Overview
Attorney Steve Swirsky has devoted his practice almost exclusively to advising and representing employers in complex labor relations matters and litigation. He represents clients in collective bargaining and proceedings before the National Labor Relations Board (NLRB), in transactions involving the sale and acquisition of unionized businesses and operations, and in organizing campaigns.
He also aids employers in developing and implementing strategies to remain union-free.
Employers grappling with difficult labor-management relations workforce problems value Steve’s creative solutions. Steve is a strategic advisor who has dedicated his career to understanding his clients’ priorities. He thinks outside the box to help his clients maintain compliant policies and productive workforce relations within union and non-union environments. Drawing on years of experience in private practice and at the NLRB, Steve crafts and implements strategies and solutions that achieve successful, long-term outcomes. He works tirelessly to preserve important management and decision-making rights for his clients.
For his many long-term clients, Steve helps tailor solutions based on his knowledge of their unique needs and his ongoing relationships with management teams. He represents employers across a range of industries while working behind the scenes to support in-house counsel in preparing for an arbitration or when serving as lead negotiator for a collective bargaining agreement. When faced with union organizing activity, he helps clients anticipate challenges and defends their actions before the NLRB. General Counsel rely on his advice in mergers and acquisitions to see around corners and spot risks within existing workforce obligations, contract terms, and pension liabilities.
Beyond traditional labor matters, Steve's litigation experience includes defending claims involving Title VII, ADEA, ADA, and other employment discrimination matters before state and federal courts and administrative tribunals, such as the EEOC and the New York State Division of Human Rights. He also prepares and revises employment and personnel policy manuals, and structures employment agreements.
Steve holds several leadership positions within Epstein Becker Green, including Chair of the firm’s Labor Management Relations practice group and member of the firm’s Board of Directors. He is a Fellow of The College of Labor and Employment Lawyers, a nonprofit professional association honoring the leading lawyers nationwide in the practice of labor and employment law, and a Fellow of the American Bar Foundation, a global honorary society of attorneys, judges, law faculty, and legal scholars whose public and private careers have demonstrated outstanding dedication to the highest principles of the legal profession and to the welfare of their communities.
Early in his career, Steve served as a field attorney with the NLRB at Region 29 in Brooklyn, New York. Steve is also a frequent contributor to the firm’s Management Memo blog, which he co-edits. He writes and speaks on a wide range of labor and employment law matters and serves on the boards of several not-for-profit organizations.
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Experience
- Successfully represented a major health care network and one of its hospitals in a novel and high-stakes arbitration with a nurses union that had objected to the network’s policy of requiring all registered nurses who did not possess a Bachelor of Science in Nursing (“BSN”) degree at the time of their hire to earn the BSN degree within five years of their hire date. The union challenged the policy after the hospital fired a registered nurse for not completing the degree. After Steve mounted a vigorous defense, the arbitrator ruled for Epstein Becker Green’s clients in all respects.
- Aggressively defended numerous unfair labor practice charges (despite having to navigate complexities arising from the COVID-19 pandemic) that were filed against a museum in the Northeast by a union representing construction workers. Because the pandemic forced the museum to temporarily close, Steve also convinced the union to agree to sensitive agreements that allowed the continuation of critical essential work during the closure, and Steve negotiated arrangements for the museum’s reopening.
- Helped a food services client stop a union organizing drive by the United Food and Commercial Workers International Union in a unit of the client’s drivers working out of a client’s facility in the Northeast. The union had petitioned for a representation election in a unit of approximately 35 drivers. Steve worked with, advised, and represented the client in this case. A majority of the voting-eligible drivers voted against union representation.
- Successfully represented a technology and manufacturing company in a Pennsylvania state court action to halt mass picketing by the Philadelphia Building & Construction Trades Council, and several of its member unions. The unions’ mass picketing commenced between 5:30 and 6:00 a.m. on Monday and Steve, working with local counsel, was in court just after 3:00 that afternoon. The court entered the injunction before 5:00 p.m. the same day.
- Provided urgent legal counsel to a supermarket chain faced with a petition filed with the NLRB by a labor union that was attempting to organize, and seeking to represent, all team members working at one of the client’s distributions centers. Steve and his group worked closely with the client’s leadership, general counsel, public relations firms, and consultants, providing legal and strategic advice on communicating with team members. The team members ultimately voted against union representation.
