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Elizabeth D. McPhail

Partner

Elizabeth McPhail is a partner in the Labor & Employment Practice at Hodgson Russ, where she represents public and private sector employers in all aspects of labor and employment law. She focuses exclusively on management-side counsel, providing strategic, practical advice to help clients navigate workplace challenges and maintain compliance with federal and state regulations.

She works with clients across industries such as manufacturing, healthcare, nonprofit and social services, long-term/nursing care, and food preparation. Elizabeth advises on a wide range of employment laws, including:

  • The Family Medical Leave Act (FMLA)
  • Other State and federal leave laws, such as New York State Paid Family Leave and New York State Paid Sick Leave
  • The National Labor Relations Act (NLRA)
  • The Taylor Law
  • Title VII of the Civil Rights Act of 1964, as amended
  • The New York State Human Rights Law
  • Other State and federal anti-discrimination statutes
  • Wage and hour regulations, including the Fair Labor Standards Act

Elizabeth has a strong track record of advising locally owned manufacturing companies. She helps management address operational and workforce issues, including multi-shift scheduling, union negotiations, wage and hour compliance, and employment-related safety concerns. She also provides counsel on:

  • Disciplinary actions and terminations
  • Grievances and discharge arbitrations
  • Contract interpretation grievances
  • Discrimination claims (at the New York State Division of Human Rights and the U.S. Equal Employment Opportunity Commission)
  • Unemployment hearings
  • Mass layoffs and reductions in force
  • Employment and severance agreements
  • Application of state and federal employment laws

She additionally represents private schools, charter schools, colleges, and universities on a wide range of labor and employment matters, including advising on labor negotiations, investigations, teacher discipline, and board governance.

Elizabeth counsels both U.S. and Canadian corporate clients on labor and employment issues related to mergers, acquisitions, and cross-border expansion into the U.S. market.

Education

Clemson University, B.A., cum laude

University at Buffalo School of Law, J.D.

Admissions

  • New York
  • U.S. District Court, Western District of New York

Recognitions

  • Listed, Best Lawyers in America (Employment Law – Management) 2019 - 2026
  • Listed, Upstate New York Super Lawyers (Employment & Labor) 2025
  • Buffalo Business First's 40 Under Forty Award, 2011

News & Insights

Civic

  • Past Chair of the Buffalo Olmsted Parks Conservancy Board of Trustees

  • Board Member and Board Officer of the Zonta International Empowering Women Through Service and Advocacy Club of Grand Island

  • Board Chair, Planned Parenthood of Central and Western New York

  • Board Member, Art Resource

Professional

Elizabeth is a member of the New York State Bar Association and Bar Association of Erie County.

Multimedia & Podcasts

  • Post-pandemic unionization trends — and how to navigate a union organizing campaign (podcast)

    Post-pandemic unionization trends — and how to navigate a union organizing campaign (podcast)

    Starbucks, Amazon, Chipotle, Trader Joe’s and other household names have been in the news lately for their union organization campaigns, a post-pandemic trend that likely won’t change anytime soon, according to Elizabeth McPhail, partner with Hodgson Russ. She said some of these unionization efforts are a “product of the social justice movements” and they’re changing labor union organizing.

    In the latest episode of the Thought Leaders in Law and Business podcast, presented by Hodgson Russ and The Business Journals, Buffalo Business First Publisher John Tebeau interviews McPhail and her colleague Asia Evans, associate and member of the labor and employment practice at Hodgson Russ, on what employers should consider when navigating a union organizing campaign.

    “When you get a union organizing campaign and they are coming with social justice issues and cultural connectivity (concerns), if the response is just, we're paying 50 cents an hour more than the competitor down the road and their union, and we're not union free, that is not a message that's going to resonate with employees,” McPhail said.

    Listen to this episode to learn more about:

    New organizing trends and how campaigns have changed post-pandemic.The importance of understanding employees’ wants and needs.Regulatory concerns to consider when responding to efforts to unionize.Anti-unionizing efforts that don’t violate labor laws.Bargaining with employees in good faith.Lessons learned from high-profile organizing campaigns (Starbucks, Amazon, etc.).The prominent senator Evans worked with during one of her internships.

Thought Leaders in Law and Business Podcast
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Elizabeth D. McPhail / News & Insights