People: Patrick J. Bannon, Partner

Photo of Patrick J. Bannon, Partner

Patrick J. Bannon

Partner

Boston
Direct: (617) 946-4987
Fax: (617) 790-6755
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Patrick J. Bannon is a partner in the Labor & Employment department of Seyfarth Shaw LLP's Boston office. 

In state and federal court, in arbitration, and before state and federal agencies, Mr. Bannon represents employers in a wide range of labor and employment matters, including wage and hour collective and class actions, non-competition and trade secret disputes and complex discrimination claims.

Clients hire Mr. Bannon for his creative, efficient approach to litigation, his forceful oral and written advocacy, his thought-leadership regarding wage and hour law and his ability to offer advice that businesses can understand and use.  He has extensive experience defending against allegations of exempt employee misclassification, independent contractor misclassification and off-the-clock work.  He has helped a number of major clients develop and enforce arbitration agreements.

Mr. Bannon also helps businesses avoid litigation by advising them about all aspects of their relationships with employees, including:  compensation for both exempt and non-exempt employees; leaves of absence; discipline and termination; managing employees with physical and mental conditions that affect work; distinguishing employees from independent contractors; non-competition agreements; employment contracts; separation agreements; and reductions in force.

A regular speaker regarding employment law, Mr. Bannon is former vice-chair of the Labor & Employment Section of the Massachusetts Bar Association and has served as a volunteer mediator for the Massachusetts Commission Against Discrimination.  His articles regarding employment law have appeared in The Boston Globe, New England In-House, Compensation & Benefits Review and Mass High Tech. 

Mr. Bannon is recognized as a Massachusetts Super Lawyer for 2004-2012 and has been listed in Chambers USA "Leaders in their Field" since 2012.
 

Patrick J. Bannon is a partner in the Labor & Employment department of Seyfarth Shaw LLP's Boston office. 

In state and federal court, in arbitration, and before state and federal agencies, Mr. Bannon represents employers in a wide range of labor and employment matters, including wage and hour collective and class actions, non-competition and trade secret disputes and complex discrimination claims.

Clients hire Mr. Bannon for his creative, efficient approach to litigation, his forceful oral and written advocacy, his thought-leadership regarding wage and hour law and his ability to offer advice that businesses can understand and use.  He has extensive experience defending against allegations of exempt employee misclassification, independent contractor misclassification and off-the-clock work.  He has helped a number of major clients develop and enforce arbitration agreements.

Mr. Bannon also helps businesses avoid litigation by advising them about all aspects of their relationships with employees, including:  compensation for both exempt and non-exempt employees; leaves of absence; discipline and termination; managing employees with physical and mental conditions that affect work; distinguishing employees from independent contractors; non-competition agreements; employment contracts; separation agreements; and reductions in force.

A regular speaker regarding employment law, Mr. Bannon is former vice-chair of the Labor & Employment Section of the Massachusetts Bar Association and has served as a volunteer mediator for the Massachusetts Commission Against Discrimination.  His articles regarding employment law have appeared in The Boston Globe, New England In-House, Compensation & Benefits Review and Mass High Tech. 

Mr. Bannon is recognized as a Massachusetts Super Lawyer for 2004-2012 and has been listed in Chambers USA "Leaders in their Field" since 2012.
 

Education

  • J.D., Stanford Law School, with distinction (1992)
    Associate Editor, Stanford Law Review

  • A.B., Harvard College, magna cum laude (1989)
    Phi Beta Kappa

Admissions

  • Massachusetts
  • California

Courts

  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the Northern District of California
  • U.S. Court of Appeals for the First, Third and Ninth Circuits 
  • U.S. Supreme Court

Affiliations

  • American Bar Association, Labor and Employment Law Section, speaker and member
  • Massachusetts Bar Association, former Vice-Chair, Labor and Employment Section
  • Boston Bar Association
  • MCAD Volunteer Mediator Pilot Program (Volunteer Mediator, 2003-2006)

