Overview

In Brendan Fitzgerald's labor and employment law practice, he regularly advises and represents employers in a broad range of labor and employment law matters arising under international, federal, and state laws. He assists clients with a wide range of issues related to labor management relations, including:

  • National Labor Relations Board and related federal court proceedings
  • Election campaigns
  • Labor relations assessments and strategies
  • Labor arbitrations
  • Collective bargaining and contingency planning efforts

As a complement to this domestic labor management relations practice, Brendan helps multinational corporations based in the United States and abroad formulate and implement strategies to respond to efforts by labor unions and nongovernmental organizations to discredit them through global campaigns. His work includes:

  • Developing global labor relations and management strategies
  • Establishing, implementing and managing corporate codes of social responsibility and human rights policies
  • Assisting with proceedings involving the United Nations Global Compact and the Organisation for Economic Cooperation and Development
  • Aiding global employers regarding the design and implementation of human resources policies

Brendan also regularly counsels employers on complex labor and employment issues that arise in the context of corporate transactions, including mergers and acquisitions, bankruptcy, downsizing, reorganization and turnaround work with troubled companies or industries. This includes transaction planning, due diligence, deal documentation, assistance with plant closure and notification obligations, renegotiation of labor agreements and pre-and post-closing integration activities.

Brendan practices in various federal and state courts and administrative agencies on a variety of employment law matters, including a wide range of discrimination, harassment and retaliation claims, and he has assisted in the defense of a number of class actions arising under federal and state laws. 

Brendan’s entire practice is guided by his having spent more than two years in-house within the healthcare field.  During his time away from the firm, Brendan developed and implemented comprehensive labor relations and positive employee relations strategies. This experience has given Brendan a unique lens to assist clients in developing and implementing practical solutions. 

Professional & Community Affiliations

Member

Labor and Employment Law Section

Ohio State Bar Association

Recognition

Named, Rising Star

Ohio

Super Lawyers

2015-2017

Books & Book Chapters

  • Developing Labor Law, contributing editor
  • How To Take A Case Before the NLRB, contributing editor
  • Opportunity at Risk: A New Joint Employer Standard and the Threat to Small Business, U.S. Chamber of Commerce Workforce Freedom Initiative, co-author, March 2015
  • Change is the Only Constant: A Year of Developments in Federal Labor Law, American Bar Association, Tort Trial & Insurance Practice Section, co-author, 2015 yearly update
  • National Labor Relations Developments, American Bar Association, Tort Trial & Insurance Practice Section, co-author, Fall Quarter 2015

Speaking Engagements

2018 Hot Topics in Employment and Labor Law

Columbus, OH

February 1, 2018

2017 Hot Topics in Employment & Labor Law

Columbus, OH

February 2, 2017

Education

  • J.D., The Ohio State University Moritz College of Law, 2008
  • B.S., Miami University, 2004

Bar Admission

Ohio
District of Columbia

Courts

  • U.S. Court of Appeals, 5th Circuit
  • U.S. Court of Appeals, 6th Circuit
  • U.S. Court of Appeals, 8th Circuit
  • U.S. Court of Appeals, District of Columbia
  • U.S. District Court, Northern District of Ohio
  • U.S. District Court, Southern District of Ohio
  • U.S. District Court, Eastern District of Michigan