On May 11, 2020, Massachusetts Gov. Baker announced a four-phase approach to reopening the Massachusetts economy in light of the Coronavirus Disease 2019 (COVID-19) pandemic. The phased reopening is based on public health guidance, and is intended to allow certain businesses, services, and activities to resume, while aiming to protect public health and limit a resurgence of new COVID-19 cases.

Phase One, the “Start” Phase, will allow industries with little face-to-face interactions to resume operations with severe restrictions. Phase Two, the “Cautious” Phase, will allow industries with more face-to-face interactions to resume operations, but with significant restrictions such as capacity limits. Phase Three, the “Vigilant” Phase, will allow for a loosening of some restrictions and conditions contained in the first two phases, if public health data is trending in the right direction. Phase Four, the “New Normal” Phase, enables resumption of activities under the “new normal” framework, assuming the development of appropriate therapy treatments and/or vaccines.

The prospective length of each phase is currently unclear, as progression to the next phase is dependent on satisfying public health metrics. To the extent those metrics fall below certain thresholds, it could result in a reversion to a prior phase.

Read the full GT Alert, “Massachusetts Announces Four-Phase Reopening Approach and Mandatory Workplace Safety Standards.”

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Photo of Jack Gearan Jack Gearan

Jack S. Gearan is a shareholder in the Boston office of Greenberg Traurig, LLP. He concentrates his practice in the areas of Labor & Employment and Litigation, where he defends companies and public institutions in labor and employment, business, and consumer actions, including

Jack S. Gearan is a shareholder in the Boston office of Greenberg Traurig, LLP. He concentrates his practice in the areas of Labor & Employment and Litigation, where he defends companies and public institutions in labor and employment, business, and consumer actions, including class and collective actions. He is experienced in complex employment litigation and trials, and frequently handles state and federal whistleblower claims, non-compete and restrictive covenant litigation, trade secret, wage and hour litigation, and individual employee discrimination, harassment, and retaliation litigation and arbitrations. Jack also focuses his practice on handling pharmaceutical and medical device products liability cases.

Jack’s business litigation practice covers a variety of business torts, including misrepresentation, fraud, contract disputes, and claims under Massachusetts General Laws Chapter 93A – the Massachusetts unfair trade practices statute

In addition to defending clients in litigation when necessary, Jack provides counsel to senior management and human resource personnel on various employment law compliance matters, such as leaves of absence, exempt status classification under the FLSA and state law, employee discipline and restrictive covenant agreements. Jack is also regularly called upon by clients to conduct outside independent investigations of sensitive personnel issues or threatened legal actions. Additionally, Jack has advised companies regarding employment law in connection with various corporate transactions, including mergers, acquisitions, and reductions in force.

Photo of Justin Keith Justin Keith

Justin F. Keith represents employers in all areas of labor and employment law—including litigation of discrimination, harassment and retaliation claims, reductions in force, and numerous other personnel and workplace issues—before state and federal agencies and in courts throughout the country.

He is experienced…

Justin F. Keith represents employers in all areas of labor and employment law—including litigation of discrimination, harassment and retaliation claims, reductions in force, and numerous other personnel and workplace issues—before state and federal agencies and in courts throughout the country.

He is experienced with wage and hour class actions brought under the Massachusetts Wage Act and nationwide collective actions under the Fair Labor Standards Act. He represents employers across a broad spectrum of industries, including retail, transportation, delivery services, and telecom services in nationwide class and collective actions brought throughout the country.

Justin regularly provides counsel to senior management and human resource personnel on employment law compliance matters, such as reductions in force, leaves of absence, exempt status classification under the FLSA and state law, employee discipline, sexual harassment, discrimination and retaliation, and restrictive covenant agreements.

Justin is a contributing editor of The Developing Labor Law, the leading treatise on U.S. labor law, and a frequent speaker to legal and industry groups on labor and employment issues.

Justin’s practice encompasses all areas of traditional labor law, including union organizing campaigns, collective bargaining negotiations, unfair labor practice charges and representation case proceedings before the NLRB, union avoidance strategy and training, strike response and contingency planning, grievance arbitration proceedings, and appellate litigation before the NLRB and the Courts of Appeals. Justin was co-counsel to New Process Steel in the landmark Supreme Court case, New Process Steel v. NLRB, 560 U.S. 674 (2010).

