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    1. Home
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    3. Jeffrey B. GilbrethPeople
    1. Home
    2. People
    3. Jeffrey B. GilbrethPeople

    Jeffrey B. Gilbreth

    Partner


    • Boston
    • Office617.345.1371
    • jgilbreth@nixonpeabody.com

    I'm a 2023 Nixon Peabody Pro Bono Champion.Read more about our Pro Bono program

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    Introduction

    Jeff Gilbreth is a partner in the Labor & Employment group. He represents employers of all sizes and across all industries.

    Practice Areas

    Labor & EmploymentEmerging CompaniesWage-Hour Compliance & LitigationWorkplace: Policies, Procedures & TrainingExecutive CompensationLabor & Employment LitigationNon-Compete & Trade SecretsTransactional Employment Due Diligence

    My focus

    Any employer, even those with just one employee, has employment law issues. I help clients with all aspects of employment law, but much of my work is focused on these areas:

    Wage-Hour

    Wage-hour laws are incredibly detailed and expose employers to significant potential liability (multiple damages, attorneys’ fees, class/collective claims). I work with companies proactively to ensure their policies and practices comply with all applicable wage-hour laws, and I defend them when something goes awry and they face a claim from a current or (more likely) former employee.

    My experience runs the gamut from negotiating settlements for small startups with single employee disputes to litigating national class actions for publicly traded companies.

    Layoffs/Reductions in Force

    Employers are regularly reorganizing their workforces, which often results in a layoff or reduction in force. Whenever large numbers of employees are let go, employers face significant potential liability.

    I work with clients of all sizes to navigate the pitfalls associated with restructurings and layoffs. I help my clients at every step of the process to help minimize exposure to discrimination and other wrongful termination claims, comply with the WARN Act and related state statutes, prepare separation agreements and to communicate effectively with the remaining workforce.

    Employee Management

    Employees are constantly posing challenges for their employers, and I help my clients navigate these challenges. My work in this area often involves advising clients on managing leaves of absence, disciplining problem employees, protecting trade secrets, enforcing non-compete and other post-employment restrictions and managing workplace investigations.

    Looking ahead

    Advances in technology means employees are always connected. While great for productivity, these developments mean employers face new and significant wage-hour exposure.

    Insights

    • “The Impact of Employment Law Compliance in Technology Start-Ups,” National Symposium on Technology in Labor and Employment, Washington DC, April 28, 2022
    • “HR and Employment Best Practices and Policies,” 2018 Million Dollar Round Table EDGE Meeting, Boston, MA, November 8, 2018

    Admitted to practice

    Massachusetts
    U.S. District Court, District of Massachusetts
    U.S. Court of Appeals, First Circuit

    Education

    Boston College Law School, J.D., magna cum laude
    Trinity College, B.A., Phi Beta Kappa

    Professional activities

    • Massachusetts Bar Association
    • Boston Bar Association

    Recognition

    • Selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2023 in the field of Employment Law - Management 
    • Boston Magazine Top Lawyers, Employment (2021)
    • Recognized for exceptional standing in the legal community in Chambers USA: America’s Leading Lawyers for Business 2019 for Labor & Employment (Massachusetts); also recognized in Chambers in previous years
    • Excellence in Law award in 2013 from Massachusetts Lawyers Weekly
    • Recognized in Massachusetts Lawyers Weekly as an “Up & Coming Lawyer”
    • Recognized as a 2020 Litigation Star by Benchmark Litigation (as well as in prior years)
    • Selected as a “Rising Star” in Employment & Labor by Super Lawyers 2007–2009 and 2011–2017

    In the News

    • Massachusetts Lawyers Weekly

      Management-side attorneys reflect on wave of pay transparency laws

      Boston Labor & Employment partner Jeff Gilbreth is quoted in this article, which features commentary on the growing number of pay transparency laws nationwide and their impact on Massachusetts companies that do business across multiple states. Jeff explains that a pending bill in Massachusetts could be disruptive for smaller companies, as it would apply to public and private employers with 15 or more employees.

      Jan 27, 2023
    • Mergers & Acquisitions

      Gemspring Capital buys Amplix

      The following article covers the merger of technology advisory firms ROI Communications, Blue Front Technology Group, and allConnex into a new company, Amplix, which was then acquired by an affiliate of Gemspring Capital Management. The coverage mentions NP as legal advisor for the three firms that merged and were acquired. Corporate partners Greg O’Shaughnessy from Boston and Rachel Pugliese from New York City led the NP deal team, which also included Corporate partners Tom McCord from Boston, Sean Clancy from Washington, DC, and Sam Kim from Chicago; Manchester Affordable Housing & Real Estate partner Mark Beaudoin; Chicago IP partner Janet Garetto; Boston Labor & Employment partner Jeff Gilbreth; Chicago Labor & Employment counsel Kamau Coar; Corporate associates Paul DeTurk and Carolyn Glynn from Boston and Corey Habib from Manchester; Chicago IP associate Eliana Torres; Manchester Corporate department attorney Dave Zimmermann; and Boston Corporate senior paralegal Robert Isaacson.

