All posts by Becky L'Abbe

Matthew Carrieri

Attorneys

Matt is an employee- and union-side labor and employment lawyer who represents workers in wage and hour litigation, independent contractor misclassification actions, discrimination claims, and labor disputes. Matt has represented ride share and delivery drivers, construction laborers, grocery store workers, exotic dancers, and tech workers in class and individual actions against major corporations and other employers.

Prior to joining Lichten & Liss-Riordan, P.C., Matt practiced litigation and employment law at a major international law firm.

During law school, Matt was a research assistant at Harvard’s Labor and Worklife Program, where he worked on the Clean Slate for Worker Power project, and a regular contributor to OnLabor.org. He also represented refugee claimants in Massachusetts and at the Texas-Mexico border as a student attorney at the Harvard Immigration and Refugee Clinic and served as Co-Director of the International Refugee Assistance Project.

Education

Harvard Law School, J.D., cum laude
New York University, M.A. Near Eastern Studies
McGill University, B.A. Middle East Studies, Dean’s Honor List; First Class Honors

BAR AND COURT ADMISSIONS

Member, State Bar of Massachusetts, 2019

Member, Law Society of Ontario, 2023

Admitted to practice before the U.S. District Court for the District of Massachusetts and the U.S. Court of Appeal for the First Circuit

Krysten Connon

Attorneys

Krysten Connon is an experienced and dedicated attorney. She represents workers in disputes against their employers and primarily concentrates her practice on wage and hour class and collective actions arising under the Fair Labor Standards Act and state laws. Krysten has represented workers from a variety of backgrounds and in various industries, including cable and satellite installers, delivery drivers, and nurses.

Krysten graduated summa cum laude from the Drexel University Thomas R. Kline School of Law, and she is a Phi Beta Kappa graduate of the University of Maryland. Following law school, Krysten served as a federal judicial law clerk before joining the commercial litigation department of a national law firm, where she represented clients in complex commercial litigation and arbitration matters. Krysten also worked as a Staff Attorney at Women Against Abuse, where she litigated cases originating as domestic violence matters. Prior to joining Lichten & Liss-Riordan, Krysten worked as an attorney in the employment rights group of a plaintiff-side class action law firm.

Additionally, Krysten co-authored the 2015 Oxford University Press book, Living in the Crosshairs: The Untold Stories of Anti-Abortion Terrorism, which presents the results of extensive interviews with abortion providers around the intersections of law, policy, and anti-abortion violence. She regularly volunteers her time and expertise on issues related to reproductive health, rights, and justice.

Krysten was named a Pennsylvania Rising Star in 2020 and 2021 by Thomson Reuters’ Super Lawyers. .

EDUCATION

Drexel University Thomas R. Kline School of Law, JD, summa cum laude, 2012
University of Maryland – College Park, cum laude, Phi Beta Kappa, 2009

BAR AND COURT ADMISSIONS

Member, State Bar of New Jersey, 2013
Member, State Bar of Pennsylvania, 2013

Admitted to practice before the U.S. District Court of New Jersey, U.S. District Court for the Eastern District of Pennsylvania, and the U.S. Court of Appeals for the Ninth Circuit.

Sarah Schalman-Bergen

Attorneys

Biography

Sarah R. Schalman-Bergen is a partner at Lichten & Liss-Riordan P.C., who has dedicated her career to creating systemic change for workers and individuals who are not being treated fairly. She has secured numerous significant settlements for the workers she represents, totaling well over $100 million.

While representing workers in all types of industries, Sarah has successfully challenged unlawful business practices involving last-mile logistics companies, cable installation companies, home health aide companies, meat and poultry plants, landscaping companies, in white collar jobs, and in the government. This litigation has resulted both in payment of back wages and in practice changes by the companies.

Sarah also represents clients in antitrust cases involving labor markets. For example, she has prosecuted challenges to “no poach” agreements that allegedly suppressed employees’ wages, and she has defended clients against antitrust claims brought to impede their rights to organize for better working conditions. Sarah also represented the City of Philadelphia against a major bank for allegedly discriminatory practices, in violation of the Fair Housing Act.

