Hillary J.Massey
Senior Counsel
Labor & Employment
hmassey@seyfarth.com
Hillary defends employers nationwide against complex wage-and-hour class actions and counsels employers on compliance with laws governing employee pay and other issues.
More About Hillary
Employers must understand and comply with complicated state and federal wage-and-hour laws. The risks are high, as litigation is often conducted on a collective and class action basis. In Massachusetts, employers face triple damages, as well. Hillary counsels clients about compliance, updates them about new laws, helps them avoid litigation, and defends employers against large (often nationwide) class actions in state and federal court.
Hillary focuses a significant share of her litigation practice on the defense of complex wage and hour claims, including collective actions under the federal Fair Labor Standards Act and class claims under the laws of Massachusetts and other states. She has extensive experience defending against allegations of exempt employee misclassification, independent contractor misclassification and off-the-clock work, including early-stage motion practice, class action certification and summary judgment.
Hillary's extensive work in counseling and litigation allows her to respond quickly, and provide options for her clients' consideration. She began her career with two clerkships at the trial and appellate level, then worked in general litigation for three years, followed by three years of intensive employment counseling work. During that period, Hillary worked closely with human resources partners and in-house counsel to address the unique employment law questions that arise on a daily basis. She now blends that experience into a mix of counseling and litigation defense.
Hillary simplifies complex legal and procedural matters to provide level-headed analysis and sound advice. She is naturally optimistic and persistent, which helps during difficult litigation.
Hillary served in both the Peace Corps and Army Reserve. Her breadth of real-world experience gives her a practical and creative perspective that employers appreciate.
Hillary enjoys minimizing the legal challenges and compliance risks employers face, so they can focus on growing their business and achieving their goals. She enjoys working with passionate people, both clients and Seyfarth colleagues, to solve problems efficiently and creatively.
Hillary focuses a significant share of her litigation practice on the defense of complex wage and hour claims, including collective actions under the federal Fair Labor Standards Act and class claims under the laws of Massachusetts and other states. She has extensive experience defending against allegations of exempt employee misclassification, independent contractor misclassification and off-the-clock work, including early-stage motion practice, class action certification and summary judgment.
Hillary's extensive work in counseling and litigation allows her to respond quickly, and provide options for her clients' consideration. She began her career with two clerkships at the trial and appellate level, then worked in general litigation for three years, followed by three years of intensive employment counseling work. During that period, Hillary worked closely with human resources partners and in-house counsel to address the unique employment law questions that arise on a daily basis. She now blends that experience into a mix of counseling and litigation defense.
Hillary simplifies complex legal and procedural matters to provide level-headed analysis and sound advice. She is naturally optimistic and persistent, which helps during difficult litigation.
Hillary served in both the Peace Corps and Army Reserve. Her breadth of real-world experience gives her a practical and creative perspective that employers appreciate.
Hillary enjoys minimizing the legal challenges and compliance risks employers face, so they can focus on growing their business and achieving their goals. She enjoys working with passionate people, both clients and Seyfarth colleagues, to solve problems efficiently and creatively.
- JD, Boston College Law School
Magna cum laude
Boston College Law Review, articles editor - BS, Tufts University
Cum laude
- Maine
- Massachusetts
- New Hampshire
- US District Court, District of Connecticut
- US District Court, District of Maine
- US District Court, District of Massachusetts
- US District Court, District of New Hampshire
Related Services
- Obtained a ruling from the U.S. District Court for the Southern District of New York limiting the conditional certification of a Fair Labor Standards Act collective to residents of New York and rejecting plaintiffs’ bid for a nationwide collective based on limitations on the personal jurisdiction of the federal courts over out-of-state employers.
- Won summary judgment on all claims in the U.S. District Court for the District of Massachusetts applying outside sales exemption to FLSA and state law overtime claims brought by Brand Representatives who sell products inside warehouse and big-box stores operated by other retailers.
