Ethan D. Balsam

ebalsam@littler.com
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Ethan D. Balsam is an experienced labor and employment litigator who represents employers in complex, high-stakes litigation, arbitration, and proceedings before federal and state courts and administrative agencies. He has substantial first-chair trial experience and handles matters involving discrimination, retaliation, harassment, whistleblower claims, wage and hour disputes, and traditional labor law.

Ethan represents clients through all stages of litigation, from early case assessment and strategy through trial and appeal. Most recently, he first chaired a multiweek federal jury trial involving discrimination claims brought by multiple former employees, securing a complete defense verdict for the client.

Ethan also has extensive experience litigating complex unfair labor practice cases before the National Labor Relations Board. He co-first chaired a three-month NLRB trial on behalf of a major national employer arising from a significant union-organizing campaign. The consolidated proceeding involved more than 200 alleged unfair labor practices, numerous witnesses, an extensive evidentiary record, and a broad range of issues under the National Labor Relations Act. He also regularly represents and advises employers on union organizing, unfair labor practice charges, collective bargaining, and other traditional labor matters.

In addition to his litigation practice, Ethan serves as a strategic adviser to employers confronting sensitive and complex workplace issues. A significant part of his practice involves conducting and advising on workplace investigations, including allegations of discrimination, harassment, retaliation, employee misconduct, and other sensitive personnel matters. He works closely with employers from the initial complaint through the investigation and resulting employment decisions, with an eye toward both resolving the immediate issue and anticipating potential litigation.

Ethan has particular experience representing private country clubs and educational institutions, where employment issues often involve considerations extending beyond the immediate workplace. He understands the unique dynamics of these organizations and regularly works with senior management, boards, and other decision-makers on sensitive personnel matters, workplace investigations, employee relations, accommodations, discipline and terminations, policies and practices, and employment disputes.

Whether advising on a difficult workplace decision or preparing a case for trial, Ethan takes a practical, strategic approach grounded in an understanding of each client’s operations and objectives. He values long-term client relationships and works closely with management and in-house counsel to assess risk, solve problems, and develop solutions that make sense for the organization.

Credentials & Recognition

Speaking Engagements

2022 Mid-Atlantic Regional Employer Conference

  • June 8, 2022
  • Washington, District of ColumbiaTysons Corner, Virginia
  • Littler Live Event

Internal Investigations Q&A

  • June 7, 2019
  • 2019 Mid-Atlantic Employer Conference, Bethesda, MD

#NotYouToo: How to Conduct Legal Investigations in the Aftermath of #MeToo

  • March 1, 2018
  • Washington, D.C.

Managing a Growing Business

  • June 6, 2017
  • 2017 Mid-Atlantic Employer Conference, Washington, D.C.

"Ban the Box" and Other New Restrictions in Hiring

  • December 7, 2016
  • Littler Webinar

Terminating Employees Legally: What You Should (and Should Not) Do When Firing Workers

  • November 9, 2016
  • C4CM

Additional Thought Leadership

New York’s Wage Theft Prevention Act Imposing Additional Requirements on Employers

  • April 2011
  • The Nassau Lawyer
  • Vol. 60, No. 8

Gifts for Departing Teachers Must be of 'Nominal Value

  • 2008
  • On Board Online
  • New York State School Boards Association

Books & Book Chapters

Whistleblowing and Retaliation: A Guide for Human Resources Professionals and Counsel

  • LexisNexis
  • Retaliation & Whistleblower Claims by In-House Counsel, 5th Ed., Contributing Chapter Author
  • 2013

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