Recognition
- American Bar Foundation: Fellow
- The Best Lawyers in America©: Employment Law—Management; Labor Law—Management (2006 to 2025)
- The College of Labor & Employment Lawyers: Fellow
- Chambers USA: America’s Leading Lawyers for Business: New York—Labor & Employment, "Leader in Their Field" (2018 to 2024); New York—Labor Relations “Spotlight Table,” "Leader in Their Field" (2019 to 2024)
- Law360: One of only six Employment MVPs (2014)
- The Legal 500 United States, Labor–Management Relations (2012 to 2021, 2023)
- Litigation Counsel of America: Senior Fellow
- Martindale-Hubbell: Rated “AV Preeminent”
- New York Metro Super Lawyers®: Employment and Labor and Employment Litigation: Defense (2007 to 2013, 2020 to 2024)
Credentials
Education
- Fordham University School of Law (J.D., 1978)
- Member, Urban Law Journal
- Cornell University, School of Industrial and Labor Relations (B.S., 1975)
Bar Admissions
- New York
Court Admissions
- Supreme Court of the United States
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. Court of Appeals for the First Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals, Federal Circuit
- U.S. District Court, Eastern District of New York
- U.S. District Court, Southern District of New York
Professional & Community Involvement
- American Bar Association
- American Employment Law Council
- American Health Lawyers Association
- Association of the Bar of the City of New York
- Cornell University, Industrial and Labor Relations, Alumni Association
- Law360 Labor Advisory Board (2022)
- New York State Bar Association
- New York University School of Law: Advisory Board, Center for Labor and Employment Law
- Thomson Reuters Practical Law’s Labor & Employment Service, Advisory Board
Events
Past Events
Media
Books and Treatises
- How to Take a Case Before the NLRB, Chapter 20: "Picketing for Recognition or Organization" (editor) Bloomberg BNA and the American Bar Association (Ninth Edition, 2016; Tenth Edition, 2022)
- The Developing Labor Law: The Board, the Courts, and the National Labor Relations Act - Sixth Edition, with Cumulative Supplement - Chapter 9: "Restrictions on Preelection Activity: 'Laboratory Conditions'" (editor) Bloomberg BNA and the American Bar Association (2015)
- The Developing Labor Law: The Board, the Courts, and the National Labor Relations Act - Seventh Edition (editor) Bloomberg BNA and the American Bar Association (2018)
- Post-Acute Care Handbook: Regulatory, Risk, and Compliance Issues - Chapter 8: "Labor, Employment, and OSHA Issues" (co-editor, co-author) The American Health Lawyers Association (2014)
Insights
Insights
- Media CoverageSteven Swirsky Quoted in “Companies Aim to Defang the Federal Labor Board. Trump May Help.”2 minute read
- BlogsNew York State’s Retail Worker Safety Act – New Obligations for Retail Workers Coming in 20255 minute read
- Firm Announcements
Eighteen Epstein Becker Green Attorneys Named to the 2024 New York Super Lawyers and Rising Stars Lists
10 minute read - BlogsNLRB General Counsel Calls for Crack Down and Harsh Remedies for Non-Competes and “Stay or Pay” Provisions7 minute read
- BlogsNLRB General Counsel Calls for Harsh Remedies for Employers Requiring Non-Competes, "Stay or Pay" Provisions7 minute read
- BlogsNLRB Opens New Front in Campaign Against Contractual Restrictive Covenants, Now Targeting No-Poach Provisions in a ...4 minute read
- BlogsNLRB Issues Complaint Alleging Business-to-Business No-Poaching Agreements Violate Employees’ Rights in Latest ...4 minute read
- PublicationsCalifornia’s Exploration of the “Right to Disconnect” – What Does it Mean?Winter 20243 minute read
- Firm Announcements
Epstein Becker Green Attorneys Honored for Excellence in the Legal Profession by Best Lawyers 2025
14 minute read - BlogsWestern District of Texas Says NLRB Structure Unconstitutional, Issues Injunction Preventing SpaceX Unfair Labor ...3 minute read
- Media CoverageSteve Swirsky Quoted in “Where to Turn When Portfolio Company Workers Strike”5 minute read
- Blogs
Supreme Court Overturns Chevron—but for Stakeholders, the Impact Is No Cause for Alarm
5 minute read - BlogsChevron Is Overturned, but Stakeholders Need Not Worry5 minute read
- BlogsSupreme Court Rules NLRB 10(j) Injunctions Must Meet Higher Preliminary Injunction Standard in Blow to NLRB8 minute read
