Anderson

Allison Anderson

Partner
Co-Chair, Labor & Employment Practice
Boston

Clients come to me for solutions-driven employment and labor advice that prioritizes business goals and resolves complex workplace disputes.  

Allison Anderson represents businesses before the National Labor Relations Board and in labor arbitrations and collective bargaining involving unions. She also has extensive experience litigating non-compete and theft of trade secret cases and defending clients in single-plaintiff and class action wage and hour lawsuits.

She has experience across a wide-range of industries, including life sciences, cannabis, retail, hospitality and financial services. She represents management in discrimination and harassment cases before federal and state courts and administrative agencies. 
 

Allison also provides day-to-day counseling on all aspects of the employment relationship from hiring, layoffs, disciplinary matters and workplace investigations. Allison provides manager and employee training on EEO and wage and hour compliance.  

In the labor space, she regularly litigates representation and unfair labor practice cases before the NLRB across the Regions. She also advises clients on labor relations matters, including contract negotiations and other union disputes. 

Allison is the Management Co-Chair for Region One of the ABA’s Practice and Procedure Under the NLRA Committee. In this role, Allison closely monitors labor trends affecting businesses nationwide. She is also a frequent speaker and thought-leader on developing issues across the labor and employment space.

Education

  • Boston College Law School, J.D., magna cum laude, 2013
  • Macalester College, B.A., magna cum laude, 2008

Bar and Court Admissions

BAR ADMISSIONS
  • Massachusetts
COURT ADMISSIONS
  • U.S. Court of Appeals for the First Circuit

Experience

LABOR

  • Represented clients regarding unfair labor practice charges before the NLRB, including litigating CB charges against unions for bad faith bargaining and defending CA charges related to bargaining, discipline and policy changes.
  • Won multiple labor arbitrations related to contract and disciplinary disputes on behalf of numerous clients in retail, hospitality, and energy industries. 
  • Demonstrated supervisory status of longstanding unit position in unit clarification petition litigated before the NLRB.
  • Negotiated first-of-its-kind project labor agreement for offshore wind farm. 
  • Successfully represented multiple clients with respect to union representation petitions on behalf of clients in cannabis and energy. 
  • Represented numerous clients in the negotiation, and implementation of card check and neutrality agreements for union organizing, including advising on labor peace agreements for numerous cannabis companies in various jurisdictions.
  • Represented clients in collective bargaining, including litigation before the NLRB relating to negotiations.

EMPLOYMENT
  • Won jury verdict on behalf of life sciences consulting firm related to federal and state trade secret and tortious interference claims in the Federal District Court of Massachusetts. 
  • Successfully defended investment firm in litigation in Delaware Chancery Court involving hiring of numerous top-level employees, including defeating preliminary injunction motion. 
  • Obtained a preliminary injunction on behalf of a pharmacy business in the Federal District Court of Rhode Island involving enforcement of a non-competition agreement, and later defeating an appeal of that order before the First Circuit Court of Appeals.
  • Successfully negotiated numerous non-competition agreements on behalf of hiring employers, and advised numerous clients seeking enforcement of such agreements. 
  • Counseled clients on evolving developments related to COVID-19, including layoffs, rehiring, unemployment matters, safety rules, and accommodations. 
  • Won summary judgment on behalf of biotech company in lawsuit by former employee bringing discrimination claims.
  • Negotiated favorable dismissal of discrimination lawsuit against foreign embassy. 
  • Defeated motion for class certification on behalf of financial services company in lawsuit challenging use of independent contractors for information technology functions.
  • Won summary judgment on behalf of telecommunications company in lawsuit by former employee seeking unpaid commissions, and later prevailed before Massachusetts Appeals Court upholding dismissal.
  • Successfully tried a case before the Massachusetts Commission Against Discrimination on behalf of a university client against a pregnancy discrimination claim. After a multi-day hearing, Complainant voluntarily withdrew her charge with prejudice without seeking any settlement.
  • Defeated “serious and willful” misconduct claim against waste disposal company before the Massachusetts Department of Industrial Accidents, and also won reversal of grant of unemployment benefits to terminated employee on behalf of the same company.
  • Represented clients in multiple putative class action litigations including: claims under the Massachusetts independent contractor law, and claimed violations of the Massachusetts Wage Act.
  • Won dismissal of discrimination claims against individual defendants, including CEO and Board Chairman, in federal court.
  • Successfully defended discrimination claims before the Massachusetts Commission Against Discrimination, with numerous complaints dismissed at the earliest possible stage.
  • Won voluntary dismissal with prejudice of ERISA denial of benefits case, without any monetary settlement, in Massachusetts federal court on behalf of pharmaceutical company.
  • Advised numerous clients regarding employment policies and procedures, including drafting policies and procedures and counseling on compliance with local, state and federal laws.
  • Provided many customized employment law trainings on sexual harassment, disability and discrimination laws, wage and hour laws, hiring, and performance management.

Publications

  • ABA Labor and Employment Section Committee on Practice and Procedure under the NLRA, Evaluating NLRB Action Under the Obama Administration in Historical Context, March 2017
  • Chapter editor, FLSA Midwinter Report (2014-present)
  • ABA Eighth Annual Labor & Employment Law Conference Panel Presentation, Summaries of Significant NLRB and Court Decisions and NLRB Proposed Rules, Sept. 1, 2013 through Sept. 20, 2014
  • Co-author, "Employment Law: 'But for' a Criminal Case," ABA Labor and Employment Law newsletter (with Michael Rosen, Summer 2014, Volume 42, Number 4)
  • MCLE Employment Law Spring Symposium 2014, Disability-Based Associational Discrimination: Creating a Cause of Action Not Anticipated Under the Law

Foley Hoag Publications

Honors & Involvement

HONORS
  • The Best Lawyers in America: Ones to Watch
INVOLVEMENT
  • American Bar Association, Labor and Employment Section
  • NLRB Practice and Procedure Committee, Regional Co-Chair (2017-present)

Speaking Engagements

  • Speaker, “Do You Think It’s Alright: NLRB Rulemaking” ABA Annual P&P Under the NLRA Committee Conference (March 2021)
  • Speaker, "State Attorneys General and COVID-19, What Businesses Need to Know," Webinar (April 2020)
  • Moderator, “NLRB Basics: An Interactive Labor Law Primer,” ABA Annual Labor and Employment Law Conference (November 2019)
  • Panelist, “Dealing with Unions in the Workplace,” Lex Mundi Labor and Employment Employee Benefits and Pensions Joint Practice Group Global Meeting (May 2019)
  • Featured Speaker, "Responding to Sexual Harassment Complaints: A Legal and PR Perspective," Foley Hoag Labor & Employment seminar (December 2017; February 2018)
  • Speaker, "Human Resources Law A to Z," National Business Institute (November 2017)
  • Featured Speaker, Annual Foley Hoag Labor & Employment Seminar (2016-present)
  • Speaker, “Joint Employment: The Changing Landscape of the Gig Economy,” MassALA Annual Conference (November 2016)
  • Speaker, "OSHA and Department of Labor Standards: Are You in Compliance?" MassALFA (October 2014)