      Dec 13, 2022
    • Channel Futures

      PE-backed New England technology advisor team-up forms Amplix

      The following article covers the merger of technology advisory firms ROI Communications, Blue Front Technology Group, and allConnex into a new company, Amplix, which was then acquired by an affiliate of Gemspring Capital Management. The coverage mentions NP as legal advisor for the three firms that merged and were acquired. Corporate partners Greg O’Shaughnessy from Boston and Rachel Pugliese from New York City led the NP deal team, which also included Corporate partners Tom McCord from Boston, Sean Clancy from Washington, DC, and Sam Kim from Chicago; Manchester Affordable Housing & Real Estate partner Mark Beaudoin; Chicago IP partner Janet Garetto; Boston Labor & Employment partner Jeff Gilbreth; Chicago Labor & Employment counsel Kamau Coar; Corporate associates Paul DeTurk and Carolyn Glynn from Boston and Corey Habib from Manchester; Chicago IP associate Eliana Torres; Manchester Corporate department attorney Dave Zimmermann; and Boston Corporate senior paralegal Robert Isaacson.

      Dec 13, 2022
    • The Deal

      Resonetics to acquire two SAES units

      The following article covers Resonetics LLC’s $900 million agreement to acquire Memry Corp. and SAES Smart Materials Inc. from NP client SAES Getters SpA. The article mentions Manchester partner and Private Equity & Family Offices team leader Phil Taub and Boston partner Amy O’Keefe, both of the Corporate group, for leading the NP team representing SAES Getters on U.S. legal matters. The team also includes Chicago partner and Global Finance co-leader Rob Drobnak; Corporate partners Alexandra Lopez-Casero and Thomas McCord from Boston, Andrew Share from Manchester, and Sean Clancy from Washington, DC; Affordable Housing & Real Estate partners Mark Beaudoin from Manchester and Alison Torbitt from San Francisco; Boston Labor & Employment partner Jeff Gilbreth; Rochester Intellectual Property partner Kristen Walsh; Washington, DC Complex Disputes partner and Antitrust leader Gordon Lang; Manchester Government Investigations & White-Collar Defense partner Mark Knights; Rochester counsel and Cybersecurity & Privacy deputy leader Jenny Holmes; Boston Corporate counsel David Crosby; Washington, DC Complex Disputes counsel Brian Whittaker; Albany Affordable Housing & Finance counsel Dana Stanton; Corporate associates Shaziah Singh from New York, Anthony Bova from Boston, Corey Habib from Manchester, and Hrishikesh Shah from Chicago; and Manchester Corporate department attorney Dave Zimmermann.

      Dec 9, 2022
    • The Boston Globe

      ‘Mission impossible’: With Boston’s proof-of-vaccination mandate set to begin, businesses worry

      Boston partner Jeff Gilbreth is quoted on how Boston’s new proof-of-vaccination mandate creates a different challenge than a mask mandate, where businesses could have masks on hand for patrons as a workaround. Jeff is also quoted on how the requirement presents unique challenges for non-restaurant venues included in the policy, such as gyms, concert venues, or pools.
      Jan 13, 2022
    • The Daily Record

      OSHA regulations likely to be challenged

      The following coverage of OSHA’s federal COVID vaccination and testing guidelines for large private employers includes outlook from Boston partner Jeff Gilbreth and Rochester partner Kim Harding, both of the Labor & Employment group. They discuss what companies need to know and how they can prepare, and—with several states filing related lawsuits—both Jeff and Kim emphasize that employers should still proceed as though the regulations will be implemented.
      Nov 5, 2021
    • Bloomberg Radio

      Baystate Business

      The following coverage of OSHA’s federal COVID vaccination and testing guidelines for large private employers includes outlook from Boston partner Jeff Gilbreth and Rochester partner Kim Harding, both of the Labor & Employment group. They discuss what companies need to know and how they can prepare, and—with several states filing related lawsuits—both Jeff and Kim emphasize that employers should still proceed as though the regulations will be implemented.
      Nov 5, 2021
    • The Boston Globe

