H. Andrew Matzkin

H. Andrew Matzkin 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.

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 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.
• 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.
• 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.

EDUCATION :

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

ADMISSIONS : Massachusetts