Employment Litigation

We have an extensive track record of success representing employers in the defense of claims of all forms of discrimination, sexual harassment and retaliation, wrongful termination, wage and hour and other workplace matters. We also have extensive experience litigating non-disclosure, non-competition and non-solicitation agreements, including efforts to obtain or prevent the entry of preliminary and permanent injunctions. We appear regularly in state and federal courts and before the Massachusetts Commission Against Discrimination and the Equal Employment Opportunity Commission.

Practice Chair

Amanda Marie  Baer

Amanda Marie Baer
Senior Associate

Brian M. Casaceli

Brian M. Casaceli
Associate

John O. Mirick

John O. Mirick
Of Counsel

Reid M. Wakefield

Reid M. Wakefield
Associate

Rich Van Nostrand quoted in Law360, "Mass. Noncompete Law Overhaul Not As Strict As It Seems"

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Telegram's One on One with Employment Attorney Jonathan Sigel

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Jonathan Sigel interviewed by NECN - How to Prepare for Mass Equity Pay Law

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Federal Appeals Court Halts Implementation of NLRB Employees' Rights Posting

April 18, 2012[ read full story ]

New Limits on Employer Access To and Use Of Criminal Records Take Effect on May 4, 2012

March 30, 2012[ read full story ]

Attorney General Announces $2.8 Million Settlement with 3 Companies that Violated Massachusetts Prevailing Wage and Misclassification Laws

March 22, 2012[ read full story ]

Supreme Judicial Court Issues Much Anticipated Quinn Bill Decision

March 8, 2012[ read full story ]

Transgender Discrimination Protection

February 10, 2012[ read full story ]

Massachusetts Court Upholds Students' Suspensions for Hazing Incident

January 30, 2012[ read full story ]

Principal and Teacher Who Exchanged Intimate E-Mails May Proceed with Invasion of Privacy Claim Against Employer

January 25, 2012[ read full story ]

Addiction in the Workplace Forum: Bob Kilroy to serve on panel

06/12/2018[ read full story ]

Representative Matters

  • Successfully defended an office solutions company in the U.S. District Court against a race discrimination claim brought by a regional sales manager. The plaintiff had rejected a settlement offer of several hundred thousand dollars before proceeding to trial
  • Obtained a high-seven-figure award for our minority shareholder client following a jury-waived trial for "freeze-out" in Worcester Superior Court. This was on of the few cases in which the Court ordered the repurchase of a minority shareholder's stock interest in the company at a percentage of the company value without any discount for marketability or minority interest
  • Successfully defended an automobile dealership and leasing company in Middlesex Superior Court against an age discrimination claim brought by a former sales manager
  • Secured preliminary and permanent injunctions in the Business Litigation Session of the Suffolk Superior Court on behalf of a nano-particulate business against a former chief chemist for trade secret misappropriation
  • Successfully defended a warehouse and bulk supplier in Bristol Superior Court in separate age discrimination and workers' compensation claims brought by a driver and a warehouse worker, respectively
  • Successfully defended an accounting firm against a pregnancy discrimination claim brought by an accountant in Worcester Superior Court
  • Obtained a summary judgment in favor of our accounting firm client in a disability discrimination claim in the U.S. District Court. On appeal, dismissal was affirmed by the U.S. Court of Appeals for the First Circuit
  • Obtained a summary judgment in favor of our aerospace manufacturing client in a race discrimination claim in the U.S. District Court. The plaintiff's appeal was dismissed by the U.S. Court of Appeals for the First Circuit
  • Obtained enforcement of a non-competition agreement on behalf of an educational software company, resulting in the removal of a former executive from a competitor's workforce and the recoupment of attorneys' fees
  • Successfully defended multiple executives facing numerous counts of discrimination, wrongful termination and whistleblower retaliation in federal court. The case was won with an initial motion to dismiss prior to discovery
  • Successfully defended a municipality facing breach-of-contract claims in federal court following termination of an employee's contract for poor performance. The case was won prior to summary judgment based on admissions by the plaintiff at her deposition
  • Successfully defended a major medical institution facing breach-of-contract claims, intentional interference with contractual relations and defamation in federal court. The case was won with an initial motion to dismiss prior to discovery
  • Successfully defended a service provider and its executives against age discrimination claims. The case was won based on admissions obtained at the plaintiff's deposition

NLRB Issues Employer-Friendly “Joint Employer” Definition

On February 25, 2020, the National Labor Relations Board (the “NLRB”) announced the final rule governing “joint employer” status under the National Labor Relations Act. The determination of whether an entity is a “joint employer” with a direct employer for purposes …

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Act Requiring the Hands-Free Use of Mobile Devices Went into Effect Yesterday

On November 25, 2019, the Commonwealth of Massachusetts approved Chapter 122 of the Acts of 2019. Under this Act, operators of motor vehicles cannot use handheld electronic devices while driving. The Act specifically holds that no operator of a motor vehicle shall …

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U.S. Department of Education and U.S. Department of Health and Human Services Updates Joint Guidance on the Applicability of FERPA and HIPAA to Student Records

The U.S. Department of Education and the U.S. Department of Health and Human Services recently issued an update to their Joint Guidance on the Applicability of the Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability and …

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U.S. Department of Labor Issues Final Rule on Joint Employer Regulations Under the Fair Labor Standards Act

On January 12, 2020, the United States Department of Labor (“DOL”) issued its final rule under the Fair Labor Standards Act (“FLSA”) governing joint employer status, which significantly narrows the scope of joint employer liability. Under the prior Administration, the DOL …

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U.S. Department of Labor Issues Final Rule About How to Calculate “Rate of Pay” Under Fair Labor Standards Act

Late last week, the United States Department of Labor (DOL) issued a Final Rule intended to clarify and update a number of the regulations that interpret the requirements for calculating and paying the regular rate under the Fair Labor Standards …

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A Friendly Reminder about Veterans’ Rights to Time Off for the Upcoming Veterans Day Holiday under the Massachusetts BRAVE Act

In 2018, the Massachusetts legislature enacted a broad sweeping statute entitled “An Act Relative to Veterans’ Benefits, Rights, Appreciation, Validation and Enforcement,” also known as the BRAVE Act.  The BRAVE Act addressed a number of issues affecting veterans and military …

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New DOL FLSA Rule Issued September 24, 2019

The United States Department of Labor issued its final rule on the earnings threshold for exempt employees under the federal Fair Labor Standards Act (“FLSA”) on September 24, 2019 (the “Overtime Rule”). The Overtime Rule will require employers to pay …

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Massachusetts Legislature Responds to Janus Decision

Yesterday, the Massachusetts Legislature voted to override Governor Baker’s veto of House Bill 3854, which responds to the U.S. Supreme Court’s decision in Janus v. AFSCME. The Bill relieves unions representing public sector employees of certain obligations, increases their access to …

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The Summer of Noncompete Reform: Three Other New England States Get In On the Act – Part 2

Following the Massachusetts legislature’s attempt at reform of the use of employee noncompetition agreements last summer, three other New England states – New Hampshire, Maine and Rhode Island –passed their own noncompetition agreement reform bills in the summer of 2019. …

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The Summer of Noncompete Reform: Three Other New England States Get In On the Act – Part 1

Most readers are probably aware that the Massachusetts legislature, after a decade of starts and stops, passed a very detailed bill retaining but reforming the use of employee noncompetition agreements last summer.  While we were the first New England state …

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Our Practices