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Michael R. Bertoncini

Principal
Boston

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

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, 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

Best Lawyers Award Badge
The Legal 500 - The Clients Guide to Law Firms

Professional Associations and Activities

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

See AllMichael R. Bertoncini in the News

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August 15, 2017
Jackson Lewis

Best Lawyers in America© Honors Jackson Lewis Attorneys in Its 2018 Edition

August 15, 2017

WHITE PLAINS, NY (August 15, 2017) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce 193 attorneys, were recognized in the 2018 Edition of The Best Lawyers in America©, a publication that has become universally regarded as the definitive guide to legal excellence. The Best Lawyers lists are... Read More

May 31, 2017
Jackson Lewis

Jackson Lewis Recommended in The Legal 500

May 31, 2017

WHITE PLAINS, NY (May 31, 2017) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce the firm and its attorneys have been recommended in The Legal 500 United States 2017 in the following practice areas falling under the Labor and Employment designation: Employee health and retirement plans,... Read More

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

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August 23, 2017

Grad-Student Unions One Year after Columbia University: More to Come or a Thing of the Past?

August 23, 2017

In August 2016, the National Labor Relations Board reversed longstanding precedent and 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). A year later, with President Donald Trump... Read More

February 2, 2017

NLRB General Counsel Concludes Division I Scholarship Football Players are Employees under Labor Law

February 2, 2017

Scholarship football players in Division I FBS private sector colleges and universities are employees under the National Labor Relations Act, National Labor Relations Board General Counsel Richard F. Griffin has concluded. Accordingly, he explained, the players have all of the rights and protections available to employees under the Act... Read More

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

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See All Upcoming Michael R. Bertoncini Events

Oct 24

Washington, DC
Register Now

2nd Annual Higher Education Law Summit: Hot Topics for Colleges and Universities

October 24, 2017 - 7:30 AM to 5:00 PM EST
3501 Nebraska Ave NW - Washington, DC
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending
Register Now

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Archived

Watch Now

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

Credits: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

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Navigating Massachusetts’ New Paid Sick Leave Law

June 24, 2015 - 12:00 PM to 1:15 PM

Credits: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

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Managing the Physician Workforce of Today

April 1, 2015 - 10:45 AM to 10:45 AM

Credits: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

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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