H. Andrew Matzkin

Member

vcard

(617) 348-1683 office phone

HMatzkin@mintz.com email

One Financial Center
Boston, MA 02111

Drew is a member in the firm’s Boston office, where he practices in the Employment, Labor and Benefits Section. His work primarily involves litigation and counseling on federal and state labor and employment issues, including discrimination, sexual harassment, leaves of absence, workplace health and safety, employment handbooks and contracts, and collective bargaining agreements.

Drew handles employment litigation before federal and state courts, arbitrators, and administrative agencies (including state fair employment/human rights agencies, unemployment assistance agencies, and industrial accidents agencies). Representative cases involve claims pertaining to discrimination, harassment, retaliation, wrongful discharge, wage and hour laws, trade secret protection, enforcement of noncompetition/non-solicitation agreements, and contract disputes.

He also counsels clients on a wide variety of employment issues, such as leaves of absence, independent contractor/employee classification, exempt/non-exempt worker classification, reasonable accommodation for handicapped employees, disciplining and terminating employees, investigating claims of harassment, complying with OSHA (workplace health and safety) regulations, and protecting trade secrets and confidential information. Drew regularly reviews employment handbooks and personnel policies, and drafts employment agreements and noncompetition agreements.

Drew’s courtroom experience includes, but is not limited to, the following representative cases (actual party names withheld):

National Food Wholesaler v. Local Food Wholesaler and Former Employees of National Wholesaler (2004) (successfully opposed motion for preliminary injunction filed by national food wholesaler against former employees and client/new employer).
Former Executive v. Wholly-Owned Subsidiary of National Bank. (2004) (represented bank in jury trial involving former executive’s claim for “phantom stock” in bank subsidiary).
Former Employee v. Local Food Company (2005) (represented local food company in jury trial involving allegations of harassment and discrimination; successfully dismissed 5 of 6 original counts against company).
Former Executive v. International Software Company (2005) (successfully moved to dismiss executive’s claim for unpaid wages under the Massachusetts Wage Act on basis that commissions allegedly owed to executive did not constitute “wages” under the Act).
Former Employee v. Division of Unemployment Assistance and Local Private Educational Institution (2005) (co-counsel with Division of Unemployment Assistance; successfully moved to dismiss plaintiff’s motion to reopen Division’s administrative record and affirm Divisions’ decision to deny plaintiff’s claim for unemployment benefits).
Mortgage Company v. Former Employee (2006) (successfully obtained preliminary injunction against former employee of mortgage loan company who resigned from client employer while in possession of confidential information and trade secrets).
Former Employee v. National Trucking Company (2007) (successfully moved to dismiss former employee’s claim for race and sex harassment and discrimination against interstate trucking company).
Former Executive v. Nationwide Travel Company (2007) (successfully moved to dismiss former executive’s claim for violation of M.G.L. c. 93A against national travel company, ultimately resulting in favorable case settlement).
Former Executive v. Local Software Company (2008) (on behalf of former executive, successfully moved for trustee process attachment against IP-based communications services company, ultimately resulting in favorable case settlement).
Regional Staffing Company v. Massachusetts Division of Unemployment Assistance (2010) (following full evidentiary appeal hearing, overturned Division determination of over $200,000 liability for employer contribution under Massachusetts Fair Share Contribution Law).
National Office Services Company v. Massachusetts Division of Unemployment Assistance (2011) (following full evidentiary appeal hearing, overturned Division determination of over $800,000 liability for employer contribution under Massachusetts Fair Share Contribution Law).
Former Employee v. National Law Firm (2011) (successfully obtained finding of “lack of probable cause” from MCAD, dismissing former employee’s claim for sexual harassment against national law firm).
Former Employee v. International Mobile Network Software Provider (2012) (following full evidentiary hearing, successfully moved to dismiss former employee’s claim of national origin harassment and discrimination against corporate defendant and two individual officers).

