Ariel D.Cudkowicz
Partner
Labor & Employment
acudkowicz@seyfarth.com
PROFILE
EXPERIENCE
NEWS & INSIGHTS
ACCOMPLISHMENTS
Ariel partners with clients to manage day-to-day workplace challenges and design solutions that align with company business goals and culture. When litigation is necessary, he aggressively defends his clients.
More About Ariel
Employers are facing increasingly complex layers of federal, state, and local employment and wage and hour laws. With a wealth of experience both in and out of courtrooms, Ariel understands the real-life issues that play out in the workplace. He has the wisdom, creativity, and strategic depth to effectively tackle most operational challenges, and provide practical guidance and solutions.
Ariel's practice is focused on wage and hour collective and class actions, complex single-plaintiff employment discrimination litigation, and workplace advice and counseling. He manages a number of national portfolio client relationships, and has particular experience representing clients in the retail and hospitality industries in FLSA collective actions, and in the hospitality industry in class actions challenging the distribution of tips and service charges under state laws. Ariel also provides advice to Fortune 100 and Fortune 500 corporations on compliance with state and federal wage and hour laws and avoidance of litigation under those laws.
Ariel began his career as a commercial litigator before shifting to employment law. This experience provides him with an understanding of the potential impact of workplace and policy implementation decisions that go awry, and with the skills and confidence to advocate for clients faced with adversarial situations. He has defended single and multiplaintiff employment discrimination cases brought under federal and state laws, and employment-related breach of contract and tort claims. His litigation practice covers the full spectrum of litigation services, including litigation management, motion practice, jury trials, and appeals before federal and state courts and administrative agencies. Ariel also has a strong background in alternative dispute resolution proceedings, including arbitration, mediation, and conciliation encompassing most substantive areas of employment law.
Ariel was an early adopter of Lean Six Sigma for client service delivery. He helped develop process maps and technology that greatly enhance the services he provides to clients, along with data transparency to support proactive trend analysis. These processes and tools allow Ariel and clients to deeply analyze workplace trends by business unit, geography, and individual work sites, and to tailor proactive solutions to prevent workplace disputes.
Ariel enjoys being part of a firm that is willing to think creatively about the delivery of legal services, and work with clients on co-creation. Combined with the deep bench of subject matter experts and a collaborative team of legal professionals across the country and around the globe, Ariel is confident that he and his Seyfarth colleagues are unmatched in their ability to deliver what clients want with energy and excellence.
Ariel's practice is focused on wage and hour collective and class actions, complex single-plaintiff employment discrimination litigation, and workplace advice and counseling. He manages a number of national portfolio client relationships, and has particular experience representing clients in the retail and hospitality industries in FLSA collective actions, and in the hospitality industry in class actions challenging the distribution of tips and service charges under state laws. Ariel also provides advice to Fortune 100 and Fortune 500 corporations on compliance with state and federal wage and hour laws and avoidance of litigation under those laws.
Ariel began his career as a commercial litigator before shifting to employment law. This experience provides him with an understanding of the potential impact of workplace and policy implementation decisions that go awry, and with the skills and confidence to advocate for clients faced with adversarial situations. He has defended single and multiplaintiff employment discrimination cases brought under federal and state laws, and employment-related breach of contract and tort claims. His litigation practice covers the full spectrum of litigation services, including litigation management, motion practice, jury trials, and appeals before federal and state courts and administrative agencies. Ariel also has a strong background in alternative dispute resolution proceedings, including arbitration, mediation, and conciliation encompassing most substantive areas of employment law.
Ariel was an early adopter of Lean Six Sigma for client service delivery. He helped develop process maps and technology that greatly enhance the services he provides to clients, along with data transparency to support proactive trend analysis. These processes and tools allow Ariel and clients to deeply analyze workplace trends by business unit, geography, and individual work sites, and to tailor proactive solutions to prevent workplace disputes.
Ariel enjoys being part of a firm that is willing to think creatively about the delivery of legal services, and work with clients on co-creation. Combined with the deep bench of subject matter experts and a collaborative team of legal professionals across the country and around the globe, Ariel is confident that he and his Seyfarth colleagues are unmatched in their ability to deliver what clients want with energy and excellence.
Education
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Education
- JD, Georgetown University Law Center
Law and Policy in International Business Journal, editor
- BA, University of Rochester
Admissions
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Admissions
- Massachusetts
Courts
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Courts
- US Court of Appeals, First Circuit
- US District Court, District of Connecticut
- US District Court, District of Massachusetts
- US District Court, Western District of New York
Related Services
Related Services
- Employment
- Employment Litigation
- Trade Secrets, Computer Fraud & Non-Competes
- Wage Hour Audit, Assessment & Advice
- Workplace Arbitration & ADR
- ADA Title III & Public Access
- Wage Hour Class & Collective Actions
- Background Checking & Drug Testing
- Class & Collective Actions
- Wage Hour Government Compliance & Enforcement Actions
- Trial
Related Key Industries
Related Key Industries
EXPERIENCE
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EXPERIENCE
Representative Employment Cases
- Andrews v. Staples the Office Superstore East, Inc., Case No. 7:11CV00037 (W.D. VA) (successful summary judgment dismissal of hostile work environment claim based on sex and religion, as well as retaliation claim)
- Boston Restaurant Associates v. Power et al., Case No. 07-01495 (Essex Superior Court, MA) (complex multi-party sexual harassment case)
- Cuddyer v. Stop & Shop Supermarket Company, Case No. 97-01816 (Norfolk Superior Court, MA) (complex single plaintiff sexual harassment case)
- Cherrette v. Staples, Inc., Case No. 10-CV-777 (Merrimack Superior Court, NH) (New Hampshire Whistleblower protection case)
- Day v. Staples, Inc., Appeal No. 08-1689 (U.S. Court of Appeals for the First Circuit) (successful appeal of summary judgment dismissal of complex Sarbanes-Oxley whistleblower protection case)
- Fuhrmann v. Staples, Inc., Case No. Yor-11-551 (Maine Supreme Judicial Court) (successful appeal from summary judgment dismissal of Maine Human Rights claim and retaliation claim)
- Heggie v. The TJX Companies, Inc., Case No. 11-2914 (Middlesex Superior Court, MA) (successful dismissal of ADA, FMLA and state law disability discrimination and contract claims)
- Hemedi v. Staples, Inc., Case No. SUCV2010-05062 (Suffolk Superior Court, MA) (successful summary judgment dismissal of race discrimination and retaliation claims)
- Mann v. Staples, Inc., Case No. A-5188-10T4 (Superior Court of NJ Appellate Div.) (successful appeal from summary judgment dismissal of sexual harassment and retaliation claims)
- Martignetti v. Stop & Shop Supermarket Company, Case No. 99-4921 (Suffolk Superior Court, MA) (complex single plaintiff national origin discrimination case)
- Noonan v. Staples, Inc., Appeal No. 07-2159 (U.S. Court of Appeals for the First Circuit) (successful appeal from summary judgment dismissal of complex breach of Stock Option Agreement and defamation case)
- Rockefeller v. TJ Maxx, et al., Civil Action No. 2012-2174-A (Worcester Superior Court, MA) (dismissal of common law causes of action including breach of employment contract, breach of implied covenant of good faith and fair dealing, promissory estoppel, fraud, intentional interference with advantageous business relations, intentional infliction of emotional distress, and civil conspiracy)
- Sheehan, et al. v. Marriott International, Inc., Appeal No. 10-P-1306 (Commonwealth of Massachusetts Appeals Court) (successful appeal from third party motion to intervene)
- Skidmore v. W.R. Grace, Case No. 03-2679 (Middlesex Superior Court, MA) (prevailed on injunctive relief in complex non-compete and non-solicitation case)
Representative Wage & Hour Cases