      How the OSHA vaccine and testing mandate might play out for local businesses

      The following coverage of OSHA’s federal COVID vaccination and testing guidelines for large private employers includes outlook from Boston partner Jeff Gilbreth and Rochester partner Kim Harding, both of the Labor & Employment group. They discuss what companies need to know and how they can prepare, and—with several states filing related lawsuits—both Jeff and Kim emphasize that employers should still proceed as though the regulations will be implemented
      Nov 5, 2021
    • The Boston Globe

      Businesses are stuck waiting for federal vaccine mandate rules

      This article on OSHA’s impending vaccine requirement for larger employers quotes Boston Labor & Employment partner Jeff Gilbreth on some of the key questions facing employers. He also notes that the long lead time could enable groups to prepare lawsuits challenging whether OSHA has the authority to issue a private employer mandate.
      Oct 5, 2021
    • Law360

      CDC adjusts mask guidance as Delta variant surges

      This article, covering the U.S. Centers for Disease Control and Prevention’s updated mask guidance following a surge in COVID-19 cases, quotes Boston Labor & Employment partner Jeff Gilbreth on the numerous factors employers will need to navigate as they consider their return-to-work plans.
      July 27, 2021
    • Bloomberg Radio

      Baystate Business

      Boston Labor & Employment partner Jeff Gilbreth joined the radio program to discuss recent workplace vaccine guidance from the Equal Employment Opportunity Commission (EEOC), including employers’ concerns, industries where some organizations have mandated vaccinations, and what could constitute “coercive” incentives from employers, among other related topics.
      June 7, 2021
    • The Boston Globe

      Things you need to know about returning to work now that COVID is receding

      This article covering a range of questions employees will face as they begin returning to offices quotes Boston Labor & Employment partner Jeff Gilbreth on whether employers can make union workers get vaccinated or wear a mask, and the likelihood that many workplaces will adopt a “bifurcated” vaccine and mask policy for vaccinated and unvaccinated employees.
      May 18, 2021
    • Law360

      CDC's about-face on masks puts employers in a bind

      The following media clip features Boston Labor & Employment partner Jeff Gilbreth discussing the new CDC guidance for vaccinated people and how it could impact employers, including the dilemma of having two sets of rules for vaccinated and unvaccinated workers versus maintaining a single set of rules with mask mandates.
      May 14, 2021
    • Bloomberg Radio

      Baystate Business- From the MBTA to MGH

      The following media clip features Boston Labor & Employment partner Jeff Gilbreth discussing the new CDC guidance for vaccinated people and how it could impact employers, including the dilemma of having two sets of rules for vaccinated and unvaccinated workers versus maintaining a single set of rules with mask mandates.
      May 14, 2021
    • The Boston Globe

      As businesses digest CDC mask guidance, some look to Governor Baker for faster reopening

      This article covering the CDC’s new mask guidance for fully vaccinated people quotes Boston Labor & Employment partner Jeff Gilbreth on implications for employers and the workplace, including how it could get problematic if employers ask for evidence of vaccination.
      May 13, 2021
    • New England Cable News

      The CDC has released guidelines for vaccinated people. Here's what to know

      In this television news segment on the CDC’s new COVID-19 guidelines for vaccinated people, Boston Labor & Employment partner Jeff Gilbreth discussed how businesses can continue enforcing additional guidance they have in place, such as mask mandates.
      March 8, 2021
    • Bloomberg Radio

      Baystate Business: Snow, Stimulus, and Fitness

      Boston Labor & Employment partner Jeff Gilbreth joined Thursday’s “Baystate Business“ radio program to discuss whether employers can and should mandate that employees get a COVID-19 vaccine in order to return to the office.
      Dec 16, 2020
    • Bloomberg Radio

      Baystate Business: Climate Change, Labor Laws

      In this radio segment, the hosts interview Boston Labor and Employment partner Jeff Gilbreth about Massachusetts’ new family and medical leave law and how it may impact employers.
      April 23, 2019
    • Bloomberg BayState Business

      Non-competes

      Labor & Employment partner Jeff Gilbreth and Complex Commercial Disputes partner Matt McLaughlin, both of the Boston office, joined Bloomberg Radio to discuss the new Massachusetts law restricting the use of noncompete clauses by businesses.
      Sep 26, 2018
    • Bloomberg Radio

      Markets, platelets and jazz

      Boston Labor and Employment partner Jeff Gilbreth appeared on Bloomberg Radio to discuss a Massachusetts equal pay law.
      June 29, 2018
    • Bloomberg Radio

      Drug testing in the workplace

      Boston labor and employment partner Jeff Gilbreth spoke to the hosts of Bloomberg Radio on the challenges of drug testing in the workplace in Massachusetts.
      June 19, 2018
    • Big Sky Business Journal

