729 Boylston Street, Suite 2000
Boston, Massachusetts 02116
(617) 994-5800 | firstname.lastname@example.org
Matthew Patton is a committed advocate for economic and social justice who represents workers in wage and hour litigation, employment discrimination matters, and labor disputes in state and federal courts and before administrative agencies. He is currently engaged in a number of collective and class actions and individual employment matters involving workers across industries in the private and public sectors.
Prior to joining Lichten & Liss-Riordan, Matt developed and litigated healthcare fraud recovery actions under the federal False Claims Act and RICO Act.
While in law school, Matt assisted the City of Boston in enforcing landlord compliance with low-income rental restrictions to ensure tenants were not being taken advantage of. Prior to practicing law, Matt worked to advance issues critical to reducing income inequality, such as an increase to the minimum wage, paid sick leave, and universal pre-kindergarten. Throughout his adult life Matt has volunteered with the Special Olympics International—including assisting in the launch of their campaign to end discrimination against individuals with intellectual disabilities–Spread the Word to End the Word.
Troopers sue Mass. State Police for alleged discrimination against new parents
Boston Globe | March, 2022
New England Law Boston, J.D., 2018
The Catholic University of America, B.A., 2005
Member, State Bar of Massachusetts, 2018
Admitted to practice before the U.S. District Court of Massachusetts
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. .
Drexel University Thomas R. Kline School of Law, JD, summa cum laude, 2012
University of Maryland – College Park, cum laude, Phi Beta Kappa, 2009
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 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.
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)
Harvard Law School, J.D., cum laude, 2007
Tufts University, B.A., summa cum laude, 2001
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.
Zach Rubin is a committed employees’ rights advocate who represents workers in wage and hour litigation, employment discrimination matters, and labor disputes in state and federal courts and before administrative agencies. He is currently engaged in a number of collective and class actions and individual employment matters involving workers across industries in the private and public sectors.
Zach has practiced labor and employment law since graduating from law school and previously worked for a prominent union-side law firm in Connecticut and as in-house counsel at a labor union in Connecticut. Zach enjoys the breadth of factual and legal issues that labor and employment attorneys must grapple with and has played key roles in litigation victories for his clients, including a 2017 case establishing that the employment protections in Connecticut’s medical marijuana statute are not preempted by federal law (the first time a federal court ruled on such an issue).
During law school, Zach worked as a law clerk at a union-side labor law firm in New York City and interned at Actors’ Equity Association, the National Labor Relations Board (Region 2), the New York State Supreme Court (trial level), and the NYC Office of Collective Bargaining. Additionally, Zach has long appreciated the importance of Alternative Dispute Resolution (“ADR”) in modern legal practice and served as Co-President of Brooklyn Law School’s ADR Society.
Zach was named a Massachusetts Rising Star in 2021 and 2022 by Thomson Reuters’ Super Lawyers.
Brooklyn Law School, J.D., 2015
Cornell University, B.S. in Industrial and Labor Relations, 2012
Member, State Bar of Massachusetts, 2019
Member, State Bar of Connecticut, 2016
Member, State Bar of New York, 2016
Member, State Bar of New Jersey, 2015
Admitted to practice before the U.S. District Court of Massachusetts, U.S. District Court of Connecticut, U.S. District Court for the Southern District of New York, U.S. District Court of New Jersey, and the U.S. Court of Appeals for the First, Second, Third, and Fifth Circuit.
Michelle Cassorla is a committed public interest attorney who represents employees in wage and hour class action litigation.
Prior to joining Lichten & Liss-Riordan, Michelle was an associate at a union-side labor law firm in Washington, DC. She previously worked at Bread for the City, an anti-poverty non-profit, representing low-income DC residents in family law cases. Michelle also served as a law clerk for the Honorable Neal E. Kravitz of the Superior Court of the District of Columbia.
While in law school, Michelle represented individuals in unemployment benefit appeals as a student attorney in the Community Justice Project clinic. She also worked as an intern at the Lawyers’ Committee for Civil Rights Under Law, at a plaintiff-side employment discrimination firm, and in the Department of Justice Civil Rights Division. Michelle also served as an Executive Articles Editor for the Georgetown Journal on Poverty Law and Policy. Before law school, Michelle worked on a political campaign and in campaign consulting.