- Defeated conditional certification of national FLSA collective action claim and certification of Rule 23 state law claims in U.S. District Court for the Northern District of Oklahoma brought by medical transcription employees based on alleged dilution of hourly wage caused by unproductive breaks taken by piece-rate workers, in addition to claims relating to administration of bonus program.
- Obtained a ruling from the District of Massachusetts on a motion to dismiss, holding that plaintiff’s claim for long-term disability benefits as damages in his independent contractor misclassification suit under Massachusetts law was preempted by federal law.
- Defended a large construction company in FLSA collective action and putative class action in the District of Massachusetts alleging unpaid off-the-clock work and overtime claims. The case was resolved on favorable terms after the court granted defendant's motion for summary judgment on key claims.
- Conducted US-wide pay equity audits for several large financial services companies.
- Defended national retailer in FLSA exempt misclassification collective actions in several federal courts. The cases were resolved on favorable terms after the depositions of plaintiffs revealed weakness in plaintiffs' claims.
Related News & Insights
-
Webinar Recording
Apr 20, 2023
Micro-Webinar Series: Hot Topics in Employment Law for Massachusetts Health Care Organizations
-
Attorney Publication
May 24, 2022
Now Available! Mass-Peculiarities: An Employer’s Guide to Wage & Hour Law in the Bay State
-
Recognition
Aug 19, 2021
Seyfarth Attorneys Named in The Best Lawyers in America 2022
-
Legal Update
Jul 8, 2021
Massachusetts Proposed Pay Scale Legislation
- Recognized as a "Ones to Watch" lawyer by Best Lawyers in America (Woodward/White Inc.) for Labor and Employment Law - Management (2022, 2024)
- Super Lawyers, Massachusetts Rising Star (2015-2016)
- Co-Author, Mass-Peculiarities: An Employer’s Guide to Wage & Hour Law in the Bay State, 2022 Edition, Seyfarth Shaw LLP (2022)
- Co-Author, "Massachusetts Proposed Pay Scale Legislation," Legal Update, Seyfarth Shaw LLP (July 8, 2021)
- Co-Author, Mass-Peculiarities: An Employer’s Guide to Wage & Hour Law in the Bay State, 4th Edition, Seyfarth Shaw LLP (June 19, 2019)
- Co-Author, "How Employers Can Use Regression Analyses In Their Favor In Pay Equity Cases," Employment Law Lookout Blog, Seyfarth Shaw LLP (May 21, 2019)
- Co-Author, "Maine Passes Salary History Ban and Wage Transparency Law on Equal Pay Day, Expected to Be Signed By Governor," Management Alert, Seyfarth Shaw LLP (April 10, 2019)
- Co-Author, Employers' Guide to Massachusetts Wage & Hour Law, Seyfarth Shaw LLP (January 30, 2019)
- Co-Author, “MEPA is coming: an overview of the audit process,” New England In-House (February 26, 2018)
- Co-Author, “Equal Pay Day 2017: Introducing Seyfarth’s 50-State Pay Equity Desktop Reference,” Employment Law Lookout Blog, Seyfarth Shaw LLP (April 4, 2017)
- Co-Author, Massachusetts Peculiarities: An Employer’s Guide to Wage & Hour Law in the Bay State, 3rd Edition, Seyfarth Shaw LLP (April 1, 2017)
- “Five Wage and Hour Questions: What’s “In Store” For 2017?,” Management Alert, Seyfarth Shaw LLP (March 7, 2017)
- Co-Author, “Massachusetts Governor Signs Stringent Pay Equity Requirements, Effective in 2018,” One Minute Memo, Seyfarth Shaw LLP (August 1, 2016)
- Co-Author, "Massachusetts House Passes Pay Equity Bill; Final Law Expected Soon," Management Alert, Seyfarth Shaw LLP (July 19, 2016)
- "Harassment By Third Parties Can Create Exposure For Employers," Massachusetts Lawyers Weekly (November 2014)
- "As 'ACA' Kicks In, Some Mass. Requirements Survive," New England In-House (June 2014)
- "NLRB: Employers May Not Require Confidentiality In All Internal Investigations," NAMWOLF (March 2014)
- Co-Author, "Despite Rulings, NLRB Expected To Bar Class-Action Waivers," New England In-House (February 2014)
- Co-Author, "Health Care Law Compliance Requires Immediate Attention," New England In-House (February 2013)
- "Civil Appellate Advocacy: Effective Use of the Standards of Review," Maine Bar Journal (July 2012)
- "Accounting for Federalism in State Courts: Exclusion of Evidence Lawfully Obtained by Federal Agents," Colorado Law Review, 79 U. Colo. L. Rev. 381 (Spring 2008)
