People: Kristin G. McGurn, Partner

Kristin G. McGurn

Partner

Boston
Direct: (617) 946-4858
Fax: (617) 946-4801
0

Biography

Ms. McGurn is a partner in Seyfarth’s Boston office practicing in the area of labor and employment litigation and counseling, specializing in wage and hour litigation.  Ms. McGurn is an experienced litigator, whose expertise spans federal employment law and analogous state common law and statutory claims, including Title VII, ADEA, FMLA, ADA, FLSA, civil and equal rights, fair employment practices and wage payment claims.  Ms. McGurn counsels and defends scores of employers in the healthcare industry regarding wage and hour compliance on classification and pay practice issues affecting the industry.

Ms. McGurn’s practice focuses on assisting private and public businesses and not-for-profit employers to negotiate and draft employment contracts and covenants, as well as separation and severance agreements.  She prosecutes and defends a wide variety of business and employment-related disputes including discrimination, harassment and retaliation, breach of contract, breach of fiduciary duty, non-competition, non-solicitation and unfair competition claims.  Her experience also includes defending ERISA claims in court and before the United States Department of Labor.

Ms. McGurn has significant expertise in developing and implementing employment-related training programs and policies.  She assists employers to conduct reductions in force and on-boarding, performs confidential investigations, and implements compliance assessments in areas such as leave management, worker classification and pay practices, and independent contractor, trainee and volunteer status.

Ms. McGurn has tried cases to verdict and has briefed and argued appeals in federal and state court.  She regularly defends employers at the Massachusetts Commission Against Discrimination and EEOC.  Ms. McGurn’s expertise covers all stages of litigation including case management, motion practice, discovery (including E-discovery), trials and appeals.  She has noteworthy ADR experience including in mediations, arbitration and conciliations.

Ms. McGurn is a member of the firm's Health Care Reform Team. This cross-departmental team of lawyers was formed to focus on how health care reform will affect our clients. Ms. McGurn advises clients on the employment law and traditional labor impacts of healthcare reform.

Ms. McGurn frequently writes for trade and industry-specific publications.  She regularly presents for clients and industry groups on employment-related issues.

Ms. McGurn serves on Seyfarth’s Women’s Network’s (SWN) National Leadership Team for the firm’s women attorneys’ affinity group.  She is the firm’s national co-chair of the SWN’s Alternative Work Arrangement Subcommittee, which is dedicated to attracting and retaining talented female attorneys.

Ms. McGurn also serves on the Board of the Entrepreneurship Institute of Boston.  She is a member of the Boston Club, a women’s executive network.  Ms. McGurn counsels a healthcare industry trade association.  She regularly serves as a speaker and panelist on employment-related issues at professional conferences for groups such as these.  She also serves as the Treasurer to the after school program of a local elementary school.

Ms. McGurn is a partner in Seyfarth’s Boston office practicing in the area of labor and employment litigation and counseling, specializing in wage and hour litigation.  Ms. McGurn is an experienced litigator, whose expertise spans federal employment law and analogous state common law and statutory claims, including Title VII, ADEA, FMLA, ADA, FLSA, civil and equal rights, fair employment practices and wage payment claims.  Ms. McGurn counsels and defends scores of employers in the healthcare industry regarding wage and hour compliance on classification and pay practice issues affecting the industry.

Ms. McGurn’s practice focuses on assisting private and public businesses and not-for-profit employers to negotiate and draft employment contracts and covenants, as well as separation and severance agreements.  She prosecutes and defends a wide variety of business and employment-related disputes including discrimination, harassment and retaliation, breach of contract, breach of fiduciary duty, non-competition, non-solicitation and unfair competition claims.  Her experience also includes defending ERISA claims in court and before the United States Department of Labor.

Ms. McGurn has significant expertise in developing and implementing employment-related training programs and policies.  She assists employers to conduct reductions in force and on-boarding, performs confidential investigations, and implements compliance assessments in areas such as leave management, worker classification and pay practices, and independent contractor, trainee and volunteer status.

Ms. McGurn has tried cases to verdict and has briefed and argued appeals in federal and state court.  She regularly defends employers at the Massachusetts Commission Against Discrimination and EEOC.  Ms. McGurn’s expertise covers all stages of litigation including case management, motion practice, discovery (including E-discovery), trials and appeals.  She has noteworthy ADR experience including in mediations, arbitration and conciliations.

Ms. McGurn is a member of the firm's Health Care Reform Team. This cross-departmental team of lawyers was formed to focus on how health care reform will affect our clients. Ms. McGurn advises clients on the employment law and traditional labor impacts of healthcare reform.

Ms. McGurn frequently writes for trade and industry-specific publications.  She regularly presents for clients and industry groups on employment-related issues.