Georgetown University Law Center, J.D., cum laude, 2013
Cornell University, B.A., summa cum laude in Government and with distinction in all subjects, 2007
Member, State Bar of Massachusetts, 2013
Member, State Bar of District of Columbia, 2015
Member, State Bar of New Jersey, 2017
Admitted to practice before the U.S. District Court of Massachusetts, U.S. District Court of District of Columbia, and U.S. District Court of New Jersey
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. Olena has focused on FLSA wage and hour actions in a variety of industries.
Olena began her work in wage and hour actions at the Harvard Legal Aid Bureau, where she represented dry cleaning and restaurant workers. As a student at Columbia Law School, Olena helped prepare and present a report to New York State agency members and legislators as part of the Lawyering in the Digital Age Clinic and took part in the 2013 National Native American Law Students Association moot court competition.
During college, Olena worked as a paralegal, gaining significant experience in civil discovery and trial preparation. Olena is fluent in Spanish and Russian.
Columbia Law School, J.D.
Boston College, BA in Political Science and Economics, cum laude
Member, State Bar of Massachusetts, 2015
Admitted to practice before the U.S. District Court of Massachusetts
Harold Lichten is a founding partner of the firm and has been practicing labor and employment law for over 40 years. His practice now focuses on employment related class actions and individual litigation involving the misclassification of employees as independent contractors; failure to pay wages and overtime; discrimination; and wrongful termination. Since the beginning of his career as a legal services lawyer fighting for the rights of low-income workers, Mr. Lichten has been deeply committed to the field of civil rights and equal employment opportunity. He has been lead or co-counsel in landmark employment discrimination, wage and hour, and independent contractor misclassification cases throughout the United States. He has successfully argued appeals before the Supreme Court’s of Maine, Massachusetts, Hawaii, and New Jersey, and in the United States Court of Appeals for the First, Third, Seventh, Sixth, Eleventh and Ninth Circuits. In 2003 and 2015 he was named a Massachusetts Lawyer of the Year for his work in challenging the discriminatory hiring practices of police and fire departments within the state. Bradley v City of Lynn et al 443 F. Supp. 2d 145 (D. Mass); Smith v City of Boston 144 F. Supp. 3d 177 (D. Mass. 2015).
In 2017, his case Gannon vs City of Boston 476 Mass. 786 (2017), established that employers could not discriminate against disabled workers, unless they could prove the worker posed a significant risk of harm to themselves or others. In 2015, in the landmark case of Hargrove vs Sleepy`s , he successfully argued for the adoption of the strict ABC test in New Jersey for determining independent contractor misclassification, and later succeeded in having the US Court of Appeals for the Third Circuit, reverse the denial of class certification in that same case. 947 F3d 467 (2020).
In a series of cases, before the US Courts of Appeal for the Seventh, Third, First and Ninth Circuits, he successfully defended state wage act claims, against arguments that they were preempted by federal law, or subject to arbitration under the Federal Arbitration Act. Bedoya v. Am. Eagle Express Inc., 914 F.3d 812, 815 (3d Cir. 2019), Waithaka v. Amazon.com, Inc., 966 F.3d 10 (1st Cir. 2020).
Mr. Lichten and his firm, are currently actively involved in litigating cases across the country, on behalf of delivery drivers, cable and satellite TV installers, salespersons, and marketers improperly classified as independent contractors, and thereby denied wages and overtime. They are also litigating cases involving chain stores and service stations which have improperly classified their store managers as exempt from overtime.
Mr. Lichten currently splits his time between New England and South Carolina and actively litigates cases across the United States.