- Bodinaku et al. v. Marriott Hotel Services, Inc., Case No. 18-105A (Essex Superior Court) (Rule 23 class action alleging violation of Massachusetts Tip Statute)
- Archibald, et al. v. TJX Companies, Inc., Case No. 09-CV-2303 (S.D. NY) (FLSA collective action concerning misclassification claims of assistant store managers)
- Belghiti, et al. v. Select Restaurants, Inc. d/b/a Top of the Hub Restaurant & Skywalk, Case No. 10-12049 (D. Mass) (Partial summary judgment dismissal of a Rule 23 class action concerning eligibility of housemen to participate in service charge distribution under Massachusetts Tip Statute)
- Benoit, et al. v. The Federalist, Inc., Case No. 04-3516 (Suffolk Superior Court, MA) (Rule 23 class action concerning eligibility of banquet coordinator to participate in service charge distribution under Massachusetts Tip Statute)
- Bercovitz, et al. v. Linchris Hotel Corporation, Case No. 2014-02898-BLS (Suffolk Superior Court, MA) (Rule 23 class action alleging violation of Massachusetts Tip Statute and Minimum Wage Law)
- Bernson, et al. v. Massachusetts Port Authority et al., Case No. 06-CA11180 (E.D. MA)(FLSA collective action concerning entitlement to overtime for care and training of police work dogs)
- Bertrand, et al. v. Harvard Club of Boston, Case No. 11-04100 (Suffolk Superior Court, MA) (Rule 23 class action challenging use and distribution of surcharges, clubhouse function fees and holiday gift funds under Massachusetts Tip Statute)
- Bonisa, et al. v. Starwood Hotels & Resorts Worldwide, Inc., Case No. 09-1010 (Suffolk County Superior Court, MA) (Massachusetts Tip Statute and common law claims)
- Bontempi, et al. v. Texas Roadhouse, Inc., Texas Roadhouse Management Corp., Texas Roadhouse Holdings, LLC, and TR Ventures of South Carolina, LLC, Case No. 3:15-1587-TLW (D. S.C.) (FLSA collective action concerning alleged failure to pay minimum wage by requiring plaintiffs to participate in an invalid tip pool)
- Brown, et al. v. United Airlines, Inc., Case No. 1:08-CV-10689 (D. Mass.) (Successful dismissal of Rule 23 class action concerning application of Massachusetts Tip Statute to skycaps)
- Bullock, et al. v. The Ritz Carlton Hotel Company et al., Case No. 04-04379 (Suffolk Superior Court, MA) (Rule 23 class action concerning eligibility of banquet captains to participate in service charge distribution under Massachusetts Tip Statute)
- Butcher, et al. v. United Airlines, Inc. Case No. 1:09-CV-11681 (D. Mass.) (FLSA collective action concerning proper application of the tip credit to minimum wage obligations)
- Clark, et al. v. Legal Sea Foods, LLC, Case No. 2014-1026G (Suffolk Superior Court, MA) (defeat of class certification in Rule 23 class action concerning eligibility of bussers who roll silverware to participate in tip pool distribution under Massachusetts Tip Statute)
- DePina, et al. v. Marriott International, Inc., Case No. 03-5434 (Suffolk Superior Court, MA) (Partial summary judgment dismissal of a Rule 23 class action concerning eligibility of banquet captains to participate in service charge distribution under Massachusetts Tip Statute)
- Dilorio, et al. v. The Ritz Carlton Hotel Company et al., Case No. 07-0131 (Suffolk Superior Court, MA) (Rule 23 class action concerning eligibility of banquet captains to participate in service charge distribution under Massachusetts Tip Statute)
- Ellison, et al. v. NPS, Inc., Case No. 06-1577 (Middlesex Superior Court, MA) (Rule 23 class action challenging use and distribution of administrative fees for banquet operations under Massachusetts Tip Statute)
- Espinoza, et al. v. Zia Maria Restaurant, Inc. and Donato Frattaroli, Case No. 11-4138 (Suffolk Superior Court, MA) (Rule 23 class action concerning eligibility of banquet coordinator to participate in service charge distribution under Massachusetts Tip Statute)
- Friedlander, et al. v. The TJX Companies, Inc., Case No. 9:05-CV-80694 (S.D. Fl.) (FLSA collective action concerning misclassification claims of assistant store managers)
- Gaza, et al. v. South Shore Playhouse Associates, Case No. 05-2794 (Middlesex Superior Court, MA) (Rule 23 class action challenging distribution of gratuities from tip pool under Massachusetts Tip Statute)
- Hanna et al. v. Fitzpatrick Holdings, LLC and Jo Ann Fitzpatrick Brown, Case No. 12-0195 (Berkshire Superior Court, MA) (Partial dismissal and defeat of class certification in Rule 23 class action challenging distribution of service charges under Massachusetts Tip Statute)
- Hayes, et al. v. Aramark and The Boston Red Sox, Case No. 08-0749 (Suffolk Superior Court) (Dismissal of a Rule 23 class action challenging use and distribution of administrative fees for banquet operations under Massachusetts Tip Statute)
- Hernandez, et al. v. Hyatt Corporation, Case No. 05-0569 (Suffolk Superior Court, MA) (Partial summary judgment dismissal of a Rule 23 class action concerning eligibility of banquet captains to participate in service charge distribution under Massachusetts Tip Statute)
- Hough, et al. v. Select Restaurants, Inc., 05-1258 (Suffolk Superior Court, MA) (Rule 23 class action challenging distribution of service charges collected under Massachusetts Tip Statute)
- Jara, et al. v. The Federalist, Inc., Bovine, LLC, d/b/a Mooo Restaurant, 15 Beacon Street Corp., and Paul Roiff, Case No. 08-1893 (Suffolk Superior Court, MA) (Dismissal of a Rule 23 class action concerning ability of banquet coordinator to participate in service charge distribution under Massachusetts Tip Statute)
- Johnson, et al. v. Legal Sea Foods, LLC, Case No. 2015-00678 (Suffolk Superior Court, MA) (Rule 23 class action concerning eligibility of oyster shuckers to participate in tip pool distribution under Massachusetts Tip Statute)
- Kiran, et al. v. Legal Sea Foods, LLC, Case No. 1481CV07057 (Middlesex Superior Court, MA) (Rule 23 class action concerning eligibility of bussers who roll silverware to participate in tip pool distribution under Massachusetts Tip Statute)
- Laughlin, et al. v. Columbus Restaurant Group, LLC d/b/a Columbus Hospitality Group, Jamie Mammano, and Paul Roiff, Case No. 12-3626-H (Suffolk Superior Court) (Rule 23 class action alleging violation of Massachusetts Tip Statute and Minimum Wage law).
- Li et al. v. Patina Restaurant Group, LLC d/b/a Sea Grill, Case No. 1:17-CV-7058 (S.D. NY) (FLSA collective action concerning misclassification of claims of sous chefs)
- Lucas, et al. v. Ultima Framingham LLC and Ultima Skokie Management, LLC d/b/a Sheraton Framingham Hotel & Conference Center, Case No. 12-4529 (Middlesex Superior Court) (Rule 23 class action alleging violation of the Massachusetts Tip Statute and Minimum Wage Law)
- Malinski, et al. v. Starwood Hotels & Resorts Worldwide, Inc. et al., Case No. 1:08-CV-11859 (D. Mass.) (Rule 23 class action alleging violation of Massachusetts Tip Statute, Minimum Wage Law and common law claims)
- Masiello, et al. v. Marriott International, Inc., Case No. 06-05109 (Suffolk Superior Court, MA) (Partial dismissal of a Rule 23 class action concerning eligibility of banquet captains to participate in service charge distribution under Massachusetts Tip Statute)
- Masiello, et al. v. Marriott International, Inc., Case No. 08-4036 (Suffolk Superior Court, MA) (Successful summary judgment dismissal of a Rule 23 class action concerning distribution of service charges to room service employees)
- McCandless, et al. v. Staples, Inc., Case No. 1:07-CV-11850 RCL (D. Mass.) (FLSA collective action concerning misclassification claims of senior product sales specialists)
- Michalek, et al. v. The Boston Palm Corporation, Case No. 03-1334 (Suffolk Superior Court, MA) (Rule 23 class action concerning eligibility of banquet coordinator to participate in service charge distribution under Massachusetts Tip Statute)
- Miyasato, et al. v. Hyatt Corporation, et al., Civil Action No. 11-1-2596-10 (D. HI) (Rule 23 class action alleging violation of the Hawaii Tip Statute and Unfair Competition Statute)
- Mumejian, et al. v. S.J.S. enterprises, Inc., Case No. 3:13-cv-01163 (D. Ct.) (FLSA collective action concerning misclassification of assistant store managers and store managers)
- Myles-Thomas, et al. v. TJMaxx, Case No. 1:06-CV-1100 (W.D. Tenn.) (Off-the-clock work) (FLSA collective action concerning off-the-clock work and meal break violations)
- Pierce, et al. v. Intercontinental Hotels Group Resources, Inc., Case No. 11-3200 (Suffolk Superior Court, MA) (Rule 23 class action challenging service charge distribution under Massachusetts Tip Statute)
- Plenty, et al. v. The TJX Companies, Inc., Case No. 2:07-CV-1656 (N.D. Ala.) (FLSA collective action concerning misclassification claim of merchandise managers)
- Raghai, et al. v. Six Continents Hotels d/b/a Hotel Indigo, Case No. 10-3992 (Middlesex Superior Court, MA) (Rule 23 class action challenging distribution of service charges under Massachusetts Tip Statute)
- Ramsey, et al. v. McCormick and Schmicks, Case No. Case No. 09-1846 (Suffolk Superior Court, MA) (defense of Rule 23 class action challenging tip pooling practices and use of tip credit to pay less than minimum wage)
- Reid, et al. v. The TJX Companies, Inc., Case No. 04-CV-1247 (N.D. Ill.) (FLSA collective action and state law class action concerning off-the-clock work and meal break violations)
