People: James M. Hlawek, Associate

James M. Hlawek

Associate

Boston
Direct: (617) 946-4895
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Mr. Hlawek is an associate in the Boston office of Seyfarth Shaw LLP. A member of the Labor & Employment Department, his practice is focused on the representation of management in a variety of employment matters.

Mr. Hlawek has experience in both litigation and counseling. His litigation experience includes litigating matters before federal and state courts as well as administrative agencies. He has successfully represented employers against discrimination claims brought under federal and state laws, including claims brought under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, and Massachusetts' Chapter 151B. He has also successfully represented employers in several non-competition and contract disputes. Mr. Hlawek's counseling practice includes advising employers regarding compliance with federal and state employment laws, leave management issues, and reductions-in-force. He also has experience drafting employment contracts, severance agreements, non-competition agreements, and company handbooks.

Prior to law school, Mr. Hlawek worked for several years as a consultant where he develop extensive experience in the health care, financial services, and education industries. Additionally,  Mr. Hlawek is a Certified Public Accountant and a Certified Management Accountant.

Mr. Hlawek is an associate in the Boston office of Seyfarth Shaw LLP. A member of the Labor & Employment Department, his practice is focused on the representation of management in a variety of employment matters.

Mr. Hlawek has experience in both litigation and counseling. His litigation experience includes litigating matters before federal and state courts as well as administrative agencies. He has successfully represented employers against discrimination claims brought under federal and state laws, including claims brought under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, and Massachusetts' Chapter 151B. He has also successfully represented employers in several non-competition and contract disputes. Mr. Hlawek's counseling practice includes advising employers regarding compliance with federal and state employment laws, leave management issues, and reductions-in-force. He also has experience drafting employment contracts, severance agreements, non-competition agreements, and company handbooks.

Prior to law school, Mr. Hlawek worked for several years as a consultant where he develop extensive experience in the health care, financial services, and education industries. Additionally,  Mr. Hlawek is a Certified Public Accountant and a Certified Management Accountant.

Education

  • J.D., Harvard Law School (2005)
    Primary Editor, Harvard Law Review
  • M.B.A., University of Illinois (1994)
  • B.S., Millikin University (1992)
    summa cum laude

Admissions

  • Massachusetts

Courts

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

Representative Engagements

Representative Single-Plaintiff Cases

  • Furtado v. Standard Parking Corp. et al., Case No. 10-11231 (D. Mass.) (summary judgment for defendants on all 11 counts, including termination-based disability, FMLA, and reasonable accommodation claims)
  • Valentino v. Brown Shoe Co., Case No. 10-11712 (D. Mass.) (obtained dismissal of plaintiff’s FMLA and disability-based claims)
  • Defense of hotel owner against allegations of age discrimination and retaliation.
  • Defense of aerospace manufacturer against plaintiff’s FMLA and age-based discrimination claims.
  • Defense of consumer products company against allegations of race-based discrimination.
  • Defense of leading manufacturer against allegations of disability-based discrimination.
  • Obtained complete defense award in the arbitration of a plaintiff's claim of race-based discrimination.

Representative Complex Discrimination Cases

  • Defense of university in class action alleging gender-based discrimination.

Representative Wage and Hour Cases

  • Defense of home builder in FLSA collective action regarding overtime claims.
  • Defense of restaurant chain in class action challenging tip pooling practices and use of tip credit to pay less than minimum wage.

Representative Workplace Counseling Matters

  • Assistance to employers on reductions in force. 
  • Advice to employers on drafting multi-state non-competition agreements.
  • Advice to employer on implementation of policy prohibiting the hiring of smokers.

Presentations

  • “Developments in Anti-Discrimination Law 2009-2010,” Employment Law Update, presented by NEHRA (Spring 2010)

Publications

  • “Monitoring the Computer Usage of Your Employees Without Unlawfully Invading Their Privacy: Your Existing Policy May Not Be Sufficient,” Employment Law Update Insights (Spring 2012)
  • Contributing Author, "Chapter 20 A & B," Wage & Hour Collective and Class Litigation, ALM Law Journal Press (2012).  Definitive treatise on wage and hour litigation.
  • Co-Author, “Your Arbitration Class Action Waiver May Not Be Enforceable in Massachusetts,” Wage & Hour Litigation Blog, available at: wagehourlitigation.com
  • “Massachusetts Court Finds Arbitration Class Action Waiver Unenforceable, Even Under AT & T v. Concepcion,” Seyfarth Shaw One Minute Memo (Co-authored with Richard Alfred)
  • Co-Author "Sprawl and Local Government Taxation Régimes: Cause and Effect," Urban Sprawl: A Comprehensive Reference Guide (2006)