“[T]hank you for your fantastic professional services, which have served as a steady hand on the rudder of the [organization's] ship keeping us from hitting the rocks.  I truly appreciate you!”
~ Chief Executive Officer, Non-Profit Organization

“Thanks again for all your time and efforts to assist me with this complex set of issues.”
~ Head of School, Independent School

Jessica L. Herbster

Managing Partner

Jessica L. Herbster is Managing Partner at Schwartz Hannum PC. Prior to joining the Firm, Jessica was an associate with Lowenstein Sandler PC in New Jersey, where her practice focused on employment, healthcare, and business litigation matters.

Jessica has extensive experience representing employers before state and federal courts and agencies in cases involving claims of discrimination and wrongful termination, as well as in contract actions, disputes over non-competition and confidentiality agreements, and other business torts.  She also counsels and provides guidance to management regarding a broad range of employment practices, including hiring, terminations, severance agreements, sexual and other harassment claims and investigations, reductions in force, employee health issues, medical leaves, accommodation under the ADA, the FMLA, workers’ compensation, and federal and state wage and hour issues.  She has represented employers in a variety of industries, including healthcare, insurance, financial services, retail, real estate, communications, and technology.

Jessica advises the Firm’s school and education clients on the full range of education law issues, including student and employee disciplinary matters, internal grievances and investigations, risk management, regulatory compliance, layoffs and employee terminations, faculty and staff offer letters, employment contracts and enrollment agreements, data security compliance programs, faculty/employee handbooks and bullying prevention and intervention plans.  Further, Jessica regularly leads orientation for faculty and staff on appropriate boundaries, bullying, cyber-bullying, and sexting.


Employers Must Begin Using New FCRA Forms As Of January 1, 2013

Parents With A Past: A Challenge For Private Schools

The Anti-Social Network? The Risks Of Firing Employees Who Complain On Facebook

Massachusetts Federal Court Extends Marriage-Based Federal Benefits To Same-Sex Spouses

Recess Appointees To NLRB And EEOC Take Office

Agreements To Arbitrate Statutory Discrimination Claims Must Be Clear And Unmistakable To Be Enforced In Massachusetts

The Shrinking Definition Of Independent Contractor

OFCCP Gears Up For Second Wave Of Compliance Audits

States Continue To Enact Restrictions On Mandatory Overtime For Nurses

No-Match Final Rule Creates Safe Harbor


First Circuit Affirms Summary Judgment For Employer In Disability Case Brought Under The Americans With Disabilities Act And Chapter 151B

Mark Jones v. Nationwide Life Insurance Company, et al.

Cancellieri vs. Northeast Hospital Corporation et al.

Linda Cancellieri v. Northeast Hospital Corporation


Getting It Write: Employee Handbooks

Getting It Write: Employee Handbooks

The Nuts And Bolts Of Compliance With The Family And Medical Leave Act

Getting It Write: Employee Handbooks

Hiring and Firing Traps And Strategies

Child Labor Laws

Schwartz Hannum PC’s Annual Labor & Employment Hot Topics Seminar

The Birds And The Bug: Is Your Business Prepared For The Pandemic Flu?

Jessica L. Herbster



T: 978-623-0900

F: 978-623-0908


  • Boston College Law School (2000)
  • Bucknell University, cum laude (1994)
  • Phillips Academy (1990)

Bar Admissions

New Jersey

Supreme Court of the United States

U.S. Courts of Appeals

  • First Circuit

U.S. District Courts

  • Massachusetts
  • New Jersey

Professional Affiliations

  • American Bar Association
  • Boston Bar Association

Related Practices