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Higher Education Labor Organizing Update
Thursday, April 18, 2024

Overview

Jacqueline Phipps Polito is a trial attorney with substantial experience in all aspects of traditional and nontraditional labor and employment litigation. She represents both public and private sector clients, at the trial and appellate level. She has significant collective bargaining and labor relations experience. Her practical approach, combined with her management background, enables her to offer strategic employment advice to clients, recognizing the global needs of the organization.

She practices in state and federal courts and is admitted to practice in the United States Supreme Court. Her practice areas are:

  • Employment discrimination law and litigation
  • The New York State Human Rights Law
  • Public Employment Relations Board (PERB)
  • National Labor Relations Board (NLRB)
  • Article 78 proceedings
  • Public sector law
  • Education law
  • Litigating all aspects of cases involving protection of trade secrets and post-employment restrictions
  • Labor relations
  • Collective bargaining
  • Arbitrations
  • The Fair Labor Standards Act

Jackie also provides clients with employment counseling and training. She has authored numerous articles and conducted numerous seminars regarding developments in both the private and public sector employment law areas, including:

  • Conducting efficient, effective, and lawful workplace investigations
  • Contract compliance
  • Policy and procedure updates
  • Laws prohibiting discrimination in employment
  • Workplace harassment
  • Terminations in the public sector
  • Collective negotiations
  • Hiring and firing public sector employees
  • Civil service law
  • Interest based bargaining

Prior to joining Littler Mendelson's Rochester office, Jackie served as the Chief Human Capital Initiatives Officer and Chief Labor Negotiator for the Rochester City School District, the area’s third largest employer, where she oversaw and managed human resources, employee benefits, and labor relations. Immediately prior to that, she was a partner at another firm, where she served as a member of the Labor and Employment Group.

Professional & Community Affiliations

Member

New York State Bar Association

Member, Nominating Committee

Greater Rochester Area Women's Bar Association

2006

Board Member

Encompass Resources for Learning

2013-2015

Trustee

Seneca Park Zoo Society

2007-2010

Co-chair, Mentoring Committee

Greater Rochester Area Women's Bar Association

2008-2009

Member, Executive Committee

Torts, Insurance and Compensation Law Section

2000-2008

Chair

Monroe County Ethics Committee

2005-2008

Member

Gender Equity Taskforce

2007

Officer and Member, Board of Directors

Women’s Council of the Rochester Business Alliance

2000-2004

Officer and Member, Board of Directors

Rochester Women’s Network

2002-2004

Former Member and Lector

Parish Council - St. Ambrose Church

Former Member, Board of Directors

DePaul Community Services

Former Member

Zoning Board - Town of Irondequoit

Recognition

Named, The Best Lawyers in America®

2016-2024

Ranked, Labor & Employment

Chambers USA

2021-2023

Named, The Power 20

Labor and Employment Law

The Daily Record

2022-2023

Named, Top 10 Most Influential Labor & Employment Lawyers in Upstate New York

Business Today

2023

Named, The Power 50 Law

Rochester Business Journal

2022

Awarded, Distinguished® Peer Review Rating

Martindale-Hubbell

2022

Named, Power 30 Law

Rochester Business Journal

2021

Named, Lawyer of the Year

Rochester

The Best Lawyers in America®

2020

Recipient, Women of Excellence Award

Rochester Business Journal

2018

Named, Top Women in Law

Excellence in Law Awards

Daily Record

2017

Named, Recommended Lawyer

Labor Management Relations

Legal 500 United States

2016

Named, Super Lawyer

Upstate New York

Super Lawyers

2007-2008, 2012-2015

Recipient, Sheldon Hurwitz Award

New York State Bar Association

2007

Finalist, Athena Award

2006

Named, Up & Coming Attorney

The Daily Record

2004

Named, 40 under 40

Rochester Business Journal

2002

News, Analysis & Press

Webinar discusses how to stay on top of legal and regulatory changes

The Daily Record of Western New York

February 27, 2024

RBJ presents the 2023 Power 50 Law

Rochester Business Journal

December 22, 2023

RBJ's Power 50 Law 2022

Rochester Business Journal

December 30, 2022

COVID doesn’t change hiring process

Daily Record

September 30, 2020

Polito now leads local Littler office

Rochester Business Journal

August 23, 2019

Hard Work Can Overcome Bias in Legal Industry

Rochester Business Journal

June 22, 2018

Employers Must Plan, Be Compassionate, Follow Laws for Layoffs

Democrat & Chronicle

May 13, 2018

A Stronger Defense Against Trade Secret Theft

Rochester Business Journal

June 17, 2016

Common Handbook Rules May Violate the NLRA

Rochester Business Journal

April 24, 2015

Speaking Engagements

2023 Tri-State Regional Employer Conference

New York, NY

June 20, 2023

Working Here, Working There, Working Everywhere: Post-Pandemic Remote Work Challenges