Pace v. City of Lynn, Case No. 11-01360, slip op. (Essex Super. Ct., June 6, 2014) (whistleblower case involving city employee with a multi-million dollar verdict won for plaintiff)
Martins, et al. v. 3PD, Inc., 2013 WL 1320454 (D. Mass 2013) (won class certification and summary judgment that appliance delivery drivers were employees, not independent contractors)
Sam Hargrove, et al. v. Sleepy’s, et al., Case Nos. 12-2541/12-2542 (3rd Cir. 2013) (won reversal and remand of decision finding New Jersey truck drivers to be independent contractors, not employees of Sleepy’s)
Scantland, et al. v. Jeffry Knight, Inc., et al., 721 F.3d 1308 (11th Cir. 2013) (reversing trial court ruling that cable installers were properly classified as independent contractors)
Lopez, et al. v. Commonwealth of Massachusetts, 463 Mass. 696 (2012) (Supreme Court of Massachusetts reversed lower court decision and held that the Commonwealth of Massachusetts may be held liable under state discrimination law for constructing discriminatory promotional exams)
Amero v. Townsend Oil Company, 2008 WL 5609064 (Mass. Super. 2008) (in one of the first decisions issued under the Massachusetts Independent Contractor statute, the court held as a matter of law that an oil delivery employee had been wrongfully misclassified as an independent contractor)
Welch v. Town of Stoughton, 542 F.3d 927 (1st Cir. 2008) (won appeal and jury verdict finding that the Town of Stoughton had violated the First Amendment and whistleblower rights of a sergeant in the Town’s police department)
Bradley et al. v. City of Lynn et al., 403 F.Supp.2d 161 (D.Mass. 2005) (a successful class action lawsuit which resulted in a finding that the entry-level civil service examination for fire fighters in the Commonwealth of Massachusetts discriminated against minority candidates)
Quinn v. City of Boston, 325 F.3d 18 (1st Cir. 2003) (striking down Boston’s 30-year-old hiring system for fire fighters as discriminatory)
Sprague v. United Airlines, Inc., 2002 WL 1803733 (D.Mass. 2002) (won an 18-day disability discrimination trial, proving that United Airlines unlawfully rejected an applicant for an airline mechanic position because he was deaf, resulting in judgment of more than $1 million)
Dahill v. Police Dept. of Boston, 434 Mass. 233 (2001) (establishing the legal definition of a disability in Massachusetts and won a jury trial verdict of close to $1 million for a police officer wrongfully denied hiring because of a disability)
Maine Human Rights Commission v. City of Auburn, 408 A.2d 1253 (Maine 1979) (landmark sex discrimination case requiring the hiring of the City’s first female police officer)
Mr. Lichten was named a 2003 and 2015 Lawyer of the Year by Massachusetts Lawyers Weekly.
Boston police lieutenant exam discriminated against minorities, judge says
The Boston Globe | July, 2017
Judge rules Boston police exam discriminated against minorities
The Boston Globe | November, 2015
Court suspends probation officer demotions
The Boston Globe | August, 2015
MCAD ruling supports black Worcester officers passed over for promotion
Telegram & Gazette | July, 2015
NJ’s Definition of ‘Employee’ Revives Sleepy’s Class Suit
New Jersey Law Journal | May, 2015
Fired official wins suit vs. city
The Boston Globe | June, 2014
Black police officials sue city
The Boston Globe | February, 2012
Police hit with bias decision; Two officers may be due ‘millions’
Worcester Telegram | November, 2011
Endo Sales Reps Win Conditional Cert. For OT Suit
Law 360 | June, 2011
Sebring men sue MasTec for OT pay
Tampa Bay Online | June, 2010
Contractors cry foul over benefit-excluding system
St. Petersburg Times | December, 2009
Independent contractor decision has lawyers wary
Mass Lawyers Weekly | December, 2008
Judge says firefighter tests biased and unfair
The Boston Globe | August, 2006
Organized labor of love
The Boston Globe | February, 2005
New York University School of Law, J.D., 1977
University of Pennsylvania, B.A., 1974
Member, National Employment Lawyers Association
Member, AFL-CIO Lawyers Coordinating Committee
Member, State Bar of Massachusetts, since 1987
Admitted to practice before the U.S. Supreme Court, U.S. District Court of Massachusetts, U.S. District Court of Maine, the U.S. Court of Appeals, First, Second, Third, Fourth, Sixth, Seventh, Ninth, Eleventh, and D.C. Circuits.