Representative Engagements

  • Enforced arbitration agreement that required former employees to pursue overtime claims through individual arbitration rather than nationwide collective action
  • Obtained summary judgment for insurance company against former sales agent’s claim of independent contractor misclassification
  • Defended major financial services companies in several would-be national class and collective actions alleging failure to pay overtime under FLSA and state law
  • Represented U.S. subsidiary of overseas company in action for alleged failure to pay commissions to former employee
  • Defended suit alleging misclassification of tennis professional under FLSA and Massachusetts law
  • Represented sports club in investigation by Wage & Hour Division of U.S. Department of Labor
  • Obtained preliminary injunction for Fortune 500 company enforcing former sales executive’s non-competition and non-solicitation agreement
  • Advise hospitals regarding all aspects of employee relationships, including wage and hour compliance, hiring, investigation of internal complaints, discipline and termination
  • Obtained summary judgment for billion-dollar semiconductor company in age discrimination case involving reduction-in-force and change to employee retirement plan
  • Defended retailer in collective actions by assistant managers seeking overtime under FLSA
  • Successfully enforced and successfully challenged numerous non-competition and non-solicitation agreements
  • Won arbitration award for executive who was forced out of a publicly traded company in breach of his employment contract
  • Negotiated dozens of executive employment and separation agreements
  • Defended financial services, consulting, manufacturing, and technology companies from claims of discrimination or harassment on the basis of sex, race, disability, age and other protected categories
  • Successfully litigated retaliation and whistleblower claims
  • Helped businesses avoid litigation through training, drafting and review of company policies and advice regarding employee discipline and termination
  • Defended employers against claims by employees for alleged failure to pay wages
  • Counseled businesses on how to reduce the size of their workforces while minimizing the potential for claims by terminated employees

Sample of Reported Cases

  • Opalinski v. Robert Half Intern. Inc., 15-4001, United States Court of Appeals, Third Circuit, January 30, 2017
  • Ruggiero v. American United Life Ins. Co;, Civil Action No. 13-12962-DPW, United States District Court for the District of Massachusetts, 137 F. 3d 104, September 30, 2015
  • Roma v. Raito, Inc., 1:13-CV-10297-LTS, United States District Court for the District of Massachusetts, 2015 WL 1523098, March 31, 2015
  • Opalinski v. Robert Half Intern. Inc., 12-4444, United States Court of Appeals, Third Circuit, 761 F.3d 326, July 30, 2014
  • Muise v. Lahey Clinic Hosp., Inc., Civil Action No. 13-10855-FDS, United States District Court for the District of Massachusetts, 2014 WL 1347046, March 26, 2014
  • Lombard Med. Techs., Inc. v. Johannessen, Civil Action No. 10cv10995-NG, United States District Court for the District of Massachusetts, 2010 U.S. Dist., 729 F. Supp. 2d 432, July 2, 2010
  • Iron Mt. Info. Mgmt. v. Viewpointe Archive Servs., LLC, CIVIL ACTION NO. 2010-10328-NMG, United States District Court for the District of Massachusetts, 707, F. Supp. 2d 92, April 12, 2010
  • Deluca v. Philips Electronics, N.A., 7:09-CV-09189, United States District Court for the Southern District of New York, Mem. & Order dated July 27, 2011
  • McKinney v. NXP Semiconductors USA, Inc., 06 Civ. 7199 (CS) (GAY), United States District Court for the Southern District of New York, 2009 U.S. Dist. LEXIS 86744, March 2, 2009
  • Packin v. Astra USA, Inc., G023345, Court of Appeal of California, Fourth Appellate District, Division Three, 2002 Cal. App. Unpub. LEXIS 4483, January 29, 2002
  • Vanderbilt v. Town of Chilmark, CA. No. 95-12403-JLT, United States District Court for the District of Massachusetts, 174 F.R.D. 225; 1997 U.S. Dist. LEXIS 12643; 74 Fair Empl. Prac. Cas. (BNA) 685; 74 Fed. R. Evid. Serv. (Callaghan) 1188, June 18, 1997
  • Wright v. United Airlines, No. 95-17329, United States Court of Appeals for the Ninth Circuit, 1997 U.S. App. LEXIS 1090, January 21, 1997

