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H. Andrew Matzkin

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Education

  • Boston College (JD, 2000)
  • Bates College (BA, 1995)

Bar Admissions

  • Massachusetts

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. He has also defended employers against wage and hour class actions brought under the Fair Labor Standards Act (FLSA) and state wage and hour laws.

Drew handles employment litigation before federal and state courts, arbitrators, and administrative agencies, including state fair employment and 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/nonsolicitation 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/nonexempt worker classification, reasonable accommodation for handicapped employees, disciplining and terminating employees, investigating claims of harassment, and protecting trade secrets and confidential information. Drew regularly reviews employment handbooks and personnel policies, and drafts employment agreements and noncompetition agreements.

In addition, Drew regularly counsels employers regarding all aspects of environmental health and safety; Drew has conducted numerous OSHA site inspections and compliance audits, has handled numerous OSHA investigations, complaints and administrative law actions, and regularly counsels clients on OSHA issues ranging from routine compliance workplace injuries to fatalities.

Representative Matters

  • National Food Wholesaler v. Local Food Wholesaler and Former Employees of National Wholesaler (2004): Successfully opposed a motion for preliminary injunction filed by a national food wholesaler against former employees and client/new employer.
  • Former Executive v. Wholly Owned Subsidiary of National Bank (2004): Represented a bank in a jury trial involving a former executive’s claim for “phantom stock” in the bank's subsidiary.
  • Former Employee v. Local Food Company (2005): Represented a local food company in a jury trial involving allegations of harassment and discrimination; successfully dismissed 5 of 6 original counts against the company.
  • Former Executive v. International Software Company (2005): Successfully moved to dismiss the executive’s claim for unpaid wages under the Massachusetts Wage Act on basis that commissions allegedly owed to the 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 the plaintiff’s motion to reopen the Division’s administrative record and affirm the Division's decision to deny the plaintiff’s claim for unemployment benefits.
  • Mortgage Company v. Former Employee (2006): Successfully obtained a preliminary injunction against a former employee of a 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 a former employee’s claim for race and sex harassment and discrimination against an interstate trucking company.
  • Former Executive v. Nationwide Travel Company (2007): Successfully moved to dismiss a former executive’s claim for violation of M.G.L. c. 93A against a national travel company, ultimately resulting in a favorable case settlement.
  • Former Executive v. Local Software Company (2008): On behalf of a former executive, successfully moved for trustee process attachment against an IP-based communications services company, ultimately resulting in a favorable case settlement.
  • Regional Staffing Company v. Massachusetts Division of Unemployment Assistance (2010): Following a full evidentiary appeal hearing, overturned the Division determination of over $200,000 liability for employer contribution under the Massachusetts Fair Share Contribution Law.
  • National Office Services Company v. Massachusetts Division of Unemployment Assistance (2011): Following a full evidentiary appeal hearing, overturned the 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 a finding of “lack of probable cause” from MCAD, dismissing a former employee’s claim for sexual harassment against a national law firm.
  • Former Employee v. International Mobile Network Software Provider (2012): Following a full evidentiary hearing, successfully moved to dismiss a former employee’s claim of national origin harassment and discrimination against a corporate defendant and two individual officers.
  • Former Employer v. National Technology Management Company (2013) (following full evidentiary hearing, successfully opposed and dismissed case against former employee and new employer for breach of non-competition covenant, based on emerging “material change” doctrine under Massachusetts law).
  • Former Employee v. International Mobile Network Software Provider (2013) (following oral argument before Massachusetts Court of Appeals, successfully reaffirmed lower court dismissal of former employee’s claim of national origin harassment and discrimination against corporate defendant and two individual officers).
  • National Transportation Company v. Employee (2013)  (following hearing, successfully obtained court order ruling that claims under the Massachusetts Wiretap Act are not pre-empted by the National Labor Relations Act, and prohibiting employee from using or disseminating recording of supervisor comments in violation of the Massachusetts Wiretap Act).
  • National Restaurant Chain v. Massachusetts Division of Unemployment Assistance (2014) (following full evidentiary appeal hearing and oral argument, court granted extraordinary relief of overturning agency determination of liability against employer, and remanding matter to agency for further review pursuant to court order).

Recognitions & Awards

  • Massachusetts Super Lawyers: Rising Star – Employment & Labor (2009 – 2013)

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 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.

 

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