Sarah works in partnership and routinely co-counsels with public interest law firms to lend expertise to their mission in litigation. She has served as volunteer of counsel to the AIDS Law Project of Pennsylvania for more than a decade, litigating discrimination and HIV-confidentiality cases. Sarah was honored for this work as an “Unsung Hero” by the Legal Intelligencer, Pennsylvania’s daily law journal.

Sarah conducts her practice according to the highest ethical standards, and has received high judicial praise, including being described as “ethical, talented, and motivated to help hard working men and women” and “some of the finest legal representation in the nation.”

Sarah routinely speaks at conferences on issues relating to workers’ rights. She currently serves on Cornell’s ILR-Hotel School CIHLER Advisory Board, and is a Board Member of the Keystone Research Center. Sarah was named a 2020 Pennsylvania Super Lawyer, after being named as a Rising Star in every year over the prior decade. In 2021, she was named in Best Lawyers in America. In 2015, she was honored as a “Lawyer on the Fast Track” by The Legal Intelligencer.

Prior to joining the Firm, Sarah was a partner at a plaintiff-side class action law firm, where she served as co-chair of the firm’s employment rights practice group. She has also practiced in the litigation department at a large Philadelphia firm, where she represented clients in a variety of industries in complex commercial litigation. Sarah received her J.D. cum laude from Harvard Law School and her B.A. summa cum laude from Tufts University.

PROMINENT JUDGMENTS AND SETTLEMENTS

Hickman v. TL Transportation, LLC, Amazon.com, et al., No. 2:17-cv-01038-GAM; 317 F. Supp. 3d 890; 318 F. Supp. 3d 718 (E.D. Pa. 2020) ($1.8m settlement on behalf of Delivery Associates in wage claim against third party company of Amazon; favorable opinions on liability, personal jurisdiction, individual liability, and conditional certification)

Merino v. Wells Fargo & Co., 2:16-cv-07840-ES-MAH (D.N.J. 2020) (co-lead counsel in $35 million wage and hour settlement on behalf of personal bankers)

Holbert v. Waste Management, Inc., No. 2:18-cv-02649-CMR (E.D. Pa. 2019) (lead counsel in $14.7 million FLSA nationwide settlement on behalf of 31,000 waste collectors)

Nicks v. Koch Meat Co., Inc., No. 16-cv-6446; 2016 WL 6277489; 260 F. Supp. 3d 942; 265 F. Supp. 3d 841 (N.D. Ill. 2019) ($1,832,000 settlement on behalf of chicken catchers in wage claim against national integrated poultry processor; favorable opinions on jurisdiction, corporate entity structure, certification)

City of Philadelphia v. Wells Fargo & Co., 2:17-cv-02203-AB, 2018 WL 424451 (E.D. Pa. 2019) (represented City of Philadelphia in Fair Housing Act litigation resolved for $10 million and injunctive relief for sustainable housing-related programs to promote and preserve homeownership for low- and moderate-income residents.)

Smith v. Allegheny Technologies, Inc., 754 Fed. Appx. 136 (3d Cir. 2018) (allegations by temporary workers hired to cross picket line and work in steel plant during lockout of union workers were sufficient to state claim for travel time compensation under Pennsylvania law)

Beckett v. Aetna, Inc., 2:17-cv-03864 (E.D. Pa. 2018) (Co-lead counsel with AIDS Law Project of Pennsylvania and Legal Action Center in $17 million settlement for the largest HIV confidentiality breach in U.S. on behalf of 12,000 class members)

The Broadway League v. Bernard Telsey Casting, Inc., Internat’l Brotherhood of Teamsters Theatrical Drivers and Helpers Local 817, et al., No. 1:17-cv-9515 (S.D.N.Y. 2018) (defended casting directors and union in antitrust action challenging lawfulness of organizing activity)

