Law and the Workplace
Photo of Scott Faust

Scott Faust

Partner

Scott A. Faust is a partner in the Labor & Employment Law Department, co-head of the Strategic Corporate Planning Group and a member of the Labor-Management Relations Group. He focuses his practice on all aspects of labor and employment law, and regularly handles collective bargaining negotiations, arbitration, mediation, counseling and litigation of labor and employment disputes on behalf of his clients.

Labor-Management Relations

Scott represents employers in collective bargaining negotiations, grievance arbitrations, union organizing campaigns, work stoppages, labor injunction proceedings and proceedings before the National Labor Relations Board. He also has extensive experience advising distressed companies and their creditors, as well as buyers and sellers involved in M&A transactions in labor-intensive industries. Scott has negotiated numerous collective bargaining agreements with the United Steelworkers in more than a dozen U.S. states as well as in Canada. He also has negotiated agreements with the United Auto Workers, Canadian Auto Workers, SEIU, Teamsters, Machinists, Operating Engineers, Carpenters, Painters, United Plant Guard Workers, Electrical Workers, Sheet Metal Workers, Chemical Workers, Food and Commercial Workers, Massachusetts Nurses Association and Typographers unions.

Employment Litigation and Counseling

Scott represents employers in labor and employment disputes in state and federal courts and administrative agencies, as well as in mediation and arbitration. Cases he has handled include matters involving wrongful discharge, ERISA, employment discrimination, related employment torts, enforcement of and challenges to non-competition agreements, and administrative proceedings before state and federal agencies. He has litigated cases in state and federal courts in Massachusetts, Pennsylvania, West Virginia, Ohio, Utah, Colorado and North Carolina, including appeals to the U.S. Courts of Appeals for the First and Tenth Circuits.  He also provides day-to-day counseling on general employment matters, including equal employment opportunity and discrimination issues, development of employment policies, workplace restructuring, and employment law compliance.

Thought Leadership

Scott has published articles and given recent presentations on such subjects as Labor and Employee Benefits Issues in Corporate TransactionsIssues and Opportunities in Labor Intensive M&A TransactionsTrends in Private Sector Collective BargainingElectronic Workplace Monitoring and SurveillanceDuty to Provide Information in BargainingNLRA Compliance Issues, and Strikes in the Health Care Industry. Scott has been ranked in Chambers USA as a leader in labor and employment law.

Subscribe to all posts by Scott Faust

SJC Finds Commissions Lost Due to Retaliation Are Subject to Trebling

In a February 12, 2020 decision, Parker v. EnerNOC, Inc., SJC-12703, the Massachusetts Supreme Judicial Court held that the full commission which would have been due to an employee had she not been retaliated against and terminated is a “lost wage” eligible to be trebled under the Wage Act. While employed by EnerNOC, the plaintiff … Continue Reading

Rhode Island General Assembly Passes Paid Sick Leave Law

On September 19, 2017, the Rhode Island General Assembly passed The Health and Safe Families and Workplace Act (the “Act”), House Bill 5413B and Senate Bill 0290B, respectively, guaranteeing roughly 90 percent of the state’s workforce the opportunity to earn paid sick and safe leave.  The Governor has already indicated that she will sign the … Continue Reading

Massachusetts Senate Passes Pregnant Workers Fairness Act

The Massachusetts Senate has unanimously voted to pass “An Act Establishing the Massachusetts Pregnant Workers Fairness Act” (“MPWFA”) in an effort to make sure that pregnant and nursing employees receive the same protections under Mass. Gen. Laws Chapter 151B as do other protected classes of employees. The bill, which had previously unanimously passed in the … Continue Reading

New Massachusetts Law Entitles Employees to Domestic Violence Leave

On August 8, 2014, Massachusetts Governor Deval Patrick signed into law a far-reaching Act designed to combat the problems of domestic violence. Notably, the Act became effective immediately upon the Governor signing it into law. Though the Act is tailored largely toward law enforcement programs and training, as well as increased penalties for criminal acts … Continue Reading

Release of 2012 Advice Memo Pulls Together Principles Applied by the NLRB in Evaluating Employer Social Media Policies

A 2012 Advice Memo from the National Labor Relations Board’s General Counsel, which was publicly released two weeks ago in response to a Freedom of Information Act request, addresses a number of hot social media topics affecting the workplace. This alert takes a closer look at the Advice Memo, which concludes that portions of Giant … Continue Reading
LexBlog

Proskauer and our platform provider LexBlog each use cookies to personalize content and ads, to provide social media features and to analyze traffic. Each of us also share information about your use of our site with our social media, advertising and analytics partners. If you are happy for us to store these cookies on your device please click ‘Accept Cookies.' For more information, please see here and here.

OK