Gerald T. Hathaway

Partner

Overview

Gerald Hathaway solves organized labor challenges, reduction-in-force issues and employment disputes for some of the largest companies in the U.S. and the world. He is a trusted labor and employment adviser during national and international multibillion-dollar transactions, and he has saved clients millions of dollars by uncovering undisclosed labor liabilities during due diligence in deals.

Jerry’s acumen is valued by private equity sponsors, major entertainment studios and networks, talent-management companies and talent agencies, and companies in the real estate, logistics, luxury goods, retail and insurance industries engaging in high-value transactions. He is a go-to lawyer for other large law firms that do not have labor and employment law capacity.

Labor Relations

Jerry represents companies in collective bargaining, arbitrations and contentious labor disputes. When unlawful picketing disrupts the workplace, he pursues remedies to enjoin such actions.

Employment Counsel

When clients must reduce or reorganize their workforces, Jerry helps them comply with the Worker Adjustment and Retraining Notification Act (WARN) and the Older Workers Benefit Protection Act. He advises on layoffs ranging in size from a few dozen to tens of thousands of employees.

Employment Disputes

When an employment relationship grows contentious, Jerry defends employers against Equal Employment Opportunity Commission and National Labor Relations charges, as well as class actions and individual lawsuits. He advises on claims related to:

  • Discrimination
  • Fair Labor Standards Act (FLSA)
  • Americans With Disabilities Act (ADA)
  • Age Discrimination in Employment Act (ADEA)
  • National Labor Relations Act (NLRA)
  • Labor Management Relations Act (LMRA)
  • Section 1981
  • Title VII

Representative Matters

  • In a $750 million acquisition by a private equity fund, uncovered in due diligence an undisclosed labor liability that resulted in a price adjustment of $12.5 million
  • Conducted national labor/employment due diligence in $4.9 billion acquisition by a foreign company, and mapped out post-closing labor strategy for plants that had poor relationships with production unions
  • In a potential acquisition of a retailer by a private equity fund, uncovered serious non-compliance with labor laws, which upon correction would have major impact on the target company’s stated EBITDA. When the seller refused to make a price adjustment, the private equity fund declined to go forward with the deal
  • Engaged by a major defense contractor that had a dispute with one of its major unions on a single complex issue that had not been resolved for more than 8 years (despite the efforts of three law firms engaged over that time), and strategized and then implemented a satisfactory resolution, obtained with court approval
  • Engaged by a private equity fund to take over the representation of a portfolio company in a long-lingering dispute with the EEOC, and resolved matter for less than the amount of legal fees that would have been incurred to defend the case
  • Assessed WARN issues in a national layoff involving more than 30,000 employees at hundreds of sites, resulting in only one lawsuit that the company won on summary judgment
  • Assessed complex WARN issues in dozens of national layoffs ranging in size from hundreds to tens of thousands of employees

Personal Interests

After a 20-year absence from refereeing soccer, Jerry was recently recertified as a referee by the United States Soccer Federation, and he handles youth games.

Credentials

Bar Admissions

New Jersey
New York
Pennsylvania

Court Admissions

U.S. Supreme Court
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Third Circuit
U.S. Court of Appeals for the Eighth Circuit
U.S. District Court for the Central District of Illinois
U.S. District Court for the Eastern District of Arkansas
U.S. District Court for the Eastern District of New York
U.S. District Court for the Eastern District of Pennsylvania
U.S. District Court for the District of New Jersey
U.S. District Court for the Northern District of New York
U.S. District Court for the Northern District of Texas
U.S. District Court for the Southern District of New York
U.S. District Court for the Western District of Arkansas
U.S. District Court for the Western District of New York

Education

University of Pittsburgh School of Law
J.D. (1979)

La Salle University
B.A. (1976)

Insights & Events

Leadership & Community

Pro Bono

  • The Ali Forney Center
  • TakeRoot Justice

Professional Associations

  • International Bar Association — Employment and Industrial Relations Law Committee
  • American Bar Association — Labor Section, International Committee; International Section
  • New York State Bar Association — Labor Section, International Committee
  • New York City Bar Association

Civic Activities

  • U.S. Chamber of Commerce — Labor Relations Committee, 2017-present
  • University of Pittsburgh School of Law — Board of Visitors, 2009-present
  • New York University School of Law Center for Labor and Employment Law — Board of Advisors, 2019-present
  • LaSalle College High School — Board of Trustees, 2008-14
  • Lincoln Center for the Performing Arts — Counsels’ Council
  • New York Shakespeare Festival (The Public Theater) — Labor and Employment Pro Bono Counsel
  • Walnut Street Theatre — Board of Trustees, 2018-present

Honors

  • The College of Labor and Employment Lawyers — Fellow
  • Chambers USA — New York, Labor & Employment, 2020 
  • Chambers USA — New York, Labor & Employment, "Recognised Practitioner," 2019
  • Best Lawyers — Employment Law – Management, Labor Law – Management, 2010-20
  • Human Resources Executive Magazine — 100 Most Powerful Employment Lawyers, 2011-19
  • International Who’s Who of Business Lawyers — Management Labour & Employment Law
  • Who’s Who in American Law
  • New York State Bar Association Foundation — Fellow

Awards Methodology

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