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Jonathan A. Keselenko
Partner
Boston
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. Jonathan handles such cases in both federal and state courts.
He also has an extensive traditional labor law practice, which includes representing employers before the National Labor Relations Board. He has defended employers against unfair labor practice charges and "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 also 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.
Bars and Court Admissions
Massachusetts
U.S. District Court for the District of Massachusetts
U.S. Court of Appeals, First Circuit
Representative Experience
The following is a brief summary of Jonathan's experience and accomplishments:
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 prosecuted non-compete and non-solicit agreement on behalf of media company
Served as lead counsel for an international retailer in its first-ever set of union elections in the United States
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
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
Represented an employer in a successful federal court challenge to an arbitration award
Obtained reversal of class certification on appeal in multi-party class action
professional / civic involvement
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
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
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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