Philip S. Mortensen

Philip S. Mortensen has been representing both private and public sector employers in labor and employment law matters for over thirty years. Prior to joining Barton, Phil was with Jackson Lewis and Kreitzman, Mortensen & Borden.

Phil’s Labor Law practice has concentrated in the areas of union avoidance, collective bargaining, National Labor Relations Board litigation and arbitration.

Phil’s Employment Law experience extends from drafting employee handbooks to working closely with managers and training supervisors to ensure compliance with all applicable laws such as equal employment opportunity laws and wage/hours laws. He has conducted many on-site, in-depth “Risk Review” meetings with management in order to make certain of employer’s compliance with Federal and State anti-discrimination laws, to identify potential risks and exposures, and to recommend appropriate and lawful action in order to rectify those potential vulnerabilities. In both administrative proceedings as well as related court litigation, Phil has represented and defended management in numerous employment discrimination actions.

Phil is a member of the American Bar Association, New York State Bar Association, the Association of the Bar of the City of New York, and The Florida Bar. He has authored various comments and articles regarding NLRB case law developments and recommended management approaches to Equal Employment Opportunity issues.

Practices:

• Arbitration
• Executive Compensation and Separation
• Internal Investigations
• Labor and Employment Disputes
• Labor, Employment, and Executive Compensation
• Regulatory Investigations and Enforcement

Industry Experience:

• Art, Fashion, Beauty, and Design
• Construction
• Entertainment
• Food and Hospitality
• Healthcare
• Logistics
• Manufacturing and Distribution
• Media and Publishing
• Technology

Memberships:

• American Bar Association
• Association of the Bar of the City of New York
• New York State Bar Association
• The Florida Bar

Education:

• Suffolk University, J.D.
• Pennsylvania State University, B.S.

Admissions:

• State of New York
• State of Florida
• U.S. District Court, Southern District New York
• U.S. District Court, Eastern District New York
• U.S. District Court, Middle District Florida
• U.S. District Court, Connecticut
• U.S. Court of Appeals, Fifth Circuit
• U.S. Court of Appeals, Seventh Circuit
• U.S. Court of Appeals, Eleventh Circuit
• U.S. Court of Appeals, Ninth Circuit
• U.S. Supreme Court

Attorney Articles:

• “Sexual Harassment in the Workplace: Are You Prepared?” Concrete in Focus, Official Publication of the National Ready Mixed Concrete Association. (Fall 2018).
• “Union Threats: The Rules of the Game Have Changed!” Concrete in Focus, Official Publication of the National Ready Mixed Concrete Association. (Winter 2015).
• “The Impact of Limiting Collective Bargaining Rights.” Thomson Reuters/Aspatore Special Report. (2011).
• “The Impact of the Lilly Ledbetter Fair Play Act of 2009.” Thomson Reuters/Aspatore Special Report. (2009).