535 Boylston Street
Boston, Massachusetts 02116T: 617.849.7880
The New York Times Building
620 Eighth Avenue, 38th Floor
New York, New York 10018
- Class/Collective Actions
- Litigation; Employment Litigation Prevention and Defense
- Wage and Hour Compliance and Litigation
- Labor & Employment
Bar & Court Admissions
- Massachusetts, 1995
- New York, 2000
- District of Massachusetts
- U.S. Court of Appeals for the First Circuit
- U.S. District Court, Southern District of New York
- U.S. District Court, Eastern District of New York
New York University School of Law
- J.D., 1995
University of Pennsylvania
- B.A., 1992
"If you tell the truth, you don't have to remember anything."
Jeff serves as Chair of Constangy's Franchise Industry Group. For over 20 years, Jeff has served as a trusted advisor to employers in their efforts to comply with various federal and state employment and labor laws. Jeff has successfully litigated hundreds of single employee cases, dozens of cases brought by groups of employees, and dozens of cases brought by classes of employees. He has successfully tried numerous cases to verdict, and successfully litigated cases through post-trial motions and appeals when necessary to prevail after trial. Jeff counsels employers daily on the management of their workforce, responding to government audits on wage/hour issues, and litigation avoidance. An active and large part of Jeff's practice involves defending lawsuits in federal and state courts, in private arbitration, and before administrative agencies.
Jeff is a go-to lawyer for class action defense in the wage-hour field, defending franchisors and franchisees, airlines and their contractors, hospitals, restaurants and retailers against wage-hour claims. Jeff is also a go-to resource for franchisors facing the evolving question of whether their franchisees are truly misclassified employees. Jeff argued the leading case before the Massachusetts Supreme Judicial Court which set the standard for vicarious liability of franchisors under Massachusetts law. (Depianti v. Jan-Pro Franchising International, Inc. 990 N.E.2d 1054 (Mass. 2013). He advises franchisors on issues of vicarious liability and joint employment, as well as on issues pertaining to common law and statutory claims in business-to-business litigation.
Jeff also assists all employers, including franchise entities, in investigations and in adversarial proceedings initiated by the U.S. Department of Labor and state government auditors. Finally, Jeff regularly serves as counsel in high-stakes non-compete/trade secret litigation and represents majority or minority shareholders/partners/members in intracorporate disputes.
- "The Joint-Employment Challenge," The National Law Journal, December 5, 2016
- "Court misses chance to clarify conflict between franchise, employment law – but dissent gets it right," Client Bulletin, September 28, 2016
- "What to make of the Wage and Hour Division's voluntary compliance agreement with the Subway franchise system," Client Bulletin, August 29, 2016
- "Update for the Franchise Industry: Is your brand manager creating a “joint employment” relationship with your franchisees’ employees?," Client Bulletin, August 3, 2016
- "Department of Labor's 'Persuader' Regulation Put on Hold," Massachusetts Lodging Association, July 2016 Newsletter
- "New Sick Leave Rights For Massachusetts Employees Raise Concerns For Employers," Client Bulletin, November 11, 2014
- "Massachusetts High Court Provides Helpful Guidance to Employers Regarding Damages and Releases Under Wage Act," Wage Hour Report, December 19, 2012
- Hot Topics in Wage/Hour Litigation, May 31-June 1, 2012, ACI Conference, New York, New York
- "Forum Selection Clause May Operate as Special Contract In Violation of Massachusetts Wage Act," Client Bulletin, May 11, 2012
- Litigating Wage/Hour Cases, MCLE, March, 29 2012
- "Tales from the Trenches of Litigation, Resolution and Prevention," Co-Presenter, September 12, 2011, American Society for Healthcare Human Resources Administration, Phoenix, Arizona
- Trends in Wage/Hour Litigation, Panel Moderator, May 23-24, 2011, ACI Conference, Marriott Downtown, New York, New York
- "Docking Pay For Damage To Company Property Not Allowed," New England In-House, April 8, 2011 and Massachusetts Lawyers Weekly, February 11, 2011
- Client Bulletins: Labor nominee Andrew Puzder's advocacy for franchises has made him the target of worker groups
- Client Bulletins: Court misses chance to clarify conflict between franchise, employment law – but dissent gets it right
- Client Bulletins: What to make of the Wage and Hour Division's voluntary compliance agreement with the Subway franchise system
- Client Bulletins: Update for the Franchise Industry: Is your brand manager creating a “joint employment” relationship with your franchisees’ employees?
Awards & Recognition
- Named "Top Attorney in New England" by American Registry, 2016
- Named Massachusetts Super Lawyer, 2014-2016
- In 2010, Jeff was named a "Super Lawyer: Massachusetts Rising Star" in the legal community by Boston Magazine. From 2005-2007, Jeff also received "Superlawyers/Rising Star" honors from Boston Magazine and Law and Politics Magazine.
- Member of the Board of Directors, The New Workplace Institute
- Group Leader, Back Bay Chapter USA 500 Clubs
Other Personal Background Information and Interests
- Jeff resides in Needham, Massachusetts with his wife and children. His hobbies include fiction writing, and he has one published novel in circulation, titled, "Lipstick's Legacy."