Presentations

  • Massachusetts Bar Association, Annual Labor and Employment Conference (2012)
  • American College of Health Care Administrators, Framingham, MA (March 12, 2012)
  • “Basic Employment Law Issues for Emerging Companies,” Cambridge Innovation Center (January 18, 2012)
  • “Deposition Do’s and Don’ts Demonstration,” ABA 5th Annual Labor and Employment Conference,  Seattle, WA (November 3, 2011)
  • “Executive Employment Agreements for Private Companies,” Massachusetts Bar Association (October 14, 2010)

Publications

  • Co-Author, "The Baton Passes Back to the East Coast: Prior Salary Ban Passed in Delaware and Philadelphia Law Suit Challenging Prior Salary Ban Back On," One Minute Memo, Seyfarth Shaw LLP (June 23, 2017)
  • Co-Author, "UPDATE: Lawsuit Challenging Philadelphia Salary History Ban Ordinance Dismissed," One Minute Memo, Seyfarth Shaw LLP (June 8, 2017)
  • Co-Author, “Businesses Challenge Philadelphia Law Prohibiting Inquiry into Prospective Employee’s Wage History,” One Minute Memo, Seyfarth Shaw LLP (April 25, 2017)
  • Co-Author, “Warehouses and Delivery Centers in Massachusetts May Operate on Sundays and Holidays Following an Amendment to the Commonwealth’s Blue Laws,” One Minute Memo, Seyfarth Shaw LLP (August 23, 2016)
  • Co-Author, "DOL Issues Guidance On Independent Contractor Classification Interpreting FLSA Broadly to Cover Most Workers as Employees," Management Alert, Seyfarth Shaw LLP (July 15, 2015)
  • Co-Author, "Game Changer? The Supreme Court Agrees to Consider Standards for Certifying FLSA Collective Actions and State Law Class Actions," Wage & Hour Litigation Blog, Seyfarth Shaw LLP (June 9, 2015)
  • Co-Author, "2014 Wage Hour Wrap Up," Wage & Hour Litigation Blog, Seyfarth Shaw LLP (December 29, 2014)
  • Co-Author, "Insights: Supreme Court Win for Employers," Chain Store Age (December 12, 2014)
  • Co-Author, "An 'Integral and Indispensable' Supreme Court Win For Employers Regarding What Counts As Time Worked Under the FLSA," Wage & Hour Litigation Blog, Seyfarth Shaw LLP (December 9, 2014)
  • Co-Author, "Horton Hears a Reversal: The Fifth Circuit Overturns the National Labor Relations Board’s Controversial D.R. Horton Decision," Wage & Hour Litigation Blog, Seyfarth Shaw LLP (December 4, 2013)
  • "(Arbitration) w/10 (Important Win For Employers): Sixth Circuit’s Reed Elsevier Decision Adds to Collection of Rulings Favoring Individual Arbitration," Wage & Hour Litigation Blog, Seyfarth Shaw LLP (November 11, 2013)
  • Co-Author, "Can It Be Retaliation If The Employer Would Have Done It Anyway? Insights From The Supreme Court’s Oral Argument," Management Alert, Seyfarth Shaw LLP (April 25, 2013)
  • Co-Author, "Early Consensus: Courts Rely on Comcast v. Behrend In Refusing To Allow Wage And Hour Cases To Proceed As Class Actions," Wage & Hour Litigation Blog, Seyfarth Shaw LLP (April 24, 2013)
  • Co-Author, "With the Speed of Broadband--Supreme Court Applies Comcast to Wage and Hour Case," Wage & Hour Litigation Blog, Seyfarth Shaw LLP (April 2, 2013)
  • Co-Author, "Did The Earth Just Move? Comcast Suggests Individual Damage Calculations Prevent Class Certification," Wage & Hour Litigation Blog, Seyfarth Shaw LLP (March 27, 2013)