- Rodriguez, et al v. Starwood Hotels & Resorts Worldwide, Inc. d/b/a Westin Maui Resort & Spa, Civil Action No. 09-00016 (D. HI) (Rule 23 class action alleging violation of the Hawaii Tip Statute and Unfair Competition Statute)
- Ruiz, et al. v. Mardi Gras Entertainment, Inc. et al., Case No. 10-00034 (Hampden Superior Court, MA) (Rule 23 class action challenging independent contractor statutes of exotic dancers under G.L. c. 149, § 148B and other pay practices under Massachusetts Tip Statute)
- Sangster, et al. v. ZeroTurnaround USA, Inc. et al., Case No. 26-2936-BLS (Suffolk Superior Court, MA)(Rule 23 class action challenging exempt classification of business development representatives)
- Sheehan, et al. v. Marriott International, Inc., Case No. 08-1342 (Essex Superior Court) (Rule 23 class action concerning eligibility of banquet captains to participate in service charge distribution under Massachusetts Tip Statute)
- Smith, et al. v. Kawailoa Development LLP d/b/a Grand Hyatt Kauai Resort & Spa and Hyatt Corporation, Civil Action No. 11-00350 (D. HI) (Rule 23 class action removed to federal court alleging violation of the Hawaii Tip Statute and Unfair Competition Statute)
- Verdone, et al. v. Walgreen Eastern Co., Inc., Civil Action No. 06-01613 (Norfolk Superior Court) (Rule 23 class action alleging violations of Massachusetts wage and hour laws, including the “Blue Laws,” and common law claims)
- Walsh, et al. v. Foxy Lady, et al., Civil Action 10-1616 (Plymouth Superior Court) (Rule 23 class action challenging independent contractor status of exotic dancers under G.L. c. 149 § 148B and other pay practices under Massachusetts Tip Statute)
- Williams, et al v. VMTurbo, Inc. et al., Case No. 16-3671 (Suffolk Superior Court, MA) (Rule 23 class action challenging exempt classification of Account Executives)
- Williamson, et al. v. DT Management d/b/a Boston Harbor Hotel, Case No. 02-01824 (Middlesex Superior Court, MA) (Rule 23 class action concerning eligibility of catering and banquet personnel to participate in service charge distribution under Massachusetts Tip Statute)
- Wood, et al. v. ZC Management LLC et al., Case No. 3:07-30076 D. Mass.) (Rule 23 class action removed to federal court alleging violations of the Massachusetts Tip Statute and Payment of Wages law)
- Yarpah et al. v. Intercontinental Hotel Group et al., Case No. 1684CV02746-BLS (Suffolk Superior Court, MA) (Rule 23 class action challenging distribution of administrative fees under Massachusetts Tip Statute)
Related Trends
Related News & Insights
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Legal Update
Nov 15, 2024
Massachusetts PFML Update: DFML Releases New 2025 Rate Sheets, Poster and Employee Notices
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Blog Post
Nov 4, 2024
Tips from Seyfarth: Opinion Update – Fifth Circuit Clarifies Scope of its Decision Vacating 80/20 Rule
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Recognition
09/30/2024
Seyfarth Spotlighted for Diversity, Equity, & Inclusion by Massachusetts Lawyers Weekly
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Recognition
09/30/2024
Seyfarth’s Ariel Cudkowicz Recognized in 2024 Massachusetts Super Lawyers Top 10 List
Select Recognition
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Select Recognition
- Recognized as one of the "500 Leading Lawyers in America" by Lawdragon (2025)
- Listed in Best Lawyers in America (Woodward/White Inc.) for Employment Law - Management (2014-2025) and Litigation - Labor and Employment (2013-2025)
- Recognized for Labor & Employment (Massachusetts) by Chambers USA (2006-2024)
- Ranked in the Top 10 by Massachusetts Super Lawyers (Thomson Reuters (2018-2024)
- Named a Recommended Lawyer for Labor & Employment Litigation by The Legal 500 (Legalese Ltd.) (2011-2019, 2023)
- Recognized as a "Lawyer of the Year" lawyer by Best Lawyers in America for Employment Law - Management (Woodward/White Inc.) (2022)
- Recognized as one of the Leading US Corporate Employment Lawyers by Lawdragon (2021-2022)
- Listed in Super Lawyers, Massachusetts, New England, for Employment & Labor Law (Thomson Reuters) (2005, 2007-2019, 2021)
- Lexology Client Choice Award, Labor and Employment Law, Massachusetts (Law Business Research Ltd.) (2017)
Leadership & Professional Affiliations
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Leadership & Professional Affiliations
- American Bar Association
- Boston Bar Association, Labor & Employment Section
- College of Labor & Employment Lawyers fellow, 2011
- Massachusetts Bar Association, Labor & Employment Section
Publications
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Publications
- Co-Author, “Massachusetts PFML Update: DFML Releases New 2025 Rate Sheets, Poster and Employee Notices,” Legal Update, Seyfarth Shaw LLP (November 15, 2024)
- Co-Author, "Labor & Employment Law Daily Wrap Up, EXPERT INSIGHTS—Tips From Seyfarth: In a Major Win For Restaurants, Fifth Circuit Vacates DOL’s 80/20 Rule," Thomson Reuters Westlaw Today (September 3, 2024)
- Co-Author, "Massachusetts PFML Update: DFML Releases 2024 Poster and Updated Employee Notices," Legal Update, Seyfarth Shaw LLP (December 1, 2023)
- Co-Author, "Important Change to Massachusetts PFML Law: Employees May Supplement (Top Off) PFML Benefits with Vacation, PTO, and Sick Time," Legal Update, Seyfarth Shaw LLP (October 10, 2023)
- Co-Author, "Massachusetts PFML Update: DFML Increases Contribution Rates and Weekly Benefit Amount for 2024," Legal Update, Seyfarth Shaw LLP (October 4, 2023)
- Co-Author, "Massachusetts PFML Update: DFML Releases New 2023 Poster and Employee Notices," Legal Update, Seyfarth Shaw LLP (November 17, 2022)
- Co-Author, "Massachusetts PFML Update: Contribution Rates and Benefit Amounts for 2023," Legal Update, Seyfarth Shaw LLP (October 10, 2022)
- Co-Author, Mass-Peculiarities: An Employer’s Guide to Wage & Hour Law in the Bay State, 2022 Edition, Seyfarth Shaw LLP (2022)
- Co-Author, "Boston Enacts Vaccine Mandate to Enter Certain Businesses," Legal Update, Seyfarth Shaw LLP (December 20, 2021)
- Co-Author, "Massachusetts PFML Update: Notifying Employees of Changes in Contribution Rates and Benefit Amounts for 2022," Legal Update, Seyfarth Shaw LLP (December 7, 2021)
- Co-Author, "Massachusetts PFML Update: Contribution Rates and Benefit Amounts for 2022," Legal Update, Seyfarth Shaw LLP (October 7, 2021)
- Co-Author, "Massachusetts PFML Update: Employees May Begin To Use Paid Family Leave To Care For A Family Member on July 1, 2021," Legal Update, Seyfarth Shaw LLP (June 30, 2021)
- Co-Author, "Massachusetts Issues Mandatory COVID-19 Paid Sick Leave Notice For Employers," Legal Update, Seyfarth Shaw LLP (June 7, 2021)
- Co-Author, "Paid Leave and Coronavirus — Part 28: Massachusetts Governor Signs Law Providing COVID-19 Emergency Paid Sick Leave," Legal Update, Seyfarth Shaw LLP (June 3, 2021)
- Co-Author, "Massachusetts Governor Signs Law Providing COVID-19 Emergency Paid Sick Leave And Fix For Unemployment Insurance Solvency Rate," Legal Update, Seyfarth Shaw LLP (June 1, 2021)
- Co-Author, "Massachusetts To End Most COVID-19 Restrictions By May 29 and Lift State Of Emergency On June 15," Legal Update, Seyfarth Shaw LLP (May 17, 2021)
- Co-Author, "Boston Delays COVID-19 Reopening for Certain Industries," Legal Update, Seyfarth Shaw LLP (April 28, 2021)
- Co-Author, "Massachusetts Signals End-Date To COVID-19 Restrictions," Legal Update, Seyfarth Shaw LLP (April 27, 2021)
- Co-Author, "How the Consolidated Appropriations Act Impacts Unemployment Compensation Benefits," Legal Update, Seyfarth Shaw LLP (December 31, 2020)
- Co-Author, "Massachusetts Opens Applications For PFML Bonding Leave For 2020 Births Or Child Placements And Releases Emergency Regulations Modifying Bonding Leave Period For Acute Care Hospitals," Legal Update, Seyfarth Shaw LLP (December 31, 2020)
- Co-Author, "Massachusetts Imposes New Temporary COVID-19 Restrictions," Legal Update, Seyfarth Shaw LLP (December 24, 2020)
- Co-Author, "Massachusetts Increases COVID-19 Restrictions on Businesses and Reverts to Phase III, Step 1 of Reopening Plan," Legal Update, Seyfarth Shaw LLP (December 11, 2020)
- Co-Author, "Massachusetts Releases Updates And New Forms Regarding Paid Family And Medical Leave," Legal Update, Seyfarth Shaw LLP (December 2, 2020)
- Co-Author, "Massachusetts Issues New COVID-19 Restrictions Affecting Employers and Individuals," Legal Update, Seyfarth Shaw LLP (November 3, 2020)
- Co-Author, "Massachusetts DFML Releases Updates Regarding PFML Private Plan Exemption Renewals and Deadlines, and An Employer Toolkit," Legal Update, Seyfarth Shaw LLP (September 1, 2020)
- Co-Author, "Massachusetts Restricts Gatherings And Service Of Alcohol At Restaurants In Response To Uptick In COVID-19 Cases," Legal Update, Seyfarth Shaw LLP (August 10, 2020)
- Co-Author, "Massachusetts Legislature Considering Bills That Would Provide COVID-Related Paid Sick Time And Require Accommodations And Job Protection For Employees With COVID-Related Childcare Issues," Legal Update, Seyfarth Shaw LLP (August 5, 2020)