Smith v. Milton Hershey School, No. 11-7391, 2012 WL 1966125 (E.D. Pa. 2012) ($730,000 and injunctive relief settlement on behalf of 13 year old student alleged to have been refused enrollment in school because of his HIV status)

Canal Side Care Manor, LLC v. Pa. H.R.C., 30 A.3d 568 (Commw. Ct. 2011) (affirming $55,000 trial award on behalf of HIV positive woman denied housing at personal care home)

TIAA-CREF v. Bernardo, 683 F. Supp. 2d 344 (E.D. Pa. 2010) (summary judgment in declaratory judgment action to award retirement benefits to domestic partner of deceased doctor)

EDUCATION

Harvard Law School, J.D., cum laude, 2007
Tufts University, B.A., summa cum laude, 2001

BAR AND COURT ADMISSIONS

Member, Bar of Pennsylvania, 2007

Admitted to practice before the U.S. Supreme Court; U.S. Court of Appeals for the Third, Fourth, Sixth, Eighth and Ninth Circuits; U.S. District Courts for the Eastern, Middle, and Western Districts of Pennsylvania, District of Colorado, Eastern and Western Districts of Arkansas, Northern District of New York, Northern District of Illinois, Southern District of Indiana, Northern District of Ohio, Eastern District of Michigan, Western District of Tennessee, Southern and Eastern District of Texas, District of Nebraska; and U.S. Bankruptcy Court for the Eastern District of Pennsylvania.

Privacy Notice for California Residents:

Uncategorized

Effective Date: January 1, 2020
Last Reviewed on: June 15, 2020

This Privacy Notice for California Residents supplements the information contained in Lichten & Liss-Riordan’s general privacy notice and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Notice.

Information We Collect
Our Website collects information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information“). Personal information does not include:
• Publicly available information from government records.
• Deidentified or aggregated consumer information.

In particular, our Website has collected the following categories of personal information from its consumers within the last twelve (12) months:

CategoryExamplesCollected
A. Identifiers.A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.YES
C. Protected classification characteristics under California or federal law.Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).NO
D. Commercial information.Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.NO
E. Biometric information.Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.NO
F. Internet or other similar network activity.Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.YES
G. Geolocation data.Physical location or movements.NO
H. Sensory data.Audio, electronic, visual, thermal, olfactory, or similar information.NO
I. Professional or employment-related information.Current or past job history or performance evaluations.YES
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.NO
K. Inferences drawn from other personal information.Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.NO

We obtain the categories of personal information listed above from the following categories of sources:

  • Directly from you. For example, from forms you complete.
  • Indirectly from you. For example, from observing your actions on our Website.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Website and its contents to you.
  • To provide you with information or services that you request from us.
  • To fulfill any other purpose for which you provide it. For example, if you share your name and contact information to inquire about a potential case through our Website, we will use that personal information to respond to your inquiry.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.
  • For any other purpose with your consent.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

We only share your information with service providers (such as companies who assist us in sending emails, physical mailings, text messages and/or surveys) and other law firms or vendors with whom we have partnered to litigate or investigate potential cases. These service providers and law firms may have access to personal information needed to perform their functions but are not permitted to sell, share, or use such information for any other purposes.

We may also disclose your personal information:
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our terms of use and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Lichten & Liss-Riordan, P.C. our clients, or others.

By submitting personal information to our website, you consent to receiving emails from us in the future. If you do not wish to receive these communications, please request removal by clicking unsubscribe at the bottom of the email, or email privacy@llrlaw.com and ask to be placed on a “do not e-mail” list.

Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

  • You have the right to request that we disclose certain information to you, no more than twice in a 12-month period, about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:
  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • sales, identifying the personal information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights.