In addition to the Mintz Levin Alerts and Advisories listed under “Publications,” Drew’s written work includes:

H. Andrew Matzkin, Esq. and Paula A. Lyons, Esq., “EEOC ADAAA Regulations Significantly Expand ADA Coverage, Impacting all Employers,” Lexology - Association of Corporate Counsel, May 24 2011.
H. Andrew Matzkin, Esq., “Fired For Being a Warlock Outside of Work: Charlie Sheen And CBS – Using an Employee’s Conduct Outside Work as a Basis for Employment Action,” Law360, April 1, 2011.
H. Andrew Matzkin, Esq. and Patricia A. Moran, Esq., “Employers Must Bone up on State’s Fair Share Law,” Boston Business Journal, November 12, 2010.
Patricia A. Moran, Esq. and H. Andrew Matzkin, Esq., “Massachusetts Health Care Reform – Fair Share Contribution Audit Survival Guide,” BNA Tax Management Compensation Planning Journal, Vol. 38, No. 10, October 1, 2010.
H. Andrew Matzkin, Technical Editor, FMLA Compliance - An Overview for the HR Professional, WorldatWork Press, 2009.
H. Andrew Matzkin, “Navigating the Maze of Overlapping Leave Laws,” Northeast Human Resources Association Online Edition, June 2003.
H. Andrew Matzkin, “Employment Law Summaries,” American Bar Association Quarterly First Circuit Review, 2001-2003.
Samuel E. Feigin, Esq. and H. Andrew Matzkin, Esq., “Mandatory Arbitration of Employment Disputes: Asserting the Practical Implications and Fashioning an Effective and Enforceable Agreement,” The Metropolitan Corporate Counsel, November 2003.

His speaking engagements and media interviews include:

Featured Speaker, Eyetechs Inc. program at Bentley Conference Center, “Human Resources Bootcamp – The 10 Commandments of Massachusetts Employment Law.” (May 20, 2011).
Chair, New England Employee Benefits Council program, “Massachusetts Fair Share Contribution Enforcement Update.” (May 12, 2011).
Interviewed for the Law360 article entitled “Saint-Gobain Ruling Leaves Uncertainty For Employers.” (March 22, 2011).
Interviewed for the Law360 article entitled “Have Yourself A Merry, Lawsuit-Free Holiday Party.” (December 13, 2010).
Faculty Panelist, 9th Annual Fundamentals of Employment Law Conference, Sterling Educational Services, Inc. (November 17, 2010).
Interviewed for the Law360 article entitled “What Employers Can Learn from Juan Williams’ Firing.” (November 2, 1010).
Faculty Panelist, Boston Bar Association Legal Education program, “Labor Law Basics for Attorneys.” (November 12, 2009).
Interviewed for The National Law Journal article entitled “Everybody’s Thinking Criminal Records Check after Michael Vick.” (August 12, 2009).
Interviewed for the Workforce Management article entitled “Flexible Hours for Nonexempt Workers May Be Next on Lobbyists’ Agenda.” (August 9, 2009).
Interviewed for The National Law Journal article entitled “New Federal Law Looks Likely to Tag out Major League Baseball’s Genetic Testing.” (July 30, 2009).
Chair, Mintz Levin program “The New FMLA - An Employer’s Top 10 List for the New FMLA and Its Regulations.” (March 2009).
Chair, Massachusetts Continuing Legal Education program, “When OSHA Applies to Biotech and Healthcare Clients.” (November 2008).
Chair, Council on Education in Management seminar, “Recent Developments in Employment Law 2008.” (June 2008).

Before joining the firm, Drew was a Judicial Law Clerk at the Norfolk County Probate and Family Court. During law school, he also handled family law and disability law cases as a student attorney at both the Boston College Legal Assistance Bureau and Shelter Legal Services. His experience included arguing motions for temporary restraining orders, negotiating divorce, custody, and visitation agreements, and drafting and arguing appeals for social security disability benefits.

Drew has been recognized in 2009 and 2010 as a Massachusetts Super Lawyers “Rising Star,” in a listing published as a special supplement to Boston Magazine.

Drew is admitted to practice in the Commonwealth of Massachusetts and the U.S. District Courts for the District of Massachusetts. He was awarded his J.D., cum laude, from Boston College Law School (2000) and received his B.A., cum laude, from Bates College (1995), where he was a member of both the men's rugby and lacrosse teams.

