People: Ariel D. Cudkowicz, Partner

Photo of Ariel D. Cudkowicz, Partner

Ariel D. Cudkowicz

Partner

Associate Managing Partner

Boston
Direct: (617) 946-4884
Fax: (617) 946-4801
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Ariel Cudkowicz is the co-chair of Seyfarth Shaw’s national Employment Litigation and Counseling Practice Group and Associate Managing Partner of the Boston Office.

Mr. Cudkowicz’s practice is focused on employment litigation with a particular emphasis on wage and hour collective and class actions, complex single-plaintiff employment discrimination litigation and workplace advice and counseling.  Mr. Cudkowicz specializes in representing clients in the retail industry in FLSA collective actions, and in the hospitality industry in class actions challenging the distribution of tips and service charges under state and federal laws.  The collective and class actions have involved potential plaintiffs from several hundred to over 11,000.  Mr. Cudkowicz also provides advice to Fortune 100 and 500 corporations on compliance with state and federal wage and hour laws and avoidance of litigation under those laws.

Mr. Cudkowicz has extensive experience defending single and multi-plaintiff employment discrimination cases brought under federal and state laws and employment-related breach of contract and tort claims.  Mr. Cudkowicz’s litigation practice covers the full spectrum of litigation services, including litigation management, motion practice, jury trials and appeals before federal and state courts and administrative agencies.  Mr. Cudkowicz has extensive experience in alternative dispute resolution proceedings, including arbitration, mediation, conciliation and summary and mini-trials encompassing most substantive areas of employment law.

Mr. Cudkowicz has represented clients in a wide number of industries including retail, hospitality, spa, sports/entertainment, adult entertainment, high tech, temporary staffing and business services.

Ariel Cudkowicz is the co-chair of Seyfarth Shaw’s national Employment Litigation and Counseling Practice Group and Associate Managing Partner of the Boston Office.

Mr. Cudkowicz’s practice is focused on employment litigation with a particular emphasis on wage and hour collective and class actions, complex single-plaintiff employment discrimination litigation and workplace advice and counseling.  Mr. Cudkowicz specializes in representing clients in the retail industry in FLSA collective actions, and in the hospitality industry in class actions challenging the distribution of tips and service charges under state and federal laws.  The collective and class actions have involved potential plaintiffs from several hundred to over 11,000.  Mr. Cudkowicz also provides advice to Fortune 100 and 500 corporations on compliance with state and federal wage and hour laws and avoidance of litigation under those laws.

Mr. Cudkowicz has extensive experience defending single and multi-plaintiff employment discrimination cases brought under federal and state laws and employment-related breach of contract and tort claims.  Mr. Cudkowicz’s litigation practice covers the full spectrum of litigation services, including litigation management, motion practice, jury trials and appeals before federal and state courts and administrative agencies.  Mr. Cudkowicz has extensive experience in alternative dispute resolution proceedings, including arbitration, mediation, conciliation and summary and mini-trials encompassing most substantive areas of employment law.

Mr. Cudkowicz has represented clients in a wide number of industries including retail, hospitality, spa, sports/entertainment, adult entertainment, high tech, temporary staffing and business services.

Education

  • J.D., Georgetown University Law Center (1987)
  • B.A., University of Rochester (1984)

Admissions

  • District of Columbia

Courts

  • U.S. Court of Appeals for the First Circuit
  • U.S. District Court for the District of Massachusetts

Affiliations

  • American Bar Association
  • Boston Bar Association (Labor and Employment Section)
  • College of Labor & Employment Lawyers (Election as Fellow, 2011)
  • Massachusetts Bar Association (Labor and Employment Section)

