Keselenko

Jonathan A. Keselenko

Partner
Boston

I represent clients in important employment litigation and labor relations matters.

Jonathan Keselenko is an experienced litigator and counselor who handles all types of labor and employment matters, including labor relations, wage-and-hour, discrimination claims, restrictive covenants and more.

Jonathan is a leading practitioner in labor and employment matters. He has extensive experience in traditional labor law matters, wage and hour issues, class action and collective cases, non-compete and restrictive covenant disputes, and discrimination claims.  He also regularly advises clients in managing and resolving workplace disputes.

Client from all industries come to Jonathan for practical employment advice and counsel. He uses his experience in labor and employment litigation to simplify complex matters across a wide range of areas.

Jonathan is committed to the community and pro bono. He serves as an inaugural member of the firm’s Pro Bono Committee.

Education

  • George Washington University Law School, J.D., with high honors, Order of the Coif, 1991
  • Oberlin College, B.A.

Bar and Court Admissions

BAR ADMISSIONS
  • Massachusetts
COURT ADMISSIONS
  • U.S. Court of Appeals for the First Circuit
  • U.S. District Court for the District of Massachusetts

Experience

LABOR RELATIONS
  • Negotiated numerous collective bargaining agreements, including in the health care, energy, cannabis, hospitality, retail, manufacturing, and non-profit industries.
  • Lead counsel for companies in retail, transportation, manufacturing, cannabis and health care industries regarding a range of issues before the NLRB, including union organizing attempts, unfair labor practice charges, unit clarification petitions, and decertification efforts
  • Guided energy company with successful decertification petition
  • 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
  • Main counsel for an international retailer in its first-ever set of union elections in the United States
  • Handled numerous contract arbitrations, including as to contract interpretation and discipline across various industries
WAGE & HOUR
  • Lead counsel for retail, cannabis, manufacturing, life sciences, and cannabis employers in FLSA and state law wage and hour class actions
  • Represented employers in audits conducted by the U.S. Department of Labor and Massachusetts Attorney General regarding alleged misclassification of workers based on exempt status 
  • Represented many employers in litigation and governmental audits concerning independent contractor status
RESTRICTIVE COVENANT AND NON-COMPETE MATTERS
  • Successfully prosecuted non-compete and non-solicit agreements on behalf of companies in many industries
  • Advised clients and individuals regarding non-compete and non-solicit provisions, including the implications of the Massachusetts Independent Contractor Law
  • Advised hiring companies with regard to restrictive covenants for employees they seek to hire
  • Defended against overbroad and unenforceable restrictive covenants
OTHER EMPLOYMENT LITIGATION MATTERS
  • Lead counsel in OSHA investigations arising out of industrial accidents
  • Represented a software company with respect to multi-million dollar claims of defamation and under M.G.L. Ch. 93A in federal court
  • Represented international retailer against a whistleblower claim brought under the Sarbanes-Oxley Act before the U.S. Department of Labor
  • Represented manufacturer in whistleblower investigation under the OSHA law brought before the U.S. Department of Labor
  • Tried employment discrimination cases in federal and state courts and before the Massachusetts Commission Against Discrimination
  • Handled numerous EEOC and MCAD charges and investigations

Publications

  • Editor, 2017-2022 TREATISE SUPPLEMENT: THE FAIR LABOR STANDARDS ACT (BNA Books) 
  • Author, Federal and State Overtime Laws: A Defense Perspective, MASSACHUSETTS EMPLOYMENT LAW (Massachusetts Continuing Legal Education, 2016-2020) 
  • Author, MASSACHUSETTS WAGE AND HOUR HANDBOOK, (Massachusetts Continuing Legal Educator, 2015-2018) 

Foley Hoag Publications

Publication 05/05/2020

Honors & Involvement

HONORS
  • George Washington Law Review, Member
  • Received High Honors and Order of the Coif from the George Washington University, National Law Center
  • Recipient of the Denis Maguire Award - recognizing excellence in the provision of pro bono services to the public
INVOLVEMENT
  • Wage & Hour Defense Institute, Immediate Past-Chair
  • Management Co-Chair, American Bar Association Section of Labor and Employment Law Trial Advocacy Competition, Boston Region
  • Boston Bar Association, Labor and Employment Section, former member of the Steering Committee
  • Massachusetts Bar Association, Labor and Employment and General Litigation Sections, Member
  • American Bar Association, Labor and Employment and General Litigation Sections, Member

Speaking Engagements

  • Moderator and Speaker, “The Biden NLRB and What it Means for Employers,” May 18, 2022
  • Speaker, “Wage and Hour Audits,” ABA Federal Labor Standards Committee Meeting, February 17, 2022 
  • Speaker, Tech GC Annual Conference, September 22, 2020
  • Speaker, "FLSA Hot Topics," ABA Federal Labor Standards Committee Meeting, February 21, 2019 
  • Speaker, "The New Massachusetts Noncompete Law: What You Need to Know," August 23, 2018
  • Panelist, “Preventing Wage & Hour Cases 2018, Latest Court Decisions: Federal Cases,” Massachusetts Continuing Legal Education, June 6, 2018
  • Speaker, "Structuring Independent Contractor Agreements to Avoid Misclassification Liability," Strafford Webinar, November 29, 2017
  • Speaker, "Wage and Hour Strategies for Compliance with the Nuances of the Federal and State Wage and Hour Laws," American Employment Law Council, October 20, 2017
  • Speaker, "FLSA Hot Topics," ABA Federal Labor Standards Committee Meeting, February 24, 2017
  • Speaker, "Independent Contractor Misclassification Litigation on the Rise," Strafford Webinar, December 7, 2016
  • Speaker, “Transform: The Future of Non-Compete Agreements in Massachusetts,” Massachusetts Technology Leadership Council, November 18, 2016
  • Speaker, “U.S. DOL’s Changes to the Overtime Regulations: What They Mean for Assisting Living Facilities,” Mass-ALA Annual Conference, November 3, 2016
  • Panelist, “Your Employment Agreements Are Under Attack,” January 20, 2016