Amanda Marie Baer
Partner
Legal Administrative Assistant Debra M. Magliano
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).
Amanda was included in the 2023 edition of the Best Lawyers: Ones to Watch in America™ for her work in Employee Benefits (ERISA) Law. 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” each year, from 2013-2021. In 2022, Boston magazine and Law & Politics named Amanda a Massachusetts “SuperLawyer.”
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
- “Balancing the Multiple Roles of In-House Counsel,” Massachusetts Bar Association In-House Counsel Conference, January 26, 2023 (panelist)
- Quoted in “Should employers cut sick pay for the unvaccinated?,” UNLEASH, January 27, 2022
- "Avoiding Traps for the Unwary,” Massachusetts Bar Association In-House Counsel Conference (January 27, 2022) (panelist)
- "Court Lifts Stay on OSHA's Emergency Temporary Standard Regarding COVID-19, OSHA Exercising Discretion in Enforcing the ETS Until January 10," Mirick O'Connell Client Alert, December 20, 2021
- "All Things COVID-19," Boston Bar Association 2021 Employment Law Conference (November 18, 2021) (speaker)
- “EEOC Recognizes ‘Long COVID’ as a Disability,” Mirick O’Connell Labor, Employment and Employee Benefits Law Blog, September 17, 2021
- Quoted in “The Dotted Line: How to Navigate Vaccine Mandates,” ConstructionProNet, August 31, 2021
- Quoted in “5 Issues Every Organization Should Consider in Planning Their Return to Work,” Ragan’s Workplace Wellness Insider, July 26, 2021
- “Maximizing your Remote Stenography and Videography Services Now and Post-Pandemic,” Worcester County Bar Association (June 9, 2021)
- “Back to the Office: What Employers and Employees Can Expect with a Return to Work,” Spectrum News 1 interview (May 25, 2021)
- Quoted in “Can Small Businesses Require COVID Vaccines in the Workplace?,” Workest by Zenefits, May 21, 2021
- "COVID-19 and Masks: Should Employers Continue to Require Masks in the Workplace?," Mirick O'Connell Client Alert, May 14, 2021
- “Return to the Office: COVID-19 Impacts; The Employer’s Role in Vaccinations,” Massachusetts High Technology Council Webinar (May 7, 2021)
- “Should Employers Mandate Vaccinations and Mandate Remote Workers to Return to Working on Site?” Mirick O’Connell Employment Law Webinar (March 30, 2021)
- “American Rescue Plan Act and FFCRA,” On Air with Mirick O’Connell legal podcast (March 2021)
- “The New (Not So) Normal,” Massachusetts Bar Association In-House Counsel Conference (January 28, 2021) (panelist)
- Quoted in “Why Many Employers Want to Make COVID-19 Vaccines Mandatory,” Healthline.com, January 26, 2021
- "Massachusetts Commission Against Discrimination Claims" On Air with Mirick O’Connell legal podcast (January 2021)
- “COVID-19 Related Updates for Massachusetts Employers,” Mirick O’Connell Labor, Employment and Employee Benefits Law Blog, December 23, 2020
- “Remembering RBG: Her Life and Legacy,” On Air with Mirick O’Connell legal podcast (November 2020)
- “Paid FMLA Updates,” Corridor Nine Webinar (October 15, 2020)
- “Employers Must Ensure Compliance with the Families First Coronavirus Response Act as they Re-Open and Recall Employees from Furlough,” Mirick O’Connell Labor, Employment and Employee Benefits Law Blog, July 28, 2020
- “Resilience & Reopening – Key COVID Updates for HR,” HRMA (May 20, 2020) (presenter)
- “Reopening Massachusetts – What Employers Need to Know About Phase 1: Start,” Mirick O’Connell Webinar (May 21, 2020)
- “Returning to Work: Considerations for Employers Resuming On-Site Operations During the COVID-19 Pandemic?,” Mirick O’Connell Client Alert, May 14, 2020
- “Families First Coronavirus Response Act, Emergency Family and Medical Leave Expansion Act, Emergency Paid Sick Leave Act, with Updates from the DOL’s Q&As and Regulations,” Mirick O’Connell Webinar (April 6, 2020)
- “Recent COVID-19 Legislation Provides Payroll Tax Relief to Employers,” Mirick O’Connell Client Alert, April 1, 2020
- “COVID-19 Emergency Sick Leave Act,” On Air with Mirick O’Connell legal podcast (March 25, 2020)
- "UPDATE: Families First Coronavirus Response Act,” Mirick O’Connell Webinar (March 2020)
- “Governor Baker Recommends Legislation to Address Challenges Caused by School Closures,” Mirick O’Connell Client Alert, March 2020
- “Brave New World of Noncompetition Agreements in Massachusetts,” Mirick O’Connell Labor, Employment and Employee Benefits Seminar (2019)
- “Everything You Need to Know About Sexual Harassment,” National Association of Women in Construction (2018) (presenter)
- Quoted in “Steps to Prevent Workplace Harassment,” Builder Magazine, January 2018
- “One on One: Amanda Marie Baer,” Worcester Telegram & Gazette, August 2017
- “A Changing Landscape – The Evolution of How We Communicate in Professional Context, and the Rapid Growth of Social Media,” MCLE (2017) (keynote presenter)
- “Companies Determine Practices When Marijuana Becomes Legal in Massachusetts,” WCVB Interview (November 2016)
- Quoted in “4 Questions About the ‘Robust’ Massachusetts Pay Law, Answered,” HR Dive, August 2016
- Quoted in “New Mass. Pay Equity Law Prohibits Salary-History Questions,” SHRM, August 2016
- Quoted in “Massachusetts Makes Asking About Salary History a Thing of the Past,” US News & World Report, August 2016