Changes to Our Privacy Notice
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

Contact Information
If you have any questions or comments about this notice, the ways in which Lichten & Liss-Riordan, P.C. collects and uses your information described here and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Toll Free Phone: 866-357-4555
Email: privacy@llrlaw.com
Postal Address:
Lichten & Liss-Riordan, P.C.
Attn: Business Manager
729 Boylston Street, Suite 2000
Boston, MA 02116

Privacy Policy

Uncategorized

Last modified: October 20, 2021

Lichten & Liss-Riordan, P.C. respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect from you or that you may provide when you visit the website www.llrlaw.com (our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Users Under the Age of 18
Our Website is not intended for users under 18 years of age. No one under age 18 may provide any personal information to our Website. We do not knowingly collect personal information from anyone under 18. If we learn we have collected or received personal information from someone under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about someone under 18, please contact us at privacy@llrlaw.com or 866-357-4555.

Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Website, including information:
• By which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information”);
• Related to professional or employment history or reason for inquiring; and/or
• About your internet connection, the equipment you use to access our Website, and usage details.
We collect this information:
• Directly from you when you provide it to us.
• Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies.

Information You Provide to Us
The information we collect on or through our Website may include:
• Information that you provide by filling in forms on our Website. We may also ask you for information when you submit an inquiry or respond to one of our advertisements.
• Records and copies of your correspondence (including email addresses), if you contact us.
• Your responses to surveys that we might ask you to complete for research or litigation purposes.

Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
• Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.
We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
• To present our Website and its contents to you.
• To provide you with information or services that you request from us.
• To fulfill any other purpose for which you provide it. For example, if you share your name and contact information to inquire about a potential case through our Website, we will use that personal information to respond to your inquiry.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

We may use the information we have collected from you to enable us to display advertisements.

We only share your information with service providers (such as companies who assist us in sending emails, physical mailings, text messages and/or surveys) and other law firms or vendors with whom we have partnered to litigate or investigate potential cases. These service providers and law firms may have access to personal information needed to perform their functions but are not permitted to sell, share, or use such information for any other purposes.

We may also disclose your personal information:
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our terms of use and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Lichten & Liss-Riordan, P.C. our clients, or others.

By submitting personal information to our website, you consent to receiving emails from us in the future. If you do not wish to receive these communications, please request removal by clicking unsubscribe at the bottom of the email, or email privacy@llrlaw.com and ask to be placed on a “do not e-mail” list.

Your California Privacy Rights
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit PRIVACY NOTICE FOR CALIFORNIA RESIDENTS.

Contact Information
To ask questions or comment about this privacy policy and our privacy practices, contact us at:
Lichten & Liss-Riordan, P.C.
729 Boylston Street, Suite 2000
Boston, MA 02116
privacy@llrlaw.com
Toll Free: 866-357-4555

Terms of Use

Uncategorized

Last modified: October 20, 2021

By using the Website (www.llrlaw.com) you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. We may revise and update these Terms of Use from time to time.

In some jurisdictions, this website may be classified as attorney advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. We will only serve as your attorney under mutual agreement. This agreement will normally be in the form of a written or electronic retainer.

Please review our Privacy Policy for information about how we handle your personal information. The hiring of a lawyer is an important decision that should be based upon careful research and investigation, not solely upon advertisements. Prior results mentioned on this website do not guarantee a similar outcome. If you would like more information about our law firm, please contact us toll free at 866-357-4555 or via email at privacy@llrlaw.com.

Our Website is not intended for users under 18 years of age. No one under age 18 may provide any personal information to the website.

To the extent the State Bar Rules in your jurisdiction require us to designate a single attorney to be responsible for this website, Lichten & Liss-Riordan designates attorney Shannon Liss-Riordan. Lichten & Liss-Riordan, P.C. does not guarantee the accuracy or reliability of third party information included on this website or any other website to which it is linked. Some information may be outdated.

Olena Savytska

Attorneys

Olena Savytska is a dedicated and persistent client advocate and combines her experience in civil litigation and direct services in her work, approaching every case as a puzzle, and using her language skills to connect with clients. Olena began her work in the wage and hour field during a summer at the Harvard Legal Aid Bureau, where she represented dry cleaning and restaurant workers. Olena has worked at Lichten and Liss-Riordan since graduating from Columbia law School law, and has focused her practice on worker misclassification class and collective actions under state and federal law.

