Jeffrey W. Pagano

Jeffrey W. Pagano is a partner and Co-Chair of the Labor & Employment Practice Group. He focuses upon all forms of litigation and negotiation, primarily in the area of labor and employment law, arising under the NLRA, RLA, Title VII of the 1964 Civil Rights Act, ADEA, FLSA, ERISA, E.O. 11246, Rehabilitation Act, VEVRAA, OSHA, ADA, FMLA, FCRA, as well as the numerous state statutory schemes likewise impacting the workplace. Additionally, he continues to litigate significant complex commercial matters arising out of the purchase and sale of business organizations and contractual disputes in courts throughout the United States or in the arbitration context. His experience and knowledge is deep, having had the opportunity over a 32 year period to build, restructure and/or rebuild organizations, whether union represented or union-free. In doing so, he deals with the complexity of simultaneously achieving internal change, while managing the risk of external liability and minimizing the cost of implementation.

Mr. Pagano has experience in many industries, including the transportation, manufacturing, automotive, steel, retail, hospitality and a myriad of other service industries. Mr. Pagano approaches each assignment as unique, requiring independent and creative thinking, regardless of the "norm," in order to achieve a client's objectives.

Mr. Pagano has been involved in hundreds of union organizing campaigns on behalf of management. He also has extensive experience before the NLRB, in collective bargaining, as well as the ongoing administration of the employment relationship, including arbitration. Mr. Pagano has also developed workplace policies and procedures that produce effective internal workplace dispute mechanisms. These practices enhance management's credibility, thereby reducing union organizing risk, while reducing discrimination claims and the potential legal spend in the process. In this regard, once a client has followed the program designed by Mr. Pagano, whether in relation to an organizing campaign, wage-hour compliance process or any other workplace system, should litigation arise, he can utilize alternative fee arrangements to reduce the legal spend and "partner" with the client toward the resolution of any dispute arising as a consequence. Mr. Pagano's client relationships are typically long standing because he actually invests in the relationship at many levels.

Mr. Pagano has also devised policies, procedures and agreements to protect an employer's intellectual property from theft or misuse. Such systems can be aggressively utilized in the workplace and in litigation to prevent unfair competition due to misappropriation of intellectual property by former employees.

Mr. Pagano's employment practice is not limited to the United States. He has evaluated and structured organizations in foreign jurisdictions, remaining sensitive to local practices and cultures. As well, employment litigation can arise among jurisdictions depending upon a definition of an employer within each jurisdiction, which has prompted Mr. Pagano to be responsible for simultaneous multiple-country employment issues and disputes. He has advised employers as to international employment and operating strategies, including The Brink's Company, Brink's Incorporated, TNT Worldwide Inc., ABX International Inc., DSV Air & Sea Inc., Robert Bosch, BAX Global Inc./DB Schenker Inc., Agility, Air Transport International L.L.C., and Stride Rite to name a few.

In addition to his employment practice, Mr. Pagano also has extensive experience representing multi-national clients in the international air-freight, logistics and transportation industries relating to regulatory and customs matters, structuring agreements for the transportation of international cargo, litigation of pricing issues under multi-lateral treaties affecting international cargo and mail, and litigation of international mail and international cargo matters.

Mr. Pagano is Contributing Editor of the "Developing Labor Law," and a Lecturer for the American Management Association and the Institute for Applied Management and Law, Inc. He served as Counsel to the General Counsel, National Labor Relations Board, Region 9, Cincinnati, Ohio. Mr. Pagano has participated in various speaking forums, including the National Policy Conference sponsored by the National Mediation Board concerning the globalization of collective bargaining under the RLA in the airline industry.

Government Experience

National Labor Relations Board-General Counsel, Region 9

Highlights News & Knowledge

Speeches & Presentations

· "Top Labor and Employments Issues For Government Contractors in 2012 and Beyond," Crowell & Moring's 2012 Ounce of Prevention Seminar (OOPS), Washington, D.C. (May 9-10, 2012). Co-Speakers: Jeff Pagano, Ellen Dwyer, Kris Meade, Rebecca Springer.

· "Labor Law & NLRB Update," National Armored Car Association Conference, Coppell, Texas (November 16, 2010). Presenter: Jeffrey W. Pagano.

