Philip Gordon is an experienced employment attorney, and serves as the Managing Partner of the Gordon Law Group, LLP.
Practice Areas
Philip's employment practice focuses on the employee, representing employees in every aspect of the employment relationship, with a particular concentration on class and collective action litigation for overtime pay, minimum wages, regular wages and commissions.
Philip currently represents thousands of workers in certified and conditionally certified class/collective actions against Wal-Mart, Federal Express, 1-800-East-West Mortgage Company, Cactus Salon and other major companies. He also represents thousands of temporary staffing workers in a wage and tip theft case, construction workers in a prevailing wage and overtime case, call-center employees in a minimum wage and overtime case and cable installers in an overtime case.
In addition to his class action practice, Philip also has expertise with respect to negotiation of executive employment contracts and equity packages, including matters related to stock options and other forms of equity, as well as severance payments, acceleration clauses, non-competition provisions, benefits and bonuses.
Philip acts as lead counsel in federal and state courts; as lead negotiator in direct and facilitated dispute resolution sessions; and regularly negotiates employment offers, option contracts, noncompetition agreements, employment contracts and severance arrangments.
Philip also frequently works with non-profit organizations on public interest matters, bringing much-needed class/collective action experience to devastating wage and hour abuses. Among his efforts included representing the 764 workers in a federal class action lawsuit against Michael Bianco, Inc., the former New Bedford factory that manufactured military gear for the U.S. Department of Defense. The company was the target of a March 2007 federal immigration raid that was broadly criticized for its inhumane treatment of the workers and their families. The settlement agreement, negotiated along with legal aid organizations Greater Boston Legal Services and South Coastal Counties Legal Services, provided for payment of hundreds of thousands of dollars in unpaid overtime and wages to 764 former Michael Bianco employees.
Recent Recognitions
(prior to 2005 available upon request)
New England Super Lawyer, 2008 and 2009 (joint edition of
Law & Politics and
Boston Magazine; recognizing the top 5% of the lawyers in New England), and previously a
Massachusetts Super Lawyer, 2004, 2005, 2006 and 2007
Top 100 Lawyers in Massachusetts, 2005 (joint edition of
Law & Politics and
Boston Magazine; recognizing the top 100 lawyers in Masachusetts across all practice areas)
40 Under 40 Award Recipient, 2006 by
Boston Business Journal
Who's Who in Executives and Professionals, 2005, 2006, 2007 (Global/National Register)
Experience
Prior to founding the Gordon Law Group, Philip served in the following capacities:
GenuOne, Inc. - General Counsel and Executive Vice President. GenuOne is one of the world's leading anti-counterfeiting companies, recently acquired by OpSec Security and now traded on the London Stock Exchange
WilmerHale LLP (formerly Hale and Dorr LLP) - Associate, Corporate Department
Judicial Clerkship
Justice Charles Fried, Supreme Judicial Court of Massachusetts
National Employment Lawyers' Association
(prior to 2005 available upon request)
Chair, Wage & Hour Committee of the National Employment Lawyers Association, Massachusetts Chapter (2006 - present);
Member, Class Action Committee, National Employment Lawyers Association.
Co-Author, amicus brief on behalf of the National Employment Lawyers' Association (Massachusetts Chapter), Greater Boston Legal Services (GBLS), Centro Presente, Chelsea Collaborative, Labor Council for Latin American Advancement (LCLAA), Massachusetts Coalition for Occupational Safety and Health (MassCOSH), Massachusetts Jobs with Justice (JwJ), Metrowest Immigrant Worker Center (MWIWC), Project Voice, American Friends Service Committee, and National Employment Law Project (NELP),
Don DiFiore & Others v. American Airlines, SJC-10313 (April 3, 2009) - regarding class action rules in wage and hour cases and retroactivity of the mandatory treble damages provision of the Wage Act (
View Article)
Author, amicus brief on behalf of the National Employment Lawyers' Association, Massachusetts Chapter,
Electronic Data Systems Corp. v. Attorney General, SJC-10260 (October 24, 2008) - regarding the treatment of vacation time as wages (
View Article)
