EMPLOYMENT LAW

Complex and constantly evolving, employment law governs almost every aspect of the employee-employer relationship. As a firm that represents both employers and employees, we bring a wealth of experience and a unique perspective to the employment matters we handle, allowing us to better predict and counter the opposing parties’ legal strategies. With an impressive track record of victories and settlements, we have the experience you need to resolve your employment law matters.

Representing Employers

Employment problems can impact the very foundation of a business’ operations causing irreparable damage to an organization’s morale, its brand and its bottom line. Our employment lawyers are adept at handling the intricacies of state and federal laws and are poised to act swiftly to resolve disputes, allowing employers to focus on running their operations.

We represent clients in a range of industries—from real estate to construction and retail to hospitality. Our attorneys are experienced in the most pressing issues facing today’s employers. We have obtained injunctions in noncompete cases; secured dismissals in discrimination, harassment and wrongful termination matters; defeated conditional collective class certifications; and prevailed on matters involving alleged independent contractor misclassifications and wage act violations. Our experience includes advising clients on policies and procedures, including marijuana in the workplace, returning to work safely during COVID-19, hiring and termination policies; leaves of absence and social media policies; drafting employee handbooks and employment agreements; and representing employers before the Equal Employment Opportunity Commission (EEOC),  the Massachusetts Commission Against Discrimination (MCAD), the United States Department of Labor and the Office of the Attorney General.

Representing Employees

Employees have the right to a safe working environment that is free of harassment and discrimination. When employers violate these rights or fail to comply with federal or state laws, employees often turn to an experienced employment lawyer for help. We have obtained judgments, trial verdicts and settlements for employees in matters ranging from wage and hour violations to discrimination, harassment and wrongful termination. We have secured millions in class action victories and negotiated severance agreements, employment agreements and stock purchase agreements. No matter what employment issues you are facing, we have the experience to help you.

EMPLOYMENT LAWYER  FOR BOSTON EMPLOYERS

We are available to assist employers and businesses of all sizes with any employment law issue, including:

  • Drafting and reviewing employee manuals
  • Drafting and reviewing employment agreements and employment-related forms, including confidentiality, non-solicitation, and non-compete agreements
  • Enforcement of employee contracts and employment agreements
  • Creation and review of company employment policies, including sexual harassment policies and workplace discrimination policies
  • Drafting, reviewing and enforcing warnings and performance improvement plans
  • Drafting and reviewing termination notices, severance agreements and releases
  • Drafting and reviewing hiring policies
  • Investigating and defending employee claims of workplace discrimination, hostile work environment and sexual harassment, including those made to the Equal Employment Opportunity Commission (EEOC) or the Massachusetts Commission Against Discrimination (MCAD) regarding illegal discrimination, illegal harassment or violation of the Family and Medical Leave Act (FMLA) or the Americans With Disabilities Act (ADA)
  • Defending Wage Act Claims
  • Defending independent contractor misclassification claims
  • Representing employers in wage and hour investigations conducted by the U.S. Department of Labor and Office of the Attorney General
  • Representing employers in Form I-9 Audits conducted by the Department of Homeland Security’s Immigration and Custom Enforcement Division
  • Representing employers in investigations conducted by the Department of Labor’s Occupational Safety and Health Administration Division

