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Brendan J. Lowd

Member

[email protected]

+1.617.239.8277

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Brendan is an experienced and creative litigator, advisor, and counselor to public, private, start-ups, and closely-held companies. Brendan also represents high-level executives in the negotiation of their employment agreements and compensation. Brendan dedicates a substantial portion of his practice to employment litigation, regularly practicing before state and federal courts, arbitrators and administrative agencies. Brendan focuses on wage and hour class and collective actions, restrictive covenant matters, False Claims Act cases, and shareholder disputes among the owners of closely-held companies. In addition, Brendan regularly litigates sexual harassment, disability, retaliation, and other employment discrimination and whistleblower suits. 

Brendan has a wide range of experience in solving the labor and employment issues that employers face on a daily basis. Brendan regularly counsels employers on, among other things, employment and separation agreements, employee handbooks, restrictive covenants, providing reasonable accommodations to employees with disabilities, workplace safety, conducting internal investigations of employee complaints, and employee leaves of absence.

In addition to the firm’s Employment, Labor & Benefits group, Brendan is also a member of the Litigation and Construction groups. As a member of the firm’s Construction group, Brendan represents various contractors on OSHA and prevailing wage matters. Moreover, Brendan works closely with the firm’s Health Care and Corporate groups to advise and consult on corporate governance and transactional matters.

Brendan is a frequent lecturer on the ever-evolving federal and state employment laws, with a focus on presentations concerning wage and hour and restrictive covenant issues. 

Prior to joining Mintz, Brendan worked as a litigation associate in the labor and employment practice group at a prominent law firm’s Boston office.

Experience

Litigation Experience

  • Dismissed a nationwide FLSA collective action filed against a department store retailer in the United States District Court for the District of Massachusetts based on arbitration agreements that employees signed, pursuant to the United States Supreme Court’s “Epic Systems” decision
  • Successfully settled a FLSA and Rule 23 putative wage and hour class action filed against a home health care company in the United States District Court for the District of Rhode Island, which followed a beneficial ruling at the motion to dismiss stage
  • Successfully settled a disability, sexual orientation, and overtime claim filed by a certified registered nurse anesthetist in the United States District Court for the District of Rhode Island on the eve of summary judgment and following a multitude of depositions
  • Successfully mediated a race discrimination claim at the Massachusetts Commission Against Discrimination on behalf of a Massachusetts general contractor
  • Successfully mediated a former employee’s First Amendment and other constitutional claims on behalf of a Connecticut general contractor
  • Successfully mediated a complex software contract dispute on behalf of a New Hampshire hospital and before suit was filed
  • Secured partial summary judgment on a prevailing wage and independent contractor misclassification lawsuit filed in the United States District Court for the District of Connecticut, which led to a favorable settlement for a Connecticut paint contractor
  • Defeated both FLSA conditional and Rule 23 class certification filed against a package delivery company in the United States District Court for the District of Massachusetts
  • Dismissed a putative Rule 23 class action for prevailing wage from the Massachusetts Superior Court’s Business Litigation Session on behalf of an electrical contractor
  • Dismissed a putative Rule 23 class action for alleged Sunday premium pay from the Rhode Island Superior Court’s Business Calendar based on an argument that the applicable statute lacked a private cause of action
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viewpoints

The Federal Trade Commission (FTC)’s new rule to ban most post-employment non-compete agreements could significantly impact M&A and private equity transactions. Assuming it withstands legal challenges, the rule will require buyers and private equity sponsors to rethink many of their asset protection strategies.

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The Massachusetts Supreme Judicial Court (“SJC”) recently held in Devaney v. Zucchini Gold that employees who prove only a violation of the federal Fair Labor Standards Act (“FLSA”) are not entitled to the automatic treble damages under the Commonwealth’s untimely wage payment statute, the Massachusetts Wage Act (“Wage Act”).  Rather, employees are limited to a damages recovery only as provided by the FLSA, which in some circumstances can be, in addition to other remedies, double (not triple) wage damages.

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The Massachusetts Supreme Judicial Court (“SJC”) – Massachusetts’ highest court – recently held that under the Massachusetts Wage Act (“Wage Act”) employees are entitled to automatic treble wage damages – that is, three times the amount of the unpaid wages –for any late wage payments, even if the employer fixed the payment error before the employee commenced a proceeding.  This post reviews the SJC's decision and the key takeaways.

