Much is being written about “remote work” – is it productive, will demand for it continue or be curtailed in a recession, is cybersecurity compromised, does it inhibit workplace culture, collaboration, etc. Lots of questions, few clear answers. Read more at our Workplace Privacy, Data Management & Security Report.
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.
As we leave 2022 behind us, here are seven things healthcare employers should watch for in 2023.
- Medical Residents and Interns Unionizing. Yes, you read that right. 2022 saw organizing among these groups on both coasts. This is happening as we see a resurgence in organizing among graduate students and even undergraduate student
The American Society for Health Care Human Resources Administration (ASHHRA) recently held an incredibly useful conference bringing together healthcare human resources leaders from around the country. Here are four key takeaways from that gathering of thought leaders.
- Employee Engagement Impacts Patient Care and Revenue
While this may seem self-evident to those on the front lines,…
OSHA has just announced it is partially reopening the record on the rulemaking for the permanent healthcare COVID-19 standard known as the rule on Occupational Exposure to COVID-19 in Healthcare Settings. For more information please see this post at our OSHA Law Blog.
The U.S. District Court for the Western District of Louisiana has granted a preliminary injunction enjoining the Centers for Medicare and Medicaid (CMS) from enforcing its COVID-19 vaccine mandate nationwide. Louisiana et al. v. Becerra et al., No. 3:12-CV-03970 (W.D. La. Nov. 30, 2021). This injunction takes immediate effect. The Louisiana federal court carved…
Ten states filed a lawsuit challenging CMS’ Interim Final Rule (IFR) requiring COVID-19 vaccination amongst a wide range of staff working at Medicare- and Medicaid-certified providers and suppliers. The U.S. District Court for the Eastern District of Missouri granted the states’ request for a preliminary injunction, pending a trial on the merits of the claims,…
Non-compete covenants in physician employment and shareholder agreements are common practice. Whether they are legally enforceable as drafted varies from state to state. In this podcast, Jackson Lewis attorneys explore how hospital systems and medical groups can protect their goodwill and legitimate business interests.
Click here for the full post which appeared on Jackson Lewis’ Disability, Leave & Health Management Blog.
A white nurse failed to establish that her termination for circulating an e-mail critical of President Obama occurred because of her race, a federal appeals court has found, affirming summary judgment for the employer. DeCarolis v. Presbyterian Medical Center of the Univ. of Pennsylvania Health System, d/b/a Penn Presbyterian Med. Ctr., No. 12-3647 (3…
Click here for the full post which appeared yesterday on Jackson Lewis’ Labor & Collective Bargaining blog.