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. 

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. 

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 (1992)
    with distinction
    Associate Editor, Stanford Law Review
  • A.B., Harvard College (1989)
    magna cum laude
    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 

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

  • Represented sports club in investigation by Wage & Hour Division of U.S. Department of Labor
  • Represented insurance company in collective action by claims adjusters under FLSA and state law
  • Defended suit alleging misclassification of tennis professional under FLSA and Massachusetts law
  • Obtained preliminary injunction for Fortune 500 company enforcing former sales executive’s non-competition and non-solicitation agreement
  • Advise hospital 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 action 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 employee

Sample of Reported Cases

  • 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, "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?," Wage & Hour Litigation Blog, Seyfarth Shaw LLP (October 28, 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)