- Co-Author, "Massachusetts Department Of Public Health Issues Guidance For Travelers Subject To Mandatory Self-Quarantine," Legal Update, Seyfarth Shaw LLP (July 27, 2020)
- Co-Author, "Stay In or Pay Up: Massachusetts Governor Announces $500 Daily Penalty For Travel Order Violations," Legal Update, Seyfarth Shaw LLP (July 24, 2020)
- Co-Author, "Massachusetts Finalizes Amendments To PFML Regulations," Legal Update, Seyfarth Shaw LLP (July 21, 2020)
- Co-Author, "Massachusetts Reopening Guidance Updated For Several Sectors," Legal Update, Seyfarth Shaw LLP (July 15, 2020)
- Co-Author, "Massachusetts Governor Issues Phase 2 Reopening Order Along With Sector-Specific Guidance for Retail Stores and Childcare Programs," Legal Update, Seyfarth Shaw LLP (June 2, 2020)
- Co-Author, "Massachusetts Previews Mandatory Safety Standards For Restaurants And Hotels ," Legal Update, Seyfarth Shaw LLP (June 1, 2020)
- Co-Author, "Massachusetts Department of Family and Medical Leave Proposes Further Amendments to PFML Regulations and Announces Hearing Dates," Legal Update, Seyfarth Shaw LLP (May 20, 2020)
- Co-Author, "Massachusetts Department of Family and Medical Leave Issues Proposed Amendments to PFML Regulations," Legal Update, Seyfarth Shaw LLP (May 11, 2020)
- Co-Author, "Massachusetts Issues Guidance On Insured Private Paid Family And Medical Leave Plans," Legal Update, Seyfarth Shaw LLP (April 14, 2020)
- Co-Author, "Massachusetts Releases Updated Guidance On PFML Private Plan Exemption Process And New Bond Coverage Formulae," Legal Update, Seyfarth Shaw LLP (October 3, 2019)
- Co-Author, "Massachusetts DFML Clarifies Standard For Including 1099-MISC Workers In Workforce Count And Reverses Course On Their Inclusion In Quarterly Reports," Legal Update, Seyfarth Shaw LLP (September 6, 2019)
- Co-Author, Mass-Peculiarities: An Employer’s Guide to Wage & Hour Law in the Bay State, 4th Edition, Seyfarth Shaw LLP (June 19, 2019)
- Co-Author, "Department of Family and Medical Leave Releases Final PFML Regulations And New Template Worker Notice Forms," Management Alert, Seyfarth Shaw LLP (June 18, 2019)
- Co-Author, "Governor Signs Legislation Amending Massachusetts Paid Family And Medical Leave Law And DFML Extends Worker Notice And Private Plan Application Deadlines And Announces Updated Contribution Rates," One Minute Memo, Seyfarth Shaw LLP (June 17, 2019)
- Co-Author, "BREAKING NEWS!!! Massachusetts Governor And Legislative Leaders Agree To 3-Month Delay Of July 1st Paid Family And Medical Leave Contributions," One Minute Memo, Seyfarth Shaw LLP (June 12, 2019)
- Co-Author, "Breaking News—Massachusetts DFML Clarifies That Businesses Do Not Have To Provide Written Notice To 1099 Contractors Where Such Contractors Make Up 50% Or Less Of The Massachusetts Workforce," One Minute Memo, Seyfarth Shaw LLP (May 31, 2019)
- Co-Author, "Breaking News — Massachusetts DFML Confirms That Employers May Be Approved Now For Private Plans That Do Not Provide Paid Leave Benefits Until 2021," One Minute Memo, Seyfarth Shaw LLP (May 10, 2019)
- Co-Author, "Hot Off The Presses: Massachusetts DFML Just Announced Extension Of May 31st Notice Deadline And June 30th Exemption Application Deadline," One Minute Memo, Seyfarth Shaw LLP (May 1, 2019)
- Co-Author, "Massachusetts DFML Releases Private Plan Exemption Application And Guidance; Applications Due By June 30, 2019," Management Alert, Seyfarth Shaw LLP (April 30, 2019)
- Co-Author, "Massachusetts DFML Releases Template Paid Family And Medical Leave Notices And Sets May 31, 2019 Distribution Deadline," One Minute Memo, Seyfarth Shaw LLP (April 18, 2019)
- Co-Author, "Massachusetts Releases Updated Proposed Paid Family And Medical Leave Regulations—What You Need To Know," Management Alert, Seyfarth Shaw LLP (April 2, 2019)
- Co-Author, Employers' Guide to Massachusetts Wage & Hour Law, Seyfarth Shaw LLP (January 30, 2019)
- Co-Author, "Hot Off The Presses: Massachusetts Releases An Early Draft Of Its Paid Family And Medical Leave Regulations," Management Alert, Seyfarth Shaw LLP (January 24, 2019)
- Co-Author, "Governor Signs Massachusetts Paid Family And Medical Leave Law," One Minute Memo, Seyfarth Shaw LLP (June 28, 2018)
- Co-Author, "Medical Marijuana And Employment In Massachusetts," Massachusetts Bar Association, Lawyers Journal (March/April, 2018)
- Co-Author, "Massachusetts Supreme Judicial Court Rules That Employers May Need To Accommodate Off-Duty Medical Marijuana Use," Management Alert, Seyfarth Shaw LLP (July 18, 2017)
- Co-Author, “Massachusetts SJC Strikes a Blow to Massachusetts Independent Contractor Statute,” Management Alert, Seyfarth Shaw LLP (December 29, 2016)
- Co-Author, “Recreational Marijuana Use Becomes Legal In Massachusetts: Questions And Answers For Dazed And Confused Employers,” Management Alert, Seyfarth Shaw LLP (November 14, 2016)
- Co-Author, "3 Takeaways From EEOC V. Abercrombie Oral Arguments," Law 360 (February 27, 2015)
- Co-Author, "Key Takeaways from Oral Arguments in EEOC v. Abercrombie & Fitch," Management Alert, Seyfarth Shaw LLP (February 26, 2015)
- Co-Author, “First Circuit Upholds Massachusetts Mandatory Treble Damages Law, Affirms Class Certification, and Interprets Tip Pooling Law, “One Minute Memo, Seyfarth Shaw LLP (November 14, 2012)
- Co-Author, “Transgender Issues in the Workplace, ” Employment Law Strategist (September 2012)
- Co-Author, “Employer Rights and Responsibilities: Monitoring Employee Communication in the Workplace,” Insights Magazine (Winter 2011)
- Co-Author, “Top 10 Whistleblower Cases of 2010,” featured in NACD Directorship.com (January 14, 2011)
- Co-Author, “Winter Wonderland: Tips for Supplementing Your Workforce with Seasonal Employees,” Seyfarth Shaw Management Alert, featured in Bloomberg Law Reports (December 6, 2010)
- Co-Author, “Technology and Privacy in the Workplace: Monitoring Employee Communications After The Supreme Court’s Quon Decision, ” Boston Bar Journal (Fall 2010).
- “Strategies for Avoiding or Defending ADA ‘Drive-by’ Lawsuits,” NY Restaurant Insider (January 2006)
- Co-Author, “Does New Tip Statute in MA Solve this Problem,” Food Service East (Spring/Summer 2005)
Presentations
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Presentations
- "Massachusetts PFML Regulations 2.0: Dissecting The Newly Released Proposed Paid Family And Medical Leave Regulations," Webinar (April 3, 2019)
- "Breaking Down The Massachusetts Paid Family And Medical Leave Draft Regulations," Webinar, Seyfarth Shaw LLP (February 5, 2019)
- "The Massachusetts Paid Family And Medical Leave Law—What It Means For You," Webinar, Seyfarth Shaw LLP (June 28, 2018)
- "Let’s Be Blunt: Marijuana and the Workplace," Webinar, Seyfarth Shaw LLP (July 25, 2017)
- Co-Chair, American Conference Institute’s 14th National Forum on Wage & Hour Claims and Class Actions (January 2012)
- "Employment & Labor Law," MCLE Basics Plus Program (2010, 2011)
- "Independent Contractor v. Employee," MCLE Program (2010, 2011, 2012)
- "Regulation of Unpaid Internships: The Uncertain Future," The George Washington University Center for Civil Engagement and Public Service (2010)
- "Litigating Wage & Hour Cases," MCLE Program (2009, 2010, 2012)
- "New Massachusetts Wage & Hour Treble Damages Law: Litigation Avoidance is the First Line of Defense," The Greater Boston Hotel Human Resources Association (2008)
- "Wage and Hour Issues for Complex Workplace," Boston Bar Association (2008)
- "Chapter 80 of the Acts of 2008 – Implications to Your Practice and Business Operations," New England Labor Counsel (2008)
- "Winning Damages Claims in Employment Litigation," Boston Bar Association (2006)
- "The Americans with Disability Act," The Greater Boston Hotel Human Resources Association (2006)
- "Hot Topics in Employment Law," New England Corporate Counsel Association, Inc. (2005)
- "Hot Topics in Employment Law," Massachusetts Restaurant Association Foodservice and Lodging Exposition (2002-2003)
- "New Developments in U.S. Labor, Employment and Investigation Law," Government of Israel Economic Office in New England (2002)
- "Legal Issues Series: Wrongful Termination," Massachusetts Software Council (1999)
Civic & Charitable
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Civic & Charitable
- Families First board of directors
- Find the Cause Breast Cancer Foundation board of directors
- American Israel Public Affairs Committee (AIPAC) National Council
- Temple Emanuel Newton, Massachusetts trustee
- Combined Jewish Philanthropies (CJP) and Jewish Vocational Services (JVS) Scholarship Committee
- Seyfarth Shaw Charitable Foundation committee
Kudos
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Kudos
Ariel is acknowledged by clients as a "strategic and practical" lawyer who is "very knowledgeable and has strong client service skills." —From Chambers USA
Ariel "comes across as warm, gentle and compassionate, but he is also a fighter. His ability to grasp quickly and understand issues continues to impress me most of all. We couldn't ask for a better attorney." —Client feedback
Ariel is "very knowledgeable and a good listener." —From Legal 500
Ariel partners with clients to manage day-to-day workplace challenges and design solutions that align with company business goals and culture. When litigation is necessary, he aggressively defends his clients.