NHRA

February 15, 2023

Conducting Lawful Investigations in the Evolving Workplace

Littler Executive Employer Conference

May 4, 2022

Late Night with Littler: A Healthcare Industry Roundtable

Littler Executive Employer Conference

May 4, 2022

Sticky Situations: Handling Sensitive Employment Challenges in a Pandemic

October 30, 2020

Investigations Under New Title IX Regulations

July 9, 2020

Back to Work in New York? Littler Discusses Whether and How to Reopen

May 26, 2020

Everything Changes in a New York Minute

April 30, 2020

Conducting Lawful Investigations in the Wake of #MeToo

2019 Littler Executive Employer, Phoenix, AZ

May 10, 2019

A Corporate Balancing Act: Business Need vs. Legal Risk

Annual NYS SHRM event

September 2018

Paddling in the Same Direction: Manage, Motivate & Improve Performance Before & After Problems Begin

Littler Executive Employer, Phoenix, AZ

May 3, 2018

Healthcare Roundtable

Littler Executive Employer, Phoenix, AZ

May 2, 2018

From Harvey Weinstein to [Insert Name]: Preventing Harassment in the Workplace and What to Do When Claims are Made

Fairport, NY

March 20, 2018

Second Annual Canada Conference

Toronto, ON

November 1, 2017

Managing, Motivating and Improving Performance

New York State Council SHRM

September 24, 2017

The Ins and Outs of Internal Investigations

Compliance Week 2017, Washington, D.C.

May 21, 2017

Conducting Efficient, Effective, and Lawful Workplace Investigations

The 2017 Executive Employer® Conference, Phoenix, AZ

May 12, 2017

Update Your Status: Current Legal Risks Related to Social Media in the Workplace

Fairport, NY

March 28, 2017

Looking Back and Looking Ahead: Continuing Compliance with New York's Hospitality Wage Order

Fairport, NY

March 2, 2017

Drug Testing Employees in New York: Union, Medical, and OSHA Issues

Fairport, NY

May 25, 2016

Conducting Lawful Investigations: Facing New Challenges, Refining Your Techniques and Avoiding the Common Pitfalls

The 2016 Executive Employer® Conference, Scottsdale, AZ

May 6, 2016

There’s Something Happening Here (What it is ain’t exactly clear)

Fairport, NY

June 16, 2015

Pressing Issues for Higher Education: Title IX Compliance and Union Organizing on Campus

Fairport, NY

April 28, 2015

Managing Leaves of Absence: The Interplay of the FMLA and ADA

Fairport, NY

March 3, 2015

Annual NY Legal Update: The Top Employment and Labor Issues Affecting New York Employers

Fairport, NY

November 18, 2014

The Impact of Social Media on Employers and Workplace Violence

Fairport, NY

March 5, 2014

Hot Topics: Current Employment and Labor Issues Affecting New York Employers

Fairport, NY

October 16, 2013

The Impact of the 2012 Elections on Labor, Employment and Benefits Law

Fairport, NY

January 24, 2013

Leave Me Alone: Handling FMLA Leave Abuse and Post-FMLA Accommodation

September 28, 2012

Collective Bargaining Strategies in a Challenging Economic & Regulatory Environment

The 2012 Executive Employer® Conference

Littler Mendelson, Scottsdale, AZ

May 10, 2012

A Look Back / A Look Forward Legal Update: The Top Employment and Labor Issues Affecting New York Employers

Fairport, NY

April 26, 2012

Education

  • J.D., Albany Law School, 1993cum laude
  • B.A., State University of New York at Binghamton, 1990

Bar Admission

New York

Courts

  • U.S. Supreme Court
  • U.S. District Court, Western District of New York
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. Bankruptcy Court, Western District of New York