Jonathan A. Keselenko

Partner - Boston

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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.

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Education:

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

Representative Experience

  • 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
  • Editor, 2009 - 2012 TREATISE SUPPLEMENT: THE FAIR LABOR STANDARDS ACT (BNA Books, 2012)
  • Author, Federal and State Overtime Laws: A Defense Perspective, MASSACHUSETTS EMPLOYMENT LAW (Massachusetts Continuing Legal Education, 2011)
  • Author, MASSACHUSETTS WAGE AND HOUR HANDBOOK, (Massachusetts Continuing Legal Educator, 2010)
  • Contributing Author, THE FAMILY AND MEDICAL LEAVE ACT: 2010 CUMULATIVE SUPPLEMENT (BNA Books, 2010)
  • 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)

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Honors

  • 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

Involvement

  • Wage & Hour Defense Institute, Co-Founder and Vice 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, 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
  • Speaker, "Meet the U.S. Solicitor of Labor M. Patricia Smith and Learn About Department of Labor and Other Perspectives on Independent Contractor Misclassification Issues," American Bar Association Section of Labor and Employment Law, December 18, 2013
  • Speaker, "New Dangers in Wage & Hour Law," Foley Hoag Labor & Employment Seminar, October 16, 2013
  • Moderator, “Wage and Hour Bootcamp,” American Bar Association, 6th Annual Labor and Employment Law Conference, November 1, 2012
  • Speaker, “Massachusetts Labor and Employment Law Update,” Foley Hoag Annual Conference, May 17, 2012
  • Speaker, “NLRB Final Rule on Union Election Procedures,” Law Seminars International, February 29, 2012
  • 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, “Worker Misclassification: Recent Trends in Independent Contractor Lawsuits,” Strafford Webinars, April 27, 2010
  • Speaker, American Bar Association 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 Northeast Chapter Annual Program, "Labor and Employment Update," September 25, 2008
  • Speaker, Massachusetts Biotechnology Council, "Non-Competes: Should You Have Them and What to Do When Faced With One," February 6, 2008
  • Panelist, Boston Bar Association CLE, “Labor Law Issues in the Health Care Arena,” February 8, 2007
  • Speaker, Boston Bar Association, “Trends in Massachusetts Class Actions,” November 20, 2003
  • Panelist, Massachusetts Bar Association, "The Hottest Trend in Labor & Employment Law: The Employment Class Action,” June 17, 2003
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Bar Admissions

  • Massachusetts

Court Admissions

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