More About Ariel
Employers are facing increasingly complex layers of federal, state, and local employment and wage and hour laws. With a wealth of experience both in and out of courtrooms, Ariel understands the real-life issues that play out in the workplace. He has the wisdom, creativity, and strategic depth to effectively tackle most operational challenges, and provide practical guidance and solutions.
Ariel's practice is focused on wage and hour collective and class actions, complex single-plaintiff employment discrimination litigation, and workplace advice and counseling. He manages a number of national portfolio client relationships, and has particular experience representing clients in the retail and hospitality industries in FLSA collective actions, and in the hospitality industry in class actions challenging the distribution of tips and service charges under state laws. Ariel also provides advice to Fortune 100 and Fortune 500 corporations on compliance with state and federal wage and hour laws and avoidance of litigation under those laws.
Ariel began his career as a commercial litigator before shifting to employment law. This experience provides him with an understanding of the potential impact of workplace and policy implementation decisions that go awry, and with the skills and confidence to advocate for clients faced with adversarial situations. He has defended single and multiplaintiff employment discrimination cases brought under federal and state laws, and employment-related breach of contract and tort claims. His litigation practice covers the full spectrum of litigation services, including litigation management, motion practice, jury trials, and appeals before federal and state courts and administrative agencies. Ariel also has a strong background in alternative dispute resolution proceedings, including arbitration, mediation, and conciliation encompassing most substantive areas of employment law.
Ariel was an early adopter of Lean Six Sigma for client service delivery. He helped develop process maps and technology that greatly enhance the services he provides to clients, along with data transparency to support proactive trend analysis. These processes and tools allow Ariel and clients to deeply analyze workplace trends by business unit, geography, and individual work sites, and to tailor proactive solutions to prevent workplace disputes.
Ariel enjoys being part of a firm that is willing to think creatively about the delivery of legal services, and work with clients on co-creation. Combined with the deep bench of subject matter experts and a collaborative team of legal professionals across the country and around the globe, Ariel is confident that he and his Seyfarth colleagues are unmatched in their ability to deliver what clients want with energy and excellence.
Ariel's practice is focused on wage and hour collective and class actions, complex single-plaintiff employment discrimination litigation, and workplace advice and counseling. He manages a number of national portfolio client relationships, and has particular experience representing clients in the retail and hospitality industries in FLSA collective actions, and in the hospitality industry in class actions challenging the distribution of tips and service charges under state laws. Ariel also provides advice to Fortune 100 and Fortune 500 corporations on compliance with state and federal wage and hour laws and avoidance of litigation under those laws.
Ariel began his career as a commercial litigator before shifting to employment law. This experience provides him with an understanding of the potential impact of workplace and policy implementation decisions that go awry, and with the skills and confidence to advocate for clients faced with adversarial situations. He has defended single and multiplaintiff employment discrimination cases brought under federal and state laws, and employment-related breach of contract and tort claims. His litigation practice covers the full spectrum of litigation services, including litigation management, motion practice, jury trials, and appeals before federal and state courts and administrative agencies. Ariel also has a strong background in alternative dispute resolution proceedings, including arbitration, mediation, and conciliation encompassing most substantive areas of employment law.
Ariel was an early adopter of Lean Six Sigma for client service delivery. He helped develop process maps and technology that greatly enhance the services he provides to clients, along with data transparency to support proactive trend analysis. These processes and tools allow Ariel and clients to deeply analyze workplace trends by business unit, geography, and individual work sites, and to tailor proactive solutions to prevent workplace disputes.
Ariel enjoys being part of a firm that is willing to think creatively about the delivery of legal services, and work with clients on co-creation. Combined with the deep bench of subject matter experts and a collaborative team of legal professionals across the country and around the globe, Ariel is confident that he and his Seyfarth colleagues are unmatched in their ability to deliver what clients want with energy and excellence.
Education
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Education
- JD, Georgetown University Law Center
Law and Policy in International Business Journal, editor
- BA, University of Rochester
Admissions
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Admissions
- Massachusetts
Courts
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Courts
- US Court of Appeals, First Circuit
- US District Court, District of Connecticut
- US District Court, District of Massachusetts
- US District Court, Western District of New York
Related Services
Related Services
- Employment
- Employment Litigation
- Trade Secrets, Computer Fraud & Non-Competes
- Wage Hour Audit, Assessment & Advice
- Workplace Arbitration & ADR
- ADA Title III & Public Access
- Wage Hour Class & Collective Actions
- Background Checking & Drug Testing
- Class & Collective Actions
- Wage Hour Government Compliance & Enforcement Actions
- Trial
Related Key Industries
Related Key Industries
EXPERIENCE
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EXPERIENCE
Representative Employment Cases
- Andrews v. Staples the Office Superstore East, Inc., Case No. 7:11CV00037 (W.D. VA) (successful summary judgment dismissal of hostile work environment claim based on sex and religion, as well as retaliation claim)
- Boston Restaurant Associates v. Power et al., Case No. 07-01495 (Essex Superior Court, MA) (complex multi-party sexual harassment case)
- Cuddyer v. Stop & Shop Supermarket Company, Case No. 97-01816 (Norfolk Superior Court, MA) (complex single plaintiff sexual harassment case)
- Cherrette v. Staples, Inc., Case No. 10-CV-777 (Merrimack Superior Court, NH) (New Hampshire Whistleblower protection case)
- Day v. Staples, Inc., Appeal No. 08-1689 (U.S. Court of Appeals for the First Circuit) (successful appeal of summary judgment dismissal of complex Sarbanes-Oxley whistleblower protection case)
- Fuhrmann v. Staples, Inc., Case No. Yor-11-551 (Maine Supreme Judicial Court) (successful appeal from summary judgment dismissal of Maine Human Rights claim and retaliation claim)
- Heggie v. The TJX Companies, Inc., Case No. 11-2914 (Middlesex Superior Court, MA) (successful dismissal of ADA, FMLA and state law disability discrimination and contract claims)
- Hemedi v. Staples, Inc., Case No. SUCV2010-05062 (Suffolk Superior Court, MA) (successful summary judgment dismissal of race discrimination and retaliation claims)
- Mann v. Staples, Inc., Case No. A-5188-10T4 (Superior Court of NJ Appellate Div.) (successful appeal from summary judgment dismissal of sexual harassment and retaliation claims)
- Martignetti v. Stop & Shop Supermarket Company, Case No. 99-4921 (Suffolk Superior Court, MA) (complex single plaintiff national origin discrimination case)
- Noonan v. Staples, Inc., Appeal No. 07-2159 (U.S. Court of Appeals for the First Circuit) (successful appeal from summary judgment dismissal of complex breach of Stock Option Agreement and defamation case)
- Rockefeller v. TJ Maxx, et al., Civil Action No. 2012-2174-A (Worcester Superior Court, MA) (dismissal of common law causes of action including breach of employment contract, breach of implied covenant of good faith and fair dealing, promissory estoppel, fraud, intentional interference with advantageous business relations, intentional infliction of emotional distress, and civil conspiracy)
- Sheehan, et al. v. Marriott International, Inc., Appeal No. 10-P-1306 (Commonwealth of Massachusetts Appeals Court) (successful appeal from third party motion to intervene)
- Skidmore v. W.R. Grace, Case No. 03-2679 (Middlesex Superior Court, MA) (prevailed on injunctive relief in complex non-compete and non-solicitation case)
Representative Wage & Hour Cases
- Bodinaku et al. v. Marriott Hotel Services, Inc., Case No. 18-105A (Essex Superior Court) (Rule 23 class action alleging violation of Massachusetts Tip Statute)