· "Keeping It Legal: What Every Owner Should Know About Employment Law," 2010 Limo Digest Show, Atlantic City, NJ (November 2010). Presenter: Jeffrey W. Pagano.

Publications

· "Health Care Reform Is Here -- Now What?: What Employers, Employees, and Health Plans Need to Know Right Now About Health Care Reform," Employee Benefit Plan Review (August 2010). Co-Authors: William J. Flanagan, Kendra D. Miller, Jeffrey W. Pagano and Joel D. Wood.

· "Revisit Independent Contractor Classifications," Society for Human Resource Management's Legal Report (October - November 2007). Co-Authors: Kris D. Meade, Jeffrey Pagano, Ira M. Saxe and Jonathan A. Moskowitz.

Client Alerts & Newsletters

· "New York City Employers Beware - New Law Prohibiting Unemployment Discrimination to Take Effect in June," Labor & Employment Law Alert - US (April 2, 2013). Contacts: Jeffrey W. Pagano, James E. Kellett, Ira M. Saxe, Jonathan A. Moskowitz.

· "Third Circuit Upholds Reduced Pleading Requirements for SOX Whistleblowers," Labor & Employment Law Alert - US (March 26, 2013). Contacts: Rebecca L. Springer, Christopher Calsyn, Jeffrey W. Pagano, Ira M. Saxe, Mark A. Romeo, S. Shane Sagheb.

· "In the Wake of Canning - Turmoil at the NLRB Because of Recess Appointments," Labor & Employment Law Alert - US (February 1, 2013). Contacts: Thomas P. Gies, Kris D. Meade, Glenn D. Grant, Jeffrey W. Pagano, Philip F. Repash, S. Shane Sagheb.

· "California Employment Law Developments for 2013," Labor & Employment Law Alert - US (January 28, 2013). Contacts: Thomas P. Gies, Kris D. Meade, Jeffrey W. Pagano, Mark A. Romeo, Wendy A. Sugg, S. Shane Sagheb.

· "Brinker Warrants Certification of Meal and Rest Break Class Claims in Two Recent California Decisions," Labor & Employment Law Alert - US (December 28, 2012). Contacts: Thomas P. Gies, Jeffrey W. Pagano, Mark A. Romeo, Wendy A. Sugg, S. Shane Sagheb.

· "NLRB Overturns 50-Year Precedent on Dues-Checkoff," Labor & Employment Law Alert - US (December 21, 2012). Contacts: Thomas P. Gies, Glenn D. Grant, Jeffrey W. Pagano, Philip F. Repash, Mark A. Romeo, S. Shane Sagheb.

· "Lead Plaintiff's Failure to Report Alleged Unpaid Work Time Under The Employer's Reporting Policies Dooms FLSA Collective Action," Labor & Employment Law Alert - US (November 20, 2012). Contacts: Kris D. Meade, Thomas P. Gies, Andrew W. Bagley, Jeffrey W. Pagano, Ira M. Saxe, Jonathan A. Moskowitz, Mark A. Romeo, S. Shane Sagheb.

· "Participants in TRICARE Program Celebrate the Administrative Review Board's Florida Hospital Decision - Should Other Companies Care?," Labor & Employment Law Alert - US (November 12, 2012). Contacts: Kris D. Meade, Rebecca L. Springer, Jeffrey W. Pagano, Ira M. Saxe, Jonathan A. Moskowitz, Mark A. Romeo, S. Shane Sagheb.

· "California Appellate Court Approves (Finally) of Neutral Time Rounding," Labor & Employment Law Alert - US (November 7, 2012). Contacts: Mark A. Romeo, S. Shane Sagheb, Thomas P. Gies, Andrew W. Bagley, Jeffrey W. Pagano, Ira M. Saxe.

· "NLRB Says "Yes," You Can Be Fired for Something You Post Online," Labor & Employment Law Alert - US (October 15, 2012). Contacts: Jeffrey W. Pagano, Philip F. Repash, Kris D. Meade, Thomas P. Gies, Rachel L. Talbot, Mark A. Romeo, S. Shane Sagheb.

· "NLRB Issues its First Social Media Policy Decision," Labor & Employment Law Alert - US (September 24, 2012). Contacts: Jeffrey W. Pagano, Jonathan A. Moskowitz, Kris D. Meade, Thomas P. Gies, Christine B. Hawes, Mark A. Romeo, S. Shane Sagheb.

