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.

Clients 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

  • Labor counsel to companies nationwide in the following industries:
    • Cannabis
    • Healthcare
    • Investment Advisers and Private Funds
    • Technology
    • Life Sciences
    • Consumer and Retail
    • Energy and Climate
  • Negotiated numerous collective bargaining agreements, including in the health care, energy, cannabis, hospitality, retail, manufacturing, and non-profit industries
  • Drafted labor peace agreements to meet state requirements in cannabis industry
  • 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 many companies in with successful decertification petitions, including in the cannabis and energy sectors
  • 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

Other 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) 
IN THE MEDIA
  • Quoted, “Workers at Cresco weed facility vote to dump union” Crain’s Chicago Business (July 2024)
  • Quoted, “At Fall River cultivation site, cannabis workers cast off their union" Boston Globe (July 2024)
  • Quoted, “SHRM - Employers' Free Speech Rights About Unions” Society for Human Resource Management (October 2024)
  • Quoted, “Anti-Union Meetings / NLRB Captive Audience Ruling” Bloomberg Law (November 2024)
  • Quoted, "Circ. Split Remains Year After Out-Of-State FLSA Opt-In Ruling," Law360 (January 2023)
  • Quoted, "5 Major Wage And Hour Cases To Watch In 2023," Law360, (January 2023)
  • Quoted, "Circuit Split May Make Venue a Flashpoint in OT Suits," Law360, (April 2023)
  • Mentioned, “Cannabis company is first forced to bargain with union under new NLRB test” Reuters, (September 2023)
  • Quoted, “Denver marijuana company’s dispute with union highlights PR pitfalls” Marijuana Business Daily (April 2022)
  • Quoted, "A Look Back at 2022's Biggest Wage-Hour Rulings," Law360, (December 2022)
  • Quoted, “Cannabis companies should address labor issues such as unions, job classifications and COVID-19” Marijuana Business Daily (February 2021)
  • Quoted “Marijuana union surging amid pandemic, uptick in labor peace requirements” Marijuana Business Daily (March 2021)
  • Quoted, “Overtime Pay Changes will Affect Employee Benefits, Too” Society for Human Resource Management, (May 2016)
  • Quoted, “Groups Say Perez Should Improve DOL’s Data, Compliance Assistance, and Help for States” Bloomberg Law, (July 2013)

Honors & Involvement

HONORS
  • Best Lawyers: Litigation - Labor & Employment (2025-2027)
  • 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

  • Speaker, “Developments in Labor Law under the Second Trump Administration,” WHDI Annual Meeting, Montreal, QC (April 2026)
  • Speaker, "Evolving Cannabis Labor Markets," Foley Hoag Webinar (October 2024)
  • Speaker, "Current Developments in Cannabis Licensing and Regulations: New Jersey," Foley Hoag Webinar (May 2024)
  • 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