Profile
Terence P. McCourt is Co-Managing Shareholder of the Boston office and Chairman of its Labor & Employment Practice. He represents a broad range of organizations in all facets of management-side labor and employment law. During more than two decades of practice, Terry has gained a national reputation for his practical, strategic approach to employment law issues.
With wide-ranging litigation experience, Terry handles diverse employment matters, including employment discrimination and wrongful termination cases in state and federal courts, wage and hour compliance, labor arbitration cases, non-competition cases, internal corporate investigations, and National Labor Relations Board proceedings. He also counsels employers concerning day-to-day human resources issues as well as myriad legal requirements in the workplace, particularly related to significant operational changes such as mergers, acquisitions, business relocations or reductions in force.
Terry has wide-ranging governmental experience as the former Deputy Chief Legal Counsel to the Governor of Massachusetts and General Counsel to the Massachusetts Secretary of Labor.
Concentrations
- Wage and hour litigation
- Restrictive covenant litigation
- Workplace training
- Labor-management relations
Capabilities
Experience
- In a case of first impression before the U.S. Court of Appeals for the First Circuit, represented employer in vacating NLRB decision thereby permitting company to implement unilaterally a discretionary merit pay plan in the face of a bargaining impasse with its union.
- Acted as outside counsel to a number of employers to serve as chief negotiator for collective bargaining negotiations.
- Represented several employers in nationwide collective actions arising under the Fair Labor Standards Act and hybrid wage-hour class actions. Cases involved the litigation of class certification issues as well as substantive questions related to independent contractor classification, exempt and non-exempt classification, and compensable time issues.
- Developed litigation and labor relations strategy for publicly traded company in case of international union seeking to affiliate with bargaining unit represented by independent union. Litigation involved numerous proceedings before the National Labor Relations Board and U.S. Court of Appeals for the Third Circuit with final result of employees voting to reject bargaining representative.
- Represented public transit authority in interest arbitration case upholding pattern bargaining.
- Represented trucking company in case of first impression before the U.S. Court of Appeals for the First Circuit, affirming dismissal of case brought under Section 301 of the Labor Management Relations Act through the retroactive application of Supreme Court precedent.
- Represented various public authorities and public officials in litigation matters.
- Acted as outside labor counsel to publicly traded telecommunications company with responsibility for labor arbitration cases, contract administration and collective bargaining negotiations.
- Represented a number of employers in injunctive proceedings regarding the enforcement of non-competition and non-solicitation agreements.
- Entergy Nuclear Operations and United Government Security Officers, 367 NLRB No. 135 (2019)
- Flaherty v. Entergy Nuclear Operations, 2018 WL 3352957 (D. Mass. 2018)
- Acosta v. Johnson O’Hare Co., 2018 WL 1251640 (E.D. Pa. 2018)
- Willard v. MHM Correctional Services, 2015 WL 7194585 (D. Mass. 2015)
- Unite HERE Local 26 v. Taj Hotel Boston, 731 F.Supp.2d 95 (D. Mass. 2010)
- Jackson v. McKesson Health Solutions, 10 WH Cases 2d 374. (D. Mass. 2004)
- AFSCME v. Olympus Specialty & Rehabilitation Hospital, 279 F.Supp. 2d 59. (D. Mass. 2003)
- Quirk Tire v. NLRB, 241 F.3d 41. (1st Cir. 2001)
- American Medical Response, Inc., 335 NLRB 1176 (2001)
- RCN Corp., 333 NLRB 295 (2001)
Some of the representations listed above were handled by Mr. McCourt prior to his joining Greenberg Traurig, LLP.
Recognition & Leadership
- Listed, The Best Lawyers in America, 2018-2024
- Employment Law - Management, 2018-2024
- Litigation - Labor and Employment, 2018-2024
- Labor Law Management, 2023-2024
- Listed, Massachusetts Lawyers Weekly, "Go To Employment Lawyer," 2023
- Listed, Chambers USA Guide, 2013-2023
- Listed, Super Lawyers magazine, Massachusetts Super Lawyers, 2005-2023
- "Top 100 Massachusetts Super Lawyers," 2019-2023
- Listed, Benchmark Litigation, "Labor & Employment Star," 2019-2024
- Selected, Massachusetts Lawyers Weekly, "Top Managing Partners," 2024
- Listed, Boston magazine, "Top Lawyers - Labor & Employment," 2022-2023
- Listed, The Legal 500 United States, Labor and Employment - Labor-Management Relations, 2014-2021
- Listed, Lawdragon 500, Leading U.S. Corporate Employment Lawyers, 2020-2022
- Listed, Lawdragon and Human Resources Executive® magazine, 2016-2019
- "The Nation's Most Powerful Employment Lawyers - Top 100," 2018-2019
- "Nation’s Top 20 Lawyers in Traditional Labor & Employment Law," 2016-2017
- Team Member, a Law360 "Employment Practice Group of the Year," 2011 and 2013
- Selected, Guberman Fellowship for Legal Studies, Brandeis University
- Rated, AV Preeminent® 5.0 out of 5.0
- Board Member, Massachusetts Commission Against Discrimination, Governor's Advisory Board
- Member, Law360 Editorial Advisory Board, Massachusetts, 2022-2024
- Member, New England Legal Foundation, Massachusetts Advisory Counsel, 2022-Present
- Fellow, American Bar Foundation
- Member, American Bar Association
- Member, Board of Trustees, Cambridge College
- Member, Board of Overseers, Boston Children’s Hospital
- Member, Boston Bar Association
- Co-Chair, Labor and Employment Law Section
- Member, Society of Fellows, Boston Bar Foundation
- Member, WGBH Corporate Executive Council
- President, Farrington Education Center, Board of Trustees, 2004-2008
- Member Massachusetts Judicial Nominating Council, 1997-2002
Credentials
Education
-
J.D., The Catholic University of America, Columbus School of Law
- Member, Catholic University Law Review
-
B.A., magna cum laude, Georgetown University
- George F. Baker Scholar
Admissions
- Massachusetts
- District of Columbia
- Supreme Court of the United States
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. Court of Appeals for the First Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. District Court for the District of Columbia
- U.S. District Court for the District of Massachusetts