- Archibald, et al. v. TJX Companies, Inc., Case No. 09-CV-2303 (S.D. NY) (FLSA collective action concerning misclassification claims of assistant store managers)
- Belghiti, et al. v. Select Restaurants, Inc. d/b/a Top of the Hub Restaurant & Skywalk, Case No. 10-12049 (D. Mass) (Partial summary judgment dismissal of a Rule 23 class action concerning eligibility of housemen to participate in service charge distribution under Massachusetts Tip Statute)
- Benoit, et al. v. The Federalist, Inc., Case No. 04-3516 (Suffolk Superior Court, MA) (Rule 23 class action concerning eligibility of banquet coordinator to participate in service charge distribution under Massachusetts Tip Statute)
- Bercovitz, et al. v. Linchris Hotel Corporation, Case No. 2014-02898-BLS (Suffolk Superior Court, MA) (Rule 23 class action alleging violation of Massachusetts Tip Statute and Minimum Wage Law)
- Bernson, et al. v. Massachusetts Port Authority et al., Case No. 06-CA11180 (E.D. MA)(FLSA collective action concerning entitlement to overtime for care and training of police work dogs)
- Bertrand, et al. v. Harvard Club of Boston, Case No. 11-04100 (Suffolk Superior Court, MA) (Rule 23 class action challenging use and distribution of surcharges, clubhouse function fees and holiday gift funds under Massachusetts Tip Statute)
- Bonisa, et al. v. Starwood Hotels & Resorts Worldwide, Inc., Case No. 09-1010 (Suffolk County Superior Court, MA) (Massachusetts Tip Statute and common law claims)
- Bontempi, et al. v. Texas Roadhouse, Inc., Texas Roadhouse Management Corp., Texas Roadhouse Holdings, LLC, and TR Ventures of South Carolina, LLC, Case No. 3:15-1587-TLW (D. S.C.) (FLSA collective action concerning alleged failure to pay minimum wage by requiring plaintiffs to participate in an invalid tip pool)
- Brown, et al. v. United Airlines, Inc., Case No. 1:08-CV-10689 (D. Mass.) (Successful dismissal of Rule 23 class action concerning application of Massachusetts Tip Statute to skycaps)
- Bullock, et al. v. The Ritz Carlton Hotel Company et al., Case No. 04-04379 (Suffolk Superior Court, MA) (Rule 23 class action concerning eligibility of banquet captains to participate in service charge distribution under Massachusetts Tip Statute)
- Butcher, et al. v. United Airlines, Inc. Case No. 1:09-CV-11681 (D. Mass.) (FLSA collective action concerning proper application of the tip credit to minimum wage obligations)
- Clark, et al. v. Legal Sea Foods, LLC, Case No. 2014-1026G (Suffolk Superior Court, MA) (defeat of class certification in Rule 23 class action concerning eligibility of bussers who roll silverware to participate in tip pool distribution under Massachusetts Tip Statute)
- DePina, et al. v. Marriott International, Inc., Case No. 03-5434 (Suffolk Superior Court, MA) (Partial summary judgment dismissal of a Rule 23 class action concerning eligibility of banquet captains to participate in service charge distribution under Massachusetts Tip Statute)
- Dilorio, et al. v. The Ritz Carlton Hotel Company et al., Case No. 07-0131 (Suffolk Superior Court, MA) (Rule 23 class action concerning eligibility of banquet captains to participate in service charge distribution under Massachusetts Tip Statute)
- Ellison, et al. v. NPS, Inc., Case No. 06-1577 (Middlesex Superior Court, MA) (Rule 23 class action challenging use and distribution of administrative fees for banquet operations under Massachusetts Tip Statute)
- Espinoza, et al. v. Zia Maria Restaurant, Inc. and Donato Frattaroli, Case No. 11-4138 (Suffolk Superior Court, MA) (Rule 23 class action concerning eligibility of banquet coordinator to participate in service charge distribution under Massachusetts Tip Statute)
- Friedlander, et al. v. The TJX Companies, Inc., Case No. 9:05-CV-80694 (S.D. Fl.) (FLSA collective action concerning misclassification claims of assistant store managers)
- Gaza, et al. v. South Shore Playhouse Associates, Case No. 05-2794 (Middlesex Superior Court, MA) (Rule 23 class action challenging distribution of gratuities from tip pool under Massachusetts Tip Statute)
- Hanna et al. v. Fitzpatrick Holdings, LLC and Jo Ann Fitzpatrick Brown, Case No. 12-0195 (Berkshire Superior Court, MA) (Partial dismissal and defeat of class certification in Rule 23 class action challenging distribution of service charges under Massachusetts Tip Statute)
- Hayes, et al. v. Aramark and The Boston Red Sox, Case No. 08-0749 (Suffolk Superior Court) (Dismissal of a Rule 23 class action challenging use and distribution of administrative fees for banquet operations under Massachusetts Tip Statute)
- Hernandez, et al. v. Hyatt Corporation, Case No. 05-0569 (Suffolk Superior Court, MA) (Partial summary judgment dismissal of a Rule 23 class action concerning eligibility of banquet captains to participate in service charge distribution under Massachusetts Tip Statute)
- Hough, et al. v. Select Restaurants, Inc., 05-1258 (Suffolk Superior Court, MA) (Rule 23 class action challenging distribution of service charges collected under Massachusetts Tip Statute)
- Jara, et al. v. The Federalist, Inc., Bovine, LLC, d/b/a Mooo Restaurant, 15 Beacon Street Corp., and Paul Roiff, Case No. 08-1893 (Suffolk Superior Court, MA) (Dismissal of a Rule 23 class action concerning ability of banquet coordinator to participate in service charge distribution under Massachusetts Tip Statute)
- Johnson, et al. v. Legal Sea Foods, LLC, Case No. 2015-00678 (Suffolk Superior Court, MA) (Rule 23 class action concerning eligibility of oyster shuckers to participate in tip pool distribution under Massachusetts Tip Statute)
- Kiran, et al. v. Legal Sea Foods, LLC, Case No. 1481CV07057 (Middlesex Superior Court, MA) (Rule 23 class action concerning eligibility of bussers who roll silverware to participate in tip pool distribution under Massachusetts Tip Statute)
- Laughlin, et al. v. Columbus Restaurant Group, LLC d/b/a Columbus Hospitality Group, Jamie Mammano, and Paul Roiff, Case No. 12-3626-H (Suffolk Superior Court) (Rule 23 class action alleging violation of Massachusetts Tip Statute and Minimum Wage law).
- Li et al. v. Patina Restaurant Group, LLC d/b/a Sea Grill, Case No. 1:17-CV-7058 (S.D. NY) (FLSA collective action concerning misclassification of claims of sous chefs)
- Lucas, et al. v. Ultima Framingham LLC and Ultima Skokie Management, LLC d/b/a Sheraton Framingham Hotel & Conference Center, Case No. 12-4529 (Middlesex Superior Court) (Rule 23 class action alleging violation of the Massachusetts Tip Statute and Minimum Wage Law)
- Malinski, et al. v. Starwood Hotels & Resorts Worldwide, Inc. et al., Case No. 1:08-CV-11859 (D. Mass.) (Rule 23 class action alleging violation of Massachusetts Tip Statute, Minimum Wage Law and common law claims)
- Masiello, et al. v. Marriott International, Inc., Case No. 06-05109 (Suffolk Superior Court, MA) (Partial dismissal of a Rule 23 class action concerning eligibility of banquet captains to participate in service charge distribution under Massachusetts Tip Statute)
- Masiello, et al. v. Marriott International, Inc., Case No. 08-4036 (Suffolk Superior Court, MA) (Successful summary judgment dismissal of a Rule 23 class action concerning distribution of service charges to room service employees)
- McCandless, et al. v. Staples, Inc., Case No. 1:07-CV-11850 RCL (D. Mass.) (FLSA collective action concerning misclassification claims of senior product sales specialists)
- Michalek, et al. v. The Boston Palm Corporation, Case No. 03-1334 (Suffolk Superior Court, MA) (Rule 23 class action concerning eligibility of banquet coordinator to participate in service charge distribution under Massachusetts Tip Statute)
- Miyasato, et al. v. Hyatt Corporation, et al., Civil Action No. 11-1-2596-10 (D. HI) (Rule 23 class action alleging violation of the Hawaii Tip Statute and Unfair Competition Statute)
- Mumejian, et al. v. S.J.S. enterprises, Inc., Case No. 3:13-cv-01163 (D. Ct.) (FLSA collective action concerning misclassification of assistant store managers and store managers)
- Myles-Thomas, et al. v. TJMaxx, Case No. 1:06-CV-1100 (W.D. Tenn.) (Off-the-clock work) (FLSA collective action concerning off-the-clock work and meal break violations)
- Pierce, et al. v. Intercontinental Hotels Group Resources, Inc., Case No. 11-3200 (Suffolk Superior Court, MA) (Rule 23 class action challenging service charge distribution under Massachusetts Tip Statute)
- Plenty, et al. v. The TJX Companies, Inc., Case No. 2:07-CV-1656 (N.D. Ala.) (FLSA collective action concerning misclassification claim of merchandise managers)
- Raghai, et al. v. Six Continents Hotels d/b/a Hotel Indigo, Case No. 10-3992 (Middlesex Superior Court, MA) (Rule 23 class action challenging distribution of service charges under Massachusetts Tip Statute)
- Ramsey, et al. v. McCormick and Schmicks, Case No. Case No. 09-1846 (Suffolk Superior Court, MA) (defense of Rule 23 class action challenging tip pooling practices and use of tip credit to pay less than minimum wage)
- Reid, et al. v. The TJX Companies, Inc., Case No. 04-CV-1247 (N.D. Ill.) (FLSA collective action and state law class action concerning off-the-clock work and meal break violations)
