Susan S. Robfogel

My focus

Currently, I focus my practice on counseling clients in the life sciences and healthcare industries on labor and employment as well as regulatory and transactional matters.

Labor Relations

I advise clients on their rights and obligations in labor relations disputes involving collective bargaining agreements and other matters under the jurisdiction of the National Labor Relations Act including union organizing and unfair labor practice proceedings. I have represented some of the largest healthcare systems in the country in responding to union corporate campaigns and I represent organized employers confronting bankruptcy on the collective bargaining aspects of bankruptcy proceedings.

Employment

I counsel employers on federal, state and local employment laws including those related to discrimination, harassment and wage and hour rules. I am particularly interested in the work I am doing as independent counsel to boards of directors on these matters and in their relationships and contracts with their executives.

Regulatory

I counsel healthcare providers on their statutory obligations and represent them in proceedings before federal and state regulatory bodies, including fraud and abuse rules and certificate of need applications.

Transactional

I represent healthcare and life sciences clients in mergers and acquisitions and in corporate reorganizations.

Representative experience

Mrs. Robfogel has lectured extensively on employment topics to many different audiences across the country. She coauthored, with her partner Eugene D. Ulterino, “Drugs and Alcohol: What About Employer Rights?” for the Council on Education in Management. She is an annual contributor to The Developing Labor Law and authored an article for the American Bar Association periodical The Labor Lawyer entitled “Electronic Communication and the NLRA: Union Access and Employer Rights.” She has been cited for outstanding community service, as well as in recognition of her contributions to the field of law and the community at large.

She is a member and immediate past chair of the Board of the Office of Compliance, an independent agency within the U.S. Congress established to administer the application of various civil rights, labor, and workplace laws to Congressional employees.

In 1981 she was appointed by President Reagan to the Federal Service Impasses Panel, the agency responsible for resolving collective bargaining disputes in the federal sector. She completed three terms on the panel.

Looking ahead

I follow recent appointments to the National Labor Relations Board and to the Labor Department. I anticipate an uptick in union organizing and increasing hurdles to resisting unionization.