Olena has significant experience with collective actions under the Fair Labor Standards Act. She has obtained collective action certification in dozens of cases around the country on behalf of employees in a variety of industries, including healthcare consultants, exotic dancers, cable technicians and delivery drivers, and has helped parlay these decisions into successful settlements.
In recent years, Olena has worked on dozens of cases involving delivery drivers, and has helped achieve decisions that have developed the caselaw on misclassification, improper deductions, and business expenses, both under Massachusetts and Illinois law, as well as the scope of the Illinois Wage Payment and Collection Act as it applies to over-the-road drivers.

Olena is fluent in Spanish and Russian.

Professional Awards and Honors

Massachusetts Super Lawyers Rising Star 2020-2024

REPRESENTATIVE CASES AND DECISIONS

Muniz v. RXO Last Mile, Inc., 2023 WL 5353749, at *8 (D. Mass. Aug. 21, 2023) (summary judgment granted for delivery drivers under Massachusetts’ “ABC” test).

Tsybikov v. Dovgal, No. 19 C 3334, 2023 WL 4029823, at *2 (N.D. Ill. June 15, 2023) (summary judgment granted for more than 700 over-the-road delivery drivers alleging misclassification claims under the IWPCA)

Branson v. All. Coal, LLC, 2021 WL 1550571, at *1 (W.D. Ky. Apr. 20, 2021) (conditional certification granted for a collective of approximately 1,800 mine workers)

Braniff v. HCTec Partners, LLC, f/k/a HCTec, LLC, No. 3:17-cv-00496 (M.D. Tenn.) (final approval granted for $4,500,000 settlement on behalf of approximately 2,271 Consultants)

Arrington, et al. v. Optimum Healthcare IT, LLC, No. 17-cv-03950-RBS (E.D. Pa.) (final approval granted for $4,900,000 settlement on behalf of approximately 2,200 Consultants)

Oshikoya v. Leidos Health, LLC, No. 1:17-cv-3237 (S.D. Ind.) (final approval granted for $6,100,000 settlement on behalf of approximately 1,090 Consultants)

Kiley v. MedFirst Consulting Healthcare Staffing, LLC, 297 F. Supp. 3d 1260 (N.D. Ala. 2018) (conditional certification granted for nationwide collective of over 900 healthcare consultants)

Education

Columbia Law School, J.D.
Boston College, BA in Political Science and Economics, cum laude

Bar and Court Admissions

Member, State Bar of Massachusetts, 2015

Admitted to practice before the U.S. District Court of Massachusetts

Other Industries

Independent contractor misclassification

Unfortunately, independent contractor misclassification spans many industries.  We are investigating allegations of independent contractor misclassification in a variety of fields. We recently settled a case against Harvard University for misclassifying workers as independent contractors.  If you have worked anywhere in the country in any industry and believe you have been misclassified, please contact us to discuss your options.

Franchisees Win Major Victory On Appeal Against 7-Eleven
Forbes | March, 2019

Amazon, Drivers Duel Over Arbitrability Of FLSA Action
Law360 | March, 2019

Harvard Settles Lawsuit, Will Change Labor Policy
The Harvard Crimson | March, 2018

Shannon Liss-Riordan Sues Harvard on Behalf of Massage Therapists
JDJournal | January, 2016

Massage Therapist Files Class Action Lawsuit Against Harvard
The Harvard Crimson | January, 2016

Marketing and Call Center Workers

Independent contractor misclassification

We have filed lawsuits against a number of marketing and customer service outsourcing companies who purport to treat their marketing and customer service reps as independent contractors, paying them by commissions or piece rate, and failing to pay any overtime or training. These companies also require the workers to pay for their own expenses. There have been a number of court rulings finding such arrangements to violate federal and state wage and hour law, because these workers are really employees subject to the protections of the wage and hour laws.