· "California Enacts Legislation that Substantially Broadens Employers' Obligations to Provide Religious Accommodations," Labor & Employment Law Alert - US (September 21, 2012). Contacts: Mark A. Romeo, S. Shane Sagheb, Jeffrey W. Pagano, Jonathan A. Moskowitz, Kris D. Meade, Christine B. Hawes.

· "NLRB Rules Against Routine Requests for Confidentiality in Ongoing Employer Investigations," Labor & Employment Law Alert - US (August 14, 2012). Contacts: Thomas P. Gies, Kris D. Meade, Jeffrey W. Pagano, Mark A. Romeo, Glenn D. Grant, Rachel L. Talbot.

· "DOL Issues WARN Act Guidance to Federal Contractors in Light of Sequestration," Labor & Employment Law Alert - US (August 1, 2012). Contacts: Kris D. Meade, Andrew W. Bagley, Jeffrey W. Pagano, Jonathan A. Moskowitz, Mark A. Romeo, Samuel P. Nielson.

· "The NLRB's Acting General Counsel Asserts an Unprecedented Challenge to Employee Handbook Receipt Provisions," Labor & Employment Law Alert - US (May 8, 2012). Contacts: Jeffrey W. Pagano, Kris D. Meade, Thomas P. Gies, Mark A. Romeo, S. Shane Sagheb.

· "Seventh Circuit Authorizes An "Issue Class Action" in Response to Dukes," Labor & Employment Law Alert - US (May 3, 2012). Contacts: Thomas P. Gies, Kris D. Meade, Jeffrey W. Pagano, Mark A. Romeo, Jasmine Velazquez, S. Shane Sagheb.

· "California High Court Rejects Fee Request For Rest Break Claims," Labor & Employment Law Alert - US (May 2, 2012). Contacts: Mark A. Romeo, S. Shane Sagheb, Kris D. Meade, Thomas P. Gies, Andrew W. Bagley, Jeffrey W. Pagano, Ira M. Saxe.

· "NLRB Notice Posting Rule Delayed," Labor & Employment Law Alert - US (April 18, 2012). Contacts: Thomas P. Gies, Jeffrey W. Pagano, Mark A. Romeo.

· "Brinker - Was It Worth The Wait For Employers?," Labor & Employment Law Alert - US (April 17, 2012). Contacts: Thomas P. Gies, Andrew W. Bagley, Jeffrey W. Pagano, Mark A. Romeo, Wendy A. Sugg, S. Shane Sagheb.

· "Preparing For May Day, And Beyond, At The NLRB," Labor & Employment Law Alert - US (April 16, 2012). Contacts: Thomas P. Gies, Jeffrey W. Pagano, Mark A. Romeo.

· "Maryland Takes the Lead on Social Media Access Legislation," Labor & Employment Law Alert - US (April 13, 2012). Contacts: Thomas P. Gies, S. Shane Sagheb, Jeffrey W. Pagano, Mark A. Romeo.

· "Transgender Employees Protected By Federal Law Against Discrimination," Labor & Employment Law Alert - US (March 23, 2012). Contacts: Kris D. Meade, Jeffrey W. Pagano, Mark A. Romeo, Wendy A. Sugg.

· "Federal Court Imposes Broad Preservation Obligation Regarding Potential Class Members in FLSA Action," Labor & Employment Law Alert - US (February 23, 2012). Contacts: Jeane A. Thomas, Christopher Calsyn, Jeffrey W. Pagano, Thomas P. Gies, Mark A. Romeo.

· "California and the USDOL Stake Out Common Ground in Focusing on Alleged Misclassification of Employees as Independent Contractors," Labor & Employment Law Alert - US (February 16, 2012). Contacts: Mark A. Romeo, S. Shane Sagheb, Jeffrey W. Pagano, Kris D. Meade.

· "NLRB Clarifies Its Position Regarding Employees' Social Media Usage, " Labor & Employment Law Alert - US (February 2, 2012). Contacts: Jeffrey W. Pagano, Kris D. Meade, Thomas P. Gies, Glenn D. Grant, Christopher Calsyn, Mark A. Romeo.

· ""Collyer Lite" -- NLRB Announces Limitation on Collyer Deferral," Labor & Employment Law Alert - US (January 26, 2012). Contacts: Jeffrey W. Pagano, Kris D. Meade, Thomas P. Gies, Glenn D. Grant, Mark A. Romeo.

