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Michael R. Bertoncini

Principal
Boston

P 617-305-1270
F 617-367-2155
Michael.Bertoncini@jacksonlewis.com

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Biography

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, and employment law counseling and litigation.

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.

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 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)

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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

June 10, 2015

Massachusetts Earned Sick Time Law Update: Safe Harbor Clarified, Form Notice Available

June 10, 2015

The Massachusetts Attorney General’s office posted on its website a clarification of its previously announced Safe Harbor provision extending the Massachusetts Earned Sick Time compliance deadline for employers who provide paid time off that is substantially similar to that required by the Law. The AG’s office clarification... 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