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Brendan J. Lowd

Associate

[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.

Education

  • Georgetown University Law Center (JD)
  • Marquette University (BA, magna cum laude)

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

Recognition & Awards

  • Included on the Massachusetts Rising Stars: Employment & Labor List (2017-2019)

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

News & Press

Viewpoints

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Part Eight of the COVID-19 Roadmap Series: Avoiding COVID-19 Wage & Hour and Labor Law Pitfalls

May 15, 2020 | Blog | By Jennifer Budoff, Delaney Busch, Brendan Lowd

In Part Eight of our Roadmap Series, we take a closer look at wage and hour compliance concerns that may arise during the COVID-19 pandemic, and what employers can do to minimize these pitfalls.

Remember that wage and hour concerns, and how to properly address them, will often depend on whether a company is dealing with exempt employees (i.e., employees not entitled to overtime pay regardless of the number of hours worked in a day or week) or non-exempt employees (i.e., employees entitled to overtime pay if the employee works more than eight hours a day or forty hours in a week, depending on the state). This critical distinction will largely govern how employers should consider and plan for the issues described below.
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Two Recent FLSA Decisions Bring Good News to Employers

January 14, 2019 | Blog | By Brendan Lowd

          As 2018 came to a close, a pair of federal court decisions provide much needed guidance on two thorny wage and hour issues that are being increasingly litigated nationwide under the Fair Labor Standards Act (FLSA).  In one decision, the court held that an employee who was paid all owed wages shortly after filing a lawsuit was not a “prevailing party” for fee-shifting purposes.  In another decision, a federal appeals court confirmed that FLSA minimum wage violations are measured based on the workweek. 

Read more

News & Press

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.

Events

Speaker
Nov
18
2019
Speaker
Speaker
Dec
13
2018

Wage and Litigation Update

MSADA CEO and CEFO Forum

Speaker
Nov
7
2018

Boston Employment Law Summit

One Financial Center, Boston, MA

Speaker
Aug
16
2018
Speaker
Aug
16
2018

Mastering Absence Management, "Compliance - Overview of Regulations"

New England Employee Benefits Council

Boston, MA