Seth H. Borden

Partner

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Practices
Industries
Education
  • Brooklyn Law School, JD, 1997
  • Brandeis University, BA, 1995
Admissions
  • New York
  • Mashantucket Pequot Tribal Court
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York

Seth has been representing management in labor and employment matters since 1998. His traditional labor law practice is focused on labor-management relations, collective bargaining, response to union organizing, labor arbitration, and unfair labor practice investigations and litigation before the National Labor Relations Board.

Seth 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 hospitality and gaming, express freight delivery, food services, healthcare and movie exhibition industries.

Seth 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). Seth has testified before Congress on the issue of electronic communications in the workplace, spoken before numerous trade groups and employers’ associations, and has met with government officials to discuss management perspectives on labor law developments.

He 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, Legal 500 recognized Seth 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.

In the News

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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.

Advised a defense contractor in connection with its successful response to a union’s effort to organize a micro-unit of mechanics in a large California production facility.

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 energy company’s corporate officials and high-level managers as named defendants in federal employment and contract litigation brought by two sales representatives.

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.

Named to “New York Super Lawyers,” Labor and Employment, Super Lawyers, Thomson Reuters, 2012, 2014, 2015

Selected for inclusion as a “Leading Lawyer,” Labor Management Relations, Legal 500, 2013, 2014

Co-author, "A Midyear Summary of Labor Law Developments: Part 1 and Part 2," Law360, August 7 & 10, 2015