Philip B. Rosen

Philip B. Rosen is a principal in the New York City, New York, office of Jackson Lewis P.C. and has served as a member of the firm’s Board of Directors. He joined the firm in 1979, served as managing partner of the New York City office from 1989 to 2009, and served as co-leader of the Labor and Preventive Practices group from 1994 to 2019.

Phil 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 decisions and initiatives.

Phil 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. Phil 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

• Acritas Stars™, Designated as an "Independently rated lawyer"
• The Best Lawyers in America©, "Employment Law - Management" and "Labor Law - Management" (2015-present)
• JD Supra, "Readers' Choice Top Author" (2019)
• Legal 500 USA, "Recommended Attorney" (2015-2021)
• Martindale-Hubbell®, "AV Preeminent® - Peer Rated for Highest Level of Professional Excellence" (1998-present)
• New York Super Lawyers®, "Super Lawyers" (2006-2010, 2013-2020)
• Thomson Reuters, “Thomson Reuters Stand-out Lawyer – Independently Rated Lawyers”

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]