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H. Andrew Matzkin

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[email protected]

+1.617.348.1683

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Drew is a seasoned employment litigator whose practice includes counseling clients on the full range of federal and state labor and employment issues. He represents companies in many sectors, including life sciences, technology, industrial, and professional services — in federal and state courts and before arbitrators and administrative agencies. He skillfully navigates issues involving noncompetition agreements, discrimination and harassment, workplace health and safety, employment contracts and handbooks, leaves of absence, and collective bargaining. As part of his practice, Drew also regularly conducts OSHA site inspections and compliance audits, and handles OSHA complaints, investigations, and administrative law actions.

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 has also defended employers against wage and hour class actions brought under the Fair Labor Standards Act (FLSA) and state wage and hour laws.

Drew 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, reasonable accommodation for handicapped employees, disciplining and terminating employees, investigating claims of harassment, and protecting trade secrets and confidential information. Drew regularly reviews employment handbooks and personnel policies, and drafts employment agreements and noncompetition agreements.

In addition, Drew regularly counsels employers regarding all aspects of environmental health and safety. Drew has conducted numerous OSHA site inspections and compliance audits, has handled numerous OSHA investigations, complaints and administrative law actions, and regularly counsels clients on OSHA issues ranging from routine compliance workplace injuries to fatalities.

Before joining the firm, Drew was a Judicial Law Clerk at the Norfolk County Probate and Family Court. During law school, he also 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 undergraduate at Bates College, he was a member of both the men's rugby and lacrosse teams.

Education

  • Boston College (JD, cum laude)
  • Bates College (BA, cum laude)

Experience

  • National Food Wholesaler v. Local Food Wholesaler and Former Employees of National Wholesaler: 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: 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: 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.
  • National Office Services Company v. Massachusetts Division of Unemployment Assistance: 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. International Mobile Network Software Provider: 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.
  • Former Executive v. Nationwide Travel Company: 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 Employee v. National Trucking Company: Successfully moved to dismiss a former employee’s claim for race and sex harassment and discrimination against an interstate trucking company.
  • National Transportation Company v. Employee: Following hearing, successfully obtained court order ruling that claims under the Massachusetts Wiretap Act are not preempted by the National Labor Relations Act, and prohibiting employee from using or disseminating recording of supervisor comments in violation of the Massachusetts Wiretap Act.
  • Regional Staffing Company v. Massachusetts Division of Unemployment Assistance: 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.
  • Former Employer v. National Technology Management Company: Following a full evidentiary hearing, successfully opposed and dismissed case against former employee and new employer for breach of noncompetition covenant, based on emerging “material change” doctrine under Massachusetts law.
  • National Restaurant Chain v. Massachusetts Division of Unemployment Assistance: Following a full evidentiary appeal hearing and oral argument, court granted extraordinary relief of overturning agency determination of liability against employer, and remanding matter to agency for further review pursuant to court order).
  • 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. Regional Dental Corporation: Successfully moved to dismiss statutory wage/hour claims and common law employment claims against defendant employer and individual owner, based on arbitration provision in employment agreement.
  • Former Employees v. National Department Store Retailer: Successfully moved to dismiss nationwide FLSA collective action against nationwide department store retailer based on arbitration agreement signed by employees as condition of employment, pursuant to the U.S. Supreme Court “Epic Systems” decision.

Recognition & Awards

  • Included on the Massachusetts Super Lawyers: Employment & Labor List (2016 - 2018)
  • Included on the Massachusetts Super Lawyers: Rising Star – Employment & Labor List (2009 – 2013)
  • Best Lawyers in America: Litigation - Labor and Employment (2019)

Viewpoints

The Massachusetts Earned Sick Time Law, which requires nearly all Massachusetts employers to provide earned sick time to employees, goes into effect on July 1, 2015. Unless they qualify for the limited safe harbor provision (discussed below), employers must be in compliance with the law and allow employees to begin accruing time on July 1.
My colleague Drew Matzkin is quoted in this Society for Human Resource Management piece in which he comments on the importance of employers keeping an employee’s performance issues separate from the individual’s use of FMLA-leave. The article focuses on the rising rate of FMLA abuse and specific tactics employers can take to contain it.
At an economic development summit earlier today in Newton, Massachusetts, Governor Patrick stated that he will propose an economic growth bill that includes a prohibition on non-competition agreements that discourage workers in high-tech companies from taking their skills to a competitor.
In a case of first impression, a Massachusetts trial court recently ruled that the Massachusetts Wage Act protects out-of-state employees, provided that they have sufficient contacts with the Commonwealth.
Many employers have employees sign confidentiality agreements aimed at prohibiting disclosure of confidential business information to third parties, and it has been widely assumed that such clauses were lawful.

Events

Speaker
Nov
7
2018

Boston Employment Law Summit

One Financial Center, Boston, MA

Moderator
May
13
2015

Massachusetts Employment Law Summit

Mintz Levin

Boston, MA

Speaker
Apr
14
2015

Immigration for the HR Professional

Hyatt House 2 Van de Graaff Drive Burlington, MA