Labor unions, wage and hour class actions, wrongful termination, employment discrimination
Shannon Liss-Riordan is widely recognized as one of the nation’s top plaintiffs’ class action employment lawyers. She has reshaped industries through her pioneering successes representing tipped workers, employees misclassified as independent contractors, and low wage workers who have been denied overtime, minimum wage, and other wage protections. Best Lawyers in America has called her “the reigning plaintiffs’ champion” (2013) and has said she is “probably the best known wage class action lawyer on the plaintiff side in this area, if not the entire country” (2015). Massachusetts Lawyers Weekly described her on its “Power List” (2009) as a “Tenacious class-action plaintiffs’ lawyer [who] strikes fear in big-firm employment attorneys throughout Boston with her multi-million-dollar victories on behalf of strippers, waiters, skycaps and other non-exempt employees.” Politico named her to its guide to the “Top 50 thinkers, doers and visionaries transforming American politics in 2016”. San Francisco Magazine has said that “Liss-Riordan has achieved a kind of celebrity unseen in the legal world since Ralph Nader sued General Motors.”
For more than 20 years, Ms. Liss-Riordan has brought and won groundbreaking lawsuits that have shaped the law protecting workers in the food service, cleaning, adult entertainment, trucking, and other industries. A decade ago, she pioneered litigation representing workers in a number of cases against “gig economy” companies that save on labor costs by misclassifying employees as independent contractors. She represents employees nationally, at the trial court and appellate levels, including seven landmark victories at the Massachusetts Supreme Judicial Court. Some of her most notable cases include victories against Starbucks, FedEx, and American Airlines. Fifteen years ago, she began the legal strategy of filing mass arbitrations against employers who use arbitration agreements to protect themselves from class actions. The Boston Globe has profiled her work twice as a “legal champion” fighting for the rights of low wage workers, and she has also been profiled in such publications as the Wall Street Journal, Mother Jones, and the LA Times.
A graduate of Harvard Law School and Harvard College, Ms. Liss-Riordan co-founded Lichten & Liss-Riordan, P.C. in 2009. Previously she was a partner at a plaintiff-side employment and union law firm in Boston where she worked for more than 10 years after clerking for a federal court judge for two years following law school. In 2019, Ms. Liss-Riordan ran for the U.S. Senate in the Democratic primary for Massachusetts. In 2022, she ran to be Massachusetts Attorney General, a campaign in which she was endorsed by the Massachusetts AFL-CIO, Senator Elizabeth Warren, Boston Mayor Michelle Wu, and many other elected officials and labor unions.
Trailblazing Women In Labor Law – Shannon Liss-Riordan
Law360 | March, 2022
Worker Rights Atty Blazes Trail With Whole Foods, Uber Cases
Law360 | July, 2020
Harvard Magazine | March – April, 2017
Uber’s Worst Nightmare
San Francisco Magazine | May, 2016
Meet the attorney suing Uber, Lyft, GrubHub and a dozen California tech firms
LA Times | January, 2016
Meet “Sledgehammer Shannon,” the Lawyer Who Is Uber’s Worst Nightmare
Mother Jones | December, 2015
Meet the Boston Lawyer Who’s Putting Uber on Trial
Wall Street Journal | November, 2015
‘Sledgehammer Shannon:’ The attorney taking on Uber and others in the sharing economy
Bizwomen | September, 2015
What Strippers Can Teach Uber
Medium | April, 2015
Lawyer fights for low-wage workers’ rights
Boston Globe | December, 2012
Skycaps and waiters find a legal champion
Boston Globe | April, 2008
Top Women of Law, Circle of Excellence, Massachusetts Lawyers Weekly (2021)
Employee Attorney of the Year (national), Benchmark Litigation (2020)
Robert Morris, Sr. Award for Courage in Litigation, American Board of Trial Advocates, Massachusetts Chapter (2020)
“Top 50 thinkers, doers and visionaries transforming American politics”, Politico (2016)
Top Women of Law, Massachusetts Lawyers Weekly (2014)
Best Lawyers in America (each year since 2008)