- Quoted in “How Massachusetts’ New Pay Law Will Help Close the Gender Wage Gap (and How it Won’t),” Fast Company, August 2016
- Quoted in “This Popular Interview Question is Now Illegal in Massachusetts,” Inc., August 2016
- Quoted in “Job Interviewers Can’t Ask this Question in Massachusetts Anymore,” Huffington Post, August 2016
- "Massachusetts Voters Approve Paid Sick Leave Law," Mirick O'Connell Client Alert, November 2014
- "Teacher-on-Student Bullying: Is Your Massachusetts School District Ready for This Test," Northeastern University Law Journal, Spring 2014
- "Preventing Discovery of Accountants' Materials and Communications," Mirick O'Connell Client Alert, July 2013
- "MOOCs When Opening Door to Education, Institutions Must Ensure that Participants with Disabilities Have Equal Access," New England Journal of Higher Education, July 2013
- "Best Practices for Advising Clients on Cyber Security," American Bar Association Criminal Litigation Journal, March 2013
- "The New Medical Marijuana Law: Must Massachusetts Employers Now Make Exceptions to their Policies on Illegal Drug Use?" Mirick O'Connell Client Alert, December 2012
- "Teachers Who Bully," American School Board Journal, December 2012
- "Fisher v. University of Texas: Insight into the Meaning and Importance of Diversity," HRMA Perspectives, November 2012
- "Traps for the Unwary in Independent Investigations," Massachusetts Bar Association Annual In-House Conference (2012) (co-presenter)
- "Penalties for Clery Act Violations May Devastate Penn State," Mirick O'Connell Client Alert, August 2012
- "Department of Veterans Affairs Asks Institutions of Higher Education to Commit to Unannounced Principles of Excellence," Mirick O'Connell Client Alert, July 2012
- "Business Litigation Session Highlights - 2011," Massachusetts Bar Association Annual In-House Conference (2011) (co-presenter)
- "Patent Reform Arrives: What You Need to Know to Stay Ahead of the Competition," Mirick O'Connell Client Alert, September 2011
Professional / Community Affiliations
- American Bar Association
- Federal Bar Association
- Massachusetts Bar Association
- YWCA, Personnel Committee
Is Your Company in Compliance With Executive Order 13706?
In September 2015, Executive Order 13706 was signed, requiring employers that enter into covered contracts with the federal government to provide covered employees with up to seven days (56 hours) of paid sick leave annually, including paid leave allowing for …
[ load webpage to read more ]SJC Finds Public Meeting Comment Restrictions Unconstitutional
Government boards and committees should review their public comment policies following a decision this week by the Supreme Judicial Court holding that a “civility code” violated the Massachusetts Constitution’s Declaration of Rights and the Massachusetts Civil Rights Act. In Barron v. …
[ load webpage to read more ]The FTC’s Proposed Ban On Noncompetes – Predictions
Following his election, President Biden issued “The Biden Plan for Strengthening Worker Organizing, Collective Bargaining and Unions,” in which he promised to work with Congress to “eliminate all non-compete agreements” with very limited exceptions. While a bipartisan bill, the Workforce …
[ load webpage to read more ]Update Policies to Comply with the Massachusetts CROWN Act
At the end of October 2022, the Massachusetts Act Prohibiting Discrimination Based on Natural and Protective Hairstyles (the “CROWN Act”) went into effect. The CROWN Act expands the definition of “race” under Chapter 151B to include “traits historically associated with …
[ load webpage to read more ]2023 Changes in Massachusetts Employment Laws
Beginning January 1, 2023, changes to the Massachusetts Minimum Wage Law, retail premium pay, and Massachusetts Paid Family and Medical Leave Law take effect. Changes to Minimum Wage & Premium Pay Changes to Paid Family and Medical Leave (PFML) …
[ load webpage to read more ]Employers Must Remember Their Obligations under the Massachusetts Pregnant Workers Fairness Act
The Massachusetts Pregnant Workers Fairness Act (the “Act”), which went into effect on April 1, 2018, amended Massachusetts General Law c. 151B to include “pregnancy or a condition related to pregnancy, including, but not limited to, lactation, or the need …
[ load webpage to read more ]DOL Proposes to Revert the Independent Contractor Analysis to the Employee-Friendly Totality-Of-The-Circumstances Analysis
On October 11, 2022, the Department of Labor (“DOL”) issued a new proposed rule, entitled “Independent Contractor Status Under the Fair Labor Standards Act,” for determining whether an individual is an independent contractor or an employee under the Fair Labor …
[ load webpage to read more ]EEOC Issues Updated Guidance Regarding COVID Screening by Employers
On July 12, 2022, the Equal Employment Opportunity Commission issued updated guidance for employers regarding COVID-19 testing and accommodations. Perhaps most impactful, the EEOC altered its position regarding employers testing employees for COVID-19 as part of a mandatory screening prior …
[ load webpage to read more ]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 …
[ load webpage to read more ]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 …
[ load webpage to read more ]
