Robert A. Fisher

  • Partner
    Deputy Chair, Labor and Employment Law Department
  • Boston
  • 617 832 1235 direct
  • 617 832 7000 fax

Robert Fisher represents employers in all aspects of labor and employment law, including union disputes, discrimination/harassment claims, wage and hour disputes, benefits issues and contractual claims. In addition to defending employers in litigation, he also advises clients regarding day-to-day personnel matters. Rob has in-depth experience representing higher education, hospitality, technology, and financial services clients.

Rob regularly practices before state and federal courts and before administrative agencies, such as the Massachusetts Commission Against Discrimination and the Equal Employment Opportunity Commission. He has defended many employers against discrimination and retaliation complaints, including multi-plaintiff litigation and nationwide claims of systemic discrimination. Rob also represents employers in contractual disputes ranging from challenges to employment at-will to non-compete litigation to litigation with former executives.

Rob represents and advises clients on a variety of employee benefits matters. He has defended clients against claims by participants for benefits and for breaches of fiduciary duty, as well investigations by the Department of Labor. Rob has extensive experience litigating withdrawal liability disputes with multiemployer pension plans. He also counsels clients on complying with state and federal health care reform laws.

Rob has a robust traditional labor practice. He regularly represents employers before the National Labor Relations Board in representation petitions and unfair labor practices proceedings. He also advises clients on responding to union organizing and corporate campaigns, collective bargaining and on labor issues related to corporate transactions. Rob has tried dozens of labor arbitrations before the American Arbitration Association and other ADR organizations.

Bars and Court Admissions

  • Massachusetts
  • U.S. District Court for the District of Massachusetts
  • U.S. Court of Appeals, First Circuit
  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. Court of Appeals, District of Columbia Circuit

Representative Experience

The following is a brief summary of Robert's experience and accomplishments:

  • Won a federal court trial in which the plaintiff, a former computer systems analyst, alleged that he was fired because of his age

  • Successfully represented a university at a public hearing before the Massachusetts Commission Against Discrimination, obtaining dismissal of a former administrator’s claims that she was fired for taking a maternity leave

  • Secured summary judgment for a university on a former faculty member’s claims of breach of contract

  • Convinced a federal court to overturn an arbitration award relating to the denial of tenure to a college faculty member on the grounds that the arbitrator exceeded his authority

  • Obtained dismissal of a nationwide unfair labor practice charge relating to our client’s no solicitation policy and its state court trespass against a labor union

  • Successfully defended a hospital in federal court and in a two-week arbitration against claims by a former executive that he was owed millions of dollars of promised retirement benefits

  • Obtained summary judgment, which was affirmed on appeal, on claims by a multiemployer pension plan that our client, the former owner of a trucking company, owed several million dollars in withdrawal liability

  • Convinced the NLRB to overturn an administrative law judge’s decision against our client, arguing successfully that the manner in which the union presented grievances constituted unprotected conduct

  • Secured dismissal of age discrimination lawsuit brought by a former executive against our client

  • Successfully represented construction company against claims by a multiemployer pension plan for withdrawal liability by establishing that our client was not within the controlled group at the time of withdrawal

  • Convinced the NLRB that our client, a trucking company, lawfully refused to bargain with the union’s chief negotiator due to his conduct at the bargaining table

  • Obtained summary judgment on behalf of university on former faculty member’s claims that he was denied tenure because of his race and in retaliation for engaging in protected conduct

professional / civic involvement

  • Massachusetts Bar Association, Labor and Employment Section, Member
  • American Bar Association, Labor and Employment Section, Member
  • Boston Bar Association, Member