- "FLSA Settlement Approvals: Trends, Developments and Strategies," Seyfarth Shaw LLP, National Wage and Hour Litigation Practice Group Meeting (September 21, 2022)
- "Social Media Solicitation of Putative Plaintiffs," National Wage and Hour Litigation Practice Group Meeting, Seyfarth Shaw LLP (June 26, 2019)
- "Getting Ready for MEPA: A Workshop on Pay Equity Analyses," Client Workshop, presented by Seyfarth Shaw LLP, Boston, MA (January 25, 2018)
- "Navigating Salary History Bans From Coast to Coast," Webinar, presented by Seyfarth Shaw LLP (October 25, 2017)
- "EEO-1 Update: Preparing Now for EEOC’s New Pay Reporting Requirement," Webinar, presented by Seyfarth Shaw LLP (October 11, 2016)
- "Massachusetts' New Pay Equity Law: Breaking Down the Most Stringent Pay Equity Law in the Country," Webinar, presented by Seyfarth Shaw LLP (August 10, 2016)
- "Bench Meets Bar: Discovery Issues In Employment Cases," Boston Bar Association (May 2014)
"Hillary provided just the right touch to get us through this stressful time." —Client feedback
"I have never had an hour and half meeting be so engaging." —HR professional who retained Hillary for training
"I was incredibly impressed by the presentation, spoke with ease on the subject, made it inherently understandable—could have listened to Hillary all day." —HR professional on Hillary's pay equity presentation
Hillary defends employers nationwide against complex wage-and-hour class actions and counsels employers on compliance with laws governing employee pay and other issues.
More About Hillary
Employers must understand and comply with complicated state and federal wage-and-hour laws. The risks are high, as litigation is often conducted on a collective and class action basis. In Massachusetts, employers face triple damages, as well. Hillary counsels clients about compliance, updates them about new laws, helps them avoid litigation, and defends employers against large (often nationwide) class actions in state and federal court.
Hillary focuses a significant share of her litigation practice on the defense of complex wage and hour claims, including collective actions under the federal Fair Labor Standards Act and class claims under the laws of Massachusetts and other states. She has extensive experience defending against allegations of exempt employee misclassification, independent contractor misclassification and off-the-clock work, including early-stage motion practice, class action certification and summary judgment.
Hillary's extensive work in counseling and litigation allows her to respond quickly, and provide options for her clients' consideration. She began her career with two clerkships at the trial and appellate level, then worked in general litigation for three years, followed by three years of intensive employment counseling work. During that period, Hillary worked closely with human resources partners and in-house counsel to address the unique employment law questions that arise on a daily basis. She now blends that experience into a mix of counseling and litigation defense.
Hillary simplifies complex legal and procedural matters to provide level-headed analysis and sound advice. She is naturally optimistic and persistent, which helps during difficult litigation.
Hillary served in both the Peace Corps and Army Reserve. Her breadth of real-world experience gives her a practical and creative perspective that employers appreciate.
Hillary enjoys minimizing the legal challenges and compliance risks employers face, so they can focus on growing their business and achieving their goals. She enjoys working with passionate people, both clients and Seyfarth colleagues, to solve problems efficiently and creatively.
Hillary focuses a significant share of her litigation practice on the defense of complex wage and hour claims, including collective actions under the federal Fair Labor Standards Act and class claims under the laws of Massachusetts and other states. She has extensive experience defending against allegations of exempt employee misclassification, independent contractor misclassification and off-the-clock work, including early-stage motion practice, class action certification and summary judgment.
