Practice

Employment

Helping employers navigate the continually evolving realm of employment law

Managing, maintaining, and growing your workforce while remaining compliant is integral to a company’s success. In a world where federal, state and local laws and regulations are evolving at a rapid pace, our Employment attorneys partner with clients on all aspects of employment issues, from day-to-day counseling matters to complex litigation. We bring practical and creative problem-solving approaches to every matter to minimize disruption to business.

Our employment lawyers have handled virtually every kind of employment matter for a wide variety of clients. We are a resource and advisor for in-house counsel, human resource professionals and business management teams. Whether your business is considering national or international expansion, we also provide necessary preventive or corrective measures, all with an eye on avoiding the costs and disruption that litigation can bring.

When litigation is necessary, our employment litigators offer efficient and successful strategies to single-plaintiff and class actions and complex matters across the entire spectrum of employment law issues. Our team has appeared before administrative agencies, judges, and juries, and has experience handling high-profile matters for employers across a wide range of industries.

Areas of Focus

Our Employment group provides counseling and litigation services across the full spectrum of employment issues including matters involving:
  • Wage and Hour: we offer strategic planning, preventative audits and development of best practices to minimize wage and hour-related risk. When complex litigation is unavoidable, we bring extensive experience in responding to class-wide claims and works aggressively to defeat class certification.
  • Discrimination & Harassment: we help our clients avoid, resolve and defend against all types of discrimination-related claims. Our attorneys have appeared in federal and state courts nationwide, at the EEOC, the MCAD and other state equal-employment-opportunity agencies. We offer proactive counseling and, when necessary, can be called upon for sensitive and complex internal investigations.
  • Retaliation & Whistleblowing Issues: we advise and defend on whistleblower-related claims, drawing on the firm’s interdisciplinary resources in our business, regulatory and litigation departments to defend against any alleged claims.
  • Workplace Compliance and Trainings: we provide proactive counseling to ensure clients are compliant and have the tools to implement best practices that enhance company culture. We partner with our clients to offer training programs that support their business goals and strategies. 
  • Trade Secrets and Noncompetes: we work with companies to implement strategies that comprehensively protect a business’ proprietary information and goodwill, from drafting and negotiating restrictive covenant agreements and reviewing for enforceability in connection with employee departures. When litigation arises, we represent both companies seeking to protect their trade secrets and enforce their non-competition agreements, and individuals accused of breach and misappropriation.

Experience

  • Successfully defended investment firm against anti-raiding and associated claims involving the hiring of over a dozen top-level employees, including: filing offensive claims in Delaware Chancery Court; dismissing lawsuit and arbitration filings in the Eastern District of Missouri; upholding dismissals before Eighth Circuit Court of Appeals; defeating preliminary injunction motion to prevent hirings; and winning judgments in two related lawsuits in Chancery Court.
  • Obtained a preliminary injunction on behalf of a pharmacy business in federal district court involving enforcement of a non-competition agreement. 
  • Represented a time-share company in a class action brought by current and former sales managers who alleged that they were deprived of all wages due and that the company improperly charged-back earned commissions.
  • Successfully represented employer in lengthy civil investigation by the Attorney General’s office involving wage and hour claims.
  • Won summary judgment on behalf of biotech company in lawsuit by former employee bringing discrimination claims. 
  • Defeated motion for class certification on behalf of financial services company in lawsuit challenging use of independent contractors for information technology functions.
  • Successfully represented a client in defending against claims of associational handicap discrimination, tortious interference and intentional infliction of emotional distress brought by a former employee in Massachusetts Superior Court. The case involved a case of first impression as to whether a claim of discrimination based on relationship with a disabled family member is available under the Massachusetts anti-discrimination statute. We were successful in obtaining dismissal of that claim as well as the related common law claims.
  • Represent a national retailer with regard to employment issues nationwide. This includes litigation brought in state and federal courts and agencies throughout the United States. We also provide the company with advice and counseling for its nationwide operations.
  • Successfully represented numerous employers in defending claims of failure to pay wages under various states' payment of wages laws. We have defeated numerous attempts by plaintiffs' attorneys to expand the scope of payment of wage laws to include non-wage compensation, such as severance pay, bonuses and stock options.
  • Successfully defended discrimination claims before the Massachusetts Commission Against Discrimination, with numerous complaints dismissed at the earliest possible stage.