- Firm Announcements
Epstein Becker Green Honored for Exceptional Performance in Key Practice Areas by Chambers USA 2024
5 minute read - BlogsOSHA’s New Walkaround Rule Potentially Grants Union Representatives Access to Safety Investigations6 minute read
- Media CoverageSteve Swirsky Quoted in “Judge’s Decision Not the End for NLRB’s Joint Employer Efforts, Attorneys Say” ...5 minute read
- Media CoverageSteve Swirsky Quoted in “Labor Board Has Many Ways to Revive Broader Joint Employer Rule”2 minute read
- Media CoverageSteve Swirsky Quoted in “'Ping-Pong Game' Continues Over NLRB Joint Employer Rule”2 minute read
- Media CoverageSteve Swirsky Quoted in “Major US Corporations Threaten to Return Labor to ‘Law of the Jungle’”2 minute read
- Blogs
Fifth Circuit Redresses NLRB’s Tesla Decision but the Board Remains Undaunted
6 minute read - BlogsNew York State Bans Workplace “Captive Audience” Meetings4 minute read
- BlogsAnswering a Major Question No One Asked: NLRB Issues Final Rule on Joint-Employer Status5 minute read
- BlogsNLRB Issues Final Rule on Joint-Employer Status, Answering a Major Question No One Asked5 minute read
- Media CoverageSteve Swirsky Quoted in “Who’s Most Affected by NLRB’s Joint Employer Final Rule?”4 minute read
- Media CoverageSteve Swirsky Quoted in “NLRB Adopts Expanded Joint Employer Rule”3 minute read
- Media CoverageSteven Swirsky Quoted in “From NDAs to Overtime Pay, the Federal Government Is Reshaping Employee-Employer Relations” ...2 minute read
- Firm Announcements
Twenty-One Attorneys Named to the 2023 New York Super Lawyers and Rising Stars Lists
12 minute read - BlogsNLRB Delivers Labor Day Gifts to Unions9 minute read
- PublicationsGC Agenda: September 2023 – Labor & Employment6 minute read
- Firm Announcements
Epstein Becker Green Attorneys Recognized by 2024 Best Lawyers for Excellence in the Legal Profession
12 minute read - Blogs
Insights into the NLRB’s Stericycle Decision and Its Implications for Employer Handbooks: Navigating Workplace Policy ...
5 minute read - Blogs
Employer Handbooks and Policies Will Face More Scrutiny Under Stericycle, Inc. - NLRB Reverses a Prior Reversal ...
5 minute read - Media Coverage
Epstein Becker Green Attorneys Mentioned in Business Today
1 minute read - BlogsBiden NLRB Reverts to Obama Era Independent Contractor Test: Test Previously Rejected by DC Circuit7 minute read
- BlogsSupreme Court Recognizes Employer Right to Damages From Unions When Certain Types of Strike Activity Results in Economic ...5 minute read
- Firm Announcements
Epstein Becker Green Earns National Recognition and High Rankings in the 2023 Edition of Legal 500
3 minute read - Firm Announcements
Epstein Becker Green Recognized for Focused Excellence Across Core Practice Areas in Chambers USA 2023
5 minute read - BlogsNLRB General Counsel Now Targeting Noncompetes for Nonmanagerial and Nonsupervisory Employees6 minute read
- BlogsNLRB General Counsel Issues Memo Targeting Noncompete Agreements for Nonmanagerial and Nonsupervisory Employees ...6 minute read
- BlogsNew Jersey Creates Website to Provide Guidance for Recently Enacted Temporary Workers’ Bill of Rights4 minute read
- BlogsRacist, Sexist, and Threatening Behavior Is Fine in the Workplace as Long as You Connect It to Union Activity: The Return of ...6 minute read
- Media CoverageSteve Swirsky Quoted in “Investor Proposals Turn Up Heat in Organizing Campaigns”3 minute read
- Blogs
NLRB GC’s McLaren Macomb Memo Provides Murky and Ominous Guidance on Board’s Prohibitions on Non-Disparagement and ...
11 minute read - Blogs
Non-Clarified - The NLRB GC’s McLaren Macomb Memo Provides Murky and Ominous Guidance on Board’s Prohibitions on ...
11 minute read - PublicationsNew Jersey Enacts a Temporary Workers’ Bill of Rights12 minute read
- BlogsNon-Disparagement, Non-Disclosure, Non-Allowed: The NLRB Finds Unlawful Confidentiality and Non-Disparagement ...6 minute read
- BlogsThe NLRB Finds Unlawful Confidentiality and Non-Disparagement Provisions in Severance Agreements: Non-Disparagement ...6 minute read
- BlogsNew York HERO Act Enhanced Workplace Safety Committee Enforcement Provisions Enacted3 minute read
- BlogsNY Warehouse Workers Protection Act Requires Employer Disclosure on Mandated Work Speed and Quotas and Offers Protection ...5 minute read