Affiliations

• American Bar Association (Labor & Employment Law Section, Employee Rights and Responsibilities Committee, Past Co-Chair of Class Action and Complex Litigation Subcommittee)
• American Employment Law Council
• Boston Area Management Attorneys Group (Founder) (1995-present)
• College of Labor and Employment Lawyers (Chair, First Circuit Credentials Committee)
• Hearing Officer, Board of Bar Overseers (1990-1996)
• Massachusetts Bar Association (Labor Law & Employment Section Council, Past Chair)

Representative Engagements

Representative Wage & Hour Cases

• ZC Management LLC (Canyon Ranch) adv. Wood, et al.,(D. Mass) (Rule 23 class action removed to federal court alleging violations of the Massachusetts “Tip Statute” and Payment of Wages Law)
• Fidelity Employer Services Corp. adv. Trezvant, et al., 434 F. Supp. 2d 40 (D. Mass. 2006) (minimizing the size of the putative class in a misclassification case brought under the FLSA and state law against a national financial services firm, which resulted in a very small number of opt-in plaintiffs, the decertification of the class, and the dismissal of a pendant state law claim)
• Robert Half Int’l adv. O’Donnell, et al., ___ F. Supp. 2d ___, 2008 WL 1923001 (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)
• Kelly Services, Inc., FedEX, Adecco USA, Inc. adv. Richard Tidd, et al. (D. Mass 2007) (nationwide class action in which temporary delivery/pickup drivers claimed they had not been paid overtime for time worked over 40 hours)
• NVR, Inc. adv. Bartnikowski, et al., Case No. 07-CV-00768-JAB-PTS (M.D. NC) (defense of overtime pay claims asserted on behalf of real estate Sales and Marketing Representatives under North Carolina timely payment of wages statute)
• NVR, Inc. adv. Gebhardt, et al., Case No. 07-4456 (D. NJ) (defense of overtime pay claims asserted on behalf of real estate Sales and Marketing Representatives under the laws of 8 states, including New Jersey)
• NVR, Inc. adv. Geers, et al., Case No. A0706350 (Ct. Com. Pl. Hamilton County, Ohio) (defense of overtime pay claims asserted on behalf of real estate Sales and Marketing Representatives under Ohio law)
• NVR, Inc. adv. Graves, et al., Case No. GD 07-15569 (Ct. Com. Pl. Allegheny County, PA) (defense of overtime pay claims asserted on behalf of real estate Sales and Marketing Representatives under Pennsylvania law)
• NVR, Inc. adv. Hart, et al., Case No. 07-cv-02744-RWT (D. MD) (defense of overtime pay claims asserted on behalf of real estate Sales and Marketing Representatives under Maryland law)
• NVR, Inc. adv. Tracy et al., Case No. 04-06541 DGL(P) (WDNY) (defense of overtime pay claims asserted on behalf of real estate Sales and Marketing Representatives under federal and New York law)
• Walgreen Eastern Co. adv. Verdone, et al., Case No. 06-01613 (Norfolk County Superior Court) (defense of claims brought on behalf of assistant managers for premium pay under the Massachusetts Blue Laws for work performed on Sundays and statutory holidays)
• Walgreen Eastern Co. adv. Robbins, et al., Case No. 07-01550 (Norfolk County Superior Court) (defense of claims brought on behalf of hourly pharmacists for premium pay under the Massachusetts Blue Laws for work performed on Sundays and statutory holidays)
• Hewitt Associates LLC adv. Herring, et al., Case No. 3:06-CV-267 (GEB)(TJB) (D. NJ) (defense of overtime pay claims asserted on behalf of benefits analysts under federal law)
• Seng v. Hewitt Associates, LLC, Civil Action No. H-06-3262 (U.S. District Court, Southern District of Texas) (opposing a state-wide collective action in which benefits, human resource, and payroll specialists have alleged that they should have been classified as non-exempt)
• Safety-Kleen Systems, Inc. adv. Johnson, et al., Case No. 06-81300-CIV (S.D., FL) (defense of trucking firm in federal collective action claiming misclassification of employees following amendment of Motor Carrier Act exemption)
• Whirlpool Corporation and Maytag Corporation adv. Khait, et al., Case No. 1:06-CV-0368 (E.D. NY) (defense of home appliance manufacturer for national collective action and “off-the-clock” claims involving service technicians)
• AT&T Mobility LLC f/k/a Cingular Wireless LLC adv. Maragh, et al., Case No. 07-CV-30210 MAP (D. Mass.) (defense of wireless telecommunications company in nationwide FLSA overtime pay action)