Representative Engagements

  • Bullock et al. v. The Ritz Carlton Hotel Company et al., Case No. 04-04379 (Suffolk Superior Court, MA) (Rule 23 class action concerning eligibility of banquet captains to participate in service charge distribution under Massachusetts Tip Statute)
  • Butcher et al. v. United Airlines, Inc. Case No. 1:09-CV-11681 (U.S. District Court, MA) (FLSA collective action concerning proper application of the tip credit to minimum wage obligations).
  • DePina, et al. v. Marriott International, Inc., Case No. 03-5434 (Suffolk Superior Court, MA) (Rule 23 class action concerning eligibility of banquet captains to participate in service charge distribution under Massachusetts Tip Statute)
  • Dilorio, et al. v. The Ritz Carlton Hotel Company et al., Case No. 07-0131 (Suffolk Superior Court, MA) (Rule 23 class action concerning eligibility of banquet captains to participate in service charge distribution under Massachusetts Tip Statute)
  • Ellison, et al. v. NPS, Inc., Case No. 06-1577 (Middlesex Superior Court, MA) (Rule 23 class action challenging use and distribution of administrative fees for banquet operations under Massachusetts Tip Statute)
  • Espinoza, et al. v. Zia Maria Restaurant, Inc. and Donato Frattaroli, Case No. 11-4138 (Suffolk Superior Court, MA) (Rule 23 class action concerning eligibility of banquet coordinator to participate in service charge distribution under Massachusetts Tip Statute)
  • Friedlander, et al. v. The TJX Companies, Inc., Case No. 9:05-CV-80694 (S.D. Fl.) (FLSA collective action concerning misclassification claims of assistant store managers)
  • Gaza, et al. v. South Shore Playhouse Associates, Case No. 05-2794 (Middlesex Superior Court, MA) (Rule 23 class action challenging distribution of gratuities from tip pool under Massachusetts Tip Statute)
  • Hayes et al. v. Aramark and The Boston Red Sox, Case No. 08-0749 (Suffolk Superior Court) (Rule 23 class action challenging use and distribution of administrative fees for banquet operations under Massachusetts Tip Statute)
  • Hernandez, et al. v. Hyatt Corporation, Case No. 05-0569 (Suffolk Superior Court, MA) (Rule 23 class action concerning eligibility of banquet captains to participate in service charge distribution under Massachusetts Tip Statute)
  • Hough, et al. v. Select Restaurants, Inc., 05-1258 (Suffolk Superior Court, MA) (Rule 23 class action challenging distribution of service charges collected under Massachusetts Tip Statute)
  • Jara et al. v.The Federalist, Inc., Bovine, LLC, d/b/a Mooo Restaurant, 15 Beacon Street Corp., and Paul Roiff, Case No. 08-1893 (Suffolk Superior Court, MA) (Rule 23 class action concerning ability of banquet coordinator to participate in service charge distribution under Massachusetts Tip Statute)
  • Laughlin et al. v. Columbus Restaurant Group, LLC d/bla Columbus Hospitality Group, Jamie Mammano, and Paul Roiff, Case No. 12-3626-H (Suffolk Superior Court) (Rule 23 class action alleging violation of Massachusetts Tip Statute and Minimum Wage law).
  • Lucas et al. v. Ultima Framingham LLC and Ultima Skokie Management, LLC d/bla Sheraton Framingham Hotel & Conference Center, Case No. 12-4529 (Middlesex Superior Court) (Rule 23 class action alleging violation of the Massachusetts Tip Statute and Minimum Wage Law)
  • Malinski et al. v. Starwood Hotels & Resorts Worldwide, Inc. et al.,Case No. 1:08-CV-11859 (D. Mass.) (Rule 23 class action alleging violation of Massachusetts Tip Statute, Minimum Wage Law and common law claims)