Massachusetts Super Lawyers (each year since 2005)
Lawyer of the Year, Massachusetts Lawyers Weekly (2002)
Patel v. 7-Eleven, Inc., 489 Mass. 356 (2022) (Massachusetts Supreme Judicial Court held that franchisees may be employees for purposes of the Wage Act, overturning district court decision that held federal law to preempt Massachusetts law)
Lohnn v. International Business Machines, Inc. (IBM), C.A. No. 21-cv-6379 (S.D.N.Y. Jan. 4, 2022), motion to stay denied, No. 22-32 (2d Cir. Feb. 8, 2022) (ordering the unsealing of documents in age discrimination case that IBM attempted to keep hidden through arbitration confidentiality agreement, including highly incriminating emails in which executives disparaged older workers as “dinobabies” and plotted how to make them “an extinct species”)
Lawson v. GrubHub, No. 18-15386 (9th Cir. 2021) (reinstating case challenging GrubHub’s misclassification of drivers in first and only case to date to go to trial against “gig economy” company)
Vazquez v. Jan-Pro Franchising Int’l, 10 Cal.5th 944 (2021) (California Supreme Court decided that landmark Dynamex ABC test applies retroactively); 986 F.3d 1106 (9th Cir. 2021), 923 F.3d 575 (9th Cir. 2019) (in a now 14-year-old case, holding that landmark Dynamex decision applies to misclassification claims against “cleaning franchisor”and applies to top-tier company in multi-tier “fissured employment” scheme; providing guidance on strength of ABC test for employment misclassification; and reinstating wage claims on behalf of janitors who challenged paying for their jobs and other wage violations)
Medina v. Equilon Enterprises, Inc., 68 Cal.App.5th 868 (Cal. Ct. App. 2021) (Court of Appeal reversed summary judgment for Shell, holding that it could be liable for wage violations committed by intermediary entity)
Rittmann v. Amazon.com, Inc., No. 2020 WL 4814142 (9th Cir. 2020) (in nationwide case challenging driver misclassification, affirming denial of motion to compel arbitration, holding Amazon drivers to be exempt from Federal Arbitration Act under transportation worker exemption)
Waithaka v. Amazon.com, Inc., No. 966 F.3d 10 (1st Cir. 2020) (in Massachusetts case challenging driver misclassification, affirming denial of motion to compel arbitration, holding Amazon drivers to be exempt from Federal Arbitration Act under transportation worker exemption, as well as state law)
O’Grady v. Merchant Exchange Productions, Inc., 41 Cal.App.5th 771 (2019) (holding that mandatory service charges may be gratuities under Calforrnia Labor Code)
Haitayan v. 7-Eleven, Inc., No. 18-55462, (9th Cir. 2019) (reinstating wage claims against 7-Eleven and reversing district court’s denial of injunction for plaintiffs and potential class members facing choice of pursuing wage claims or keeping their jobs)
Maplebear dba Instacart v. Busick, 26 Cal.App.5th 394 (Cal. Ct. App. 2018) (rejecting attempt to vacate arbitrator award certifying wage class action on behalf of Instacart drivers)
Khanal v. San Francisco Hilton, Inc., No. 15-15493 (9th Cir. 2017) (banquet employees could bring claim for service charges not distributed to them, reversing order holding wage claims brought by union employees preempted by LMRA)
Williams v. Jani–King, 837 F.3d 314 (3d Cir. 2016) (affirming class certification in case challenging cleaning workers’ classification as independent contractor “franchisees” under Pennsylvania law)
Marzuq v. Cadete Enterprises, Inc., 2015 U.S. App. LEXIS 21301 (1st Cir. 2015) (Dunkin Donuts general managers could be eligible for time-and-a-half overtime pay by proving management was not their primary duty, distinguishing 1982 Burger King precedent, which had held fast food managers to be overtime-exempt)
Travers v. Flight Systems & Services, 2015 U.S. App. LEXIS 21671 (1st Cir. 2015) (affirming jury verdict in favor of skycap who was terminated in retaliation for leading class action wage complaint challenging policy affecting skycaps’ tips and reinstating claim for front pay)
Depianti v. Jan-Pro Franchising International, 465 Mass. 607 (2013) (Supreme Judicial Court held that national cleaning company could be liable for misclassifying cleaning workers, notwithstanding that contracts were with intermediary companies)