Admissions

Massachusetts

Education

Bates College
BA
Boston College
JD

Publications

Employment, Labor & Benefits Alert: Unpaid Intern: The Unpaid Employee?
Employment, Labor & Benefits Alert: Massachusetts State Senate Recommends Passage of Bill Providing Leave to Victims of Domestic Violence
Employment, Labor & Benefits Advisory: Massachusetts Wage Act Protects Out-of-State Employees
Employment, Labor & Benefits Alert: Social Network Warning – Employers Should Use Caution in Disciplining Employees for On-line Statements
Employment, Labor & Benefits Alert: Beware of Broad Confidentiality Clauses in Employment Contracts—And the Expanding Application of the National Labor Relations Act
EEOC ADAAA Regulations Significantly Expand ADA Coverage, Impacting All Employers
Employment, Labor & Benefits Alert: EEOC ADAAA Regulations Significantly Expand ADA Coverage, Impacting all Employers
Employment, Labor & Benefits Advisory: First Circuit Case Provides Useful Guidance for Employers to Fashion Appropriate Discipline for Title VII Coworker Harassment
Employment, Labor and Benefits Advisory: EEOC Issues Final GINA Title II Regulations
Employment, Labor and Benefits Advisory: Surviving an Audit of Your Massachusetts Fair Share Contribution Practices
Massachusetts Health Care Reform - Fair Share Contribution Audit Survival Guide
Employment, Labor and Benefits Advisory: DOL to Issue New Proposed FMLA Regulations by November
Employment, Labor and Benefits Advisory: Massachusetts Inches towards Statutory Limitations on Noncompetition Agreements
Employment, Labor and Benefits Advisory: Massachusetts Federal Court Holds Franchisees To Be “Employees” of Franchisor
OSHA Advisory: D.C. Circuit Upholds OSHA's Authority to Impose Separate Penalties for Each Employee Affected by Violations of Personal Protective Equipment Standards
Employment, Labor and Benefits Alert: Recent Law Expands FMLA Coverage Relating to Military Caregiver Leave and Qualifying Exigencies
Employment, Labor and Benefits Advisory: Genetic Anti-Discrimination Law Becomes Effective on November 21, 2009 and EEOC Issues New EEO Poster
Employment and Labor Alert: The Increased Use of Social Networking Websites and the Importance of a Social Networking Policy for Your Workforce
Employment Alert: First Circuit Case Provides Cautionary Tale Regarding Potential Libel Claims
Employment Alert: New Department of Labor FMLA Regulations Effective Today
Employment Advisory: Employers Are Required to Compensate Employees for Non-Working Hours and Travel Expenses for Medical Treatment Sought under OSHA’s Bloodborne Pathogens Standard
Employment Alert: MCAD Commissioner Announces That Male Employees Are Covered by the Massachusetts Maternity Leave Act

News

Firm Directory

ML Financial Advisors LLC ML Strategies

Array ( [MainHeader] => Our People [MainImage] => http://www.mintz.com/media/pnc/0/media.1690.jpg [PrintImage] => http://www.mintz.com/media/pnc/9/media.1689.jpg [MainNarrative] =>

Drew’s courtroom experience includes, but is not limited to, the following representative cases (actual party names withheld):

National Food Wholesaler v. Local Food Wholesaler and Former Employees of National Wholesaler (2004) (successfully opposed motion for preliminary injunction filed by national food wholesaler against former employees and client/new employer).
Former Executive v. Wholly-Owned Subsidiary of National Bank. (2004) (represented bank in jury trial involving former executive’s claim for “phantom stock” in bank subsidiary).
Former Employee v. Local Food Company (2005) (represented local food company in jury trial involving allegations of harassment and discrimination; successfully dismissed 5 of 6 original counts against company).
Former Executive v. International Software Company (2005) (successfully moved to dismiss executive’s claim for unpaid wages under the Massachusetts Wage Act on basis that commissions allegedly owed to executive did not constitute “wages” under the Act).
Former Employee v. Division of Unemployment Assistance and Local Private Educational Institution (2005) (co-counsel with Division of Unemployment Assistance; successfully moved to dismiss plaintiff’s motion to reopen Division’s administrative record and affirm Divisions’ decision to deny plaintiff’s claim for unemployment benefits).
Mortgage Company v. Former Employee (2006) (successfully obtained preliminary injunction against former employee of mortgage loan company who resigned from client employer while in possession of confidential information and trade secrets).
Former Employee v. National Trucking Company (2007) (successfully moved to dismiss former employee’s claim for race and sex harassment and discrimination against interstate trucking company).
Former Executive v. Nationwide Travel Company (2007) (successfully moved to dismiss former executive’s claim for violation of M.G.L. c. 93A against national travel company, ultimately resulting in favorable case settlement).
Former Executive v. Local Software Company (2008) (on behalf of former executive, successfully moved for trustee process attachment against IP-based communications services company, ultimately resulting in favorable case settlement).
Regional Staffing Company v. Massachusetts Division of Unemployment Assistance (2010) (following full evidentiary appeal hearing, overturned Division determination of over $200,000 liability for employer contribution under Massachusetts Fair Share Contribution Law).
National Office Services Company v. Massachusetts Division of Unemployment Assistance (2011) (following full evidentiary appeal hearing, overturned Division determination of over $800,000 liability for employer contribution under Massachusetts Fair Share Contribution Law).
Former Employee v. National Law Firm (2011) (successfully obtained finding of “lack of probable cause” from MCAD, dismissing former employee’s claim for sexual harassment against national law firm).
Former Employee v. International Mobile Network Software Provider (2012) (following full evidentiary hearing, successfully moved to dismiss former employee’s claim of national origin harassment and discrimination against corporate defendant and two individual officers).