· "FMLA Protections from Interference and Retaliation Extended to Pre-Eligible Employees," Labor & Employment Law Alert - US (January 25, 2012). Contacts: Kris D. Meade, Christopher Calsyn, Jeffrey W. Pagano, James E. Kellett, Ira M. Saxe, Mark A. Romeo.

· "NLRB and FINRA Signal Federal Push To Create A Right for Employees To Pursue Collective Litigation Regardless of Arbitration Agreements," Labor & Employment Law Alert - US (January 12, 2012). Contacts: Jeffrey W. Pagano, Jared Levine, Kris D. Meade, Thomas P. Gies, Glenn D. Grant, Mark A. Romeo.

· "New DOT Regulations Require Commercial Truckers to Hit the "Breaks"," Labor & Employment Law Alert - US (January 5, 2012). Contacts: Trina Fairley-Barlow, Rebecca L. Springer, Jeffrey W. Pagano, Ira M. Saxe, Mark A. Romeo.

· "NLRB Issues Final Rule On "Quickie" Elections," Labor & Employment Law Alert - US (December 22, 2011). Contacts: Jeffrey W. Pagano, Kris D. Meade, Thomas P. Gies, Glenn D. Grant, Mark A. Romeo.

· "NLRB Scales Back -- But Not By Much -- The New "Quickie" Election Rules it Proposed on June 22, 2011," Labor & Employment Law Alert - US (December 6, 2011). Contacts: Jeffrey W. Pagano, Kris D. Meade, Thomas P. Gies, Glenn D. Grant, Mark A. Romeo.

· "OSHA Revises Its Sarbanes-Oxley Whistleblower Rules Impacting Public Companies and Their Affiliates and Subsidiaries," Labor & Employment Law Alert - US (November 9, 2011). Contacts: Mark A. Romeo, Samuel P. Nielson, Kris D. Meade, Thomas P. Gies, Christopher Calsyn, Jeffrey W. Pagano, Ira M. Saxe.

· "California Seating Lawsuits Meeting Resistance, But Employers Shouldn't Sit Idly By," Labor & Employment Law Alert - US (October 21, 2011). Contacts: Mark A. Romeo, Samuel P. Nielson, Jeffrey W. Pagano, James E. Kellett, Kris D. Meade, Thomas P. Gies.

· "California Enacts Legislation Limiting Employers' Use of Consumer Credit Reports for Employment Purposes," Labor & Employment Law Alert - US (October 12, 2011). Contacts: Jeffrey W. Pagano, Jonathan A. Moskowitz, Kris D. Meade, Rachel L. Talbot, Mark A. Romeo, Wendy A. Sugg.

· "NLRB Postpones Implementation of Its New Employee Rights Posting Requirement," Labor & Employment Law Alert - US (October 7, 2011). Contacts: Jeffrey W. Pagano, Thomas P. Gies, Glenn D. Grant, Mark A. Romeo.

· "Seattle Enacts Ordinance Requiring Paid Sick Leave and Paid Safe Time," Labor & Employment Law Alert - US (September 29, 2011). Contacts: Jeffrey W. Pagano, Jonathan A. Moskowitz, Kris D. Meade, Rebecca L. Springer, Rachel L. Talbot, Mark A. Romeo.

· "NLRB Makes Employee Rights Poster Available on its Website Shortly After Commencement of a Lawsuit Challenging its Posting Rule," Labor & Employment Law Alert - US (September 15, 2011). Contacts: Jeffrey W. Pagano, Jonathan A. Moskowitz, Kris D. Meade, Thomas P. Gies, Glenn D. Grant, Mark A. Romeo.

· "National Labor Relations Board Alters Landscape for Determining the Scope of Petitioned-For Bargaining Units," Labor & Employment Law Alert - US (September 9, 2011). Contacts: Jeffrey W. Pagano, Jonathan A. Moskowitz, Thomas P. Gies, Glenn D. Grant, Mark A. Romeo.

· "The NLRB Overrules Prior Decisions to Reinstate "Recognition Bar" Protection for Unions Voluntarily Recognized and "Successor Bar" Protection for Incumbent Unions," Labor & Employment Law Alert - US (September 8, 2011). Contacts: Jeffrey W. Pagano, Ira M. Saxe, Thomas P. Gies, Glenn D. Grant, Mark A. Romeo.