Hillary's extensive work in counseling and litigation allows her to respond quickly, and provide options for her clients' consideration. She began her career with two clerkships at the trial and appellate level, then worked in general litigation for three years, followed by three years of intensive employment counseling work. During that period, Hillary worked closely with human resources partners and in-house counsel to address the unique employment law questions that arise on a daily basis. She now blends that experience into a mix of counseling and litigation defense.
Hillary simplifies complex legal and procedural matters to provide level-headed analysis and sound advice. She is naturally optimistic and persistent, which helps during difficult litigation.
Hillary served in both the Peace Corps and Army Reserve. Her breadth of real-world experience gives her a practical and creative perspective that employers appreciate.
Hillary enjoys minimizing the legal challenges and compliance risks employers face, so they can focus on growing their business and achieving their goals. She enjoys working with passionate people, both clients and Seyfarth colleagues, to solve problems efficiently and creatively.
- JD, Boston College Law School
Magna cum laude
Boston College Law Review, articles editor - BS, Tufts University
Cum laude
- Maine
- Massachusetts
- New Hampshire
- US District Court, District of Connecticut
- US District Court, District of Maine
- US District Court, District of Massachusetts
- US District Court, District of New Hampshire
Related Services
- Obtained a ruling from the U.S. District Court for the Southern District of New York limiting the conditional certification of a Fair Labor Standards Act collective to residents of New York and rejecting plaintiffs’ bid for a nationwide collective based on limitations on the personal jurisdiction of the federal courts over out-of-state employers.
- Won summary judgment on all claims in the U.S. District Court for the District of Massachusetts applying outside sales exemption to FLSA and state law overtime claims brought by Brand Representatives who sell products inside warehouse and big-box stores operated by other retailers.
- Defeated conditional certification of national FLSA collective action claim and certification of Rule 23 state law claims in U.S. District Court for the Northern District of Oklahoma brought by medical transcription employees based on alleged dilution of hourly wage caused by unproductive breaks taken by piece-rate workers, in addition to claims relating to administration of bonus program.
- Obtained a ruling from the District of Massachusetts on a motion to dismiss, holding that plaintiff’s claim for long-term disability benefits as damages in his independent contractor misclassification suit under Massachusetts law was preempted by federal law.
- Defended a large construction company in FLSA collective action and putative class action in the District of Massachusetts alleging unpaid off-the-clock work and overtime claims. The case was resolved on favorable terms after the court granted defendant's motion for summary judgment on key claims.
- Conducted US-wide pay equity audits for several large financial services companies.
- Defended national retailer in FLSA exempt misclassification collective actions in several federal courts. The cases were resolved on favorable terms after the depositions of plaintiffs revealed weakness in plaintiffs' claims.
