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Philip B. Rosen

Principal
New York

P 212-545-4001
F 212-545-4082
RosenP@jacksonlewis.com

Biography

Philip B. Rosen is a Principal in the New York City, New York, office of Jackson Lewis P.C. and co-leads the firm's 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

Best Lawyers Award Badge

Legal 500 Recommended Attorney

Professional Associations and Activities

  • American Bar Association

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 Act's Interest Arbitration Provision," Hofstra Labor & Employment Law Journal (2009) [Co-Author]
  • Employer's 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 Bender's Business Law Monograph series, 1984 [Co-Author]

See AllPhilip B. Rosen in the News

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March 3, 2017
Bloomberg BNA

Philip Rosen Comments on NLRB's New 'Joint-Employer' Standard

March 3, 2017

Philip Rosen comments on Browning-Ferris Industries of California Inc., challenging a National Labor Relations Board ruling that said the company jointly employed the workers of a business with which Browning-Ferris had a contractual relationship in "Businesses Fear Joint Employer ‘Creep’," published... Read More

February 24, 2017
Bloomberg BNA

Philip Rosen Comments on National Right-to-Work Policy Efforts

February 24, 2017

Philip Rosen comments on Congressional efforts to get a national right-to-work measure signed into law in "Republicans’ National Right-to-Work Proposal Faces Hurdles," published by Bloomberg BNA. Subscription may be required to view article Read More

February 17, 2017
Wolters Kluwer Employment Law Daily

Jackson Lewis Attorneys Provide Commentary, Insight in Wolters Kluwer Briefing on Labor and Employment Law Developments for 2017

February 17, 2017

Commentary and insight from Jackson Lewis attorneys K. Joy Chin, Paul Patten, Richard I. Greenberg, Jeffrey W. Brecher, Joy M. Napier-Joyce, Howard M. Bloom and Philip B. Rosen are featured in Wolters Kluwer's "Federal agencies: What happened in 2016-will 2017 be different?", a briefing on labor and... Read More

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April 21, 2017

Dues Checkoff Revocations May Be Valid in Wisconsin Despite Federal Court Ruling

April 21, 2017

A Wisconsin federal court has invalidated a key provision in Wisconsin’s Right to Work law that gave employees the right to cancel deduction of union dues from their paychecks. Int’l Ass’n of Machinists v. Allen, et al., No. 16-CV-77 (W.D. Wis. Dec. 28, 2016). However, there still are a number of National Labor Relations Board decisions... Read More

March 22, 2017

Senate HELP Committee Holds Confirmation Hearing for Nominee Acosta to Head Labor Department

March 22, 2017

The Senate Health, Labor and Pensions (HELP) Committee on March 22, 2017, held confirmation hearings on the nomination of R. Alexander Acosta, President Donald Trump’s pick for Secretary of Labor. Acosta was introduced by Senators Marco Rubio and Ted Cruz, both of whom have known Acosta for years. Rubio described Acosta as... Read More

March 21, 2017

Supreme Court Rules President’s Power to Make Temporary Appointments is Limited

March 21, 2017

Former National Labor Relations Board Acting General Counsel Lafe Solomon’s continuing to serve as Acting NLRB General Counsel after President Barack Obama nominated him to the General Counsel position violated the Federal Vacancies Reform Act of 1998, the U.S. Supreme Court has decided in a 6-2 decision. National Labor Relations... Read More

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See AllBlog Posts by Philip B. Rosen

R. Alexander Acosta Picked to Head Department of Labor
February 17, 2017

President Donald Trump has nominated R. Alexander Acosta to be Secretary of Labor. His nomination comes one day after Andrew Puzder, Trump’s first pick to lead the Department of Labor, withdrew his nomination. Please see the full blog. Read More

R. Alexander Acosta Picked to Head Department of Labor
February 16, 2017

President Donald Trump has nominated R. Alexander Acosta to be Secretary of Labor. His nomination comes one day after Andrew Puzder, Trump’s first pick to lead the Department of Labor, withdrew his nomination. Acosta, currently the Dean of Florida International University’s law school, is the son of Cuban immigrants. Read More

Puzder Chosen to Head DOL: Many Changes Expected
December 13, 2016

President-elect Donald Trump has announced his intention to nominate Andrew Puzder, Chief Executive Officer of CKE Holdings, the parent company of Carl’s Jr. and Hardee’s, to head the U.S. Department of Labor. Read More