  • Co-Author, "Behind the 'Magic-8 Ball': Supreme Court Hears Argument in Sutter," Wage & Hour Litigation Blog, Seyfarth Shaw LLP (March 25, 2013)
  • Co-Author, "Second Circuit Enforces Agreement To Individual Arbitration and Rejects 'Class Action As Substantive Right' Theory," Wage & Hour Litigation Blog, Seyfarth Shaw LLP (March 22, 2013)
  • Co-Author, "Individual Arbitration of FLSA Claims: Second Circuit to Decide," Wage & Hour Litigation Blog, Seyfarth Shaw LLP (March 20, 2013)
  • "Individual Arbitration of FLSA Claims and The 'Effective Vindication Doctrine'" Wage & Hour Litigation Blog, Seyfarth Shaw LLP (March 13, 2013)
  • "Beating a Dead (D.R.) Horton?" Wage & Hour Litigation Blog, Seyfarth Shaw LLP (February 26, 2013)
  • Co-Author, "Oxford HealthPlans v. Sutter Update: Oxford Health Files Its Brief With The Supreme Court," Wage & Hour Litigation Blog, Seyfarth Shaw LLP (February 3, 2013)
  • "Another Win For Arbitration Of FLSA Claims On An Individual Basis," Wage & Hour Litigation Blog, Seyfarth Shaw LLP (January 14, 2013)
  • Co-Author, "Supreme Court to Decide High-Stakes Question for Employers With Arbitration Agreements: Does An Agreement To Arbitrate 'All' Disputes Authorize An Arbitrator To Conduct A 'Class Arbitration'?" Wage & Hour Litigation Blog, Seyfarth Shaw LLP (December 9, 2012)
  • "Supreme Court To Show Its "(Italian) Colors" On Arbitration Agreements That Waive Class Arbitration Procedures," Wage & Hour Litigation Blog, Seyfarth Shaw LLP (November 15, 2012)
  • Co-Author, "Supreme Court Considers Evidence Needed for Certification of Broad(band) Class," Wage & Hour Litigation Blog, Seyfarth Shaw LLP (November 6, 2012)
  • Co-Author, "After the Storm: Workplace Safety and Wage & Hour Considerations," Environmental & Safety Law Update Blog, Seyfarth Shaw LLP (November 2, 2012)
  • Co-Author, "After the Storm: Workplace Safety and Wage & Hour Considerations," Management Alert, Seyfarth Shaw LLP (October 30, 2012)
  • Co-Author, “If We Close Because Of The Storm, Whom Do We Have to Pay and How Much?,” One Minute Memo, Seyfarth Shaw LLP (October 28, 2012)
  • “Criminal Background Information Changes: What Dealers Need To Know,” MSADA Magazine (September 1, 2010)
  • “OT for IT: Which Information Technology Employees Are Entitled to Overtime Pay?” Compensation and Benefits Review (June 11, 2010)
  • “National Contract Management,” National Contract Management Association Boston Chapter's 49th Annual Workshop (March 10, 2010)
  • “Are These Things Enforceable?” MSADA Legal Column (August 1, 2009)
  • “Bill Would Allow Unions to Expand at All Costs,” Boston Globe (January 18, 2009)
  • "Managing Engineers: Seven Employment Law Pitfalls and How to Avoid Them," Journal of Professional Issues in Engineering Education and Practice  (October 2005)
  • Contributing Editor, “Tortious Interference in the Employment Context,” ABA/BNA Books (2004)
  • “Your Company Could be Liable to Non-Employees,” New England In-House (October 1, 2004)
  • “Opposing Counsel Contacting Your Employees: What Company Lawyers Need to Know,” New England In-House (April 1, 2004)
  • “Cash Strapped? Deferring Employee Pay No Answer,” Mass High Tech (February 2. 2004)

Accolades

  • Recognized as a leading Lawyer for Labor and Employment in Massachusetts in Chambers USA: America’s Leading Business Lawyers (2012-2015)