Jonathan A. Keselenko

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.

Related Industries

Related Practices

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)

IN THE MEDIA

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, "A Look Back at 2022's Biggest Wage-Hour Rulings," Law360, (December 2022)

Foley Hoag Publications

Publication 03/16/2021

Updated: Department of Labor Issues Final Rule Regarding FLSA Tip Regulations

Publication 12/28/2020

Department of Labor Issues Final Rule Regarding FLSA Tip Regulations

Publication 10/29/2020

Certain Cannabis Industry Workers Are Not “Employees” Under Federal Labor Law; Could Be Covered by Mass. Law

Publication 09/24/2020

Department of Labor Proposes New Rule on Independent Contractors

Publication 09/01/2020

Department of Labor Issues Guidance on Tracking and Compensating Telework

Publication 08/19/2020

NLRB Addresses Labor Issues Arising from COVID-19

Publication 08/05/2020

Federal Court Invalidates Major Aspects of DOL’s Rule, Expanding FFCRA to More Workers

Publication 07/28/2020

NLRB Makes It Easier to Discipline Employees for Abusive Conduct

Publication 07/22/2020

First Circuit Rules Amazon Delivery Drivers Not Required to Arbitrate Misclassification Claims

Publication 06/18/2020

EEOC Nixes Antibody Testing, Addresses Other Return to Work Issues

Publication 06/05/2020

Court’s Injunction Prevents Full Implementation of the NLRB's New Union Election Rules

Publication 06/03/2020

CDC Issues New Return-To-Work Guidance For Offices

Publication 05/26/2020

Department of Labor Permits Payment of Incentive Compensation by Employers Using Fluctuating Workweek

Publication 05/21/2020

U.S. Department of Labor Expands Commission Sales Exemption to Federal Overtime Requirements

Publication 05/14/2020

New York City Bans Pre-Employment Marijuana Testing

Publication 05/05/2020

Updates to DOL FAQS on FFCRA

Publication 04/15/2020

Department of Labor Clarifies Rules for Employer Recording of COVID-19 Cases

Publication 04/02/2020

Department of Labor Issues New Regulations Interpreting FFCRA

Publication 03/25/2020

DOL Offers Guidance on Families First Coronavirus Response Act Requires Employers to Provide Notice to Employees

Publication 03/24/2020

NLRB Postpones New Union Election Procedures Until June 1, 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