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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.

On May 30, 2023, the General Counsel (GC) of the National Labor Relations Board (NLRB) took a step toward the federal regulation of employee noncompetition agreements. The GC published a

Continue Reading NLRB Signals Challenge to Noncompete Agreements for Non-Supervisory Workers

On April 4, 2022, the Massachusetts Supreme Judicial Court (SJC) held, in Reuter v. City of Methuen, that the Massachusetts Wage Act, G.L. c. 149, § 148, requires courts
Continue Reading Massachusetts Employers Strictly Liable for Late Payments Under Wage Act

On Sept. 8, 2020, a New York federal judge struck down substantial portions of the U.S. Department of Labor (DOL’s) joint employer final rule, which went into effect March 1,


Continue Reading New York Federal Judge Strikes Down DOL ‘Joint Employer’ Rule

Beginning July 6, Massachusetts will enter Phase 3 of the Four-Phase Reopening Plan. However, businesses located within Boston will have a delayed Phase 3 start date until July 13.
Continue Reading More Businesses Allowed to Reopen as Massachusetts Moves Into Phase 3 on July 6

The enforceability of restrictive covenants, particularly non-compete agreements, can be very difficult for employers to navigate, especially for companies in their “start-up” phase. Technology companies in particular face challenges in
Continue Reading A Non-Compete Law Roadmap for Tech Start-Ups in Key Jurisdictions