Philip Gordon is an experienced employment attorney, and serves as the Managing Partner of the Gordon Law Group, LLP.

Philip is also President of the Massachusetts Employment Lawyers Association (View MELA Website).


Most Recently

Philip has been recognized again as one of the top 5% of the lawyers in Massachusetts, across all practice areas, as published in the 2010 joint edition of Law & Politics and Boston Magazine. (View Listing)

Philip was a guest on WBZ News with Christina Hager to discuss Anna Jaques Hospital tesing policies.  (December 21, 2010) (View Video)

Philip was a guest on Fox News with Maria Stephanos to discuss legal issues faced by employees seeking new jobs.  (November 26, 2010) (View Video)

Philip served as a Guest Lecturer as part of the "10th Annual Consumer Class Action Symposium," at the National Consumer Law Center's Annual Consumer Rights Litigation Conference (November 14, 2010) (View Article)


Practice Areas

Philip's law practice focuses on the employee.  He represents employees in every aspect of the employment relationship, with a particular concentration on class action litigation for overtime pay, discrimination, minimum wages, regular wages and commissions.

In his class action work, Philip currently represents thousands of workers in complex class actions against major companies, such as Federal Express and Wal-Mart.  He also represents thousands of construction workers in prevailing wage and overtime cases, wait staff in major fast food restaurant chains in wage and tip theft cases, call-center employees in minimum wage and overtime cases, cable installers/technicians in overtime cases, and a landmark class of possibly thousands of workers in a groundbreaking discrimination case against a major transportation authority.  He believes that when workers band together, almost anything is possible.

In addition to his class action practice, Philip has extensive experience with respect to negotiating executive employment contracts, severance agreements 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 and as lead negotiator in direct and facilitated dispute resolution sessions.  

Philip also frequently works with non-profit organizations on public interest matters, bringing much-needed class and collective action experience to devastating wage and hour abuses.  His more recent efforts include 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.


What Others Are Saying
(prior to 2005 available upon request)

Top 100 Lawyers in Massachusetts, 2005 (recognizing the top 100 lawyers in Massachusetts across all practice areas; joint edition of Law & Politics and Boston Magazine)

Massachusetts Super Lawyer, every year since its first publication: 2004 through 2010 (recognizing the top 5% of the lawyers in Massachusetts, across all practice areas; joint edition of Law & Politics and Boston Magazine) (View Article)

40 Under 40 Award Recipient, 2006 by Boston Business Journal

Who's Who in Executives and Professionals, 2005, 2006, 2007 (Global/National Register)


Representative Cases
(prior to 2005 available upon request)

Rascon v. FedEx Ground Package System, Inc., et. al. (2008; update 2010)
The firm is prosecuting a class action against FedEx on behalf of FedEx drivers in Colorado.  These workers failed to receive overtime pay for the hours spent delivering pakages and performing other work for the company, and the suit seeks to recover those unpaid wages. The District Court in Colorado granted class certification in August 2010, and both the Colorado Court of Appeals and the Colorado Supreme Court have dismissed FedEx's appeal.

Rodriguez v. Massachusetts Bay Transportation Authority (2010)
The firm is prosecuting a class action on behalf of approximately 1,650 women and 350 Latinos who work at the MBTA and suffer discrimination.  These workers have trouble getting hired, receive lower pay than their non-Latino and male colleagues, find themselves disciplined more often and obtain fewer promotions.  The case is filed with the Massachusetts Commission Against Discrimination and the parties await the Commission's decision on class certification.

Salvas v. Wal-Mart Stores, Inc. (2001; update 2010)
The firm is class counsel in the landmark wage class action against Wal-Mart Stores on behalf of 93,000 Massachusetts employees; settled in 2010 for $40,000,000.

Carter v. Newton Hospitality, Inc., et. al. (2007)
The firm prosecuted a class action on behalf of 2,600 waiters, bartenders and staff members in connection with unpaid tips and wages for work performed on behalf of a temporary staffing agency.

Chach v. Michael Bianco, Inc., et. al. (2007)
The firm prosecuted a class action on behalf of 764 workers in connection with unpaid wages for work performed in a former New Bedford factory that manufactured military gear for the U.S. Department of Defense. 


National Employment Lawyers' Association
(prior to 2005 available upon request)

President,  Massachusetts Employment Lawyers Association (View MELA Website) (affiliate of the National Employment Lawyers Association) (2010 - present).

Chair, Wage & Hour Committee of the Massachusetts Employment Lawyers Association, Massachusetts Chapter (2006 - 2010).

Author, amicus brief on behalf of the National Employment Lawyers' Association (Massachusetts Chapter), Greater Boston Legal Services (GBLS) and the National Employment Law Project (NELP), Don DiFiore & Others v. American Airlines, First Circuit Court of Appeals, Nos. 10-1108, 10-1167 and 10-1264 (August 27, 2010) - regarding the mandatory treble damages provision of the Wage Act.

