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Jeffrey H. Lerer
Partner
Boston
In over thirty-two years of practice, Jeffrey Lerer has represented employers in a variety of industries (particularly hospitality, construction, cement, textiles and general manufacturing) in labor and employment matters. His primary areas of emphasis are traditional labor law and union-related matters (which would include counseling on union corporate campaigns), employment law litigation, and proactive counseling on employment law compliance matters. He is regarded as one of the preeminent labor management lawyers in the hospitality industry both in New England and throughout the U.S.
Jeffrey has been first chair in federal and state court employment-related litigation involving a wide range of claims including race, sex, age, handicap, FMLA, national origin, and sexual harassment. He has also litigated matters involving exceptions to the employment at-will doctrine, wage and hour claims, state tort claims, covenants not to compete and trade secret, confidentiality claims.
Jeffrey represents clients throughout the United States in matters involving labor-management relations as well as union-related disputes. He represents employers before the NLRB, at labor arbitration hearings, negotiations, and all types of representation hearings. Much of his work involves counseling employers on union organizing, neutrality arrangements, collective bargaining and decertification. Jeffrey represents clients (including foreign nationals) in labor disputes involving union-initiated corporate campaigns, develops strategies for defensing these campaigns, and provides clients with daily legal consultation to shape communications during these disputes. Among other labor-related matters, Jeffrey also:
Negotiates "Neutrality/Card Check" agreements in various industries and helps clients defend against union campaigns under such procedures, and trains supervisors and managers on appropriate conduct during organizing campaigns under card check agreements
Negotiates labor contracts for both individual and multi-employer clients in many industries, including hospitality, cement, and construction across the country
Helps clients develop contingency plans for labor disputes arising out of labor negotiations and open shop contractors working in the construction industry
Secures multi-state and federal labor injunctions involving picket line violence and violations of state statutes throughout the United States
Defends clients in WARN Act litigation
In addition to his work in employment and labor controversies, Jeffrey advises and provides supervisory training for clients regarding employee selection methods, working with unions and other workplace policies and procedures. That includes helping to draft employee handbooks and employment policies. He also provides proactive guidance on wage and hour matters, post 9/11 workplace discrimination issues, workforce reductions, WARN Act issues, OSHA/MSHA matters, as well as union avoidance. Jeffrey has and continues to represent clients facing SOX and related whistleblower claims.
Jeffrey undertakes specialized representation involving ERISA/Taft Hartley Trust Funds. He also defends employers in Trust Fund Health & Welfare and Pension audits, including Department of Labor and state investigatory audits, as well as unfunded liability claims. He also represents clients before the Massachusetts Attorney General's office regarding "tip" payments and pooling challenges.
Before joining Foley Hoag, Jeffrey was a senior labor partner and served in firm governance positions with firms based in Boston and South Carolina. He also had been a Field Attorney for the National Labor Relations Board, Kansas City, Missouri- Region 17, where he was the recipient of several merit awards.
Bars and Court Admissions
Massachusetts
Georgia
U.S. District Court for the Northern District of Georgia
U.S. District Court for the District of Massachusetts
U.S. Court of Appeals, Eleventh Circuit
U.S. Court of Appeals, First Circuit
U.S. Patent & Trademark Office (Agency)
U.S. Supreme Court
Representative Experience
The following is a brief summary of Jeffrey's experience and accomplishments:
Conduct ongoing negotiations for various New England and national construction contractors, including negotiating project labor agreements with the Massachusetts and New York Building Trades
Negotiated contract settlements on behalf of the Boston Hotel Association with the Hotel and Restaurant Workers' Union, Local 26, avoiding imminent work stoppages
Successfully defended the first Sarbanes-Oxley Whistleblower Complaint filed in the DOL's Region One office (New England)
Individual hotel and restaurant negotiations for clients in the Greater Boston area
Served as chief labor negotiator for the Insulator Contractors of Atlanta.
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