Union efforts shake up employment law landscape

Law firms report more client inquiries in their labor practices amid rising union representation petitions filed at the NLRB.

By Jacob Polacheck | April 20, 2022 at 09:44 AM

strators rally in Union Square Park in support of Amazon warehouse workers in Bessemer, Alabama who are seeking to form a union. During the first six months of fiscal year 2022, union representation petitions filed at the NLRB have increased 57%—up to 1,174 from 748 during the first half of 2021. (Photo: Ben Von Klemperer/Shutterstock.com)

Amid high-profile unionization efforts across the country, labor and employment attorneys report seeing an influx of work and they are shifting resources to handle client inquiries. Employee labor activities are moving into the forefront among a few prominent examples in the news, such as workers at an Amazon warehouse in Staten Island and workers at Starbucks stores voting to unionize.

According to the National Labor Relations Board, during the first six months of fiscal year 2022, union representation petitions filed at the NLRB have increased  57%—up to 1,174 from 748 during the first half of 2021.

Recommended For You

Swift Currie managing partner Mike Rosetti says his Atlanta-based firm has seen rising work as a result of the increased unionization efforts.

"Our labor and employment lawyers are definitely being kept busy by the issues that our clients are experiencing in that field," Rosetti said. "We've seen a lot of employment-related inquiries and have been shifting resources to accommodate those inquiries."

With the increase in union petitions, Richard Vitarelli, the co-chair of Jackson Lewis' labor relations group, said clients are asking questions to understand the NLRB process and what it involves.

"They want to understand what's lawful in terms of communications. They want to understand what their legal rights are, what the legal rights and responsibilities of the employees are as well," Vitarelli said in an interview. "If you look at the penetration in the private sector, you've got under 7% unionization. In a lot of ways, what we do is we teach people what the labor laws provide for so that they can have a better understanding of the rights of the employees and the rights of the companies." 

However, Vitarelli said that since the firm's labor work is "much more diverse than that one component", it remains difficult to say exactly how much more business the firm has seen from the increase in union-related inquiries.

"A lot of our work comes from unionized clients being able to work on an ongoing basis with the unions, including in the context of transactions and day-to-day management and operations," he said. "We've always had the full range of labor services that we provide our clients, so it's hard to tell at this point what impact … new organizing has had on the firm because it's still relatively recent." 

For Atlanta-based law firm Fisher Phillips, the rise in union efforts has resulted in an opportunity to give more real-world training for its labor and employment lawyers.

"Traditionally, we've worked hard to grow that group, but nothing is a better developer of talent than real-world challenges like the ones our clients face today," said Steven Bernstein, the co-chair of Fisher Phillips' labor relations practice group and the managing partner of the firm's Tampa office.

Bernstein notes some union activity is a result of middle and senior-level lines of management lacking contact with employees during the pandemic, driving "perceptions of alienation."

"When you're dealing with the workplace that, to some extent, has moved towards a teleworking model, that makes it more difficult to reach out, connect and establish touchpoints with your workers," he said. "That can contribute to union activity in and of itself." 

Bernstein said he anticipates that the future of the labor and employment practice is "largely unwritten" and the changing practice area is resulting in new opportunities in communicating with clients.  "We're really seeing everything unfold at light speed during these interesting times," he said.

NOT FOR REPRINT

© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Jacob Polacheck

Jacob Polacheck covers law firms and business of law news in Atlanta and Georgia. He can be reached at [email protected] and on Twitter @JacobPolacheck

By Reid Rasmussen | April 29, 2025

Join me for “Leadership in the AI Age” on Tuesday, May 6 at 3:05 PM pm on May 6th at the BenefitsPRO Broker Expo, and come ready to take action.

Leadership in the AI age: Why soft skills are your hard advantage (Expo preview)

By Kristen Smithberg | April 28, 2025

According to the survey, European workers are worried that the harmful shift in workplace norms could be influenced by U.S. leadership, including the Trump administration and Elon Musk.

One-third of Europeans would quit if companies adopt U.S. work policies

By Rae McMahan | April 25, 2025

Prescription costs will keep going up. But one way to contain pharmacy benefit costs all comes down to what’s on the drug list.

Rebate-driven formularies: Hidden costs and misaligned incentives for employers
Best Practices for Modern Leave Management link

Guide

Sponsored by isolved

Leave management can be costly and complex for your clients’ HR teams. You can help them reduce compliance risks and alleviate administrative burdens. This guide outlines best practices for federal and state job-protected leaves. Equip yourself with solutions to streamline leave management and position yourself as a strategic partner.

The Insider's Guide to Reliable Provider Directories for Brokerages and FMOs link

Guide

Sponsored by Zelis

The accuracy of your provider directories is vital to shaping your success. The guide provides actionable insights and best practices for ensuring the data you rely on is precise and trustworthy.

How One Employer Helped 1 in 3 Employees Improve Blood Pressure link

Case Study

Sponsored by Labcorp

High blood pressure affects nearly half of U.S. adults, increasing the risk of heart disease and stroke. This case study explores how an employer-sponsored wellness program helped approximately 1 in 3 employees improve their blood pressure risk level.