Gerald T Hathaway

Practice Areas

Jerry conducts labor and employment-related due diligence for major corporate transactions, often working with other major law firms who bring him in to join deal teams as a labor authority. He has decades of experience in collective bargaining, resolving workplace disputes and risk management.

He has saved clients millions of dollars by identifying undisclosed labor risks present in commercial deals and helps employers assess the risks and benefits of using artificial intelligence and algorithms in workplace decision-making.*

His clients include private equity sponsors and funds, manufacturing and logistic companies, talent management companies and talent agencies, and major entertainment studios and networks. Jerry also represents companies in the luxury goods, staffing, logistics, transportation, retail, real estate and insurance industries.

Labor Relations

Clients rely on Jerry's problem-solving skills in collective bargaining. He is adept at using the courts to put an end to unlawful and disruptive picketing. He is a skilled contract negotiator and regularly resolves highly contentious labor and employment disputes. Jerry’s approach to collective bargaining is that he regards himself as being opposite unions, and not necessarily against them, a different appreciated by union leaders.

During workforce reductions and reorganizations, Jerry helps clients comply with the federal Worker Adjustment and Retraining Notification (WARN) Act and state counterpart laws, as well as the Older Workers Benefit Protection Act. He advises clients on layoffs of all sizes, from a few dozen employees to tens of thousands of employees.

Litigation

Jerry defends his clients in employment disputes against charges brought before the Equal Employment Opportunity Commission and National Labor Relations Board as well as class actions and individual lawsuits. He is experienced with matters concerning:

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)

Prevailing Wage Law compliance (city, state and federal)

Section 1981

Title VII

*Results may vary depending on your particular facts and legal circumstances.

Career

2024 to date: Fox Rothschild

2015 to 2024: Faegre Drinker Biddle & Reath (Joined Drinker Biddle & Reath in 2015; Merger in 2020 with Faegre Baker & Daniels.

2012 to 2015: Mitchell Silberberg & Knupp

2003 to 2012: Littler Mendelson

1997 to 2003: Bingham McCutchen

1991 to 1997: Marks & Murase (merged into Bingham Dana, which became Bingham McCutchen)

1982 to 1991: Holtzmann, Wise & Shepard

1979 to 1982: Cunniff, Bray & McAleese

Personal

Jerry serves as pro bono labor and employment counsel for The Apollo Theater in Harlem and Black Theatre United. He also provides pro bono services for the The Ali Forney Center and TakeRoot Justice. Jerry is very active with the Lincoln Center for the Performing Arts’ Counsel’s Council in New York City. He is both an American Bar Association and New York Bar Foundation Fellow. Jerry is also a referee certified by the United States Soccer Federation, and he handles youth matches within the South Jersey Soccer League and the South Jersey Girls Soccer League.

Awards

Expert in these Jurisdictions

Bar Admissions: New Jersey, New York, Pennsylvania