Photo of Robert A. Sherman Robert A. Sherman

Robert A. Sherman, a founding member and former co-managing shareholder of the firm’s Boston office, has wide-ranging trial and regulatory experience. He focuses his practice on government and regulatory investigations and litigation, internal corporate investigations – with an emphasis on Foreign Corrupt Practices…

Robert A. Sherman, a founding member and former co-managing shareholder of the firm’s Boston office, has wide-ranging trial and regulatory experience. He focuses his practice on government and regulatory investigations and litigation, internal corporate investigations – with an emphasis on Foreign Corrupt Practices Act (FCPA) compliance – as well as consumer protection and class action defense. Bob has broad experience representing clients in complex, high profile cases including those that have generated significant media attention. He served as co-lead counsel for hundreds of victims in the Boston Archdiocese clergy abuse scandal. With 30 years of legal and public service experience, Bob also brings a unique perspective and understanding of the global landscape to provide strategic counsel to clients on international issues, particularly in EU countries.

Bob most recently served as the United States Ambassador to Portugal from 2014 – 2017, having been nominated by President Barack Obama and unanimously confirmed by the United States Senate. As Ambassador, he focused heavily on bilateral economic development and international security issues, such as cybersecurity, refugees, narcoterrorism and NATO. In recognition of Bob’s work in the country, Portuguese President Marcelo Rebelo de Sousa decorated him with the Grand Cross of the Order of Prince Henry the Navigator in March 2017.

In 2017, Bob was appointed as an independent board member of a major international bank, whose majority shareholder is an American private equity firm. In this role, Bob serves as chair of the Compliance Committee focusing on EU bank regulatory requirements and anti-money laundering rules.

Bob was the Assistant Attorney General and Chief of the Consumer Protection Division from 1991 – 1993. There, he led the 45-person division which enforces the broad spectrum of laws protecting consumers.

Photo of Amanda L. Carney Amanda L. Carney

Amanda L. Carney represents clients in a broad range of commercial litigation and labor and employment matters, including claims involving discrimination, harassment and retaliation. She is experienced with handling matters in state, federal, and appeals court, and before the Massachusetts Commission Against Discrimination.

Amanda L. Carney represents clients in a broad range of commercial litigation and labor and employment matters, including claims involving discrimination, harassment and retaliation. She is experienced with handling matters in state, federal, and appeals court, and before the Massachusetts Commission Against Discrimination. She also assists clients with conducting internal investigations involving employee misconduct. Amanda provides clients with day-to-day counseling on a variety of matters regarding wage and hour laws, internal investigations, employee handbooks/policies, and compliance with employer obligations under state and federal law.

In addition, Amanda advises clients in the gaming industry on regulatory and compliance matters. Amanda also has experience representing financial services institutions and licensed individuals against claims brought by customers and regulators. Amanda has represented clients in regulatory investigations before various state securities divisions, the Financial Industry Regulatory Authority, and the Securities and Exchange Commission (SEC).

Amanda is passionate about providing legal services to low-income individuals in the Greater Boston area. She has spent hundreds of hours providing pro bono legal services through her involvement with a national organization advocating for children in immigration proceedings. She also serves as the firm’s fundraising co-captain for the Greater Boston Legal Services Associates Fund Drive, and has helped raise thousands of dollars to support GBLS’s work on behalf of domestic violence survivors.

Photo of Kelly M. Pesce Kelly M. Pesce

Kelly M. Pesce is a litigation attorney who represents employers in virtually all areas of labor and employment law before state and federal agencies and in courts throughout the country – including litigation of discrimination, harassment and retaliation claims, and numerous other personnel

Kelly M. Pesce is a litigation attorney who represents employers in virtually all areas of labor and employment law before state and federal agencies and in courts throughout the country – including litigation of discrimination, harassment and retaliation claims, and numerous other personnel and workplace issues. She is experienced with wage and hour class actions brought under state law and nationwide collective actions under the Fair Labor Standards Act. Kelly also has deep experience with complex eDiscovery matters, and has been responsible for preservation, collection, review and production of ESI in numerous state and federal lawsuits as well as government investigations. As part of her eDiscovery practice, Kelly regularly provides clients counseling on a variety of information governance matters, including record retention, data privacy, and cyber security.

Before joining the firm, Kelly served as a law clerk to two federal judges, giving her an inside understanding of the court system and the litigation process. She also worked as an associate with a large firm in New Jersey where she represented a variety of clients on both state and federal matters.