Brendan is an experienced and creative litigator, advisor, and counselor to public, private, start-ups, and closely held companies. Brendan dedicates a 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 and restrictive covenant matters. Brendan also represents high-level executives in the negotiation of their employment agreements and compensation. 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 daily. 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 group, Brendan is a member of the Litigation group. He has experience litigating private equity matters, mergers and acquisitions, and commercial disputes.
Brendan is a lecturer on the ever-evolving federal and state employment laws, with a focus on presentations concerning wage and hour and restrictive covenant issues.
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
viewpoints
NLRB Moves Away from Biden-Era Approach on Severance Agreements
March 13, 2025 | Blog | By Brendan Lowd, Danielle Dillon
As part of the Trump Administration’s significant efforts to roll back the Biden Administration’s policies, the Acting General Counsel of the National Labor Relations Board (the “NLRB”) recently rescinded, via Memorandum GC 25-05, more than 30 Biden Administration memoranda. Chief among the rescinded memoranda is the NLRB’s 2023 guidance regarding non-disparagement and confidentiality provisions included within non-managerial employees’ severance agreements, which followed the NLRB’s February 21, 2023 decision in McLaren Macomb.
Employer Win on FLSA Exemption Issue – Heightened Pleading Standard Rejected by High Court
January 28, 2025 | Blog | By Brendan Lowd, Tom J. Pagliarini, Kathryn Droumbakis
The United States Supreme Court recently held in E.M.D. Sales, Inc. v. Carrera that the “preponderance of the evidence” burden of proof applies in determining whether an employee is exempt under the federal Fair Labor Standards Act (FLSA). In issuing its unanimous opinion, the Supreme Court rejected the employee’s argument that the higher “clear and convincing” evidence standard should apply.
What the FTC’s New Rule on Non-Competes Means for M&A and Private Equity Transactions
May 23, 2024 | Article | By Benjamin Ferrucci, Brendan Lowd, Nicole Rivers, Zachary Liebnick
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.
The DOL Issues a Final Rule Returning the Independent Contractor Classification Analysis under the FLSA to a More Employee-Friendly Test, Forcing Employers to Think Critically About Their Use of Independent Contractors in the Workplace
January 25, 2024 | Blog | By Brendan Lowd, Kathryn Droumbakis
Pay Transparency Law on the Horizon for Massachusetts Employers
October 30, 2023 | Blog | By Brendan Lowd, Kathryn Droumbakis, Danielle Dillon
Supreme Court Clarifies the Meaning “Salary Basis” Under Federal Overtime Law
March 3, 2023 | Blog | By Brendan Lowd, Kathryn Droumbakis
Employers Making FLSA Administrative Exemption Classification Determinations Should Make Note of a New First Circuit Case
February 13, 2023 | Blog | By Brendan Lowd, Kathryn Droumbakis
The Massachusetts High Court Holds That Employers Are Now Automatically Liable For Treble Wage Damages for Any Untimely Paid Final Wages
April 15, 2022 | Blog | By Brendan Lowd, Danielle Dillon
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.
Nurturing a Community-Based Approach to Food Access
January 18, 2022 | Article
News & Press
23 Mintz Attorneys Named to Boston Magazine’s “Top Lawyers” List
November 22, 2024
23 Mintz attorneys have been named to Boston Magazine’s 2024 “Top Lawyers” list.
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.
The Best Lawyers in America 2025 Recognizes 184 Mintz Attorneys across 56 Practice Areas
August 15, 2024
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.
Twenty-Five Mintz Attorneys Named To Boston Magazine’s Top Lawyers List
November 21, 2023
BOSTON – Twenty-five Mintz attorneys have been named to Boston Magazine’s Top Lawyers list.
Fifty-Nine Attorneys Recognized as 2023 Massachusetts Super Lawyers and Rising Stars
October 12, 2023
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.
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©.
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.
Mintz and ML Strategies Receive Environmental Business Council Award For Outstanding Collaboration
June 08, 2023
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.
Mintz Announces New Member Growth
December 16, 2022
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.
Twenty-Eight Mintz Attorneys Named To Boston Magazine’s Top Lawyers List
November 22, 2022
In its second annual edition, 28 Mintz attorneys were named to Boston Magazine’s Top Lawyers list.
35 Mintz attorneys have been named Massachusetts Super Lawyers and 25 Mintz attorneys have been named Massachusetts Rising Stars for 2022.
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.
Where in the World Is the Gig Economy Working?
March 12, 2019
podcasts
Mintz on Air: Practical Policies - Non-Competes: Are They Still a Thing?
February 11, 2025 | Podcast | By Jennifer Rubin, Brendan Lowd
Member Jen Rubin hosts a conversation with Employment Member Brendan Lowd on the status and enforceability of non-compete agreements. This episode is part of a series of conversations designed to help employers navigate workplace changes under the Trump administration.
Events & Speaking
Mintz’s Annual Employment Law Summit 2025 - Boston
One Financial Center, Boston, MA 02111
Mintz's Annual Employment Law Summit 2025 - New York
Convene, 601 Lexington Ave, New York, NY 10022
Mastering Absence Management, "Compliance - Overview of Regulations"
New England Employee Benefits Council
Boston, MA
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)
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
Recent Insights
NLRB Moves Away from Biden-Era Approach on Severance Agreements
March 13, 2025| Blog|
Mintz on Air: Practical Policies - Non-Competes: Are They Still a Thing?
February 11, 2025| Podcast|
