Phil Moss is Of Counsel in both the New England and Boston offices. He has practiced exclusively in the area of employment law and labor relations, representing management, since 1975. Phil's experience encompasses all facets of labor and employment law, including advice to employers on union election campaigns and preventive labor relations; defense of unfair labor practice charges, wrongful discharge suits, and complaints of discrimination on account of race, sex, age or disability; advice and representation of employers in OSHA investigations and defense of OSHA citations; prosecution of suits against unions for injunctive relief and damages under Sections 301 and 303 of the LMRA; and collective bargaining negotiations and grievance arbitration. He has successfully managed numerous NLRB representation cases for employers, including multi-state campaigns involving 1,000+ eligible voters. Phil is "AV" Peer Review Rated by Martindale-Hubbell and has been recognized in New England Super Lawyers since 2007. He has been listed in Chambers USA, America's Leading Business Lawyers since 2008 and in The Best Lawyers in America since 2008.
- Collective bargaining negotiations with the Teansters, Steelworkers, IBEW, UFCW and other unions. In one case, Phil renegotiated a union contract for an employer in Ohio that reduced the employer's costs by approximately $100,000 per year, and negotiated termination of a second union contract for this employer based on transfer of all the bargaining unit work to another location.
- For 35 years, the Maine Department of Labor held that drivers in interstate commerce were not entitled to overtime, based on an opinion issued by the office of the Maine Attorney General. When that opinion was shown to be wroing, a number of drivers sued to recover unpaid overtime. Phil persuaded the Maine Supreme Judicial Court that Maine's wage law did exclude interstate drivers from overtime, on the grounds that the Maine Legislature had acquiesced over the years in the state DOL's interpretation of the wage law. Thompson v. Shaw's Supermarkets, Inc., 2004 ME 63, 847 A.2d 406 (Me. 2004).
- Phil obtained awards requiring a plaintiff's attorney in Massachusetts to pay over $106,000 in costs and attorneys fees for bringing frivolous lawsuits against Phil's clients.
U.S. Supreme Court
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 for the District of Columbia Circuit
U.S. District Court for the District of Maine
U.S. District Court for the District of Massachusetts
Maine Supreme Judicial Court
Supreme Judicial Court of Massachusetts
Jones Motor Co. v. Teamsters, 671 F.2d 38 (1st Cir. 1982) (reversing the district court and ordering summary judgment for the company on issue of union's liability for wildcat strike)
Charves v. Western Union Telegraph Co., 711 F.2d 462 (1st Cir. 1983) (affirming award to Western Union of $25,000 in attorneys' fees for defense of frivolous claim of sexual discrmination and harassment)
Georgia-Pacific Corp. v. Local 27, Paperworkers, 864 F.2d 940 (1st Cir. 1988) (reversing the district court and entering judgment vacating arbitrator's award for exceeding his authority)
Thompson v. Shaw's Supermarkets, Inc., 2004 ME 63, 847 A.2d 406 (Me. 2004) (dismissing overtime claims on grounds that the Maine Legislature had demonstrated acquiescence in interpretation of Maine law that adopted the Motor Carrier Exemption under federal law)
Member, Maine and American Bar Associations
Five Fisher & Phillips Attorneys Listed in 2013 New England Super Lawyers
October 21, 2013