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, Supreme Judicial Court of Massachusetts, 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, Supreme Judicial Court of Massachusetts, 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., Supreme Judicial Court of Massachusetts, 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 and some upcoming appearances: 


Panelist, "FLSA Update:  Classifying Employees Under the FLSA's Administrative Exemption:  Are You Flirting With Disaster?"  Boston Bar Association (April 27, 2011) (View Article)

Chair, "Litigating Wage & Hour Cases," MCLE (March 15, 2011) (View Article)

Panelist, "Complex Issues & Emerging Trends in Class Action Litigation," Massachusetts Bar Association (January 13, 2011)

Panelist, "13th Annual Employment Law Conference," Massachusetts Continuing Legal Education (December 10, 2010) (View Article)

Panelist, "10th Annual Consumer Class Action Symposium," National Consumer Law Center's Annual Consumer Rights Litigation Conference (November 14, 2010) (View Article)

Panelist, "Hourly Workers:  Employee Rights, Employer Obligations," Massachusetts Continuing Legal Education (June 17, 2010) (View Article)

Panelist, "Advisen's Premier Wage-and-Hour Webinar" (June 16, 2010) (View Article)

Panelist, "At the Intersection of Echnology and Employment Law," Boston Bar Association (June 7, 2010) (View Article)

Panelist, "31st Annual Labor & Employment Law Spring Conference," Massachusetts Bar Association (May 11, 2010) (View Article)

Chair, "Litigating Wage & Hour Cases," Massachusetts Continuing Legal Education (May 4, 2010) (View Article)

Chair, "Executive Compensation Law," Massachusetts Continuing Legal Education (February 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) (October 28, 2009)

Panelist, "Redefining Employment Relationship in a Recessionary Market," Massachusetts Continuing Legal Education (October 1, 2010)

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 (October 30, 2008) (View Article)

Panelist, "Hourly Workers: Employee Rights, Employer Obligations," Massachusetts Continuing Legal Education (June 19, 2008) (View Article)

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 (February 25, 2008) (View Article)

Lecturer, "Salesforce Compensation: Wage and Hour Laws from the Employee's Perspective," Massachusetts Continuing Legal Education (December 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 (January 10, 2006)

Moderator, Boston City Council Citywide Candidates Forum (featuring 7 of 8 candidates for office, including the incumbent Council President) (October 11, 2005)

Keynote Speaker, "It's Not Just the Money", at a meeting of the 128 Innovation Capital Group (September 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 (January 2005, Haifa, Israel)


Recent Publications
(prior to 2005 available upon request)

Below is a selection of recent publications:


Philip J. Gordon (Co-Author), MCLE: Massachusetts Wage And Hour Treatise, "Timely Payment of Wages and Independent Contractor Status" (MCLE 2008; 2009; 2010) (View Article)

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" (MCLE 2008; 2009; 2010) (View Article) 

Philip J. Gordon, Retroactive Application of Wage Act Amendment is Fair, Massachusetts Lawyers Weekly (June 15, 2009)

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 (December 2007) (View Article)

Philip J. Gordon, Aligning Interests Improve Chances for VC Success, Boston Business Journal (October 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 (August 29, 2005) (View Article)

Philip J. Gordon, Directorships: Pot of Gold or Career Pothole?, Mass High Tech (December 29, 2004) (View Article)

Philip J. Gordon, Angels Must Be Aware of Legal Hazards Inherent in Investing, Boston Business Journal (March 5-11, 2004) (View Article)


Recent Television and Radio Appearances
(prior to 2005 available upon request)

WBZ News - Interview with Christina Hager (December 21, 2010) (View Video)
Fox News - Interview with Maria Stephanos (November 26, 2010) (View Video)
WTAG - Jordan Levy, "The Jordan Levy Show"
WBZ - Paul Sullivan, "The Paul Sullivan 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)

Christine Pazzanese, "Supreme Court finds lodestar reasonable," Lawyers Weekly (May 17, 2010)

Noah Bierman, "New workplace complaint against T:  Focuses on treatment of hispanics and women," Boston Globe (February 11, 2010) (View Article)

Noah Bierman, "Hispanic and female workers at MBTA file discrimination complaint," Boston Globe (February 10, 2010) (View Article)

Noah Bierman, "Minority grievances at T are to be reviewed:  Transportation agency for Mass. steps into fray," Boston Globe (February 4, 2010) (View Article)

Julia 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) (View Article)

Karen Lee Ziner, "Workers hail 'partial justice' with settlement," Providence Journal (November 19, 2008) (View Article)

Jesse Noyes, "Communication key for calming employee fears," Boston Business Journal (October 24, 2008) (View Article)

Correy Stephenson, "Workplace Bullying Suits on the Horizon," Lawyers USA (October 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 (October 17, 2007)

Greg Turner, "Staples employee sues for overtime pay: Class action status sought in allegations," MetroWest Daily News (October 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 (December 18, 2006) (View Article)

Chuck Green, "Study finds considerable worker concern over flu," Boston Business Journal (November 17, 2006) (View Article)

Jay Fitzgerald, "Triple-damage wage bill passes: Romney silent on tougher lawsuit rules," Boston Herald (September 1, 2006)

Yvonne Abraham, "Bill would override SJC wage ruling," Boston Globe (August 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
        Represented the United States in the International Competition

B.A., Bowdoin College, Dean's List


Judicial Clerkship 
Following law school, Philip was honored to serve a judicial clerkship:

Supreme Judicial Court of Massachusetts - Judicial Law Clerk to Justice Charles Fried


Experience
After his judicial clerkship, Philip served in the following capacities before founding Gordon Law Group:

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


Community/Pro Bono Work 

American Bar Association, Committee on Federal Labor Standards Legislation

National Employment Lawyers Association, Class Action Committee

Massachusetts Immigrant & Refugee Advocacy Coalition (MIRA), Board Member

New Center for Arts and Culture, Board Member

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
First Circuit Court of Appeals
Federal District Courts -- Colorado, Massachusetts and New York
States -- Massachusetts and New York