  • Masiello, et al. v. Marriott International, Inc., Case No. 06-05109 (Suffolk Superior Court, MA) (Rule 23 class action concerning eligibility of banquet captains to participate in service charge distribution under Massachusetts Tip Statute)
  • Masiello, et al. v. Marriott International, Inc., Case No. 08-4036 (Suffolk Superior Court, MA) (Rule 23 class action concerning distribution of service charges to room service employees)
  • McCandless et al. v. Staples, Inc., Case No. 1:07-CV-11850 RCL (U.S. District Court, MA) (FLSA collective action concerning misclassification claims of senior product sales specialists)
  • Michalek, et al. v. The Boston Palm Corporation, Case No. 03-1334 (Suffolk Superior Court, MA) (Rule 23 class action concerning eligibility of banquet coordinator to participate in service charge distribution under Massachusetts Tip Statute)
  • Miyasato et al. v. Hyatt Corporation and Goldman Sachs & Co.,, Civil Action No. 11-1-2596-10 (Rule 23 class action alleging violation of the Hawaii Tip Statute and Unfair Competition Statute)
  • Myles-Thomas, et al. v. TJMaxx, Case No. 1:06-CV-1100 (W.D. Tenn.) (off-the-clock work) (FLSA collective action concerning off-the-clock work and meal break violations)
  • Pierce et al. v. Intercontinental Hotels Group Resources, Inc., Case No. 11-3200 (Suffolk Superior Court, MA) (Rule 23 class action challenging service charge distribution under Massachusetts Tip Statute)
  • Plenty et al. v. The TJX Companies, Inc., Case No. 2:07-CV-1656 (N.D. Ala.) (FLSA collective action concerning misclassification claim of merchandise managers)
  • Ramsey et al. v. McCormick and Schmicks, Case No. Case No. 09-1846 (Suffolk Superior Court, MA) (defense of Rule 23 class action challenging tip pooling practices and use of tip credit to pay less than minimum wage)
  • Reid, et al. v. The TJX Companies, Inc., Case No. 04-CV-1247 (N.D. Ill.) (FLSA collective action and state law class action concerning off-the-clock work and meal break violations)
  • Ruiz, et al. v. Mardi Gras Entertainment, Inc. et al., Case No. 10-00034 (Hampden Superior Court, MA) (Rule 23 class action challenging independent contractor statutes of exotic dancers under G.L. c. 149, § 148B and other pay practices under Massachusetts Tip Statute)
  • Sheehan, et al.v. Marriott International, Inc., Case No. 08-1342 (Essex Superior Court) (Rule 23 class action concerning eligibility of banquet captains to participate in service charge distribution under Massachusetts Tip Statute)
  • Smith et al. v. Kawailoa Development LLP d/b/a Grand Hyatt Kauai Resort & Spa and Hyatt Corporation, Civil Action No. 11-00350 (U.S. District Court, HI) (Rule 23 class action removed to federal court alleging violation of the Hawaii Tip Statute and Unfair Competition Statute)
  • Verdone, et al. v. Walgreen Eastern Co., Inc., Civil Action No. 06-01613 (Norfolk Superior Court) (Rule 23 class action alleging violations of Massachusetts wage and hour laws, including the “Blue Laws,” and common law claims)
  • Walsh, et al. v. Foxy Lady, et al., Civil Action 10-1616 (Plymouth Superior Court) (Rule 23 class action challenging independent contractor status of exotic dancers under G.L. c. 149 § 148B and other pay practices under Massachusetts Tip Statute)
  • Williamson, et al. v. DT Management d/b/a Boston Harbor Hotel, Case No. 02-01824 (Middlesex Superior Court, MA) (Rule 23 class action concerning eligibility of catering and banquet personnel to participate in service charge distribution under Massachusetts Tip Statute)
  • Wood, et al. v. ZC Management LLC et al., Case No. 3:07-30076 (U.S.D.C., MA) (Rule 23 class action removed to federal court alleging violations of the Massachusetts Tip Statute and Payment of Wages law)

