technician filed a Charge of Discrimination against Cox alleging that he had been unlawfully terminated on the basis of his race (African-American). AP&S successfully obtained a ruling from the Rhode Island Commission for Human Rights dismissing the case with a determination of no probable cause.

Scott Albanesa v. Crossman Engineering RICHR No. 04 EMD 130-40/07

In this case, a former employee filed a Charge of Discrimination alleging that he was unlawfully terminated because of his alleged disabilities (anxiety, depression). AP&S successfully obtained a ruling from the Rhode Island Commission for Human Rights dismissing the case with a determination of no probable cause.

Jo Ann Rainone v. Con-V-Care, Inc., RICHR No. 04 ESE 243-08/08, EEOC No. 16JA400140

In this case, a former certified nursing assistant filed a Charge of Discrimination against the employer alleging that she had been discriminated against because of her gender, and more specifically, that she was denied a request for light duty and then terminated because of her pregnancy. AP&S successfully obtained a ruling from the Rhode Island Commission for Human Rights dismissing the case with a determination of no probable cause.

Kristen Callahan v. Planet Fitness, Middlesex Sup. Ct. of Massachusetts, Civ.

No. 03-1876, in which AP&S successfully resolved on favorable terms claims that an employee had been sexually harassed by a manager of a health club.

Stephen G. Goings v. PVC Industries, Inc., Worcester Sup. Ct. of

Massachusetts, Civ. No. 02-2302-B, in which AP&S obtained a favorable settlement in connection with an employee’s claim that he had a long-term employment contract by virtue of the fact that the company had an employee handbook.

Pawtucket Fraternal Order v. City of Pawtucket R.I. Supreme Court No. 2004-154 Appeal

In this case, the Police Union filed a petition to vacate an arbitrator’s award in favor of the City of Pawtucket over the method of computing its cost to purchase service credits for retirement purposes. The Superior Court vacated the arbitrator’s award and the City appealed. AP&S appealed on behalf of the City arguing that the Superior Court exceeded its authority in vacating the arbitrator’s award. The Rhode Island Supreme Court ruled in favor of the City and ruled the arbitrator acted within his powers and that its Superior Court decision should be vacated.

News & Media

Publications

New Law Mandates Award of Triple Damages for Violations of the Wage Act
How To Take A Case Before The NLRB.
Recent Rulings Fail to Clarify Whether Alcoholism is a Disability Under the ADA

Events

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Practice Contact(s)

Attorneys