Amanda Marie  Baer

Amanda is a partner in the firm's Labor, Employment, and Employee Benefits Group.  Her clients include, but are not limited to, hospitals, physician groups, institutions of higher education, Fortune 100 and Fortune 400 companies, manufacturers, retailers, law firms, and insurance companies.  In her employment litigation practice, Amanda zealously defends employers against claims of and/or involving discrimination, harassment, retaliation, wrongful termination, accommodations, and wage and hour laws.  On behalf of employers, Amanda prosecutes and defends claims involving trade secrets and restrictive covenant agreements.

In addition, Amanda advises and works collaboratively with employers on a myriad of human resources issues, drafts handbooks and policies, leads manager-level trainings (including sexual and protected class harassment trainings), and drafts all types of employment-related agreements. Amanda’s skills also include conducting independent investigations into allegations of discrimination, harassment, and retaliation.

A magna cum laude graduate from Georgetown University Law Center, Amanda was honored with CALI Awards (given to the highest scoring student) in five classes and named to the Order of the Coif.

Amanda is admitted to the bar of the Commonwealth of Massachusetts and the State of Connecticut, and is admitted to practice before the United States District Court for the District of Massachusetts, the United States Court of Appeals for the First Circuit, the United States District Court for the District of Connecticut, and the United States Supreme Court.  Amanda also practices before the Massachusetts Commission Against Discrimination (MCAD) and the Connecticut Commission on Human Rights and Opportunities (CHRO).

In 2016, Amanda was selected by the Worcester Business Journal as one of the “40 Under Forty” professionals honored for their professional achievements and community service. Boston magazine and Law & Politics have named Amanda a Massachusetts “Rising Star” every year since 2013.

Amanda is the editor of the Labor, Employment, and Employee Benefits Group’s blog, “Off the Clock.”

Bar & Court Admissions

  • Massachusetts
  • Connecticut
  • U.S. District Court for Massachusetts
  • U.S. District Court for Connecticut
  • U.S. Court of Appeals for the First Circuit
  • U.S. Supreme Court
  • Georgetown University JD, magna cum laude (2011), Order of the Coif, Executive Senior Editor, Georgetown Journal of International Law (2011)
  • Providence College BA, summa cum laude (2008)
  • Secured a directed verdict in federal Court for an employer on a former employee's claim of disability discrimination
  • Represented employer as second chair during 16-day trial in the U.S. District Court for the District of Massachusetts and successfully secured a directed verdict at the close of evidence on former employee’s claim of “regarded as” disability discrimination
  • Obtained summary judgment in Business Litigation Session for employer on an issue of first impression as to whether former employees were owed premium pay for hours worked on Sundays
  • Obtained summary judgment for employer on claim of race discrimination in the U.S. District Court for the District of Massachusetts and secured sanctions against Plaintiff for discovery delays
  • Secured summary judgment for employer on former employee’s claim of breach of contract and breach of the implied covenant of good faith and fair dealing, by establishing that the Employment Agreement was unenforceable due to the former employee’s misrepresentations and omissions
  • Successfully obtained a preliminary injunction under the federal Defend Trade Secrets Act to protect an employer’s trade secret and confidential information when an employee surreptitiously removed documents and a laptop from the company
  • Obtained permanent injunction on behalf of employer to prevent former employee from continuing to breach his employment agreement and circulate confidential images of the employer’s products

Publications/Presentations

Professional / Community Affiliations

  • American Bar Association
  • Federal Bar Association
  • Massachusetts Bar Association
  • YWCA, Personnel Committee

Don’t Delay: MA Employers Are Now Strictly Liable for Three Times the Amount of Wages for Late Payments With No Safe Harbor for Paying in Full Prior to Suit!

Under the Massachusetts Wage Act (the “Wage Act”), if an employee voluntarily quits their employment, the employer must pay the employee their final wages, including any earned, unused vacation pay, on the employer’s next regular pay day. However, when an employee …

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The Times They Keep A-Changing: The New Illinois Restrictions on the Use of Non-Compete and Non-Solicit Agreements

The state-by-state non-compete reform movement keeps rolling – this time in the state of Illinois.  Effective January 1, 2022, the Illinois Freedom to Work Act has dramatically changed the landscape for employers in that state who desire to use non-compete …

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OSHA Withdraws COVID-19 ETS, But Signals That It Is Moving Forward with Final Rule

On January 25, 2022, OSHA announced the withdrawal COVID-19 Vaccination and Testing Emergency Temporary Standard (the “ETS”). In the announcement, OSHA stated that although it “is withdrawing the [ETS] as an enforceable emergency temporary standard, [it] is not withdrawing the …

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Supreme Court Stays OSHA’s COVID ETS

The OSHA COVID ETS is once again stayed. On January 13, 2022, the United States Supreme Court stayed OSHA’s Emergency Temporary Standard which required that employers with 100+ employees require employees to either (a) become vaccinated against COVID-19; or (b) …

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The District of Columbia’s Aggressive Ban on Non-Compete Agreements Likely to Take Effect in 2022

In December 2020, the District of Columbia Council passed and in January 2021, Mayor Muriel Bowser signed legislation entitled the Ban on Non-Compete Agreements Amendment Act of 2020 (the “DC Act”).  While the effective date of the Act was delayed …

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Don’t Forget! Minimum Wage Rates in Massachusetts Increase, Effective January 1, 2022

The minimum wage in Massachusetts will increase from $13.50 to $14.25 an hour, effective January 1, 2022. In addition, the minimum wage for tipped employees who make more than $20/month in tips will increase from $5.55/hour to $6.15/hour. Employers may …

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CDC Shortens COVID-19 Related Isolation and Quarantine Period, and Distinguishes Between Vaccinated Individuals With/Without Booster

On December 27, 2021, the CDC issued updated guidance which significantly shortens the periods of isolation and quarantine it recommends for COVID-related diagnosis and/or exposure. Specifically, the CDC now recommends that individuals who test positive for COVID-19 (regardless of vaccination …

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Massachusetts Supreme Judicial Court Adopts FLSA’s Joint Employer Test

Jonathan R. Sigel and Ashlyn E. Dowd On December 13, 2021, the Massachusetts Supreme Judicial Court (SJC) considered whether the so-called “ABC Test” set forth in M.G.L.c. 149, §148B (“Section 148B”) should be applied to determine whether an entity is …

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OSHA Exercising Discretion in Enforcing the ETS Until January 10

As posted here, the Sixth Circuit Court of Appeals lifted the stay of the Vaccination and Testing Emergency Temporary Standard (the “ETS”) issued by OSHA. The Department of Labor announced on Saturday, December 18 that OSHA is exercising enforcement discretion …

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Court Lifts Stay on OSHA’s Emergency Temporary Standard Regarding COVID-19

On Friday, December 17, 2021, the United States Court of Appeals for the Sixth Circuit lifted the stay on OSHA’s Emergency Temporary Standard that mandates employers with 100 or more employees to require unvaccinated workers to wear a mask on …

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