In addition to the Mintz Levin Alerts and Advisories listed under “Publications,” Drew’s written work includes:

H. Andrew Matzkin, Esq. and Paula A. Lyons, Esq., “EEOC ADAAA Regulations Significantly Expand ADA Coverage, Impacting all Employers,” Lexology - Association of Corporate Counsel, May 24 2011.
H. Andrew Matzkin, Esq., “Fired For Being a Warlock Outside of Work: Charlie Sheen And CBS – Using an Employee’s Conduct Outside Work as a Basis for Employment Action,” Law360, April 1, 2011.
H. Andrew Matzkin, Esq. and Patricia A. Moran, Esq., “Employers Must Bone up on State’s Fair Share Law,” Boston Business Journal, November 12, 2010.
Patricia A. Moran, Esq. and H. Andrew Matzkin, Esq., “Massachusetts Health Care Reform – Fair Share Contribution Audit Survival Guide,” BNA Tax Management Compensation Planning Journal, Vol. 38, No. 10, October 1, 2010.
H. Andrew Matzkin, Technical Editor, FMLA Compliance - An Overview for the HR Professional, WorldatWork Press, 2009.
H. Andrew Matzkin, “Navigating the Maze of Overlapping Leave Laws,” Northeast Human Resources Association Online Edition, June 2003.
H. Andrew Matzkin, “Employment Law Summaries,” American Bar Association Quarterly First Circuit Review, 2001-2003.
Samuel E. Feigin, Esq. and H. Andrew Matzkin, Esq., “Mandatory Arbitration of Employment Disputes: Asserting the Practical Implications and Fashioning an Effective and Enforceable Agreement,” The Metropolitan Corporate Counsel, November 2003.

His speaking engagements and media interviews include:

Featured Speaker, Eyetechs Inc. program at Bentley Conference Center, “Human Resources Bootcamp – The 10 Commandments of Massachusetts Employment Law.” (May 20, 2011).
Chair, New England Employee Benefits Council program, “Massachusetts Fair Share Contribution Enforcement Update.” (May 12, 2011).
Interviewed for the Law360 article entitled “Saint-Gobain Ruling Leaves Uncertainty For Employers.” (March 22, 2011).
Interviewed for the Law360 article entitled “Have Yourself A Merry, Lawsuit-Free Holiday Party.” (December 13, 2010).
Faculty Panelist, 9th Annual Fundamentals of Employment Law Conference, Sterling Educational Services, Inc. (November 17, 2010).
Interviewed for the Law360 article entitled “What Employers Can Learn from Juan Williams’ Firing.” (November 2, 1010).
Faculty Panelist, Boston Bar Association Legal Education program, “Labor Law Basics for Attorneys.” (November 12, 2009).
Interviewed for The National Law Journal article entitled “Everybody’s Thinking Criminal Records Check after Michael Vick.” (August 12, 2009).
Interviewed for the Workforce Management article entitled “Flexible Hours for Nonexempt Workers May Be Next on Lobbyists’ Agenda.” (August 9, 2009).
Interviewed for The National Law Journal article entitled “New Federal Law Looks Likely to Tag out Major League Baseball’s Genetic Testing.” (July 30, 2009).
Chair, Mintz Levin program “The New FMLA - An Employer’s Top 10 List for the New FMLA and Its Regulations.” (March 2009).
Chair, Massachusetts Continuing Legal Education program, “When OSHA Applies to Biotech and Healthcare Clients.” (November 2008).
Chair, Council on Education in Management seminar, “Recent Developments in Employment Law 2008.” (June 2008).

Drew has been recognized in 2009 and 2010 as a Massachusetts Super Lawyers “Rising Star,” in a listing published as a special supplement to Boston Magazine.