Photo of 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 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.

The Massachusetts Paid Family and Medical Leave Act (PFMLA) has been amended, effective Nov. 1, 2023, to permit employees to supplement PFMLA benefits with accrued paid leave. In addition, contribution

Continue Reading Changes Ahead for Massachusetts Paid Family and Medical Leave Benefits, Contribution Rates

In September 2023, the Securities and Exchange Commission (SEC) announced three separate enforcement orders reflecting a renewed interest in and scrutiny of provisions in employment agreements and separation agreements. These

Continue Reading SEC Broadens Scrutiny of Employment and Separation Agreements Under Whistleblower Rule

On Aug. 30, 2023, the WHD of the DOL released a NPRM that proposes to revise the “white collar” overtime exemption regulations applicable to executive, administrative, and professional employees. Most

Continue Reading Labor Department Proposes Increasing Salary Threshold for Overtime Pay

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