Ms. McGurn serves on Seyfarth’s Women’s Network’s (SWN) National Leadership Team for the firm’s women attorneys’ affinity group.  She is the firm’s national co-chair of the SWN’s Alternative Work Arrangement Subcommittee, which is dedicated to attracting and retaining talented female attorneys.

Ms. McGurn also serves on the Board of the Entrepreneurship Institute of Boston.  She is a member of the Boston Club, a women’s executive network.  Ms. McGurn counsels a healthcare industry trade association.  She regularly serves as a speaker and panelist on employment-related issues at professional conferences for groups such as these.  She also serves as the Treasurer to the after school program of a local elementary school.

Education

  • J.D., Northeastern University School of Law (1991)
  • B.A., University of Connecticut (1987)
    magna cum laude
    Member, Phi Beta Kappa

Admissions

  • Massachusetts

Courts

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

Affiliations

  • American Health Lawyers Association
  • Boston Bar Association
  • Massachusetts Bar Association

Representative Engagements

Reported Decisions

  • Manning v. Boston Medical Center, NO. 09-11463-RWZ, 2012 WL 1355673 (D. Mass. Apr. 18, 2012)
  • Desilva v. NorthShore-LongIslandJewish Health Sys., NO. 10-CV-13412011 U.S. Dist. LEXIS 27138 (E.D.N.Y. Mar. 16, 2011)
  • Manning v. BostonMedicalCenter, NO. 09-11724-RWZ, 2011 U.S. Dist. LEXIS 29165 (D. Mass. March 10, 2011)
  • Manning v. BostonMedicalCenter, 2011 U.S. Dist. LEXIS 19197 (D. Mass. February 28, 2011)
  • Pruell et al. v. Caritas Christi et al., 2010 U.S. Dist. LEXIS 101770, NO. 09-11722-GAO (D. Mass. September 27, 2010)
  • Pruell et al. v. Caritas Christi et al., 2010 U.S. Dist. LEXIS 101761, NO. 09-11466-GAO (D. Mass. September 27, 2010)
  • Bartoli v. Foster Wheeler, 2008 WL 5101187 (N.J. Super. December 5, 2008)
  • Warlop v. Lernout, et al., 473 F. Supp. 2d 260 (D. Mass. 2007)
  • Baena v. KPMG, LLP, 389 F. Supp. 2d 112 (D. Mass. 2005), aff’d, 453 F. 3d 1 (1st Cir. 2006)
  • Nisselson v. Lernout, 2004 WL 1630492 (D. Mass. 2004), aff’d, 469 F.3d 143 (1st Cir. 2006)
  • Lopez v. Target, 2005 WL 1812466, 19 Mass. L. Rptr. 477 (Mass. Super. 2005)
  • Bambergv. Lernout, 225 F.R.D. 64 (D. Mass. 2004)
  • Fire Chief of East Bridgewaterv. PlymouthCountyRetirement Board, 47 Mass. App. Ct. 66 (1999)
  • Cristo v. Trustees of BostonUniversity, 42 Mass. App. Ct. 115 (1997)
  • Leal v. Contributory Retirement Appeal Board, 42 Mass. App. Ct. 330 (1997)
  • Town of Swanseav. Contributory Retirement Appeal Board, 43 Mass. App. Ct. 402 (1997)
  • Compagnie de Reassurance D’Ile de Francev. New England Reinsurance Corporation, 825 F. Supp. 310, aff’d in part, 57 F. 3d 56 (1st Cir. 1995)
  • Rey v. Lafferty, 990 F. 2d 1379 (1st Cir. 1993)

Other Representative Engagements

  • Defense of dozens of healthcare systems, hospitals and long-term and short-term care facilities in meal break and overtime litigations.
  • Regional counsel to global companies, overseeing Eastern Region of Single-Plaintiff Fixed Fee arrangement modeled on Six Sigma principles. 
  • Defense of federal age discrimination and breach of contract, promissory estoppel and interference claims on behalf of public technology company.
  • Defense of single-plaintiff and multi-plaintiff discrimination, reverse discrimination, harassment and retaliation charges at Massachusetts Commission Against Discrimination, EEOC and in Massachusetts Superior and Federal Courts on behalf of national retailers, hoteliers and grocers; non-profits; federally-funded researchers; and healthcare providers.
  • NASD/FINRA arbitrations concerning broker employment claims including compensation and termination, as well as customer disputes.
  • Defense of FLSA class action and state law wage payment claims.
  • Defense of multi-million dollar breach of distribution agreement claims.
  • Defense of employee raiding and breach of restrictive covenant and fiduciary duty claims.
  • Defense of ADA, Title VIII and Massachusetts Gen. Laws c. 272 housing accommodation and discrimination claims.
  • Defense of ERISA claims arising from mutual fund crisis.
  • Contest of OSHA citations at the Department of Labor’s Review Commission.

