Elizabeth D. McPhail

Elizabeth represents both public and private sector employers regarding the full range of labor and employment-related issues. Elizabeth counsels management clients in a wide range of industries, including manufacturing, health care, nonprofit and social services, long-term/nursing care, and food preparation, regarding their rights and obligations under various labor and employment statutes, including counseling them regarding wage and hour issues, the Family Medical Leave Act (FMLA), the National Labor Relations Act, and state and federal anti-discrimination laws. In essence, Elizabeth helps employers avoid costly and time consuming issues involving their employees and resolve problems with those employees if avoidance proves impossible.

Elizabeth provides employment services to union and non-unionized clients regarding disciplinary action and terminations, defending discrimination claims, attending unemployment hearings, assisting with mass layoffs or reductions in force, drafting employment agreements and separation/severance agreements, and counseling clients about the application of various state and federal employment laws. She provides a wide range of labor services to union employers, including advice about negotiations, defending labor arbitrations, processing grievances, and general advice about navigating the union environment.

Since March of 2020, both public and private sector employers have faced increased and unprecedented challenged related to the coronavirus pandemic.  Elizabeth’s practice has included a focus on addressing pandemic related challenges, from safety issues (mask, testing, quarantines) to leave and accommodation related implementation under a myriad of state and federal laws. 

Elizabeth also counsels school districts on a variety of topics, including negotiations with labor organizations, conducting discrimination investigations, teacher disciplinary issues, and general board of education governance.

Elizabeth counsels European clients on a broad range of labor and employment legal issues related to expansion and acquisitions (due diligence) into the U.S. market.

• Listed, Best Lawyers in America (Employment Law – Management) 2019 - 2023
• Buffalo Business First's 40 Under Forty Award, 2011

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

• 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 Member Board of Directors Planned Parenthood of Western New York; Professionals Committee Member