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.
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.
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 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.
- Employees v. City Utilities Agency: Represented city utilities agency in defending a complaint by current employees alleging harassment, discrimination and retaliation in violation of applicable state law.
- Former Employee v. International Travel Company: Represented international travel company in defending complaint filed by former employee alleging sexual harassment, discrimination and harassment in violation of state and federal law.
- Former Executives v. International Security Company: Represented international security company in defending complaint filed by executives alleging sexual harassment and retaliation in violation of state and federal law.
- Former Employees v. International Security Company: Represented international security company in defending wage/hour class action based on alleged failure to pay Sunday Premium Pay under applicable state law.
- Current Employees v. International Translation Company: Represented international translation services company in defending wage/hour class action based on alleged failure to properly classify employees as exempt under the Fair Labor Standards Act and applicable state law.
- Former Employee v. International Life Sciences Company: Represented international life sciences company in defending claims by former employee of unlawful termination under federal Family and Medical Leave Act and California state analog.
- National Staffing Company v. Former Executive: Represented national staffing company in breach of contract action against former executive, successfully moving for preliminary injunction to prohibit executive from working at competitor and soliciting client accounts, ultimately leading to favorable case settlement.
- 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.
- 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 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.
- 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).
- 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.
- 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.
- 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.
- 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.
- 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. 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.
- 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. 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.
- Former Employee v. International Inbound Marketing and Sales Company: Represented international inbound marketing and sales company in defending complaint filed by former employee alleging retaliation and discrimination based on disability in violation of state and federal law.
viewpoints
Fertility Related Loss To Be Covered Under the Massachusetts Earned Sick Time Act
November 13, 2024 | Blog | By Andrew Matzkin, Danielle Dillon
Effective November 21, 2024, Massachusetts employees may take earned sick time to “address the employee’s own physical and mental health needs, and those of their spouse, if the employee or the employee’s spouse experiences pregnancy loss or a failed assisted reproduction, adoption, or surrogacy.”
Closing the Wage Act Door on Contingent Bonuses?: Massachusetts Court Holds Contingent Retention Bonus Not a “Wage” Under Massachusetts Wage Act
October 29, 2024 | Blog | By Andrew Matzkin
Earlier this year, we highlighted that the Massachusetts Wage Act (the “Wage Act”), while providing powerful protections to Massachusetts workers, does not apply to a profit-sharing arrangement tied to an employer’s overall profits. Now, another Massachusetts court—this time the District Court’s Appellate Division—has imposed an additional limitation in holding that the Wage Act does not apply to contingent retention bonuses.
EEOC Initiates Initial String of Lawsuits Under the Pregnant Workers Fairness Act
October 3, 2024 | Blog | By Delaney Busch, Andrew Matzkin
The Equal Employment Opportunity Commission (EEOC) has initiated enforcement of the Pregnant Workers Fairness Act (PWFA) following the release of its final rule and interpretative guidance in April 2024
Webinar Recording - Delta's Impact on Return to Office Plans
September 14, 2021 | Blog | By David Barmak, Natalie C. Groot, Andrew Matzkin, Nicole Rivers
Massachusetts COVID-19 Emergency Paid Sick Leave
June 7, 2021 | Blog | By Andrew Matzkin, Natalie C. Groot
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
Top 10 Questions Human Resources May Have When Their Company is Filing for Chapter 11 Protection
June 2, 2020 | Blog | By Andrew Matzkin, Kaitlin R. Walsh, William Kannel
Massachusetts Releases Reopening Plan & Business Requirements
June 1, 2020 | Blog | By Andrew Matzkin
Many Massachusetts businesses now have concrete guidance on the measures they are required to complete before reopening their workplaces, and a tentative timeline on when they might be able to reopen. Businesses must meet the required Mandatory Safety Standards for Workplaces (the “Safety Standards”) in order to reopen. Currently, only the Phase 1 standards have been released, with the release of other phase standards to follow as the plan progresses. In addition, as the plan progresses, the requirements for businesses in earlier phases will likely be updated as the public health emergency develops. Businesses should track updates from Massachusetts authorities going forward, including guidance from local jurisdictions.
Part Nine of the COVID-19 Roadmap Series: Ensuring Compliance – Leave Management
May 18, 2020 | Blog | By Corbin Carter, Natalie C. Groot, Michael Arnold, Andrew Matzkin
News & Press
Mintz is pleased to announce that 31 attorneys have been named Massachusetts Super Lawyers and 35 attorneys have been named Massachusetts Rising Stars for 2024.
The Best Lawyers in America 2025 Recognizes 184 Mintz Attorneys across 56 Practice Areas
August 15, 2024
187 Mintz attorneys have been recognized by Best Lawyers® in the 2025 edition of The Best Lawyers in America©. Notably, three Mintz attorneys received 2025 “Lawyer of the Year” awards, and 64 firm attorneys were included in the 2025 edition of Best Lawyers: Ones to Watch.
Twenty-Five Mintz Attorneys Named To Boston Magazine’s Top Lawyers List
November 21, 2023
BOSTON – Twenty-five Mintz attorneys have been named to Boston Magazine’s Top Lawyers list.
Fifty-Nine Attorneys Recognized as 2023 Massachusetts Super Lawyers and Rising Stars
October 12, 2023
Mintz is pleased to announce that 32 attorneys have been named Massachusetts Super Lawyers and 27 attorneys have been named Massachusetts Rising Stars for 2023.
Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.
Twenty-Eight Mintz Attorneys Named To Boston Magazine’s Top Lawyers List
November 22, 2022
In its second annual edition, 28 Mintz attorneys were named to Boston Magazine’s Top Lawyers list.
35 Mintz attorneys have been named Massachusetts Super Lawyers and 25 Mintz attorneys have been named Massachusetts Rising Stars for 2022.
Benchmark Litigation Recognizes 13 Mintz Attorneys As 2023 Litigation Stars
September 29, 2022
Benchmark Litigation has recognized 13 Mintz Members as “Litigation Stars” in its newly released 2023 guide to the leading litigation firms and lawyers in the U.S.
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.
The Top 10 Questions Human Resources Professionals May Have When Their Company is Filing for Chapter 11 Protection
August 19, 2020
Mintz Advises Partners In Health on Massachusetts COVID-19 Community Tracing Collaborative
April 08, 2020
Events & Speaking
Everything Life Sciences Companies Need to Know to Navigate the COVID-19 Pandemic
View the Webinar Recording
COVID-19 and the Workplace: Guidance Regarding Employment and Benefits Issues Facing Employers Now
View the Webinar Recording
The Massachusetts New and Improved Leave Laws: How to Avoid Penalties and Achieve Compliance
MassPay; AIM
Boston, MA
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.
Recognition & Awards
Best Lawyers in America: Litigation - Labor and Employment (2019-2025); Employment Law - Individuals (2023 - 2025)
Benchmark Litigation: Labor & Employment Star (2019 - 2023)
Boston Magazine Top Lawyers – Employment (2021-2024)
Massachusetts Super Lawyers: Employment & Labor List (2015 - 2024)
Recent Insights
Fertility Related Loss To Be Covered Under the Massachusetts Earned Sick Time Act
November 13, 2024| Blog|
