Seth H. Borden
Seth Borden is a partner in McKenna Long & Aldridge’s New York office and is a member of the firm’s Employer Services Group.
Mr. Borden has been representing management in labor and employment matters since 1998. His traditional labor law practice includes areas such as labor relations, collective bargaining, response to union organizing, labor arbitration, and unfair labor practice investigations and litigation before the National Labor Relations Board.
Mr. Borden has helped employers develop comprehensive enterprise-wide labor relations strategies, advised employers on dozens of union organizing efforts, and negotiated collective-bargaining agreements, for employers in the telecommunications, gaming, food service, logistics and produce wholesale industries. He has served as lead counsel in numerous arbitrations involving issues of discipline, termination, contract interpretation, discrimination and harassment, in the express freight delivery, food services, healthcare and movie exhibition industries.
Mr. Borden co-edits the blog Labor Relations Today dedicated to tracking key legislative, executive and administrative regulatory developments that significantly impact how employers interact with their employees and labor unions. He speaks regularly and is frequently quoted on the labor law implications of social media and other evolving technologies in the workplace, having authored the traditional labor law chapter of the first known treatise on the subject, Think Before You Click: Strategies for Managing Social Media in the Workplace, Thompson (2011). Mr. Borden has spoken before numerous trade groups and employers’ associations, and has met with government officials to discuss management perspectives on labor law developments.
Mr. Borden has also successfully represented clients in federal and state court litigation in matters arising under Equal Employment Opportunity laws, ERISA, the Family Medical Leave Act, Fair Labor Standards Act and other federal and state employment statutes; and, in administrative proceedings before the United States and New York State Departments of Labor, the New York Attorney General and other government agencies. He regularly provides advice and guidance to clients regarding personnel decisions, development of employee policies and handbooks, wage-hour issues, and related personnel matters.
In 2013 and 2014, the Legal 500 recognized Mr. Borden as one of the nation's leading lawyers in the area of Labor Management Relations. He has repeatedly been recognized as a New York Super Lawyer in the area of Labor and Employment law.
"The Unionization of College Athletics?" - Podcast - February 28, 2014.
- Negotiated what is widely believed to be the first collective-bargaining agreement under a Native American tribal labor statute, covering 2,400 employees at a tribal casino.
- Obtained summary judgment on pension fund’s ERISA suit against a Service Contract Act employer, dismissing claims for statutory liquidated damages on late-paid contributions made prior to commencement of suit.
- Obtained dismissal of foreign company’s corporate officials and high-level managers as named defendants in federal employment and contract litigation.
- Advised telecommunications company regarding impact of collective-bargaining obligations in connection with bankruptcy reorganization, and potential acquisition.
- Obtained summary judgment dismissal of race and national origin discrimination case brought by eight plaintiffs against freight delivery company alleging unlawful discipline, discharge and work assignments.
- Obtained favorable settlement of wage-hour claims threatened by terminated jewelry salesperson.
- J.D., Brooklyn Law School, 1997
- B.A., Brandeis University, 1995
- New York
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Southern District of New York
- Quoted: "Big NLRB Joint Employer Case May Steal McDonald's Thunder," Law360 (September 5, 2014).
- "NLRB Regional Director Orders Union Representation Election at NYC Bike Share, Unit to Include Seasonal Employees and Purported Supervisors," MLA Advisory (August 26, 2014).
- "DOL to Federal Contractors – Transgender Discrimination is Sex Discrimination," MLA Advisory (August 25, 2014).
- Quoted: "NLRB’s McDonald’s Ruling Raising Liability Concerns for Franchise Operators," Insurance Journal (July 31, 2014).
- Quoted: "Bergdorf's 'Micro-Unit' Win Cold Comfort For Employers," Law360 (July 29, 2014).
- Quoted: "Block's NLRB Renomination To Spark Partisan Hostility," Law360 (July 11, 2014).
- Quoted: "Noel Canning Ruling Casts Doubt On Regional Directors," Law360 (June 27, 2014).
- Quoted: "5 Big NLRB Cases Up For Review After Noel Canning," Law360 (June 26, 2014).
- Quoted: "NLRB Agenda Threatens Employers, Lawmakers Told," Law360 (June 24, 2014).
- Quoted: "Employers Watch For NLRB's Next Moves On DR Horton," Law360 (April 17, 2014).
- "President Obama Signs Two More Orders Aimed at Federal Contractor Pay Practices," MLA Advisory (April 9, 2014).
- Quoted: "5 Key Issues As Northwestern Appeals NLRB Game Changer," Law360 (March 27, 2014).
- Quoted: "Northwestern Football Players Get Approval to Unionize," The Wall Street Journal, March 26, 2014.
- "New OFCCP Regulations on Disabled and Veteran Hiring Go Into Effect; OFCCP Launches Additional Website Resources," MLA Advisory (March 24, 2014).
- "President Obama Directs Department of Labor to Revise Fair Labor Standards Act Regulations to Make Overtime Pay Available to Wider Range of Employees," MLA Advisory (March 14, 2014).
- "Is Florida...Truly Obnoxious," MLA Advisory (February 25, 2014).
- Quoted: "Trio Of Pro-Union Moves Threatens To Handcuff Employers," Law360 (February 6, 2014).
- "Deja Vu All Over Again: National Labor Relations Board Announces Proposed Rule-Making to Expedite Union Representation Elections," MLA Advisory, February 6, 2014.
- "Minimum Wage Hike May Be First Of Many New Labor Obligations For Federal Contractors," MLA Advisory, February 5, 2014.
- "Northwestern University Football Players File Union Representation Petition Seeking Collective Bargaining With the University," MLA Advisory, February 5, 2014.
- "Supreme Court Lets Ruling Stand; NLRB Given "Unreviewable Authority" to Investigate Employers Subject to the Railway Labor Act," MLA Advisory, January 31, 2014.
- The McKenna Long & Aldridge Labor Law 2013: A Year in Review - Labor Relations Today, January 2014.
- "Department of Labor’s Persuader Rule Postponed to March 2014," MLA Advisory, December 17, 2013.
- "Senate HELP Committee seeks to change federal contracting rules to disqualify employers with labor law violations," ACC – Lexology, December 13, 2013.
- “Think Before You Click: Strategies for Managing Social Media in the Workplace,” co-author, Thompson Publishing, July 2011.
- “Significant Labor Law Changes Will Bypass Congress,” Washington Post, January 17, 2011.
- "Labor Disputes Arising out of Social Media," The National Law Journal, September 28, 2010.
- “New Rule Requires Federal Contractors to Post Workplace Notice Advising Employees of Rights to Organize Union; Mandates Inclusion of Related Clause in all Government Contracts,” ACC – Lexology, June 1, 2010.
- “Final Rule on Project Labor Agreements Issued,” ACC – Lexology, April 26, 2010.
- "Key Remedial Elements of the Employee Free Choice Act That May Be Implemented Without Legislation," Bloomberg Law Reports: Labor & Employment, February 22, 2010.
- "What's Next for EFCA?," Law360, March 30, 2009.
- “The Employee Free Choice Act's Remedial Changes,” Law360, October 14, 2008.