Drew’s 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 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 and nonsolicitation agreements, and contract disputes.
He also counsels clients on a wide variety of employment issues, such as leaves of absence, independent contractor and employee classification, exempt and nonexempt worker classification, background checks and pre-employment inquiries under the FCRA and state analogs, 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.
Before joining the firm, Drew was a judicial law clerk at the Norfolk County Probate and Family Court. During law school, he 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.
As an undergrad, he was a member of both the men’s rugby and lacrosse teams.
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.
Recognitions & Awards
- Massachusetts Super Lawyers: Rising Star – Employment & Labor (2009 – 2012)
Drew’s 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 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 and nonsolicitation agreements, and contract disputes.
He also counsels clients on a wide variety of employment issues, such as leaves of absence, independent contractor and employee classification, exempt and nonexempt worker classification, background checks and pre-employment inquiries under the FCRA and state analogs, 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.
Before joining the firm, Drew was a judicial law clerk at the Norfolk County Probate and Family Court. During law school, he 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.
As an undergrad, he was a member of both the men’s rugby and lacrosse teams.
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.
Recognitions & Awards
- Massachusetts Super Lawyers: Rising Star – Employment & Labor (2009 – 2012)
Publications
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Author,
Massachusetts Health Care Reform Fair Share Law Amended by Economic Development Bill, Employment, Labor & Benefits Advisory ()
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Co-author,
Massachusetts Health Care Reform: Why Non-Bay State Companies Should Care, Workforce Management ()
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Co-author,
New Massachusetts Health Care Reform Law Makes Important Changes to the “Fair Share Contribution” Rules Affecting Employer-Sponsored Group Health Plans, Employment, Labor & Benefits Advisory ()
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Co-author,
Unpaid Intern: The Unpaid Employee?, Employment, Labor & Benefits Alert ()
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Co-author,
Massachusetts State Senate Recommends Passage of Bill Providing Leave to Victims of Domestic Violence, Employment, Labor & Benefits Alert ()
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Co-author,
Massachusetts Wage Act Protects Out-of-State Employees, Employment, Labor & Benefits Advisory ()
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Co-author,
Social Network Warning – Employers Should Use Caution in Disciplining Employees for On-line Statements, Employment, Labor & Benefits Alert ()
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Co-author,
Beware of Broad Confidentiality Clauses in Employment Contracts—And the Expanding Application of the National Labor Relations Act, Employment, Labor & Benefits Alert ()
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Co-author,
EEOC ADAAA Regulations Significantly Expand ADA Coverage, Impacting All Employers, Bloomberg Law Reports: Labor & Employment ()
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Co-author,
EEOC ADAAA Regulations Significantly Expand ADA Coverage, Impacting all Employers, Employment, Labor & Benefits Alert ()
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Co-author,
EEOC ADAAA Regulations Significantly Expand ADA Coverage, Impacting all Employers, Lexology - Association of Corporate Counsel ()
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Co-author,
First Circuit Case Provides Useful Guidance for Employers to Fashion Appropriate Discipline for Title VII Coworker Harassment, Employment, Labor & Benefits Advisory ()
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Author,
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 ()
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Author,
EEOC Issues Final GINA Title II Regulations, Employment, Labor & Benefits Advisory ()
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Co-author,
Employers Must Bone Up on State’s Fair Share Law, Boston Business Journal ()
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Co-author,
Surviving an Audit of Your Massachusetts Fair Share Contribution Practices, Employment, Labor & Benefits Advisory ()
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Co-author,
Massachusetts Health Care Reform - Fair Share Contribution Audit Survival Guide, Tax Management Compensation Planning Journal ()
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Co-author,
DOL to Issue New Proposed FMLA Regulations by November, Employment, Labor & Benefits Advisory ()
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Co-author,
Massachusetts Inches towards Statutory Limitations on Noncompetition Agreements, Employment, Labor & Benefits Advisory ()
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Co-author,
Massachusetts Federal Court Holds Franchisees To Be “Employees” of Franchisor, Employment, Labor & Benefits Advisory ()
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Co-author,
D.C. Circuit Upholds OSHA's Authority to Impose Separate Penalties for Each Employee Affected by Violations of Personal Protective Equipment Standards, OSHA Advisory ()
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Co-author,
Recent Law Expands FMLA Coverage Relating to Military Caregiver Leave and Qualifying Exigencies, Employment, Labor & Benefits Alert ()
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Co-author,
Genetic Anti-Discrimination Law Becomes Effective on November 21, 2009 and EEOC Issues New EEO Poster, Employment, Labor & Benefits Advisory ()
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Co-author,
The Increased Use of Social Networking Websites and the Importance of a Social Networking Policy for Your Workforce, Employment, Labor & Benefits Alert ()
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First Circuit Case Provides Cautionary Tale Regarding Potential Libel Claims, Employment, Labor & Benefits Alert ()
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New Department of Labor FMLA Regulations Effective Today, Employment, Labor & Benefits Alert ()
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Editor,
FMLA Compliance: An Overview for the HR Professional, ()
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Employers Are Required to Compensate Employees for Non-Working Hours and Travel Expenses for Medical Treatment Sought under OSHA’s Bloodborne Pathogens Standard, Employment, Labor & Benefits Advisory ()
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MCAD Commissioner Announces That Male Employees Are Covered by the Massachusetts Maternity Leave Act, Employment, Labor & Benefits Alert ()
Speaking Engagements
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Speaker,
Human Resources Bootcamp: The 10 Commandments of Massachusetts Employment Law,
Eyetechs, Inc.
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Chair,
Massachusetts Fair Share Contribution Enforcement Update,
New England Employee Benefits Council
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Panelist,
Fundamentals of Employment Law,
Sterling Educational Services, Inc., Boston, MA
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Panelist,
Labor Law Basics for Attorneys,
Boston Bar Association
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Speaker,
The New FMLA - An Employer's Top 10 List for the New FMLA and Its Regulations,
Mintz Levin, Boston, MA
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Chair,
When OSHA Applies to Biotech and Healthcare Clients,
Massachusetts Continuing Legal Education, Boston, MA
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Speaker,
Employment Law Hot Topics: FMLA Statutory Amendments and Proposed New Regulations,
Recent Developments in Employment Law 2008,
Council on Education in Management
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Chair,
Recent Developments in Employment Law 2008,
Council on Education in Management
Newsroom
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Quoted in
State: Gentler Approach Enforcing Health Reform., Boston Business Journal ()
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Seventy-One Mintz Levin Attorneys Named 2012 Massachusetts Super Lawyers and Rising Stars , ()
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Mintz Levin Represents hopeFound in Merger with Pine Street Inn, ()
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Quoted in
Saint-Gobain Ruling Leaves Uncertainty for Employers, Law360 ()
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Quoted in
Have Yourself a Merry, Lawsuit-Free Holiday Party, Law360 ()
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Quoted in
What Employers Can Learn from Juan Williams’ Firing, Law360 ()
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Mintz Levin Represents Alphatec Holdings, Inc. in $92 Million Public Offering, ()
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Quoted in
Everybody’s Thinking Criminal Records Check after Michael Vick, National Law Journal ()
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Quoted in
Flexible Hours for Nonexempt Workers May Be Next on Lobbyists’ Agenda, Workforce Management ()
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Quoted in
New Federal Law Looks Likely to Tag out Major League Baseball’s Genetic Testing, National Law Journal ()
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Mintz Levin Elevates Four Attorneys to Members of the Firm, ()