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Brendan J. Lowd

Member

[email protected]

+1.617.239.8277

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Brendan is a Member in the firm's Employment Practice. He is a trusted advisor to private, startup, and closely held companies. Brendan works closely with company executives to solve complex employment issues, including in the areas of employment and separation agreements, restrictive covenants, reasonable accommodations, workplace safety, internal investigations of employee complaints, and leave management.

Brendan prides himself on working effectively and efficiently to solve the client’s problem. When litigation is needed, Brendan has extensive experience representing clients before state and federal courts, arbitrators, and administrative agencies. His litigation practice includes wage and hour class and collective actions, restrictive covenant matters, and executive employment disputes.

Brendan also devotes a substantial portion of his practice to merger and acquisition work, mostly in the private equity space to advise on the employment aspects of a transaction, including executive incentive compensation. An additional part of Brendan’s practice relates to his representation of high-level executives in their employment and compensation negotiations.

Experience

Litigation Experience

  • Dismissed a nationwide FLSA collective action filed against a department store retailer in the US District Court for the District of Massachusetts based on arbitration agreements that employees signed, pursuant to the US 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 US 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 US 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 US 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 US 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

Massachusetts employers know the importance of complying with the state’s Wage Act, G.L. c. 149, § 148. Two recent court decisions offer fresh guidance to help employers achieve compliance, including around paying PTO upon separation of employment and regarding the Wage Act’s reach beyond state borders.

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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. 

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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.

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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”) – 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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News & Press

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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.

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podcasts

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.

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Events & Speaking

Panelist
Jun
2
2026
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May
7
2026
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May
7
2025

Mintz’s Annual Employment Law Summit 2025 - Boston

One Financial Center, Boston, MA 02111

May
1
2025

Mintz's Annual Employment Law Summit 2025 - New York

Convene, 601 Lexington Ave, New York, NY 10022

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May
7
2024
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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
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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

  • Chambers USA: Massachusetts – Labor & Employment, Up and Coming (2025 – 2026)

  • Lawdragon: Employment Litigation, Class Actions (2026)

  • Best Lawyers in America: Ones to Watch – Litigation – Labor and Employment (2021, 2023 – 2025)

  • Best Lawyers in America: Ones to Watch – Labor and Employment Law – Management (2023 – 2025)

  • Boston Magazine: Top Lawyers – Employment (2021 – 2025)

  • Massachusetts Rising Stars: Employment & Labor (2017 – 2025)

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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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