SPEECHES AND CONFERENCES

  • Speaker, "Amendments to the Personnel Records Statute" (October 2010)
  • Speaker, "What Health Care Reform Means for Employers" (May 2010)
  • Panelist, "Employment and Immigration Seminar: Enforcement Priorities of the Obama Administration" (September 2009)
  • Speaker, "Information Security Plan - Explanation and Implementation" Webinar, Massachusetts Association of Insurance Agents (June 2009)
  • Panelist, "Navigating the New MA Data Security Regulations," MassTLC's Legal Series (June 2009)
  • Panelist, "Using Non-Compete Laws to Spur Economic Development in Massachusetts," Rappaport Institute for Greater Boston, Kennedy School of Government, Harvard University (April 2009)
  • Panelist, "Get Smart: Issues Surrounding Surveillance," American Arbitration Association (April 2009)
  • Panelist, "Recognizing and Defusing Time-Bombs in Today's M&A Environment," Northeast Chapter of the Association of Corporate Counsel (March 2009)
  • Panelist, "Understanding The New FMLA Regulations" (January 2009)
  • Panelist, "Understanding The New Data Security Law" (December 2008)
  • Panelist, "Impact of the 2008 Election on Labor and Employment Laws" (November 2008)
  • Panelist, "Evidentiary Issues in the Labor Arbitration Context," MBA 29th Annual Labor and Employment Law Spring Seminar (May 2008)
  • Panelist, "An Overview of the Employer Obligations Under the Massachusetts Health Care Reform Law," Massachusetts Hospital Association (June 2007)
  • "An Update on the Massachusetts Health Care Reform Law" (May 2007)
  • Panelist, "Massachusetts Health Care Reform Law:  Are You In Compliance," Massachusetts Restaurant Association (March and April 2007)
  • Panelist, “Massachusetts Health Care Reform Law: What Every Employer Needs to Know” (October and November 2006)
  • “Union Organizing & Corporate Campaigns” (May 2006)
  • Panelist, “Labor Law Basics,” Boston Bar Association Continuing Legal Education Seminar (November 2005)
  • “Minimizing Organizational and Personal Liability Risks Arising from Employment Terminations,” Personnel Law Update 2004, Council on Education in Management (November 2004)
  • “ERISA Alert: Why 401(k) Plan Fiduciaries Need To Care About Market Timing” (May 2004)
  • “The Decision-Making Process: Retain or Layoff,” and “How to Avoid the Legal Pitfalls of Layoffs”, Labor and Employment Seminar (March 2001)
  • “Understanding and Applying the Board’s Extension of Weingarten Rights to Non-Unionized Employees” (October 2000)

publications

  • Rewrite Author and Contributing Author, 2010 Cumulative Supplement to EMPLOYEE BENEFITS LAW (2nd edition)
  • Rewrite Author and Contributing Author, 2009 Cumulative Supplement to EMPLOYEE BENEFITS LAW (2nd edition)
  • Co-author, Tips for Responding to A Fair Share Contribution Audit by the Commonwealth of Massachusetts, MASSACHUSETTS RESTAURANT ASSOCIATION eNEWSLETTER (June 2009)
  • Legal Implications of Mental Health Issues, HUMAN RESOURCE EXECUTIVE ONLINE (May 2009)
  • National Labor Relations Board Preserves Employees' Right of Free Choice Under Neutrality and Card Check Agreements, MASSACHUSETTS BAR INSTITUTE, SECTION REVIEW (2008)
  • Contributing Author, 2008 Cumulative Supplement to EMPLOYEE BENEFITS LAW
  • All employers need to think about health care reform," BOSTON BUSINESS JOURNAL (December 8-14, 2006)
  • Much ado about nothing: the labor board’s new definitions regarding who is a supervisor, MASSACHUSETTS BAR INSTITUTE, SECTION REVIEW (2007)
  • Co-author, Employing in California? Beware of risks in employment agreements, MASS HIGH TECH (August 2, 2004)
  • Co-author, Chapter Three, CLASS ACTIONS IN THE LABOR AND EMPLOYMENT AREA: AN OVERVIEW- MASSACHUSETTS BAR CONTINUING LEGAL EDUCATION PUBLICATION (June 2003)
  • Employee Handbook Claims In Massachusetts After Fergusen v. Host International, Inc., MASSACHUSETTS BAR ASSOCIATION, SECTION REVIEW (Winter 2002)
  • Contributing Editor, THE DEVELOPING LABOR LAW (4th edition)
  • Co-author, Epilepsy Foundation Raises Questions About Scope of Federal Labor Law, MASSACHUSETTS BAR ASSOCIATION, SECTION REVIEW (Winter 2000)
  • Co-author, PURSUING AND RESPONDING TO CLAIMS OF RETALIATION (December 1999)
  • Note, The Erosion of Japanese Pacifism: The Constitutionality of the 1997 U.S.-Japan Defense Guidelines, CORNELL INTERNATIONAL LAW JOURNAL, Vol. 32 (Fall 1999)