Brendan is an experienced and creative litigator, advisor, and counselor to public, private, start-ups, and closely held companies. Brendan dedicates a 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 and restrictive covenant matters. Brendan also represents high-level executives in the negotiation of their employment agreements and compensation. 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 daily. 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 group, Brendan is a member of the Litigation group. He has experience litigating private equity matters, mergers and acquisitions, and commercial disputes.

Brendan is a lecturer on the ever-evolving federal and state employment laws, with a focus on presentations concerning wage and hour and restrictive covenant issues.

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

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Conference Recordings: Mintz's Annual Employment Law Summit

March 12, 2021 | Webinar | By Michael Arnold, David Barmak, Micha Mitch Danzig, Geri Haight, Andrew Matzkin, David Lagasse, Jennifer Rubin, Alexander Hecht, Danielle Bereznay, Delaney Busch, Corbin Carter, Emma Follansbee, Natalie C. Groot, Paul Huston, Brendan Lowd, Nicole Rivers, Richard Block

Mintz’s Annual Employment Law Summit brought together thought leaders to discuss the most pressing issues employers are facing in today’s unprecedented work environment. Attendees heard presentations on the continued impact of COVID-19; social justice and diversity, equity and inclusion initiatives; recent and anticipated changes to employment laws; and best practices for managing sensitive employee situations.

May 15, 2020 | Blog | By 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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