Related News & Insights
-
Webinar Recording
Apr 20, 2023
Micro-Webinar Series: Hot Topics in Employment Law for Massachusetts Health Care Organizations
-
Attorney Publication
May 24, 2022
Now Available! Mass-Peculiarities: An Employer’s Guide to Wage & Hour Law in the Bay State
-
Recognition
Aug 19, 2021
Seyfarth Attorneys Named in The Best Lawyers in America 2022
-
Legal Update
Jul 8, 2021
Massachusetts Proposed Pay Scale Legislation
- Recognized as a "Ones to Watch" lawyer by Best Lawyers in America (Woodward/White Inc.) for Labor and Employment Law - Management (2022, 2024)
- Super Lawyers, Massachusetts Rising Star (2015-2016)
- Co-Author, Mass-Peculiarities: An Employer’s Guide to Wage & Hour Law in the Bay State, 2022 Edition, Seyfarth Shaw LLP (2022)
- Co-Author, "Massachusetts Proposed Pay Scale Legislation," Legal Update, Seyfarth Shaw LLP (July 8, 2021)
- Co-Author, Mass-Peculiarities: An Employer’s Guide to Wage & Hour Law in the Bay State, 4th Edition, Seyfarth Shaw LLP (June 19, 2019)
- Co-Author, "How Employers Can Use Regression Analyses In Their Favor In Pay Equity Cases," Employment Law Lookout Blog, Seyfarth Shaw LLP (May 21, 2019)
- Co-Author, "Maine Passes Salary History Ban and Wage Transparency Law on Equal Pay Day, Expected to Be Signed By Governor," Management Alert, Seyfarth Shaw LLP (April 10, 2019)
- Co-Author, Employers' Guide to Massachusetts Wage & Hour Law, Seyfarth Shaw LLP (January 30, 2019)
- Co-Author, “MEPA is coming: an overview of the audit process,” New England In-House (February 26, 2018)
- Co-Author, “Equal Pay Day 2017: Introducing Seyfarth’s 50-State Pay Equity Desktop Reference,” Employment Law Lookout Blog, Seyfarth Shaw LLP (April 4, 2017)
- Co-Author, Massachusetts Peculiarities: An Employer’s Guide to Wage & Hour Law in the Bay State, 3rd Edition, Seyfarth Shaw LLP (April 1, 2017)
- “Five Wage and Hour Questions: What’s “In Store” For 2017?,” Management Alert, Seyfarth Shaw LLP (March 7, 2017)
- Co-Author, “Massachusetts Governor Signs Stringent Pay Equity Requirements, Effective in 2018,” One Minute Memo, Seyfarth Shaw LLP (August 1, 2016)
- Co-Author, "Massachusetts House Passes Pay Equity Bill; Final Law Expected Soon," Management Alert, Seyfarth Shaw LLP (July 19, 2016)
- "Harassment By Third Parties Can Create Exposure For Employers," Massachusetts Lawyers Weekly (November 2014)
- "As 'ACA' Kicks In, Some Mass. Requirements Survive," New England In-House (June 2014)
- "NLRB: Employers May Not Require Confidentiality In All Internal Investigations," NAMWOLF (March 2014)
- Co-Author, "Despite Rulings, NLRB Expected To Bar Class-Action Waivers," New England In-House (February 2014)
- Co-Author, "Health Care Law Compliance Requires Immediate Attention," New England In-House (February 2013)
- "Civil Appellate Advocacy: Effective Use of the Standards of Review," Maine Bar Journal (July 2012)
- "Accounting for Federalism in State Courts: Exclusion of Evidence Lawfully Obtained by Federal Agents," Colorado Law Review, 79 U. Colo. L. Rev. 381 (Spring 2008)
- "FLSA Settlement Approvals: Trends, Developments and Strategies," Seyfarth Shaw LLP, National Wage and Hour Litigation Practice Group Meeting (September 21, 2022)
- "Social Media Solicitation of Putative Plaintiffs," National Wage and Hour Litigation Practice Group Meeting, Seyfarth Shaw LLP (June 26, 2019)
- "Getting Ready for MEPA: A Workshop on Pay Equity Analyses," Client Workshop, presented by Seyfarth Shaw LLP, Boston, MA (January 25, 2018)
- "Navigating Salary History Bans From Coast to Coast," Webinar, presented by Seyfarth Shaw LLP (October 25, 2017)
- "EEO-1 Update: Preparing Now for EEOC’s New Pay Reporting Requirement," Webinar, presented by Seyfarth Shaw LLP (October 11, 2016)
- "Massachusetts' New Pay Equity Law: Breaking Down the Most Stringent Pay Equity Law in the Country," Webinar, presented by Seyfarth Shaw LLP (August 10, 2016)
- "Bench Meets Bar: Discovery Issues In Employment Cases," Boston Bar Association (May 2014)
"Hillary provided just the right touch to get us through this stressful time." —Client feedback
"I have never had an hour and half meeting be so engaging." —HR professional who retained Hillary for training
"I was incredibly impressed by the presentation, spoke with ease on the subject, made it inherently understandable—could have listened to Hillary all day." —HR professional on Hillary's pay equity presentation