- Rodriguez, et al v. Starwood Hotels & Resorts Worldwide, Inc. d/b/a Westin Maui Resort & Spa, Civil Action No. 09-00016 (D. HI) (Rule 23 class action alleging violation of the Hawaii Tip Statute and Unfair Competition Statute)
- Ruiz, et al. v. Mardi Gras Entertainment, Inc. et al., Case No. 10-00034 (Hampden Superior Court, MA) (Rule 23 class action challenging independent contractor statutes of exotic dancers under G.L. c. 149, § 148B and other pay practices under Massachusetts Tip Statute)
- Sangster, et al. v. ZeroTurnaround USA, Inc. et al., Case No. 26-2936-BLS (Suffolk Superior Court, MA)(Rule 23 class action challenging exempt classification of business development representatives)
- Sheehan, et al. v. Marriott International, Inc., Case No. 08-1342 (Essex Superior Court) (Rule 23 class action concerning eligibility of banquet captains to participate in service charge distribution under Massachusetts Tip Statute)
- Smith, et al. v. Kawailoa Development LLP d/b/a Grand Hyatt Kauai Resort & Spa and Hyatt Corporation, Civil Action No. 11-00350 (D. HI) (Rule 23 class action removed to federal court alleging violation of the Hawaii Tip Statute and Unfair Competition Statute)
- Verdone, et al. v. Walgreen Eastern Co., Inc., Civil Action No. 06-01613 (Norfolk Superior Court) (Rule 23 class action alleging violations of Massachusetts wage and hour laws, including the “Blue Laws,” and common law claims)
- Walsh, et al. v. Foxy Lady, et al., Civil Action 10-1616 (Plymouth Superior Court) (Rule 23 class action challenging independent contractor status of exotic dancers under G.L. c. 149 § 148B and other pay practices under Massachusetts Tip Statute)
- Williams, et al v. VMTurbo, Inc. et al., Case No. 16-3671 (Suffolk Superior Court, MA) (Rule 23 class action challenging exempt classification of Account Executives)
- Williamson, et al. v. DT Management d/b/a Boston Harbor Hotel, Case No. 02-01824 (Middlesex Superior Court, MA) (Rule 23 class action concerning eligibility of catering and banquet personnel to participate in service charge distribution under Massachusetts Tip Statute)
- Wood, et al. v. ZC Management LLC et al., Case No. 3:07-30076 D. Mass.) (Rule 23 class action removed to federal court alleging violations of the Massachusetts Tip Statute and Payment of Wages law)
- Yarpah et al. v. Intercontinental Hotel Group et al., Case No. 1684CV02746-BLS (Suffolk Superior Court, MA) (Rule 23 class action challenging distribution of administrative fees under Massachusetts Tip Statute)
Related Trends
Related News & Insights
-
Legal Update
Nov 15, 2024
Massachusetts PFML Update: DFML Releases New 2025 Rate Sheets, Poster and Employee Notices
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Blog Post
Nov 4, 2024
Tips from Seyfarth: Opinion Update – Fifth Circuit Clarifies Scope of its Decision Vacating 80/20 Rule
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Recognition
09/30/2024
Seyfarth Spotlighted for Diversity, Equity, & Inclusion by Massachusetts Lawyers Weekly
-
Recognition
09/30/2024
Seyfarth’s Ariel Cudkowicz Recognized in 2024 Massachusetts Super Lawyers Top 10 List
Select Recognition
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Select Recognition
- Recognized as one of the "500 Leading Lawyers in America" by Lawdragon (2025)
- Listed in Best Lawyers in America (Woodward/White Inc.) for Employment Law - Management (2014-2025) and Litigation - Labor and Employment (2013-2025)
- Recognized for Labor & Employment (Massachusetts) by Chambers USA (2006-2024)
- Ranked in the Top 10 by Massachusetts Super Lawyers (Thomson Reuters (2018-2024)
- Named a Recommended Lawyer for Labor & Employment Litigation by The Legal 500 (Legalese Ltd.) (2011-2019, 2023)
- Recognized as a "Lawyer of the Year" lawyer by Best Lawyers in America for Employment Law - Management (Woodward/White Inc.) (2022)
- Recognized as one of the Leading US Corporate Employment Lawyers by Lawdragon (2021-2022)
- Listed in Super Lawyers, Massachusetts, New England, for Employment & Labor Law (Thomson Reuters) (2005, 2007-2019, 2021)
- Lexology Client Choice Award, Labor and Employment Law, Massachusetts (Law Business Research Ltd.) (2017)
Leadership & Professional Affiliations
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Leadership & Professional Affiliations
- American Bar Association
- Boston Bar Association, Labor & Employment Section
- College of Labor & Employment Lawyers fellow, 2011
- Massachusetts Bar Association, Labor & Employment Section
Publications
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Publications
- Co-Author, “Massachusetts PFML Update: DFML Releases New 2025 Rate Sheets, Poster and Employee Notices,” Legal Update, Seyfarth Shaw LLP (November 15, 2024)
- Co-Author, "Labor & Employment Law Daily Wrap Up, EXPERT INSIGHTS—Tips From Seyfarth: In a Major Win For Restaurants, Fifth Circuit Vacates DOL’s 80/20 Rule," Thomson Reuters Westlaw Today (September 3, 2024)
- Co-Author, "Massachusetts PFML Update: DFML Releases 2024 Poster and Updated Employee Notices," Legal Update, Seyfarth Shaw LLP (December 1, 2023)
- Co-Author, "Important Change to Massachusetts PFML Law: Employees May Supplement (Top Off) PFML Benefits with Vacation, PTO, and Sick Time," Legal Update, Seyfarth Shaw LLP (October 10, 2023)
- Co-Author, "Massachusetts PFML Update: DFML Increases Contribution Rates and Weekly Benefit Amount for 2024," Legal Update, Seyfarth Shaw LLP (October 4, 2023)
- Co-Author, "Massachusetts PFML Update: DFML Releases New 2023 Poster and Employee Notices," Legal Update, Seyfarth Shaw LLP (November 17, 2022)
- Co-Author, "Massachusetts PFML Update: Contribution Rates and Benefit Amounts for 2023," Legal Update, Seyfarth Shaw LLP (October 10, 2022)
- Co-Author, Mass-Peculiarities: An Employer’s Guide to Wage & Hour Law in the Bay State, 2022 Edition, Seyfarth Shaw LLP (2022)
- Co-Author, "Boston Enacts Vaccine Mandate to Enter Certain Businesses," Legal Update, Seyfarth Shaw LLP (December 20, 2021)
- Co-Author, "Massachusetts PFML Update: Notifying Employees of Changes in Contribution Rates and Benefit Amounts for 2022," Legal Update, Seyfarth Shaw LLP (December 7, 2021)
- Co-Author, "Massachusetts PFML Update: Contribution Rates and Benefit Amounts for 2022," Legal Update, Seyfarth Shaw LLP (October 7, 2021)
- Co-Author, "Massachusetts PFML Update: Employees May Begin To Use Paid Family Leave To Care For A Family Member on July 1, 2021," Legal Update, Seyfarth Shaw LLP (June 30, 2021)
- Co-Author, "Massachusetts Issues Mandatory COVID-19 Paid Sick Leave Notice For Employers," Legal Update, Seyfarth Shaw LLP (June 7, 2021)
- Co-Author, "Paid Leave and Coronavirus — Part 28: Massachusetts Governor Signs Law Providing COVID-19 Emergency Paid Sick Leave," Legal Update, Seyfarth Shaw LLP (June 3, 2021)
- Co-Author, "Massachusetts Governor Signs Law Providing COVID-19 Emergency Paid Sick Leave And Fix For Unemployment Insurance Solvency Rate," Legal Update, Seyfarth Shaw LLP (June 1, 2021)
- Co-Author, "Massachusetts To End Most COVID-19 Restrictions By May 29 and Lift State Of Emergency On June 15," Legal Update, Seyfarth Shaw LLP (May 17, 2021)
- Co-Author, "Boston Delays COVID-19 Reopening for Certain Industries," Legal Update, Seyfarth Shaw LLP (April 28, 2021)
- Co-Author, "Massachusetts Signals End-Date To COVID-19 Restrictions," Legal Update, Seyfarth Shaw LLP (April 27, 2021)
- Co-Author, "How the Consolidated Appropriations Act Impacts Unemployment Compensation Benefits," Legal Update, Seyfarth Shaw LLP (December 31, 2020)
- Co-Author, "Massachusetts Opens Applications For PFML Bonding Leave For 2020 Births Or Child Placements And Releases Emergency Regulations Modifying Bonding Leave Period For Acute Care Hospitals," Legal Update, Seyfarth Shaw LLP (December 31, 2020)
- Co-Author, "Massachusetts Imposes New Temporary COVID-19 Restrictions," Legal Update, Seyfarth Shaw LLP (December 24, 2020)
- Co-Author, "Massachusetts Increases COVID-19 Restrictions on Businesses and Reverts to Phase III, Step 1 of Reopening Plan," Legal Update, Seyfarth Shaw LLP (December 11, 2020)
- Co-Author, "Massachusetts Releases Updates And New Forms Regarding Paid Family And Medical Leave," Legal Update, Seyfarth Shaw LLP (December 2, 2020)
- Co-Author, "Massachusetts Issues New COVID-19 Restrictions Affecting Employers and Individuals," Legal Update, Seyfarth Shaw LLP (November 3, 2020)
- Co-Author, "Massachusetts DFML Releases Updates Regarding PFML Private Plan Exemption Renewals and Deadlines, and An Employer Toolkit," Legal Update, Seyfarth Shaw LLP (September 1, 2020)
- Co-Author, "Massachusetts Restricts Gatherings And Service Of Alcohol At Restaurants In Response To Uptick In COVID-19 Cases," Legal Update, Seyfarth Shaw LLP (August 10, 2020)
- Co-Author, "Massachusetts Legislature Considering Bills That Would Provide COVID-Related Paid Sick Time And Require Accommodations And Job Protection For Employees With COVID-Related Childcare Issues," Legal Update, Seyfarth Shaw LLP (August 5, 2020)