Representative Other Cases

• Astra USA, Inc. adv. EEOC, 94 F.3d 738 (1st Cir. 1996) (litigation over enforceability of charge waiver clauses in settlement agreements in context of pattern or practice sexual harassment claims)
• New England Business Service, Inc. adv. Perry, 347 F.3d 343 (1st Cir. 2003) (defense of ERISA claim for health benefits)
• Massachusetts Health Research Institute, Inc. adv. Ward, 209 F.3d 29 (1st Cir. 2000) (defense of disability discrimination case)
• Astra USA, et al. adv. Dorn, et al., 975 F. Supp. 388 (D. Mass. 1997) (dismissal of multi-plaintiff sexual harassment claims)
• Board of Directors of Massachusetts Housing and Finance Agency adv. MacDonough, 28 Mass.App.Ct. 538 (1990)
• Delta Air Lines, Inc. adv. Blais, (D. Mass. 01-11282-MEL) (summary judgment in sex and age discrimination claims)
• Lehman Bros. adv. Opus Investment Management, Inc., Worcester Superior Court (C.A. No. 03-1253A) (defense of aiding and abetting breach of fiduciary duty in claimed “lift-out”)
• 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)
• The MITRE Corporation adv. Campbell, (D. Mass. 98-11768-RWZ) (defense of Equal Pay Act and sex discrimination claims)
• The MITRE Corporation adv. Guertin, Middlesex Superior Court (C.A. No. 97-01202-J) (defense of disability discrimination claims by profoundly deaf physicist)
• Astra USA, Inc. adv. Williams et al., 68 F. Supp. 2d 29 (D. Mass. 1999) (defense of claims alleging a hostile work environment under Title VII of the Civil Rights Act of 1964 on behalf of a major pharmaceutical company)

Presentations

• Pirates of the Corporation: Lift Outs and Corporate Raids, ABA Section of Labor & Employment Law, Employment Rights and Responsibilities Committee Mid-Winter Meeting (2008)
• Cutting Edge Issues in Labor and Employment Law, ABA Section of Labor & Employment Law, Employee Rights and Responsibilities Mid-Winter Meeting (2007)
• Settlement Strategies in Class, Collective or Pattern and Practice Cases, ABA Section of Labor & Employment Law, Management Co-Chair (2005)
• Who Are All of These Plaintiffs??? Class Actions: Collective Actions vs. Rule 23 Actions, ABA Section of Labor & Employment Law, Moderator (2004)
• Employment Litigation Skills Training, ABA Section of Labor & Employment Law, Management Co-Chair (2003)
• Supreme Court and Supreme Judicial Court Review, MCLE Program (2004)
• U.S. Supreme Court and Supreme Judicial Court Year in Review 2002-2003: Employment Law, MCLE Program, Management Co-Chair (2003)
• More Than Rule 23: Successfully Defending Employment Law Class Actions, ABA Section of Labor & Employment Law, Employment Rights & Responsibilities Committee Mid-Winter Meeting (2002)
• U.S. Supreme Court Year in Review: Employment Law (Cases Decided in the 2002 Term), MCLE Program (2002)
• Mitigating Measures After the Sutton Trilogy, ABA Section of Labor & Employment Law, Employment Rights & Responsibilities Committee Mid-Winter Meeting (2002)
• The Vanishing Employee and Accommodating the Disabled Worker, Massachusetts Biotech Council Presentation (1999)

Recognitions

• Chambers & Partners, Chambers USA: America’s Leading Business Lawyers; ranked First Tier, Massachusetts Management Employment Lawyers (2003-2008)
• Fellow, College of Labor and Employment Lawyers (Class of 2000 Inductee)
• Global Counsel Handbook - Labour and Employee Benefits (2004 - 2005 Highly Recommended, 2005 - 2006 Leading)
• Massachusetts Super Lawyer (2004-2007)

Community Involvement

• Massachusetts Democratic State Committee, Elected Member (2000-2005)
• School Committee, Elected Member, Newton, Massachusetts (1994-1996, 1996-1998, 1998-2000)