Jonathan D. Persky

Jon represents employers of all sizes and across a wide range of industries in employment litigation and day-to-day counseling.

He defends clients in federal and state courts, arbitration, and before administrative agencies, handling matters such as single-plaintiff discrimination claims, wage and hour disputes, and putative class actions. Jon also represents employers in litigation involving breaches of post-employment restrictive covenants, misappropriation of trade secrets, and other business-related disputes.

Jon has substantial experience in all phases of litigation, including discovery, depositions, expert testimony, summary judgment, and jury trials. He is known for his ability to clearly and persuasively brief complex legal issues, securing summary judgment and dismissal for clients in high-stakes cases that often proceed to trial. In addition to litigation, Jon regularly advises employers on day-to-day employment issues, workplace investigations, and crisis management, providing practical guidance on hiring, discipline, termination, harassment, leave management, wage and hour compliance, disability accommodation, and union grievances.

Honors & Recognition

• Thomson Reuters "Stand-Out Lawyers™" (2023, 2025)

About Me

Jon lives in Providence, Rhode Island with his wife, the artist Kirstin Lamb. They have three cats who make frequent appearances in virtual client meetings. Jon’s hobbies include travel, hiking, reading, and writing. As of 2023, Jon has been to 46 U.S. states and 849 of the nation’s 3,141 counties.

Representative Matters

• Following a three-week jury trial, won a defense verdict for a large insurance company in Suffolk County, Massachusetts (Boston) Superior Court. The plaintiff, alleging race discrimination and retaliation, had claimed lost wage damages in excess of $15 million. In an issue of first impression, the trial court applied Massachusetts law concerning the extent to which an employee’s retaining company confidential documents in support of a discrimination claim constitutes protected activity.
• Won summary judgment in U.S. District Court for a Boston hospital on gender discrimination and whistleblowing claims filed by a former physician. The court adopted our arguments that the plaintiff’s departure was voluntary and that no adverse action had occurred.
• Defeated plaintiff’s motion for conditional certification of a putative Fair Labor Standards Act collective action against a national restaurant chain, and obtained dismissal of the bulk of the prospective nationwide class on personal jurisdiction grounds.
• In a case of first impression, obtained dismissal of the U.S. Department of Labor’s enforcement action against a family farm for purported violations of “corresponding employment” regulations. The Administrative Law Judge adopted our argument that interns participating in seasonal programs at the farm under J-1 nonimmigrant visas were not covered by rules requiring compensation at the same rate paid to H-2A agricultural employees. The ruling was affirmed on appeal by the DOL’s Administrative Review Board.
• Obtained summary judgment for a college in race discrimination case brought by former instructor; affirmed on appeal by the U.S. Court of Appeals for the Second Circuit.

Education

University of Connecticut School of Law

• J.D., with highest honors, 2006
• Executive Editor, Connecticut Law Review
• Intern, Hon. Bruce M. Selya, U.S. Court of Appeals for the First Circuit, 2004-2005

Brown University

• B.A., Economics and Political Science, 1999

News

Events

Legal Analysis