Francine Esposito

Experience

Handled hundreds of labor arbitrations, including discharge and contract interpretation cases

Represented clients in numerous unfair labor practice proceedings before the National Labor Relations Board (NLRB)

Advised employers regarding administration of collective bargaining agreements and bargaining obligations with unions under the NLRA, while planning and implementing business change

Served as lead negotiator or legal advisor to company negotiators during negotiations of collective bargaining agreements in industries, such as healthcare, hospitality, maintenance, utilities and automotive, resulting in significant cost savings and/or operational flexibility

Regularly conducted employment-related training for clients nationally and internationally, resulting in decreased manager mistakes that result in employer liability, and one-on-one counseling for executives as prompt remedial action of various complaints

Represented employers before the EEOC and various state anti-discrimination agencies and in litigation, but also successfully resolved numerous harassment and discrimination claims in such agencies and court for minimal amounts and without adverse publicity to the defendant employers

Successfully devised or negotiated resolution of various employment-related disputes prior to litigation or soon after complaint

Practice Areas

For over 30 years, Francine Esposito has represented employers nationwide at labor arbitrations, before various administrative agencies (including but not limited to the NLRB, OSHA and EEOC) and in employment-related litigation. Francine has extensive experience in assisting employers to avoid legal disputes by conducting compliance audits and workplace investigations, designing and presenting training, and advising on a wide array of labor and employment-related issues, including but not limited to:

- Discrimination, harassment and retaliation

- Leave and accommodation issues

- Compliance with labor law and the negotiation and administration of collective bargaining agreements

- Effective employee relations and union organizing drives

- Workforce impact of purchases, sales and relocations of businesses

- Discipline, discharge and reductions-in-force

- Effective and legally-compliant employment policies

- Separation, employment and non-compete agreements

- Background checking

- Wage and hour compliance

- Employee safety and health

Francine has assisted employers in effecting business change and cost savings during collective bargaining, and advised employers in various labor disputes.

Francine has represented employers in various industries, including hospitality, banking, logistics, technology, media, healthcare, retail, casino, accounting, real estate, engineering and construction, utility and higher education.

Prior to becoming an attorney, Francine worked as a human resources/labor relations professional for two Fortune 100 companies.

Admitted in these jurisdictions and courts:

- State of New Jersey, 1993

- U.S. District Court, District of New Jersey, 1993

- U.S. District Court, Eastern District of New York, 2000

- U.S. District Court, Southern District of New York, 2000

- U.S. Court of Appeals for the Third Circuit, 1998

Professional Memberships

American Bar Association, Section of Labor and Employment Law

New Jersey State Bar Association, Labor and Employment Law Section

Society for Human Resource Management

Society for Human Resource Management (SHRM)

Publications

Co-author, "In a Blow to Employers' Ability to Defend Against Union Organizing Drives, NLRB Outlaws Mandatory Captive Audience Meetings," Day Pitney Alert, November 15, 2024

Co-author, "NLRB GC Proposes Significant Penalties for Employers' Use of Non-Compete and Stay-or-Pay Agreements," Day Pitney Alert, October 11, 2024

Co-author, "Supreme Court’s Clarified Standard Makes It Harder for NLRB to Obtain Injunctions," Day Pitney Alert, June 18, 2024

Co-author, "Cos. Must Stay On Alert With Joint Employer Rule In Flux," Law360, May 29, 2024

Co-author, "EEOC's New Guidance on Workplace Harassment Being Challenged," Day Pitney Alert, May 21, 2024

Co-author, "U.S. Department of Labor Increases Exempt Salary Thresholds," Day Pitney Alert, May 20, 2024

Co-author, "Union Officials and Other Non-Employees Now Allowed in OSHA Inspections," Day Pitney Alert, May 14, 2024

Co-author, "NLRB’s Proposed Joint Employer Rule Is Still in Flux," Day Pitney Alert, May 8, 2024

Co-author, "NLRB General Counsel Clarifies Limits on Broad Confidentiality and Non-Disparagement Provisions in Employment Documents," Day Pitney Advisory, May 23, 2023

Co-author, "NLRB Limits Use of Confidentiality and Non-Disparagement Provisions," Day Pitney Alert, March 7, 2023

Co-author, "New York Law Prohibits Employers From Disciplining Employees for Lawful Absences," Day Pitney Alert, December 20, 2022

Co-author, "Labor Law Updates of Concern to All Employers," Day Pitney Alert, November 28, 2022

Co-author, "Have You Told Your Employees About Their Rights? New Workplace Posting and Distribution Requirements," Day Pitney Alert, November 17, 2022

Co-author, "The 'STOP WOKE Act' – Florida's Attempt to Prohibit Mandatory Employee Diversity Training Put on Hold for Now," Day Pitney Advisory, October 21, 2022

Co-author, "DOL Shakes Up Employee/Independent Contractor Distinction Again," Day Pitney Alert, October 17, 2022

Co-author, "EEOC'S Updated COVID-19 Guidance Places Additional Restrictions on Employers," Day Pitney Alert, June 20, 2022

Co-author, "NJ Court Holds First Amendment Does Not Prohibit Employee Discharge for Racially Insensitive Post," Day Pitney Advisory, June 8, 2022

Co-author, "New York City Council Votes to Amend Pay Transparency Law and Extend Effective Date to November 1, 2022," Day Pitney Alert, May 2, 2022

Co-author, "The 'Other' ADA Claim – Website Accessibility Under Title III," Day Pitney Advisory, April 28, 2022

Co-author, "Do You Know Where Your Employees Are? The Risks of Remote Work," Day Pitney Alert, April 11, 2022

Co-author, "Employers Must Provide Written Notice of Tracking Devices in Vehicles Used by Their Employees," Day Pitney Alert, March 21, 2022

Co-author, "Massachusetts Ends COVID-19 Emergency Paid Sick Leave Program," Day Pitney Alert, March 11, 2022

Co-author, "2021 Recap and What's New for 2022: Updates to New Jersey Employment Law," Day Pitney Alert, January 19, 2022

Education