· "NLRB Imposes New Employee Rights Posting Requirement on Covered Employers," Labor & Employment Law Alert - US (September 6, 2011). Contacts: Jeffrey W. Pagano, Thomas P. Gies, Glenn D. Grant, Mark A. Romeo.

· "OFCCP Drumbeat Continues: Agency Announces New FAAP Procedures," Labor & Employment Law Alert - US (July 1, 2011). Contacts: Rebecca L. Springer, Kris D. Meade, Jeffrey W. Pagano, Ira M. Saxe, Jonathan A. Moskowitz, Mark A. Romeo, Wendy A. Sugg.

· "The NLRB and USDOL Issue Controversial Proposed Regulations To Aid Union Organizing," Labor & Employment Law Alert - US (June 30, 2011). Contacts: Jeffrey W. Pagano, Philip F. Repash, Thomas P. Gies, Glenn D. Grant, Mark A. Romeo.

· "Supreme Court Changes The Class Action Landscape In Dukes v. Wal-Mart," Labor & Employment Law Alert - US (June 28, 2011). Contacts: James E. Kellett, Jeffrey W. Pagano, Thomas P. Gies, Trina Fairley-Barlow, Mark A. Romeo, Wendy A. Sugg.

· "Connecticut to Become First State to Mandate Guaranteed Paid Sick-Leave Time for Employees," Labor & Employment Law Alert - US (June 9, 2011). Contacts: Jeffrey W. Pagano, Philip F. Repash, Thomas P. Gies, Trina Fairley-Barlow, Mark A. Romeo.

· "EEOC Proposes to Extend Title VII and ADA Recordkeeping Requirements to Include Entities Covered by GINA," Labor & Employment Law Alert - US (June 8, 2011). Contacts: Jeffrey W. Pagano, Philip F. Repash, Thomas P. Gies, Trina Fairley-Barlow, Mark A. Romeo.

· "Fifth Circuit Applies Recent Supreme Court Decision to Revive Son's Title VII Retaliation Claim Based on Father's Protected Activity," Labor & Employment Law Alert - US (May 31, 2011). Contacts: Thomas P. Gies, Glenn D. Grant, Jeffrey W. Pagano, Ira M. Saxe, Mark A. Romeo.

· "Think That California Lawsuits Over Seating Concern Only Retail Cashiers? Think Again," Labor & Employment Law Alert - US (May 26, 2011). Contacts: Mark A. Romeo, Wendy A. Sugg, Samuel P. Nielson, Kris D. Meade, Thomas P. Gies, Jeffrey W. Pagano.

· "Circuit Court Rules No Cause of Action for Discrimination Against Debtors," Labor & Employment Law Alert - US (May 24, 2011). Contacts: Thomas P. Gies, Glenn D. Grant, Jeffrey W. Pagano, James E. Kellett, Mark A. Romeo.

· "NLRB Sues Arizona in Federal Court over Constitutional Amendment Requiring Secret Ballot Elections for Union Representation," Labor & Employment Law Alert - US (May 18, 2011). Contacts: Kris D. Meade, Thomas P. Gies, Glenn D. Grant, Jeffrey W. Pagano, Ira M. Saxe, Mark A. Romeo.

· "Philadelphia Is Latest Jurisdiction to "Ban the Box" in Hiring Processes," Labor & Employment Law Alert - US (May 16, 2011). Contacts: Kris D. Meade, Glenn D. Grant, Jeffrey W. Pagano, Ira M. Saxe, Mark A. Romeo.

· "New York State Department of Labor Issues Guidance and Sample Templates in Connection With the New York Wage Theft Prevention Act," Labor & Employment Law Alert - US (April 12, 2011). Contacts: Jeffrey W. Pagano, Ira M. Saxe, Jonathan A. Moskowitz, Kris D. Meade, Thomas P. Gies, Mark A. Romeo.

· "EEOC Issues Final Regulations on ADA Amendments Act of 2008," Labor & Employment Law Alert - US (April 7, 2011). Contacts: Jeffrey W. Pagano, James E. Kellett, Ira M. Saxe, Kris D. Meade, Thomas P. Gies, Mark A. Romeo.

· "New York Wage Theft Prevention Act Takes Effect on April 9, 2011,"