Representative Employment Law Matters on Behalf of Employers

  • Defended a client in an arbitration proceeding, wherein the client corporation was accused of improperly terminating an employee, failing to pay commissions owed, failing to make a grant of five percent equity in the corporation, and committing Wage and Hour law violations. The arbitrator ruled in the client’s favor on all claims and awarded the client money on its counterclaim for overpayment. The arbitrator’s award was successfully defended in the Superior Court when the former employee, still seeking the claimed five percent equity, sought to have it set aside after the client corporation was sold for $500 million.
  • Represented a national restaurant group being sued for wrongful termination and discrimination; obtained a defense verdict and a finding of no liability after a four-day jury trial in Suffolk Superior Court.
  • Represented a packaged foods manufacturer in defense of a whistleblower complaint filed with the U.S. Department of Labor, Occupational Safety and Health Administration claiming use of retaliatory employment practices in violation of the U.S. Food and Drug Administration’s Whistleblower Provisions. Obtained dismissal of all claims.
  • Litigated matters involving allegations of Massachusetts Wage Act violations, including prevailing wage claims and investigations by the Massachusetts Office of the Attorney General.
    • Defended restaurant investigated by the Massachusetts Office of the Attorney General, Wage and Hour Division, obtaining dismissal of investigation without penalty.
  • Successfully defended clients obtaining dismissal of matters filed with the Massachusetts Commission Against Discrimination and the Equal Employment Opportunity Commission alleging discrimination and wrongful termination based on gender, race, sexual orientation, disability, religion and retaliation
  • Represented employers  in investigations conducted by the United States Department of Labor, Wage and Hour division and Department of Homeland Security, Immigration and Customs Enforcement Division (Form I-9 Investigation).

EMPLOYMENT LAWYER FOR BOSTON EMPLOYEES

On the employee side, we provide experience, advice and legal representation in all types of employment conflicts including:

  • Age discrimination
  • Americans with Disabilities Act violations (ADA)
  • Class Action Wage Claims, including prevailing wage, overtime, minimum wage, travel time, and meal/rest break violations
  • Disability, ethnicity, gender, pregnancy and national origin discrimination
  • Employment contracts, severance agreement negotiation and executive compensation agreements
  • Employer retaliation
  • Family Medical Leave Act (FMLA) interference and discrimination
  • FLSA
  • Non-competition and non-solicitation agreements
  • Qui tam claims
  • Racketeering Influence & Corrupt Organizations Act (RICO)
  • Salary disputes and unpaid sales commissions
  • Sexual harassment
  • Wage and hour violations
  • Whistleblower actions
  • Wrongful termination

Representative Employment Law Matters on Behalf of Employees

  • Obtained a $250,000 settlement against a national non-profit for wrongful termination in violation of public policy.
  • Obtained a $225,000 settlement against a major national bank for race discrimination.
  • Negotiated a wage and hour settlement on behalf of 28 clients against their former Texas-based employer in a bankruptcy proceeding in the U.S. District Court for the Southern District of Texas; recovered over $10,000 on average per employee, each of whom alleged that the company unlawfully withheld wages due to them.
  • Collected unpaid wages and treble damages on behalf of an unpaid laborer in violation of the prevailing wage laws.
  • Represented an employee terminated by a Fortune 500 company the day after requesting medical leave, resulting in a favorable resolution for the employee.
  • Represented improperly paid employees in claims against employer for violations of the Massachusetts Wage Act, recovering millions of dollars on behalf of employees, including:
    • Obtained a $450,000 settlement against a construction firm for prevailing wage violations
    • Obtained $275,000 settlement against plumbing company for prevailing wage violations
    • Obtained $100,000 against commercial real estate development company for wrongful termination and unpaid prevailing wages
  • Successfully represented employees in numerous class actions, including:
    • Obtained a $7 million class action settlement for prevailing wage violations on behalf of over 1,000 Waste Management employees in Mullally et al v. Waste Management of Massachusetts, Inc.
    • Obtained a $6.5 million class action settlement for prevailing wage violations on behalf of over 700 Allied Waste/Republic Services employees in Swiderski v. Allied Waste Services of Massachusetts, LLC; the case was the largest employment settlement in Massachusetts in 2015 as reported by Massachusetts Lawyers Weekly.
    • Obtained a $1.15 million class action settlement for travel time violations on behalf of over 100 employees in Domenech v. National Water Main Cleaning Co.
    • Obtained a $5.25 million class action settlement for 250+ employees for prevailing and overtime wage violations action against a regional environmental maintenance company.
    • Currently serving as putative class counsel on behalf of 500+ distributors alleging independent contractor misclassification against Pepperidge Farm, Inc. in litigation now pending in Massachusetts, California and Illinois

To speak with an experienced employment attorney call Managing Partner Jim Rudolph at 617.723.7700 or contact us online.

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