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Robert A. Fisher
Partner
Boston
Robert Fisher advises and represents employers in all aspects of labor and employment law, including union disputes, discrimination/harassment claims, benefits issues, and contractual disputes. He has extensive experience in ERISA litigation, including claims under the Multiemployer Pension Plan Amendments Act. He also frequently represents employers in wage and hour lawsuits, including those brought as putative class actions. In addition, he regularly represents both plaintiffs and defendants in non-compete litigation, including cases involving requests for injunctive relief.
Robert regularly practices before state and federal courts and before administrative agencies, such as the Massachusetts Commission Against Discrimination (MCAD) and the National Labor Relations Board (NLRB). He has served as trial co-counsel in NLRB unfair labor practice cases, in federal court and in a MCAD public hearing. He also has tried numerous arbitrations before the American Arbitration Association and other ADR organizations.
Robert has successfully prepared and argued motions to dismiss and for summary judgment. He has also drafted appellate briefs to the United States Court of Appeals for the Third, Fourth, and District of Columbia Circuits, the Massachusetts Appeals Court, and the Supreme Judicial Court of Massachusetts.
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
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
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
Contributing Editor, Cumulative Supplement to EMPLOYEE BENEFITS LAW (forthcoming)
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).
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