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Michael R. Bertoncini


P 617-305-1270
F 617-367-2155



Michael R. Bertoncini is a Principal in the Boston, Massachusetts, office of Jackson Lewis P.C. He practices labor and employment law, with a particular emphasis on labor relations, employment law counseling and litigation, and data privacy and security law.

In labor relations matters, he regularly counsels clients on the practice of positive employee relations, negotiates collective bargaining agreements on behalf of organized clients, represents clients in labor arbitrations and National Labor Relations Board proceedings, and counsels clients with respect to rights and obligations under collective bargaining agreements and applicable labor and employment laws. He also has extensive experience in advising organizations responding to corporate campaigns and negotiating neutrality agreements.

Mr. Bertoncini’s privacy and data security practice focuses on advising clients on complying with HIPAA and other state and federal privacy and data security laws. He regularly reviews and develops policies and procedures, written information security plans and integrated compliance programs to assist clients in meeting their obligations under privacy and data security laws. Mr. Bertoncini has represented clients in investigations of alleged data breaches and advises them on their reporting obligations in the event of a data breach. He also conducts workplace training programs on HIPAA compliance and related privacy and data security topics.

Before joining Jackson Lewis, Mr. Bertoncini was Deputy General Counsel for a hospital system that is the largest fully integrated community care organization in New England. He was responsible for all of the system’s labor and employment law matters, and was involved in its acquisition by a private equity firm as well as its growth from six to ten hospitals in a twelve-month period. His three years as in-house counsel for this large health care system give Mr. Bertoncini a keen understanding of the impact of labor and employment law issues on clients’ business operations.

In addition to his labor relations and privacy experience, Mr. Bertoncini has extensive experience in conducting internal investigations and counseling clients on whistleblower and retaliation matters, as well as negotiating executive agreements, both employment and separation agreements. Mr. Bertoncini also represents clients in the litigation of employment matters. His litigation experience includes matters before federal and state courts and administrative agencies. He has appeared before United States Courts of Appeals and District Courts, Massachusetts and New York state courts, the Equal Employment Opportunity Commission, and the Massachusetts Commission Against Discrimination.

Mr. Bertoncini is a frequent speaker and trainer on labor and employment law topics for various organizations including Massachusetts Continuing Legal Education, Council on Education in Management, Lorman Education Services, the Boston Bar Association, and several chambers of commerce.

While attending Boston College, he received the John A. McCarthy, SJ Award for the most distinguished Scholar of the College thesis.

Honors and Recognitions

Professional Associations and Activities

  • Boston Bar Association, Labor and Employment Law Steering Committee (2010-present)

See AllMichael R. Bertoncini in the News

September 14, 2016
University Business Magazine

Michael Bertoncini and Thomas Dorer Authored "Four Things You Should Know About the Adjunct Faculty Labor Movement"

September 14, 2016

Michael Bertoncini and Thomas Dorer Authored "Four Things You Should Know About the Adjunct Faculty Labor Movement," published in Unversity Business Magazine. Read More

August 24, 2016
Wolters Kluwer Employment Law Daily

Michael Bertoncini, Tom Dorer and Phil Rosen Authored “Student assistants win right to unionize at private colleges and universities"

August 24, 2016

Michael Bertoncini, Tom Dorer and Phil Rosen authored "Student assistants win right to unionize at private colleges and universities,” published in Wolters Kluwers Employment Law Daily. Subscription may be required to view article Read More

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August 26, 2016

Student Assistants Win Right to Unionize at Private Colleges and Universities

August 26, 2016

Reversing longstanding precedent, the National Labor Relations Board has ruled that students “who have a common-law employment relationship with their university are statutory employees under the [National Labor Relations] Act.” Columbia University, 364 NLRB No. 90 (Aug. 23, 2016). The decision, highly anticipated by... Read More

February 1, 2016

NLRB Regional Director Rejects Election Petition of Faculty at Religiously-Affiliated College

February 1, 2016

Colleges and universities contending that their tenured and tenure-track faculty are managerial employees who do not have the right to unionize or bargain collectively under the National Labor Relations Act should find reassurance in a recent National Labor Relations Board Regional Director’s decision declining to assert... Read More

December 3, 2015

Massachusetts Earned Sick Time Law: Safe Harbor Expires December 31, 2015; Full Compliance Deadline is January 1, 2016

December 3, 2015

Employers operating under the Massachusetts Earned Sick Leave Law “safe harbor” should prepare to fully comply with the Law beginning January 1, 2016. Background The Massachusetts Earned Sick Leave Law became effective July 1, 2015. Under the Law, all employees who work primarily in Massachusetts are entitled to accrue... Read More

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Can You Pass an OCR HIPAA Audit? Tips on Developing Best in Class Policies

July 23, 2015 - 1:00 PM to 2:00 PM EST
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Navigating Massachusetts’ New Paid Sick Leave Law

June 24, 2015 - 12:00 PM to 1:15 PM
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Managing the Physician Workforce of Today

April 1, 2015 - 10:45 AM to 10:45 AM
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See AllBlog Posts by Michael R. Bertoncini

Hospital May Fire Employee Who Refused Influenza Vaccination, Federal Court Finds
May 9, 2016

A Boston hospital reasonably accommodated an employee’s religious objections to its influenza vaccination program by offering alternatives, but exempting the employee from the vaccination requirement would impose an undue hardship on the hospital because of the risk of infection to patients, a federal court in Massachusetts has concluded, Read More

Respiratory Therapist May Proceed with Civil Rights Claims Based on Patient’s Request That He Not Be Treated by Black Employees
April 9, 2016

A respiratory therapist can proceed with her civil rights claims because questions remain about whether her hospital employer intended to honor a patient’s request that he not be treated by black employees, a federal court has ruled. Caprice McCrary v. Oakwood Healthcare, Inc., C.A. No. 14-14053 (E.D. Mich. Mar. 16, 2016). Read More

Check Your Spam Filter, You Might Have Been Selected for a HIPAA Audit!
March 22, 2016

Yesterday, the federal Office for Civil Rights (OCR) announced Phase 2 of its HIPAA Audit Program (Program). In its announcement, the OCR reports that the Program is underway and provides some helpful FAQs for covered entities and business associates about the Program. Read More