      Montana Highlights

      Nixon Peabody is mentioned in this roundup of major Montana business news for its representation of Eagle Bancorp Montana, Inc., in its acquisition of Ruby Valley Bank in Twin Bridges, Montana. Nixon Peabody’s deal team was led by Public Company Transactions partner Lloyd Spencer and senior counsel Ray Gustini and included Public Company Transactions partner Sean Clancy, Real Estate partner Colette Dafoe, Energy & Environmental Group partner Jean McCreary, and Labor & Employment partners Jeff Gilbreth, Yelena Gray and Tom McCord.
      April 9, 2018
    • Fast Company

      Learning how to keep staff at 40 hours per week; new labor laws are expanding who must be paid extra for working more than 40 hours

      Boston Labor & Employment partner Jeffrey Gilbreth is quoted throughout this article about the labor laws going into effect in December 2016, and ideas for employers to keep their staff members at 40 hours a week.
      Oct 19, 2016
    • Practical Law

      Social Media in the Hiring Process

      Labor & Employment partner Jeff Gilbreth and associate Joe Carello discuss a number of issues facing employers that access and use social media in the hiring process.
      Dec 1, 2015
    • WFXT-TV (Boston FOX affiliate)

      Pregnancy and the Workplace

      Boston Labor & Employment partner Jeff Gilbreth discusses claims of pregnancy discrimination in the workplace and what employers can do to avoid such claims.
      Oct 3, 2014
    • WFXT-TV (Boston FOX affiliate)

      Fired Market Basket Employees Say They're Due Wages, Demand Action

      Boston Labor & Employment partner Jeff Gilbreth provides third-party commentary on the employment issues resulting from a change in top management at supermarket chain Market Basket.
      Aug 1, 2014
    • WFXT-TV (Boston FOX affiliate)

      New Guidelines on Pregnancy Discrimination

      Boston Labor & Employment partner Jeff Gilbreth discusses new guidelines issued by the Equal Employment Opportunity Commission that make clear to employers that refusing to give reasonable accommodations to pregnant workers is illegal under federal law.
      July 16, 2014
    • Forbes

      Managers: 7 Tips for Contentious Employee Terminations

      Boston Labor & Employment partner Jeff Gilbreth is quoted in this workplace column about downsizing.
      June 9, 2014
    • Forbes

      Managers: 7 Tips for Laying Off Employees Due to Downsizing

      Boston Labor & Employment partner Jeff Gilbreth is quoted throughout this workplace column discussing tips employers can follow regarding downsizing.
      June 2, 2014
    • WFXT-TV (Boston FOX affiliate)

      Massachusetts' New Medical Marijuana Law and What Employers Need to Consider

      In this live TV interview, Boston Labor & Employment partner Jeff Gilbreth provides third-party legal commentary on what employers need to consider regarding the state’s new medical marijuana law.
      Feb 10, 2014
    • WFXT-TV (Boston FOX affiliate)

      Stores Taking Steps to Keep Crowds Controlled During Black Friday Shopping

      In this Q&A, Boston Labor & Employment partner Jeff Gilbreth discusses the Department of Labor’s guidelines for retailers about crowd safety during the busy holiday shopping season.
      Nov 28, 2013

    Insights And Happenings

    View All
    • Alert

      UPDATE: Massachusetts Emergency Paid Sick Leave Extended Effective October 1

      Oct 8, 2021
    • Alert

      New CDC guidance for fully vaccinated people has employers asking “What do we do on vaccinations?”

      May 26, 2021
    • Alert

      Rethinking the Post-COVID workforce

      Feb 24, 2021
    View All

    Professionals in the Practice Area

    View All
    • Tara E. Daub

      Partner / Practice Group Leader, Labor & Employment
      • Long Island
      • Office:516.832.7613
      • tdaub@nixonpeabody.com
      Tara E. Daub
    • Richard J. Frey

      Partner
      • Los Angeles
      • Office:213.629.6177
      • rfrey@nixonpeabody.com
      Richard J. Frey
    • Kimberly Harding

      Partner / Deputy Leader, Litigation Department
      Leader, Labor Relations Team
      • Rochester
      • Office:585.263.1037
      • kharding@nixonpeabody.com
      Kimberly Harding
    • Stacie B. Collier

      Partner / Chief Talent Officer
      • Providence
      • Office:401.454.1018
      • sbcollier@nixonpeabody.com
      Stacie B. Collier
    • Rachel L. Conn

      Partner / Leader, Occupational Safety & Health (OSHA) Practice
      • San Francisco
      • Office:415.984.8216
      • rconn@nixonpeabody.com
      Rachel L. Conn
    View All

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