Affiliations

• Boston Bar Association
• Massachusetts Bar Association
• Women’s Bar Association
• Women’s Bar Foundation (Board Member)

Representative Engagements

Representative Wage & Hour Cases

• Northeastern University adv. Bienkowski, 285 F.3d 138 (1st Cir.) (appellate victory holding that police officers were not entitled to overtime payments pursuant to the Portal-to-Portal Act for time spent in classes for certification as emergency medical technicians)
• Fidelity Employer Services Corp adv. Trezvant, et al., 434 F.Supp.2d 40 (D. Mass. 2006) (winning dismissal of pendant state law claim and narrowly circumscribing the size of the putative FLSA class in a misclassification case against a national financial services firm)
• Robert Half Int’l adv. O’Donnell, et al., 205 F.R.D. 77 (D. Mass. 2008) (“O’Donnell IV”) (defeating certification of a Rule 23 class in a case alleging violations of the salary basis test for exempt status where, because of the individualized inquiries required for each plaintiff in determining whether a violation occurred, plaintiffs failed to demonstrate that common questions of fact or law predominated or that a class action was the most efficient way to adjudicate claims)
• Robert Half Int’l adv. O’Donnell, et al., 534 F. Supp. 2d 173 (D. Mass. 2008) (“O’Donnell III”) (defeating class certification for the third time at initial stage of a federal lawsuit alleging that a professional staffing agency had violated the salary basis test for its exempt employees)
• Robert Half Int’l adv. O’Donnell, et al., 429 F. Supp. 2d 246 (D. Mass. 2006) (“O’Donnell I”) (defeating class certification at the initial stage of a federal lawsuit alleging that a professional staffing agency had misclassified certain employees as exempt)
• Defended tour operator in FLSA collective and class action alleging misclassification of tour operator’s program directors as independent contractors. Aggressive litigation strategy enabled client to obtain advantageous settlement.
• Currently defending restaurant in putative class action alleging violation of state tipping statute. Achieved dismissal of plaintiff’s retaliation claim, as part of overall strategic approach to limiting potential exposure that includes opposing class certification and moving for summary judgment on common law and statutory overtime claims.

Representative Single-Plaintiff Cases

• Staples, Inc. adv. Kevin Day, No. 08-1689 (1st Cir. 2009) (affirming dismissal of Sarbanes-Oxley whistleblower claim, finding plaintiff lacked an “objectively reasonable belief” that the employer had violated any securities laws).
• Costco Wholesale Corp. adv. Cloutier, 390 F.3d 126 (1st Cir. 2004) (affirming dismissal of religious discrimination claims by former employee who asserted membership in the “Church of Body Modification” and sought to display facial piercings at work in violation of company’s appearance policy; employee’s request for a complete waiver of the company’s neutral policy constituted an undue hardship)
• The TJX Companies adv. Lisa Higgins, 331 F.Supp.2d 3 (D. Me. 2004) (dismissing employee’s sexual harassment and retaliation claims on the grounds that the employer took prompt remedial action when the employee complained of harassment, and that employee never suffered an adverse employment action)
• The TJX Companies adv. Brian Higgins, 328 F.Supp. 2d 122 (D. Me. 2004) (dismissing applicant’s third-party retaliation claim premised on his cousin’s sexual harassment complaints, where applicant did not personally engage in protected activity)
• Robert Half International, Inc. adv. Buoncontri, 2003 WL 915181, No. CA030298-BLS2 (Mass. Super. Jan. 28, 2003) (enjoining former employee from soliciting employer’s customers with whom he had dealt or of whom he was aware during his employment as a staffing professional)
• MKS Instruments, Inc. adv. Oliveros , (No. 2007-P-0328) (Mass. Appeals Courts 2008) (affirming dismissal of public policy discharge claim by at-will employee, where plaintiff failed to identify any public policy implicated by his termination).
• MKS Instruments, Inc. adv. Solomon, (D. Conn. 3:03-CV-1615 CFD) (defense of breach of contract and age discrimination claims brought by former executive)

Presentations

• “Electronic Monitoring and Privacy,” MCLE Program: Emerging Issues in the Changing Workplace (March 2009)
• “Operating Within the Law,” Employment Training for Managers, Client Seminar (March 2009)
• “Perspectives on Internal Grievance Procedures,” Boston Bar Association Program (May 2008)
• “Where c. 151B, Workers Comp and Federal Laws Clash,” MCLE Program (2008)
• “Avoiding Liability: Key Employment Law Areas of Concern,” Client Seminar (June 2008)
• “New President, New Congress, New Issues for Employers: How the 2008 Election Results Will Impact Employers” (November 2008)
• “Traps for the Unwary: Avoiding Wage & Hour Liability,” Build Boston tradeshow presentation (November 2008)
• “How to Get Probable Cause or Lack of Probable Cause at the Mass. Commission Against Discrimination,” MCLE Program (2006, 2007)
• “Settling FLSA Collective Actions” (October 2006)
• “Executive Employment Law Briefing,” Massachusetts Human Resources Council (January 2005)
• “Protecting Against Whistleblower Liability Under the Sarbanes-Oxley Act of 2002,” Client Seminar (May 2006)
• Guest Speaker Employment Law Practice Seminar, “Employment Discrimination Update,” (2007-2009); “ Workplace Investigations,” (2006);
• “Legal Issues in Hiring,” Suffolk University (October 2001)
• Northeastern Human Resources Association: Presenter at various employment law seminars (“Workplace Privacy;” “Employee Handbooks and Investigations;” “Recruiting Law;” “Discrimination Law Update;” “Sexual Harassment;” “Leaves of Absence”) (2001-present)

Community Involvement

• Victim Rights Law Center, pro bono panel attorney and award recipient