LABOR & EMPLOYMENT

We are a recognized leader in the field of labor and employment law with an outstanding track record in harassment, discrimination, wage and hour, wrongful discharge, non-compete and whistleblower cases.

Experts In Minimizing Workplace Issues
We work with clients to create a more productive, inclusive and equitable work environment. We have published and lectured widely on workplace issues and have presented training sessions to managers and employees of numerous public, nonprofit and private organizations on sexual harassment prevention and management of Human Resources. Our advice is included in dozens of corporate handbooks and employer policies on topics ranging from employees’ computer use to relationships in the workplace.

Skill in Trial Work, Negotiation, and Arbitration
When matters cannot be resolved internally, we bring to bear our long and respected history of representing employers and employees before the Massachusetts Commission Against Discrimination (MCAD) and in state and federal courts. We also have deep experience with mediations and arbitrations.

Our Philosophy
Our practice balances the highest-caliber litigation skills with an ability to solve complex disputes in the most efficient and cost effective manner available. To achieve this goal, we are committed to attracting top attorneys to our employment law practice and encouraging those attorneys to tackle tough but meaningful cases. We use creative strategies to open windows of opportunity that resolve problems and avoid lengthy and expensive trials.

Discrimination
We represent plaintiffs and defendants in litigation involving:

• Sexual Harassment
• Wrongful Discharge
• Disability Discrimination
• Age Discrimination
• Retaliation
• Sexual Orientation Discrimination

Our attorneys have investigated allegations of workplace discrimination and provided staff training designed to prevent violations.

Non-Compete and Contractual Disputes
We work to protect the competitive advantage of companies and executives through litigation and negotiation regarding:

• Non-Competition Agreements
• Disputes over Inventions
• Intellectual Property Ownership
• Negotiation of Employment Agreements
• Drafting of Severance Agreements
• Non-Solicitation Agreements

Wage and Hour
We represent plaintiffs and defendants in litigation involving:

• Failure to Pay Overtime
• Theft of Tips and Service Charges
• Misclassification as Independent Contractors
• Commission Disputes
• Fair Labor Standards Act and Exempt Status
• Meal Breaks

We have litigated class actions and individual cases in which we have successfully recovered significant back payments for workers who were unlawfully deprived of tips, overtime compensation, commissions, and other wages in a variety of service industries including hotels, resorts, spas, country clubs and catering.

Labor
Our attorneys are experienced in union-related proceedings and have represented clients in a variety of settings, including:

• Grievance Arbitrations and Discipline Disputes
• Claims of Unfair Labor Practices or Prohibited Practices
• Union Organizing Campaigns
• Representation Elections
• Unit Clarifications
• Collective Bargaining

Peer Recognition
Our attorneys are frequent contributors to continuing legal education programs and have served in leadership positions of Bar Associations. As a result of our prominent role in the field, our attorneys are sought out as mediators and arbitrators to assist other lawyers resolve their cases.

Representative Matters

• Successfully represented an executive of a major pharmaceutical company in obtaining the dismissal of a Strategic Lawsuit Against Public Participation (SLAPP) filed against her in response to her allegations of gender discrimination. We were also able to compel the company to reimburse our client for attorneys ’ fees incurred in gaining the dismissal.
• Obtained dismissal of a discrimination claim by a former employee of a community-based nonprofit. We were successful in obtaining dismissals both at the MCAD and in Superior Court based on evidence that the employee was properly terminated for misconduct and was not discriminated against based on race or disability; and that the plaintiff failed to cooperate with discovery.
• Recovered tips and service charges for a class of employees of a hotel, including multiple damages and interest.
• Successfully defended a claim for wrongful termination and interference with advantageous relations asserted by a senior executive of a large nonprofit agency.
• Obtained a substantial recovery for an employee of an institution of higher education in connection with claims of sexual harassment and constructive discharge.
• Negotiated a minimal settlement of a sexual harassment claim against a small business. Despite extensive evidence of unprofessional conduct by a supervisor, we were successful in negotiating an agreement fully funded by insurance.
• Negotiated a substantial recovery for a sales employee for failure to pay commission income and damage to professional reputation from the manner in which the company terminated the employment relationship.
• Successfully represented a manager at a national restaurant chain on claims of discrimination on the basis of sexual orientation and nonpayment of overtime.
• Recovered in a class action gratuities and “service charges” owed to waitstaff and bartenders at a country club.