Co-Author, amicus brief on behalf of the National Employment Lawyers' Association (Massachusetts Chapter), Greater Boston Legal Services (GBLS), Brazilian Immigrant Center (BIC), Centro Presente, Chelsea Collaborative, Chinese Progressive Association (CPA), Irish Immigration Center (IIC), Labor Council for Latin American Advancement (LCLAA), Massachusetts Coalition for Occupational Safety and Health (MassCOSH), Massachusetts Jobs with Justice (JwJ), Metrowest Immigrant Worker Center (MWIWC), Project Voice, American Friends Service Committee, and National Employment Law Project (NELP),
Salvas v. Wal-Mart Stores, Inc., SJC-10108 (April 28, 2008) - regarding the use of class action rules in wage and hour cases (
View Article)
Co-Author, amicus brief on behalf of the National Employment Lawyers' Association (Massachusetts Chapter),
Eigerman v. Putnam Investments, SJC-09854 (Nov. 5, 2007) - regarding the covenant of good faith and fair dealing in employment contracts (
View Article)
Recent Lectures/Panels/Government Testimony
(prior to 2005 available upon request)
Philip is a frequent lecturer and panelist on employment law, litigation and ethics. Below is a selection of recent appearances:
Chair, "Executive Compensation Law," Massachusetts Continuing Legal Education (Feb. 3, 2010) (
View Article)
Testimony on proposed "Employee Protection Act" hearings on S.726 before the Joint Committee on Labor and Workforce Development (Massachusetts House and Senate) (Oct. 28, 2009)
Lecturer, "Negotiating Employment Relationships," Yale University School of Management, Entrepreneurship Group (April 29, 2009)
Chair, "Litigating Wage & Hour Cases," Massachusetts Continuing Legal Education (April 7, 2009) (
View Article)
Lecturer, "'Win-win' - Negotiating the Employment Relationship for Success, with Philip Gordon," Harvard Business School Alumni Association (March 24, 2009) (
View Article)
Panelist, "Litigating Wage & Hour Class Actions," Boston Bar Association (March 18, 2009) (
View Article)
Lecturer, "Compensation Law in the Pharmacy," Annual Fall Health Care Symposium, presented by Massachusetts College of Pharmacy and Health Sciences (Oct. 30, 2008) (
View Article)
Panelist, "Hourly Workers: Employee Rights, Employer Obligations," Massachusetts Continuing Legal Education (June 19, 2008)
Panelist, "Wage and Hour Issues for the Complex Workplace," Boston Bar Association (May 28, 2008) (
View Article)
Chair, "Wage and Hour Issues," a panel plenary lecture to the New England Regional Conference of the National Employment Lawyers Association (May 9, 2008)
Lecturer, "Salary Negotiations: Aligning Your Interests - and Lining Your Pockets, with Philip Gordon," Harvard Business School Alumni Association (Feb. 25, 2008) (
View Article)
Lecturer, "Salesforce Compensation: Wage and Hour Laws from the Employee's Perspective," Massachusetts Continuing Legal Education (Dec. 11, 2007)
Lecturer, "Wage Laws: What Every Employee Needs to Know," Urban League of Greater Boston (2007-2008).
Testimony on proposed "Act Further Regulating Employee Compensation" hearings on S.1059 and H.4663, before the Joint Committee on Labor and Workforce Development (Massachusetts House and Senate) (2007)
Testimony on elder affairs before the Health and Human Services Committee (Massachusetts House and Senate) (February 15, 2007)
Guest Speaker, "How to Guide a Constituent through a Wage Complaint: Employee Rights and Employer Obligations," sponsored by Senator Thomas McGee, Senate Chair of Labor & Workforce Development (February 6, 2006)
Keynote Speaker, Lowell Workers' Forum (Jan. 10, 2006)
Moderator, Boston City Council Citywide Candidates Forum (featuring 7 of 8 candidates for office, including the incumbent Council President) (Oct. 11, 2005)
Keynote Speaker, "It's Not Just the Money", at a meeting of the 128 Innovation Capital Group (Sept. 8, 2005); presentation co-authored with Neil Wallack, founding General Partner, Vision Media Investors
Testimony on proposed "Act to Protect Employees from Unscrupulous Employers"; hearings on S. 928 and H. 3775, before the Joint Committee on Labor and Workforce Development (Massachusetts House and Senate) (June 15, 2005)
Lecturer, "Corporate Growth" at Technion University - Israel Institute of Technology, Faculty of Industrial Engineering and Management (Jan. 2005, Haifa, Israel)
Recent Publications
(prior to 2005 available upon request)
Below is a selection of recent publications:
Philip J. Gordon,
Retroactive Application of Wage Act Amendment is Fair, Massachusetts Lawyers Weekly (June 15, 2009)
Philip J. Gordon (Chapter Co-Author, Chapter 13, I and III),
MCLE: Massachusetts Employment Law, "Overtime provisions of the Fair Labor Standards Act and Massachusetts State Law: A Plaintiff's Perspective," and "Massachusetts Payment of Wages Law: A Plaintiff's Perspective" (Massachusetts Continuing Legal Education, 2008)
