Jonathan Keselenko is an experienced litigator and counselor who handles all types of labor and employment matters. In the litigation arena, he has acted as lead counsel for employers in large class action cases, including wage-and-hour-related claims brought on behalf of putative classes and claims under federal employment statutes. He also successfully represents employers in jury and bench trials involving employment claims brought in federal and state court and before administrative agencies. Jonathan also has handles sophisticated non-compete and non-solicit matters. This work involves litigation, and also advice and counseling to avoid such litigation. He has an extensive traditional labor law practice, which includes representing employers before the National Labor Relations Board. He defends employers against unfair labor practice charges and with respect to "R" (representation) petitions in numerous NLRB regional offices throughout the United States and in face-to-face meetings with the NLRB General Counsel. Jonathan also represents employers in grievances challenging employment practices, and he has arbitrated labor law disputes under collective bargaining agreements. Jonathan is experienced in successfully handling audits for clients, particularly with regard to whether individuals have been classified correctly as independent contractors. Jonathan approaches employment issues proactively by conducting training sessions that help employers and their management comply with the law and deal with everyday employment issues. He advises employers concerning personnel decisions, including terminations and layoffs. Representative Experience The following is a brief summary of Jonathan's experience and accomplishments: · Obtained reversal of class certification on appeal in multi-party class action · Successfully represented employers in audits conducted by the Massachusetts Division of Unemployment Assistance · Served as lead New England labor and employment counsel for a major nursing home company, handling "R" petitions and unfair labor practice charges, and in addition, a successful litigation brought against a union for conduct arising out of a corporate campaign against employer · Successfully represented a software company with respect to multi-million dollar claims of defamation and under M.G.L. Ch. 93A in federal court · Successfully represented international retailer against claim brought under the Sarbanes-Oxley Act before the U.S. Department of Labor · Successfully represented a university with respect to a challenge brought by a professor over denial of tenure · Successfully obtained injunctive relief from the NLRB during the pendency of an unfair labor practice hearing · Served as lead counsel for an international retailer in its first-ever set of union elections in the United States · Counseled manufacturing employer on compliance with wage/hour laws across all 50 U.S. states · Won significant award for biotech company with respect to claims brought by its former chief financial officer claiming damages for unvested stock options · Successfully prosecuted non-compete and non-solicit agreement on behalf of media company Professional / Civic Involvement · Wage & Hour Defense Institute, Co-Founder and Vice Chair · Boston Bar Association, Labor and Employment Section
- Steering Committee, Member · Massachusetts Bar Association, Labor and Employment and General Litigation Sections, Member · American Bar Association, Labor and Employment and General Litigation Sections, Member Speeches and Conferences · Panelist, "How to Avoid Mistakes in Hiring and Terminating Employees," MassBio, November 9, 2011 · Speaker, "The Shifting Landscape of Employment Laws," Mass-ALFA Annual Regulations Training, June 2011 · Speaker, American Bar Association (ABA) Federal Labor Standards Legislation Committee Midwinter Meeting, "Hot Topics in Wage and Hour Law," February 17-19, 2010 · Speaker, "Employment and Immigration Seminar: Enforcement Priorities of the Obama Administration," September 23, 2009 · Speaker, "Important Wage Deferral Issues Facing Early Stage and Small Companies," June 24, 2009 · Speaker, Massachusetts Assisted Living Facilities Association (Mass-ALFA) Labor Training, March 26, 2009 · Speaker, "Impact of the 2008 Election on Labor and Employment Laws," November 17, 2008 · Speaker, Association of Corporate Counsel (ACC) Northeast Chapter Annual Program, "Labor and Employment Update," September 25, 2008 · Speaker, Massachusetts Biotechnology Council program, "Non-Competes: Should You Have Them and What to Do When Faced With One," February 6, 2008 · Panelist, Boston Bar Association CLE seminar, "Labor Law Issues in the Health Care Arena," February 8, 2007 · Speaker, Boston Bar Association seminar, "Trends in Massachusetts Class Actions," November 20, 2003 · Panelist, Massachusetts Bar Association program, "The Hottest Trend in Labor & Employment Law: The Employment Class Action," June 17, 2003 Publications · Author, Federal and State Overtime Laws: A Defense Perspective, MASSACHUSETTS EMPLOYMENT LAW (Massachusetts Continuing Legal Education, 2011) · Contributing Author, THE FAMILY AND MEDICAL LEAVE ACT: 2009 CUMULATIVE SUPPLEMENT (BNA Books, 2009) · Editor, 2009 TREATISE SUPPLEMENT: THE FAIR LABOR STANDARDS ACT (BNA Books, 2009) · Co-author, INSIDE THE MINDS: THE IMPACT OF 2008 SUPREME COURT EMPLOYMENT LAW CASES (Aspatore Books, 2008) · Jonathan A. Keselenko and John E. Duke, Avoiding Overtime Exposure: Improper Deductions and the Salary Basis Rule, NEW ENGLAND IN-HOUSE (October 30, 2006) · Labor lawyers see increase in wage and hour class-action suits, BOSTON BUSINESS JOURNAL (November 17, 2003) · Co-author, Chapter 3 - Class Actions in the Labor and Employment Area: An Overview, MASSACHUSETTS BAR CONTINUING LEGAL EDUCATION PUBLICATION (June 2003) Honors/Awards Recipient of the Denis Maguire Award -- recognizing excellence in the provision of pro bono services to the public GEORGE WASHINGTON UNIVERSITY LAW REVIEW, Member Received High Honors and Order of the Coif from the George Washington University, National Law Center |