Representative Other Cases

  • Boston Restaurant Associates v. Power et al., Case No. 07-01495 (Essex Superior Court, MA) (complex multi-party sexual harassment case)
  • Cuddyer v. Stop & Shop Supermarket Company, Case No. 97-01816 (Norfolk Superior Court, MA) (complex single plaintiff sexual harassment case)
  • Cherrette v. Staples, Inc., Case No. 10-CV-777 (Merrimack Superior Court, NH) (New Hampshire Whistleblower protection case)
  • Day v. Staples, Inc., Appeal No. 08-1689 (U.S. Court of Appeals for the First Circuit) (successful appeal of summary judgment dismissal of complex Sarbanes-Oxley whistleblower protection case)
  • Fuhrmann v. Staples, Inc., Case No. Yor-11-551 (Maine Supreme Judicial Court) (appeal from summary judgment dismissal of Maine Whistleblower Protection case)
  • Martignetti v. Stop & Shop Supermarket Company, Case No. 99-4921 (Suffolk Superior Court, MA) (complex single plaintiff national origin discrimination case)
  • Noonan v. Staples, Inc., Appeal No. 07-2159 (U.S. Court of Appeals for the First Circuit) (successful appeal from summary judgment dismissal of complex breach of Stock Option Agreement and defamation case)
  • Sheehan et. al v. Marriott International, Inc., Appeal No. 10-P-1306 (Commonwealth of Massachusetts Appeals Court) (successful appeal from third party motion to intervene)
  • Skidmore v. W.R. Grace, Case No. 03-2679 (Middlesex Superior Court, MA) (non-compete and non-solicitation case)
     

Presentations

  • Co-Chair American Conference Institute’s 14th National Forum on Wage & Hour Claims and Class Actions (January 2012)
  • “Employment & Labor Law,” MCLE Basics Plus Program (2010, 2011)
  • “Independent Contractor v. Employee,” MCLE Program (2010, 2011, 2012)
  • “Regulation of Unpaid Internships:  The Uncertain Future,” The George Washington University Center for Civil Engagement and Public Service (2010)
  • “Litigating Wage & Hour Cases”, MCLE Program (2009, 2010, 2012)
  • “New Massachusetts Wage & Hour Treble Damages Law:  Litigation Avoidance is the First Line of Defense,” The Greater Boston Hotel Human Resources Association (2008)
  • “Wage and Hour Issues for Complex Workplace,” Boston Bar Association (2008)
  • “Chapter 80 of the Acts of 2008 – Implications to Your Practice and Business Operations,” New England Labor Counsel (2008)
  • “Winning Damages Claims in Employment Litigation,” Boston Bar Association (2006)
  • “The Americans with Disability Act,” The Greater Boston Hotel Human Resources Association (2006)
  • “Hot Topics in Employment Law,” New England Corporate Counsel Association, Inc. (2005)
  • “Hot Topics in Employment Law,” Massachusetts Restaurant Association Foodservice and Lodging Exposition (2002-2003)
  • “New Developments in U.S. Labor, Employment and Investigation Law,” Government of Israel Economic Office in New England (2002)
  • “Legal Issues Series:  Wrongful Termination,” Massachusetts Software Council (1999)

Publications

  • Co-Author, “First Circuit Upholds Massachusetts Mandatory Treble Damages Law, Affirms Class Certification, and Interprets Tip Pooling Law, “ Seyfarth Shaw LLP - One Minute Memo (November 14, 2012)
  • Co-Author, “Transgender Issues in the Workplace,”Employment Law Strategist (September 2012)
  • Co-Author, “Employer Rights and Responsibilities:  Monitoring Employee Communication in the Workplace,” Insights Magazine (Winter 2011)
  • Co-Author, “Top 10 Whistleblower Cases of 2010,” featured in NACD Directorship.com (January 14, 2011)
  • Co-Author, “Winter Wonderland:  Tips for Supplementing Your Workforce with Seasonal Employees,” Seyfarth Shaw Management Alert, featured inBloomberg Law Reports (December 6, 2010)
  • Co-Author, “Technology and Privacy in the Workplace:  Monitoring Employee Communications After The Supreme Court’s Quon Decision,”Boston Bar Journal (Fall 2010).
  • “Strategies for Avoiding or Defending ADA ‘Drive-by’ Lawsuits,” NY Restaurant Insider (January 2006)
  • Co-Author, “Does New Tip Statute in MA Solve this Problem,” Food Service East (Spring/Summer 2005)

Recognitions

  • Chambers & Partners, Chambers USA/America’s Leading Business Lawyers; Massachusetts Management Employment Lawyers (2006-2012)
  • Massachusetts/New England Super Lawyer (2005, 2007-2012)