- Co-Author, "Massachusetts Department Of Public Health Issues Guidance For Travelers Subject To Mandatory Self-Quarantine," Legal Update, Seyfarth Shaw LLP (July 27, 2020)
- Co-Author, "Stay In or Pay Up: Massachusetts Governor Announces $500 Daily Penalty For Travel Order Violations," Legal Update, Seyfarth Shaw LLP (July 24, 2020)
- Co-Author, "Massachusetts Finalizes Amendments To PFML Regulations," Legal Update, Seyfarth Shaw LLP (July 21, 2020)
- Co-Author, "Massachusetts Reopening Guidance Updated For Several Sectors," Legal Update, Seyfarth Shaw LLP (July 15, 2020)
- Co-Author, "Massachusetts Governor Issues Phase 2 Reopening Order Along With Sector-Specific Guidance for Retail Stores and Childcare Programs," Legal Update, Seyfarth Shaw LLP (June 2, 2020)
- Co-Author, "Massachusetts Previews Mandatory Safety Standards For Restaurants And Hotels ," Legal Update, Seyfarth Shaw LLP (June 1, 2020)
- Co-Author, "Massachusetts Department of Family and Medical Leave Proposes Further Amendments to PFML Regulations and Announces Hearing Dates," Legal Update, Seyfarth Shaw LLP (May 20, 2020)
- Co-Author, "Massachusetts Department of Family and Medical Leave Issues Proposed Amendments to PFML Regulations," Legal Update, Seyfarth Shaw LLP (May 11, 2020)
- Co-Author, "Massachusetts Issues Guidance On Insured Private Paid Family And Medical Leave Plans," Legal Update, Seyfarth Shaw LLP (April 14, 2020)
- Co-Author, "Massachusetts Releases Updated Guidance On PFML Private Plan Exemption Process And New Bond Coverage Formulae," Legal Update, Seyfarth Shaw LLP (October 3, 2019)
- Co-Author, "Massachusetts DFML Clarifies Standard For Including 1099-MISC Workers In Workforce Count And Reverses Course On Their Inclusion In Quarterly Reports," Legal Update, Seyfarth Shaw LLP (September 6, 2019)
- Co-Author, Mass-Peculiarities: An Employer’s Guide to Wage & Hour Law in the Bay State, 4th Edition, Seyfarth Shaw LLP (June 19, 2019)
- Co-Author, "Department of Family and Medical Leave Releases Final PFML Regulations And New Template Worker Notice Forms," Management Alert, Seyfarth Shaw LLP (June 18, 2019)
- Co-Author, "Governor Signs Legislation Amending Massachusetts Paid Family And Medical Leave Law And DFML Extends Worker Notice And Private Plan Application Deadlines And Announces Updated Contribution Rates," One Minute Memo, Seyfarth Shaw LLP (June 17, 2019)
- Co-Author, "BREAKING NEWS!!! Massachusetts Governor And Legislative Leaders Agree To 3-Month Delay Of July 1st Paid Family And Medical Leave Contributions," One Minute Memo, Seyfarth Shaw LLP (June 12, 2019)
- Co-Author, "Breaking News—Massachusetts DFML Clarifies That Businesses Do Not Have To Provide Written Notice To 1099 Contractors Where Such Contractors Make Up 50% Or Less Of The Massachusetts Workforce," One Minute Memo, Seyfarth Shaw LLP (May 31, 2019)
- Co-Author, "Breaking News — Massachusetts DFML Confirms That Employers May Be Approved Now For Private Plans That Do Not Provide Paid Leave Benefits Until 2021," One Minute Memo, Seyfarth Shaw LLP (May 10, 2019)
- Co-Author, "Hot Off The Presses: Massachusetts DFML Just Announced Extension Of May 31st Notice Deadline And June 30th Exemption Application Deadline," One Minute Memo, Seyfarth Shaw LLP (May 1, 2019)
- Co-Author, "Massachusetts DFML Releases Private Plan Exemption Application And Guidance; Applications Due By June 30, 2019," Management Alert, Seyfarth Shaw LLP (April 30, 2019)
- Co-Author, "Massachusetts DFML Releases Template Paid Family And Medical Leave Notices And Sets May 31, 2019 Distribution Deadline," One Minute Memo, Seyfarth Shaw LLP (April 18, 2019)
- Co-Author, "Massachusetts Releases Updated Proposed Paid Family And Medical Leave Regulations—What You Need To Know," Management Alert, Seyfarth Shaw LLP (April 2, 2019)
- Co-Author, Employers' Guide to Massachusetts Wage & Hour Law, Seyfarth Shaw LLP (January 30, 2019)
- Co-Author, "Hot Off The Presses: Massachusetts Releases An Early Draft Of Its Paid Family And Medical Leave Regulations," Management Alert, Seyfarth Shaw LLP (January 24, 2019)
- Co-Author, "Governor Signs Massachusetts Paid Family And Medical Leave Law," One Minute Memo, Seyfarth Shaw LLP (June 28, 2018)
- Co-Author, "Medical Marijuana And Employment In Massachusetts," Massachusetts Bar Association, Lawyers Journal (March/April, 2018)
- Co-Author, "Massachusetts Supreme Judicial Court Rules That Employers May Need To Accommodate Off-Duty Medical Marijuana Use," Management Alert, Seyfarth Shaw LLP (July 18, 2017)
- Co-Author, “Massachusetts SJC Strikes a Blow to Massachusetts Independent Contractor Statute,” Management Alert, Seyfarth Shaw LLP (December 29, 2016)
- Co-Author, “Recreational Marijuana Use Becomes Legal In Massachusetts: Questions And Answers For Dazed And Confused Employers,” Management Alert, Seyfarth Shaw LLP (November 14, 2016)
- Co-Author, "3 Takeaways From EEOC V. Abercrombie Oral Arguments," Law 360 (February 27, 2015)
- Co-Author, "Key Takeaways from Oral Arguments in EEOC v. Abercrombie & Fitch," Management Alert, Seyfarth Shaw LLP (February 26, 2015)
- Co-Author, “First Circuit Upholds Massachusetts Mandatory Treble Damages Law, Affirms Class Certification, and Interprets Tip Pooling Law, “One Minute Memo, Seyfarth Shaw LLP (November 14, 2012)
- Co-Author, “Transgender Issues in the Workplace, ” Employment Law Strategist (September 2012)
- Co-Author, “Employer Rights and Responsibilities: Monitoring Employee Communication in the Workplace,” Insights Magazine (Winter 2011)
- Co-Author, “Top 10 Whistleblower Cases of 2010,” featured in NACD Directorship.com (January 14, 2011)
- Co-Author, “Winter Wonderland: Tips for Supplementing Your Workforce with Seasonal Employees,” Seyfarth Shaw Management Alert, featured in Bloomberg Law Reports (December 6, 2010)
- Co-Author, “Technology and Privacy in the Workplace: Monitoring Employee Communications After The Supreme Court’s Quon Decision, ” Boston Bar Journal (Fall 2010).
- “Strategies for Avoiding or Defending ADA ‘Drive-by’ Lawsuits,” NY Restaurant Insider (January 2006)
- Co-Author, “Does New Tip Statute in MA Solve this Problem,” Food Service East (Spring/Summer 2005)
Presentations
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Presentations
- "Massachusetts PFML Regulations 2.0: Dissecting The Newly Released Proposed Paid Family And Medical Leave Regulations," Webinar (April 3, 2019)
- "Breaking Down The Massachusetts Paid Family And Medical Leave Draft Regulations," Webinar, Seyfarth Shaw LLP (February 5, 2019)
- "The Massachusetts Paid Family And Medical Leave Law—What It Means For You," Webinar, Seyfarth Shaw LLP (June 28, 2018)
- "Let’s Be Blunt: Marijuana and the Workplace," Webinar, Seyfarth Shaw LLP (July 25, 2017)
- Co-Chair, American Conference Institute’s 14th National Forum on Wage & Hour Claims and Class Actions (January 2012)
- "Employment & Labor Law," MCLE Basics Plus Program (2010, 2011)
- "Independent Contractor v. Employee," MCLE Program (2010, 2011, 2012)
- "Regulation of Unpaid Internships: The Uncertain Future," The George Washington University Center for Civil Engagement and Public Service (2010)
- "Litigating Wage & Hour Cases," MCLE Program (2009, 2010, 2012)
- "New Massachusetts Wage & Hour Treble Damages Law: Litigation Avoidance is the First Line of Defense," The Greater Boston Hotel Human Resources Association (2008)
- "Wage and Hour Issues for Complex Workplace," Boston Bar Association (2008)
- "Chapter 80 of the Acts of 2008 – Implications to Your Practice and Business Operations," New England Labor Counsel (2008)
- "Winning Damages Claims in Employment Litigation," Boston Bar Association (2006)
- "The Americans with Disability Act," The Greater Boston Hotel Human Resources Association (2006)
- "Hot Topics in Employment Law," New England Corporate Counsel Association, Inc. (2005)
- "Hot Topics in Employment Law," Massachusetts Restaurant Association Foodservice and Lodging Exposition (2002-2003)
- "New Developments in U.S. Labor, Employment and Investigation Law," Government of Israel Economic Office in New England (2002)
- "Legal Issues Series: Wrongful Termination," Massachusetts Software Council (1999)
Civic & Charitable
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Civic & Charitable
- Families First board of directors
- Find the Cause Breast Cancer Foundation board of directors
- American Israel Public Affairs Committee (AIPAC) National Council
- Temple Emanuel Newton, Massachusetts trustee
- Combined Jewish Philanthropies (CJP) and Jewish Vocational Services (JVS) Scholarship Committee
- Seyfarth Shaw Charitable Foundation committee
Kudos
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Kudos
Ariel is acknowledged by clients as a "strategic and practical" lawyer who is "very knowledgeable and has strong client service skills." —From Chambers USA
Ariel "comes across as warm, gentle and compassionate, but he is also a fighter. His ability to grasp quickly and understand issues continues to impress me most of all. We couldn't ask for a better attorney." —Client feedback
Ariel is "very knowledgeable and a good listener." —From Legal 500