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Erik J. Winton

Principal
Boston

P 617-367-0025
F 617-367-2155
WintonE@jacksonlewis.com

Biography

Erik J. Winton is a Principal in the Boston, Massachusetts, office of Jackson Lewis P.C. He is the Co-Leader of the firm's Non-Competes and Protection Against Unfair Competition practice group. His practice focuses on restrictive covenant drafting, counseling, litigation avoidance and litigation. He regularly provides valuable counsel to clients in New England and across the country regarding these issues.

Mr. Winton has extensive experience as a litigator, including successful first chair jury trial experience. He represents employers in federal and state courts and administrative agencies in matters involving discrimination claims based on race, sex, sexual preference, national origin, and disability; retaliation, whistle blowing, wage/hour claims and Department of Labor complaints; allegations of wrongful discharge and breach of contract under the common law; and claims for tortuous injury, such as defamation, infliction of emotional distress and interference with advantageous relations. Mr. Winton has prevailed on the vast majority of dispositive motions filed on his clients’ behalf, including several reported cases.

Mr. Winton’s practice emphasizes advising employers regarding how to comply with the full range of federal and state labor and employment laws. This includes advising clients on issues relating to disability and leave management, reductions in force, wage and hour laws and workplace safety. Mr. Winton also drafts and negotiates executive employment and severance agreements on behalf of both employers and executives.

Mr. Winton speaks frequently regarding employment law issues. He joined the firm in 2000 after five years as a litigator at Fitzhugh & Associates (now Fitzhugh & Mariani, LLP), a litigation boutique with offices in Boston and Hartford, Connecticut. While attending law school, he was on the staff of the Cardozo Arts & Entertainment Law Journal.

Published Works

  • "Non-Competition Agreements: How to Stop Sales People From Leaving With Your Customers," The Lumber Co-Operator (February/March 2001) [Co-Author]

See AllErik J. Winton in the News

January 17, 2018
SHRM

Daniel Schwarz, Martha Van Oot, Erik Winton and Colin Thakkar Author "Three States May Restrict Use of Employment Noncompete Agreements"

January 17, 2018

Daniel Schwarz, Martha Van Oot, Erik Winton and Colin Thakkar author "Three States May Restrict Use of Employment Noncompete Agreements" published by SHRM. Subscription may be required to view article Read More

July 7, 2016
Thomson Reuters

Erik Winton Comments on Enforceability in Employment Contract Noncompetes

July 7, 2016

Erik Winton comments on the assignment and enforceability in noncompete agreements in employment contracts in "Noncompetes can be assigned without consent under Missouri law - 8th Circuit," published by Thomson Reuters. Subscription may be required to view article   Read More

May 3, 2016
Human Resource Executive Online

Erik Winton Discusses New Treasury Department Non-Compete Report

May 3, 2016

Erik Winton discusses the new Treasury Department report that examines non-compete agreements in Human Resource Executive Online’s “Debating Non-Competes.” Subscription may be required to view article. Read More

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January 9, 2018

New Hampshire, Pennsylvania, Vermont May Restrict Use of Non-Compete Agreements in Employment

January 9, 2018

Proposals to restrict the use of non-compete agreements in employment have been introduced in New Hampshire, Pennsylvania, and Vermont. This appears to be the continuation of a trend that started nearly a year ago. On January 23, 2017, the Massachusetts Legislature introduced six separate bills seeking to curb employers’ use of non-... Read More

December 27, 2017

Massachusetts Non-Compete Legislation – A Walk Through the ‘Garden’ … Leave Provision

December 27, 2017

With the approaching New Year bringing the possible passage of non-compete legislation in Massachusetts, we examine here the “Garden Leave” provision included in several proposed bills. The proposed “Garden Leave Bills” attempt to limit the frequency of enforcement of non-compete agreements and require compensation to employees for any... Read More

November 9, 2016

New DOJ, FTC Antitrust Compliance Guidance for Human Resources Attacks No-Poaching Agreements

November 9, 2016

Criticizing non-solicitation of employees — or “no-poaching” — agreements as an alleged factor in holding back wage growth, the U.S. Department of Justice and the Federal Trade Commission have issued antitrust guidance on human resources issues. This is consistent with and continues the White House’s recent... Read More

Showing 1-3 of 9

See AllBlog Posts by Erik J. Winton

The Trend Continues: New Non-Compete Bills Introduced In Pennsylvania, New Hampshire and Vermont
January 10, 2018

In the final month of 2017 we discussed efforts by the Massachusetts and New Jersey legislatures to limit the use of employment non-compete agreements. By the start of 2018, the spike in activity had become a trend, with Pennsylvania, New Hampshire and Vermont introducing non-compete legislation of their own. Read More

In The Weeds: A Close Inspection Of The Massachusetts Legislature’s Garden Leave Push
December 28, 2017

The Massachusetts Legislature has spent the past several years seeking to regulate the use of restrictive covenant agreements in the Commonwealth. Read More

White House Continues Attack on Non-Compete Agreements
November 2, 2016

The assault on non-compete agreements has continued in a significant way, as outlined in our web article, White House Continues Attack on Non-Compete Agreements.  The latest White House document, coupled with prior reports from the White House and Treasury Department, as well as actions initiated by the Attorney General of New York and Read More