Mr. McKelway is a partner in the Firm's Labor and Employment Group. His primary area of practice is labor and employment law, including preventive counseling, employee relations, arbitration, litigation and appeals before administrative agencies and state and federal courts. Mr. McKelway has special experience in the restaurant/food service and hospitality industry, and is a member of the Academy of Hospitality Industry Attorneys.
Mr. McKelway counsels businesses and high-level executives on a variety of topics, including: defense of sexual harassment, wrongful discharge and "whistleblowing" claims; electronic monitoring and employee privacy issues; sophisticated employment contracts and matters involving executive compensation; labor and employment issues in mergers and acquisitions; shareholder disputes in closely-held corporations; state and federal wage/hour matters; union election campaigns and collective bargaining issues; pre-employment screening of job applicants; drug and alcohol testing; concerns involving AIDS and other disabilities in the workplace; and ERISA litigation. He has authored numerous articles and book chapters and speaks frequently on employment law subjects, including emerging privacy, security and liability risks in cyberspace. Mr. McKelway has also successfully represented many clients in the insurance brokerage and other industries, in litigation involving non-competition agreements and theft of trade secrets.
Mr. McKelway is listed as both a Massachusetts Super Lawyer from 2005-2011, and in Best Lawyers in America, Labor & Employment from 2006-2010.
Memberships & Affiliations
Boston Bar Association
Massachusetts Bar Association
Society for Human Resource Management, Member
News
12/29/2008, John McKelway featured in a Massachusetts Lawyers Weekly article regarding non-compete litigation trends for '09
09/25/08, The Best Lawyers in America Recognizes 34 McCarter Lawyers in 2009 Referral Guide
09/25/07, The Best Lawyers in America Recognizes 36 McCarter Lawyers in 2008 Referral Guide
Speaking
03/28/12, Tufts Health Plan "Wellness Summit"
John M. McKelway
Tufts Health Plan
09/20/05, Fall EPLI Seminar Series
John M. McKelway
The Ritz-Carlton, Boston, MA
10/24/04, Wage and Hour Class Actions in the Hospitality Industry: Navigating in Dangerous Waters
John M. McKelway
HFTP Annual Convention & Tradeshow, Garden Grove, CA
Events
02/09/11, Social Media: Liabilities and Coverage Event in the Philadelphia Office
02/08/11, Social Media: Liabilities and Coverage Event in the Newark Office
02/03/11, Social Media: Liabilities and Coverage Event in the New York Office
02/01/11, Social Media: Liabilities and Coverage Event in the Boston Office
10/28/2010, New Developments in Massachusetts Employment Law: What You Need To Know Now
11/18/09, Hot Topics in Employment Law: What you Need to Know Now
06/30/2009, Navigating The Economy... Without Throwing Your Employees Overboard
12/09/2008, Managing Your Workforce During Times Of Economic Crisis - Boston Office
Publications
01/27/12, New Jersey Trade Secrets Act Creates New Remedies for Misappropriation and Warrants Precautionary Measures When Hiring Employees
M&E Labor & Employment Alert
01/25/12, NLRB Rules Class Action Waiver in Employment Agreement Violates the NLRA
Peter D. Stergios, Richard F. Vitarelli and Jennifer Itzkoff
M&E Labor & Employment Alert
12/01/2003, Deadline Looms for the Food and Beverage
John M. McKelway
M&E Alerts
02/01/2002, Workplace Privacy In The Electronic Age: Where Should The Lines Be Drawn?
John M. McKelway
MCLE
08/13/1996, A Checklist of Privacy, Security, and Liability Concerns For Business Planning To Set Up A Web Site
John M. McKelway
MCLE
02/01/1996, Employment: Impact Of New EEOC Guidelines On Pre-Employment Screening
John M. McKelway
Massachusetts Lawyers Weekly