Presentations

  • “Compensation and Compliance Update,” New England Teaching Hospital 12th Annual Conference, Seyfarth Shaw Presentation (May 2011)
  • “Overview of ADA and Legal Issues,” Massachusetts Hospital Association 45th Annual HR/Labor Forum, Seyfarth Shaw Presentation (May 2011)
  • “Wage and Hour Class Actions Against Health Care Employers - - Key Issues and Trends,” Illinois Association of Healthcare Attorneys, Quarterly Lecture (June 2010)
  • “An Employer’s Guide to Health Care Reform for the Newspaper Industry,” Inland Press Association (June 2010)
  • “SPI: The Plastics Industry Trade Association, An Employer’s Guide  to Health Care Reform for the Plastics Industry,” Seyfarth Shaw Webinar (May 2010)
  • “Lean Six Sigma and Process Improvement in Healthcare Summit,” Seyfarth Shaw Presentation (May 2010)
  • “American Hotel and Lodging Association, Health Care Reform: How It Will Impact the Hospitality Industry,” Seyfarth Shaw Webinar (May 2010)
  • “Health Care Reform and Its Impact in Employers,” Seyfarth Shaw Webinar (April & May 2010)
  • “DOL Audit Initiatives and Wage & Hour Class Actions Targeting Hospitals in the Metropolitan Area: Are You Ready?,” Seyfarth Shaw Webinar (April 2010)
  • “Healthcare Under the Employee Free Choice Act: What You Need to Know,” Seyfarth Shaw Webinar (January 2010)
  • “Healthcare Employers Targeted in Wage and Hour Class Actions,” Seyfarth Shaw Webinar (December 2009)
  • “The Ledbetter Fair Pay Act and Paycheck Fairness Act: "Pay Now or Pay Later,” Seyfarth Shaw Breakfast Briefing (April 2009)
  • “ADA Amendments Act: What Will The New Standards Mean To You,” Industry Trade Association Presentation (February 2009)
  • “FMLA Regulations: What You Need To Know,” Industry Trade Association Presentation (February 2009)
  • “Developing and Maintaining a Healthy Corporate Culture,” The Entrepreneurship Institute (October 2008)
  • “Chapter 80 of the Acts of 2008 - Implications for Healthcare Business Operations,” Industry Trade Association Presentation (June 2008)
  • “Staying Ahead of the Curve: An Employer’s Guide to the Universe,” Seyfarth Breakfast Briefing Series (December 2007)
  • “Retaliation after Burlington Northern,” Seyfarth Breakfast Briefing Series, (December 2007)
  • “Interviewing and Hiring: Legal Recruitment Strategies,” The Entrepreneurship Institute (October 2007)
  • “Navigating FMLA and ADA Issues,” Healthcare Provider Series (December 2005)
  • “Career + Life: The Balancing Act,” Women in Healthcare Series (September 2004)
  • “Fiduciary Training: ERISA Duties and Obligations,” Board of Directors Education Series (July 2004)
  • Electronic Evidence: Impact on Commercial and Employment Law,” Seyfarth Breakfast Briefing Series (April 2004)
  • “Disability Discrimination and The Interactive Process Under the ADA,” Seyfarth Labor & Employment Symposium Presentation (October 2003)

Publications

  • "Healthcare Employers Under Attack: The Rise of Wage and Hour Class Action Lawsuits," Healthcare Compliance Letter (July 2010) (Co-Authored with Bill Schurgin and Noah Finkel)
  • Hotel News Now, quoted in article “Hotels and Health Care, Just the Facts,” (May 2010)
  • “Employment Litigation to Rise Under Ledbetter Act,” Massachusetts Lawyers Weekly (February 2009) (Co-Authored with Lynn Kappelman)
  • “Founders’ Revenge: Don’t Allow Start Up Execs to Forfeit Salaries,” Venture Capital Journal (October 2007) (Co-Authored with Ronan O’Brien)
  • “Independent Contractor Status,” JobDocs Column, The Boston Globe, (October 2007)
  • “Region’s Snow Day Becomes Paid Vacation Day,” JobDocs Column, The Boston Globe (February 2006)
  • “Mixed Messages From Managers Hint at Turf War,” JobDocs Column, The Boston Globe (June 2004)
  • Periodic Editor of Seyfarth’s Massachusetts Labor and Employment Report Quarterly Newsletter
  • Co-Author, “Tell the Truth,” Women’s Business (October 2000) (Co-Authored with Katherine Perrelli)
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