Taylor v. Eastern Connection, 465 Mass. 191 (2013) (Supreme Judicial Court held that Massachusetts law could apply to work performed outside of the state, due to choice-of-law provision in workers’ contracts)
Matamoros v. Starbucks, 699 F.3d 129 (1st Cir. 2012) (Starbucks violated Massachusetts tips law by allowing supervisors to share in tip pool, resulting in $23.5 million settlement, removal of supervisors from tip pool, and $3/hour pay raise for supervisors)
Awuah v. Coverall North America, 460 Mass. 484 (2011) (Mass. SJC ruled that selling a job is illegal in Massachusetts; “franchisee” cleaning workers who were misclassified as independent contractors could recover refund of “franchisee fees”, insurance, and other deductions from their pay; ruling led to resolution of a number of cases against “cleaning franchise” companies in Massachusetts, reimbursement to thousands of workers, and transfer of cleaning accounts from companies to workers)
DiFiore v. American Airlines, 454 Mass. 486 (2009) (affirming verdict in favor of skycaps, holding that non-employer airline could be liable under Massachusetts tips law)
Chaves v. King Arthur’s Lounge (Mass. Super. 2007) (exotic dancers were misclassified as independent contractors; ruling led to series of successful cases against adult entertainment establishments in Massachusetts and nationally)
Skirchak v. Dynamics Research Corporation, Inc., 508 F.3d 49 (1st Cir. 2007) (class action waiver in employer’s mandatory arbitration policy was unenforceable)
Cooney v. Compass Group Foodservice, 69 Mass.App.Ct. 632 (2007) (Appeals Court held that servers were entitled as a matter of law to receive proceeds of service charges added to function bills)
Smith v. Winter Place LLC d/b/a Locke-Ober Co., Inc., 447 Mass. 363 (2006) (Supreme Judicial Court held that employees are engaged in protected activity, and cannot be retaliated against, when they raise internal complaints about alleged wage violations)
Gasior v. Massachusetts General Hospital, 446 Mass. 645 (2006) (Supreme Judicial Court held that discrimination claim survives the death of the plaintiff, including claim for punitive damages)
Norrell v. Spring Valley Country Club (Mass. Super. 2017) (class action jury verdict for waitstaff)
Travers v. Flight Systems & Services (D. Mass. 2014) (close to $1 million jury verdict in favor of skycap who was terminated in retaliation for bringing wage complaint about policy affecting skycaps’ tips)
DiFiore v. American Airlines (D. Mass. 2008) (jury verdict in favor of skycaps, finding that airline violated state tips law and interfered with skycaps’ relationship with passengers by charging $2 per bag and not allowing skycaps to keep the proceeds of the charge; verdict led to airline dropping charge nationwide) (damages award reversed on federal preemption grounds)
Benoit v. The Federalist, Inc. (Mass. Super. 2007) (class action jury verdict in favor of waitstaff who did not receive total proceeds of service charges added to function bills)
Bradley v. City of Lynn, 443 F.Supp.2d 145 (D.Mass. 2006) (class action verdict finding state civil service exam had disparate impact on minorities, resulting in statewide hiring of more than 60 minority firefighters and police officers)
Calcagno v. High Country Investor, Inc. d/b/a Hilltop Steakhouse (Mass. Super. 2006) (class action jury verdict finding management illegally skimmed servers’ gratuities)
Sprague v. United Airlines, Inc., 2002 WL 1803733 (D. Mass 2002) (judgment of $1.1 million in a discrimination case brought by deaf airline mechanic who had been denied employment based on disability)
Dahill v. Boston Police Department, 434 Mass. 233 (2001) (Supreme Judicial Court decided that Massachusetts law would diverge from federal law in prohibiting discrimination against individuals with correctable disabilities, resulting in hiring of hearing-impaired police officer candidate and jury verdict of nearly $1 million)
Harvard Law School, J.D., 1996
Harvard College, A.B., 1990
Member, State Bar of Massachusetts, 1999
Member, State Bar of New York, 1999
Member, State Bar of California, 2016
Admitted to practice before the U.S. Supreme Court and the U.S. Court of Appeal for the First, Second, Third, Sixth, Seventh, Ninth, and Eleventh Circuit.