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Mintz’s pro bono work for The Food Project, a nonprofit focused on youth development and reducing food insecurity, has included advising the organization on governance, real estate, employment, privacy, and litigation matters.
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Mintz’s Annual Employment Law Summit brought together thought leaders to discuss the most pressing issues employers are facing in today’s unprecedented work environment. Attendees heard presentations on the continued impact of COVID-19; social justice and diversity, equity and inclusion initiatives; recent and anticipated changes to employment laws; and best practices for managing sensitive employee situations.
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News & Press

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Mintz is pleased to announce that 31 attorneys have been named Massachusetts Super Lawyers and 35 attorneys have been named Massachusetts Rising Stars for 2024.

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187 Mintz attorneys have been recognized by Best Lawyers® in the 2025 edition of The Best Lawyers in America©. Notably, three Mintz attorneys received 2025 “Lawyer of the Year” awards, and 64 firm attorneys were included in the 2025 edition of Best Lawyers: Ones to Watch.

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BOSTON –  Twenty-five Mintz attorneys have been named to Boston Magazine’s Top Lawyers list.

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Mintz is pleased to announce that 32 attorneys have been named Massachusetts Super Lawyers and 27 attorneys have been named Massachusetts Rising Stars for 2023.

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Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.

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BOSTON – Mintz served as legal advisor to Mama Rosie’s Company, Inc. (“Mama Rosie’s”), a second-generation family-owned frozen pasta manufacturer, in its acquisition by Mill Point Capital-backed Seviroli Foods LLC (“Seviroli”), a specialty foods importer and frozen food manufacturer.

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BOSTON - Mintz and ML Strategies were recognized with the prestigious Nicholas Humber Award for Outstanding Collaboration by the Environmental Business Council of New England (EBC) at the 30th Annual EBEE Awards in Boston.

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We're thrilled to announce the addition of 17 new Members to Mintz. Along with seven attorneys recently elevated to membership in the firm, we’ve welcomed ten lateral Members in 2022. They add depth to our experience and capabilities in life sciences, health care, financial services, private equity, sports & entertainment, technology, and other sectors.

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In its second annual edition, 28 Mintz attorneys were named to Boston Magazine’s Top Lawyers list.

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35 Mintz attorneys have been named Massachusetts Super Lawyers and 25 Mintz attorneys have been named Massachusetts Rising Stars for 2022.

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Best Lawyers® recognized 108 firm attorneys in the 2023 edition of The Best Lawyers in America©. Notably, two Mintz attorneys – Poonam Patidar and Scott M. Stanton – received 2023 “Lawyer of the Year” awards, and 28 firm attorneys were included in the inaugural edition of Best Lawyers: Ones to Watch.

In this article published on LinkedIn by a representative of the Associated Industries of Massachusetts, the statewide association for Massachusetts employers, Mintz Member Katharine Beattie and Associate Brendan Lowd commented on a recent ruling in a Massachusetts Supreme Judicial Court case that will affect the state’s wage and hour laws.
Attorney Brendan Lowd cautions that employers must dedicate significant financial and personnel resources to make sure they are prepared to address a number of wide ranging employment issues when any natural disaster causes disarray in the workplace.
This column discusses the impact of the U.S. Supreme Court’s decision in Epic v. Lewis which addressed a long debated issue – can employers require that workplace disputes be litigated in individual arbitrations or should employees always have the option to bring class action claims in court. The column is authored by a team of Employment, Labor & Benefits attorneys including Member Kate Beattie and Associates Jennifer Budoff and Brendan Lowd.
Mintz advised GPB Capital on its acquisition of a majority equity stake in Westwood, Massachusetts-based Prime Motor Group. The acquisition by Capstone Automotive Group, an affiliate of GPB, expands the group’s footprint throughout New England.
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Events & Speaking

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May
7
2024
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Dec
13
2018

Wage and Litigation Update

MSADA CEO and CEFO Forum

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Nov
7
2018

Boston Employment Law Summit

One Financial Center, Boston, MA

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Aug
16
2018
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Aug
16
2018

Mastering Absence Management, "Compliance - Overview of Regulations"

New England Employee Benefits Council

Boston, MA

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Recognition & Awards

  • Best Lawyers in America "Ones to Watch": Litigation - Labor and Employment (2021; 2023 - 2025); Labor and Employment Law - Management (2023 - 2025)

  • Boston Magazine Top Lawyers – Employment (2021-2023)

  • Included on the Massachusetts Rising Stars: Employment & Labor List (2017-2024)

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Involvement

  • Member, Boston Bar Association
  • Member, Massachusetts Bar Association
  • Member, Rhode Island Bar Association
  • Member, American Bar Association
  • Volunteer, Boston Bar Association Bar Exam Coaching Program
  • Volunteer Admissions Interviewer, Georgetown University Law Center
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