
Overview
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.
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
Education and Credentials
Education
- Rutgers School of Law-Newark, J.D., 1993
- Cornell University, School of Industrial and Labor Relations, B.S., 1987
Admissions
- State of New Jersey
- 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
Affiliations
- 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)
Recognition and Community
No aspect of this advertisement has been approved by the highest court of any state. Prior results do not guarantee a similar outcome. See Awards Methodology.
Recognitions
Chosen for inclusion in the Chambers USA Legal Directory (Chambers & Partners) of recognized practitioners for Labor and Employment in New Jersey, 2023-2024
News & Insights
Thought Leadership
- No Consequential Damages: Third Circuit Refuses to Recognize NLRB's Remedial Authority Beyond Reinstatement and Back Pay , January 3, 2025
- New Jersey's New Pay Transparency Law Is on the Horizon , November 20, 2024
- In a Blow to Employers' Ability to Defend Against Union Organizing Drives, NLRB Outlaws Mandatory Captive Audience Meetings , November 15, 2024
- NLRB GC Proposes Significant Penalties for Employers' Use of Non-Compete and Stay-or-Pay Agreements , October 11, 2024
- Supreme Court’s Clarified Standard Makes It Harder for NLRB to Obtain Injunctions , June 18, 2024
Events
- 2023 Annual Employment and Labor Conference, June 7, 2023
- Day Pitney's Annual Employment and Labor Conference Session 1, June 9, 2022
- Francine Esposito to Present Full-Day Family Medical Leave Act Master Class, September 13, 2017
- Annual Labor and Employment Conference - NY, June 15, 2011
- Annual Labor and Employment Conference - New Jersey, June 8, 2011
News
- Chambers Recognizes Day Pitney with Elevated Rankings Across Practices and Attorneys, June 6, 2024
- Chambers USA 2023 Ranks 35 Day Pitney Attorneys and 13 Practices, June 1, 2023
- Day Pitney Partner Francine Esposito Made Honorary Alumna at St. Benedict's Prep School in Newark for Pro Bono Work, March 27, 2022
In The Media
Publications
- Federal Contractors Will Have To Provide Paid Sick Time, Pratt's Government Contracting Law, January 20, 2016
- 5 Tips for Navigating FMLA Certification Process, Business & Legal Resources, February 1, 2012
- Addressing Employee Use of Social Media, New Jersey Law Journal, December 7, 2011
- Swine Flu in the Workplace and Related Employment Law Issues, New Jersey Banker, Winter 2010
Media Mentions
- Appeals Court Tosses Lawsuit over Trump-Era Joint Employer Rule, SHRM's HR Daily, November 8, 2021
- The Changing Landscape of Labor Law Under the Biden Administration, Employment and Law Alliance, July 19, 2021
- What Employees Can Legally Say on Facebook-and Get Away With, Corporate Counsel, December 21, 2015
- New Bill Would 'Ban the Box' for Federal Contractors, Staffing Industry Analysts, September 25, 2015
Speaking Engagements
- Labor Law: "NLRB Developments: Stay-or-Pay, Non-Competition and Moonlighting Provisions, Employer Communications During Union Organizing and What to Expect During the Trump Presidency", January 2, 2025
- "Labor and Employment Updates," New Jersey Bankers Association, June 27, 2024
- Labor Law: Employees' Protected Activity Under the NLRA in the U.S., February 16, 2024
- 2023 Annual Employment and Labor Conference, June 7, 2023
- “Hot Topics in Employment Law: Artificial Intelligence,” Lex Mundi Global Labor and Employment and Employee Benefits & Pensions Practice Group Meeting, June 6, 2023
- Employment and Labor Conference Session 1, Day Pitney Webinar, June 8, 2022
- "United States Labor Law: North America Year in Review Series," Employment Law Alliance, January 6, 2022
- "Challenging Health and Safety Issues in a Unionized Environment," Employment Law Alliance, August 6, 2021
- New Laws with Major Impact on Employers Operating in New Jersey Taking Effect: What You Need to Know to Comply, April 2020
- FMLA Leave Is Exhausted: How to Address Transfer and ADA Accommodation Requests, Fitness-for-Duty Exams, and More, January 7, 2020
- FMLA Leave Is Exhausted: How to Address Transfer and ADA Accommodation Requests, Fitness-for-Duty Exams, and More, July 11, 2019
- Unions in the Workplace, May 31, 2019
- Employment Law Update | October 12, 2017, October 12, 2017
- Employment Law Update with NJBankers, NJBankers Human Resources Conference, October 12, 2017
- 2017 FMLA Master Class: New Jersey, Day Pitney, September 13, 2017
- Workplace Leave Laws: Strategies to Navigate the Changing Landscape in the U.S., September 14, 2017
- Federal and State Law Updates, Day Pitney Annual Labor and Employment Conference, June 16, 2017
- Social Media and the New Workplace: Are Your Brand and Reputation Protected?, March 8, 2017
- 2017 Lex Mundi Labor and Employment and Employee Benefits and Pension Practice Group Global Meeting, March 24, 2017
- Navigating the Ongoing Challenges of Employees' Social Media Use, Day Pitney Annual Labor and Employment Conference, June 9, 2016
- Navigating the Ongoing Challenges of Employees' Social Media Use | June 2, 2016, June 2, 2016
- Employment Law Update, May 13, 2016
- New Jersey - Advanced Skills for Employee Leave Management, February 25, 2016
- FMLA Abuse: How to Identify, Fight, and Prevent It In Your Organization, January 27, 2016
- NLRA Developments That Should Worry Non-Union Employers, January 28, 2016
- Francine Esposito Speaks at Employment Law Alliance Conference, October 2, 2015
- Francine Esposito Speaks at NJBA Human Resources Conference, October 16, 2015
- FMLA Master Class for New Jersey Employers, April 30, 2015
- Unionization & Update on Employment Laws, New Jersey Bankers Association, October 19, 2012
- Are You Prepared for the Imminent New Wave of Unionization?, Day Pitney Webinar,, April 11, 2012
- Conducting Effective Internal Investigations, Day Pitney Webinar, February 23, 2012
- Mastering FMLA Certifications: How to Combat Abuse and Make the Right Call on Leave, Business & Legal Resources, February 14, 2012
- Mastering the Reasonable Accommodation Process, Day Pitney Webinar,, January 19, 2012
- The Challenge of FMLA Certifications, Day Pitney Webinar, December 11, 2011
- Annual Labor and Employment Conference, Day Pitney Webinar, September 28, 2011
- Annual Labor and Employment Conference 2011, Day Pitney Seminar, June 15, 2011
- Conducting Workplace Investigations: A Step-by-Step Virtual Summit for HR Leaders, May 12, 2011
- GINA Now a Reality: How to Comply with New Genetic Discrimination Regs, March 9, 2011
- HR Update: GINA and Social Media in the workplace, March 8, 2011
- GINA Regulations Pose New Challenges for Employers, Day Pitney Webinar, January 5, 2011