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Philip B. Rosen

Principal
New York Metro
New York City

P 212-545-4001
F 212-545-4082
Philip.Rosen@jacksonlewis.com

Biography

Philip B. Rosen is a Principal in the New York City, New York, office of Jackson Lewis P.C. and a member of the firm’s Board of Directors. He also co-leads the firm's Labor and Preventive Practices Group and its Media Industry 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 decisions and initiatives.

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
Martindale-Hubbell
The Legal 500 - The Clients Guide to Law Firms
JD Supra Readers Choice Top Author 2019

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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February 6, 2019
Material Handling & Logistics News

Howard Bloom, Philip Rosen and Jonathan Spitz Comment on Union Membership Trends in 2018

February 6, 2019

Howard Bloom, Philip Rosen and Jonathan Spitz comment on implications of the decline in union memberships in "Union Membership Stagnant in 2018," published by Material Handling and Logistics News. Subscription may be required to view article Read More

August 15, 2018
Jackson Lewis

Jackson Lewis Attorneys Recognized in The Best Lawyers in America© 2019

August 15, 2018

WHITE PLAINS, NY (August 15, 2018) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce more than 200 attorneys throughout the firm’s locations have been named to the 2019 Edition of The Best Lawyers in America©, a publication that has become universally regarded as a definitive guide to legal... Read More

May 30, 2018
Jackson Lewis

Jackson Lewis Recommended in The Legal 500 2018

May 30, 2018

WHITE PLAINS, NY (May 30, 2018) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce the firm and its attorneys have been recommended in The Legal 500 United States 2018 in the following practice areas falling under the Labor and Employment designation: Employee Benefits, Executive Compensation... Read More

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April 12, 2019

Top Five Labor Law Developments for March 2019

April 12, 2019

The National Labor Relations Board (NLRB) ruled that a private-sector union may not require non-member objectors (known as Beck objectors) to pay for its political lobbying expenses. United Nurses and Applied Professionals (Kent Hospital), 367 NLRB No. 94 (Mar. 1, 2019). Several of the employer’s workers had resigned their union... Read More

March 11, 2019

Top Five Labor Law Developments for February 2019

March 11, 2019

National Labor Relations Board (NLRB) Member Mark Gaston Pearce has withdrawn his name from consideration for another term on the Board. Pearce reportedly explained his decision by stating it felt best to “remove myself from the center of a political tug of war.” Pearce’s nomination had stalled in the U.S. Senate, which ended its last... Read More

February 15, 2019

Labor Board Returns to Pre-2014 Test for Determining if Individual Is an Independent Contractor

February 15, 2019

The National Labor Relations Board (NLRB) has held that in deciding whether an individual is an independent contractor or an employee, it will return to focusing on the extent to which the arrangement between the ostensible employer and the alleged employee provided an “entrepreneurial opportunity” to the individual, overruling a 2014... Read More

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See AllBlog Posts by Philip B. Rosen

Labor Board Sets New Deadline for Submitting Comments on Proposed Joint-Employer Rulemaking
November 2, 2018

The National Labor Relations Board has extended the deadline for submitting comments regarding its proposed rulemaking on the standard for determining joint-employer status under the National Labor Relations Act to December 13, 2018. Read More

Supreme Court Rules Class Action Waivers in Employment Arbitration Agreements Valid
May 21, 2018

Class action waivers in employment arbitration agreements do not violate federal law, the U.S. Supreme Court has ruled in a much-anticipated decision in three critical cases. Epic Systems Corp. v. Lewis, No. 16-285; Ernst & Young LLP et al. v. Morris et al., No. 16-300; National Labor Relations Board v. Read More

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