Philip J. Gordon (Co-Author)
MCLE: Massachusetts Wage And Hour Treatise, "Timely Payment of Wages and Independent Contractor Status" (2008)
Philip J. Gordon,
Wage Legislation Meets Needs of Employees and Employers, Massachusetts Lawyers Weekly (May 5, 2008)
Philip J. Gordon,
Earned Wage Legislation is Good for Bay State Businesses, Mass High Tech (March 10, 2008) (
View Article)
Philip J. Gordon (Chapter Author),
Salesforce Compensation: Wage and Hour Laws from the Employee's Perspective, Massachusetts Continuing Legal Education (Dec. 2007) (
View Article)
Philip J. Gordon,
Aligning Interests Improve Chances for VC Success, Boston Business Journal (Oct. 14-20, 2005) (
View Article)
Philip J. Gordon (Managing Partner, Gordon Law Group, LLP) and Keith D. Bilezerian (Chair, Employee Benefits & Executive Compensation Practice Group; Day, Berry & Howard LLP),
Aligning Interests Critical for Biz Growth; Develop Strategic Compensation Techniques, Mass High Tech (Aug. 29, 2005) (
View Article)
Philip J. Gordon,
Directorships: Pot of Gold or Career Pothole?, Mass High Tech (Dec. 29, 2004) (
View Article)
Philip J. Gordon,
Angels Must Be Aware of Legal Hazards Inherent in Investing, Boston Business Journal (Mar. 5-11, 2004) (
View Article)
Recent Radio Appearances
(prior to 2005 available upon request)
WBZ - Paul Sullivan, "The Paul Sullivan Show"
WTAG - Jordan Levy, "The Jordan Levy Show"
WBIX - Barry Armstrong, "Money Matters"
WBSM - Pete Braley, "Mornings with Pete Braley"
WPEP - "Hometown"
WBNW - Gina Ghioldi, "The Brass Ring"
Recently Quoted or Featured In
(prior to 2005 available upon request)
Julie Reischel, "Getting in on the (class) action," Lawyers Weekly (September 14, 2009)
Thomas E. Egan and Julia Reischel, "Skycaps win Wage Act appeal over tips," Lawyers Weekly (August 10, 2009)
Eric T. Berkman, "Fired worker owed used vacation days," Lawyers Weekly (June 22, 2009)
Barbara Rabinovitz, "Wage Act opponents press ahead," Lawyers Weekly (March 2, 2009)
Karen Lee Ziner, "Workers hail 'partial justice' with settlement," Providence Journal (Nov. 19, 2008) (
View Article)
Jesse Noyes, "Communication key for calming employee fears," Boston Business Journal (Oct. 24, 2008) (
View Article)
Correy Stephenson, "Workplace Bullying Suits on the Horizon," Lawyers USA (Oct. 15, 2008) (
View Article)
Lisa van der Pool, "Dowturn has laid-off workers calling lawyers," Boston Business Journal (May 2, 2008) (
View Article)
Lisa van der Pool, "Bullies beware: Employees have more options — including court — to confront bad bosses," Boston Business Journal (August 15, 2008) (
View Article)
Jesse Greenspan, "Mass. Gov. Allows Triple Damages Bill To Become Law," Employment Law 360 (April 17, 2008)
Sacha Pfeiffer, "Pay violations will trigger new penalties," Boston Globe (April 15, 2008) (
View Article)
Kyle Cheney, "Gov allows triple damages to become law, despite his own objections," State House News Service (April 14, 2008) (
View Article)
Steve LeBlanc (Associated Press), "Dems, Patrick clash on requiring triple damages for unpaid wages," Boston Globe & Boston Herald (March 3, 2008) (
View Article)
Donna Goodison, "Staples workers file lawsuit on overtime," Boston Herald (Oct. 17, 2007)
Greg Turner, "Staples employee sues for overtime pay: Class action status sought in allegations," MetroWest Daily News (Oct. 11, 2007) (
View Article)
Eve Tahmincioglu, "Watch your step - pay-docking ahead," MSNBC (June 15, 2007) (
View Article)
Ryan McBride, "Sole-investor model ultimately sank Therion," Mass High Tech (Dec. 18, 2006) (
View Article)
Chuck Green, "Study finds considerable worker concern over flu," Boston Business Journal (Nov. 17, 2006) (
View Article)
Jay Fitzgerald, "Triple-damage wage bill passes: Romney silent on tougher lawsuit rules," Boston Herald (Sept. 1, 2006)
Yvonne Abraham, "Bill would override SJC wage ruling," Boston Globe (Aug. 25, 2005) (
View Article)
Education
J.D., Suffolk University Law School, cum laude
Suffolk University Law Review, Technical Editor
Philip C. Jessup International Moot Court Team
First Place, Northeast Law Schools Regional Champtionship
Selected to represent United States in the International Competition
B.A., Bowdoin College
Community/Pro Bono Work
American Bar Association, Committee on Federal Labor Standards Legislation
Massachusetts Immigrant & Refugee Advocacy Coalition (MIRA), Member, Board of Directors
Wage and Hour Project of the Volunteer Lawyers Project, Member, Senior Partners for Justice
Maccabi Games 2004, Chairman of Hockey
Admissions
United States Supreme Court
US Court of Appeals -- First Circuit
Federal District Courts -- Massachusetts, New York and Colorado
States -- Massachusetts and New York