People: Lauren S. Wachsman, Counsel

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Lauren S. Wachsman

Counsel

Boston
Direct: (617) 946-4970
Fax: (617) 790-6773
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As counsel in the Labor & Employment Department of Seyfarth Shaw LLP, Ms. Wachsman defends employers in state and federal courts and before administrative agencies.  Ms. Wachsman focuses a significant share of her practice on the defense of complex wage and hour claims.  She has successfully defended against such claims through all phases of litigation, from early-stage motion practice, through summary judgment, class action certification, and appeals.  She has defended claims involving exempt status classification, reimbursement of business expenses, detention of tips and gratuities under various state laws, missed meal breaks, and off-the-clock work.  Ms. Wachsman also has successfully represented management against all types of discrimination, harassment and retaliation claims, including those asserted under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, Massachusetts’ Chapter 151B, and other state laws.
 
Ms. Wachsman counsels human resource personnel on a variety of employment-related legal issues, including all aspects of employee compensation, terminations, performance counseling, leaves of absence, and accommodations.  In recent years, Ms. Wachsman has counseled human resource personnel on compliance with the various state and local paid sick leave laws that have gone into effect.  Her counseling work focuses not only on identifying employment practices that comply with the law, but also the design of solutions that maximize an employer’s flexibility in managing its business.
 
Prior to joining the firm, Ms. Wachsman served as a temporary law clerk for the Honorable Joan Humphrey Lefkow of the U.S. District Court for the Northern District of Illinois.  She also served as a judicial extern for the Honorable John R. Tunheim of the U.S. District Court for the District of Minnesota.
As counsel in the Labor & Employment Department of Seyfarth Shaw LLP, Ms. Wachsman defends employers in state and federal courts and before administrative agencies.  Ms. Wachsman focuses a significant share of her practice on the defense of complex wage and hour claims.  She has successfully defended against such claims through all phases of litigation, from early-stage motion practice, through summary judgment, class action certification, and appeals.  She has defended claims involving exempt status classification, reimbursement of business expenses, detention of tips and gratuities under various state laws, missed meal breaks, and off-the-clock work.  Ms. Wachsman also has successfully represented management against all types of discrimination, harassment and retaliation claims, including those asserted under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, Massachusetts’ Chapter 151B, and other state laws.
 
Ms. Wachsman counsels human resource personnel on a variety of employment-related legal issues, including all aspects of employee compensation, terminations, performance counseling, leaves of absence, and accommodations.  In recent years, Ms. Wachsman has counseled human resource personnel on compliance with the various state and local paid sick leave laws that have gone into effect.  Her counseling work focuses not only on identifying employment practices that comply with the law, but also the design of solutions that maximize an employer’s flexibility in managing its business.
 
Prior to joining the firm, Ms. Wachsman served as a temporary law clerk for the Honorable Joan Humphrey Lefkow of the U.S. District Court for the Northern District of Illinois.  She also served as a judicial extern for the Honorable John R. Tunheim of the U.S. District Court for the District of Minnesota.

Education

  • J.D., University of Michigan Law School, cum laude (2009)
    Contributing Editor, Michigan Journal of International Law (2007-2009)
    Article Editor, Michigan Journal of Gender and Law (2007-2009)
  • B.A., Washington University in St. Louis, with college honors (2006)

Admissions

  • Massachusetts
  • Illinois
  • Minnesota
  • Tennessee

Courts

  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the District of Massachusetts

Affiliations

  • American Cancer Society Associate Board of Ambassadors
  • Massachusetts State Bar Association

Representative Engagements

Representative Wage & Hour Cases

  • Garcia, et al. v. E.J. Amusements, Inc. d/b/a Fiesta Shows, 89 F. Supp. 3d 211 (D. Mass.) (denying lobbying group’s motion for protective order to avoid subpoena served by employer seeking information pertaining to lobbying group’s publication of industry report on working conditions in carnival industry)
  • Hanna, et al. v. Fitzpatrick Holdings, LLC, et al., Case No. 12-0195 (Mass. Super. 2014) (dismissing common law claims and denying class certification of statutory claims alleging detention of tips and minimum wage violations in Massachusetts)
  • Reyes, et al. v. S.J. Services, Inc., et al., 2014 WL 5485943 (D. Mass.) (summary judgment for employer finding Massachusetts Wage Act claim preempted by Labor Management Relations Act and claim for health insurance benefits preempted by ERISA).
  • Pruell, et al. v. Caritas Christi, et al., 2013 WL 5647398 (D. Mass.) (striking plaintiffs’ collective action claim from case and entering monetary sanctions against plaintiffs’ counsel for filing false affirmations in support of motion to certify collective action).
  • Jeffcote v. Morton Hospital & Steward Health Care System LLC, Massachusetts Superior Court for Bristol County, Civil Action No. 2012-00937 (dismissing claim by senior executive under Massachusetts Wage Act seeking severance compensation).
  • Pruell, et al. v. Caritas Christi, et al., 2013 WL 2420918 (D. Mass.) (dismissing collective action claims against multitude of institutional and individual defendants as failing to meet applicable pleading standards).
  • Garcia, et al. v. E.J. Amusements, Inc. d/b/a Fiesta Shows, Docket No. 13-12536-PBS (D. Mass.) (defense of Rule 23 class action alleging off-the-clock work claims and claims regarding failure to reimburse immigration related expenses under Massachusetts and New Hampshire law brought by ride operators in traveling carnival).
  • Smith, et al. v. Kawailoa Development LLP d/b/a Grand Hyatt Kauai Resort & Spa & Hyatt Corporation, Circuit Court for the First Circuit, State of Hawai‘i, Civil Action No. 11-00350 (defense of Rule 23 class action alleging violations of the Hawaii Tip Statute and state unfair competition law).
  • 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)
  • Rodriguez, et al v. Starwood Hotels & Resorts Worldwide, Inc. d/b/a Westin Maui Resort & Spa, Civil Action  No. 09-00016 (D. HI) (defense of Rule 23 class action alleging violation of the Hawaii Tip Statute and Unfair Competition Statute).
  • Wilkins, et al. v. Bank of America, N.A., et al., Docket No. 11-cv-00962 (N.D. Ill.) (defense of putative nationwide collective action asserting minimum wage and overtime claims on behalf of mortgage loan officers under federal law, in addition to class action claims under Illinois law).
  • Kelly, et al. v. Bank of America, N.A., et al., Docket No. 11-cv-05332 (N.D. Illinois) (defense of putative nationwide collective action asserting misclassification of mortgage loan officers, in addition to putative class action claims based on New York and Illinois law).

Representative Other Cases

  • Treadway v. California Products Corp., 2016 WL 4073306 (6th Cir. 2016) (affirming district court’s grant of motion for summary judgment in action alleging age discrimination under the ADEA).
  • NVR, Inc. v. Davern, 2015 WL 9450831 (D. N.J.) (entering injunction under New Jersey Trade Secrets Act against former management employee based on misappropriation of confidential information).
  • Jones, et. al. v. National Council of Young Men’s Christian Associations of the United States of America, et. al., 2014 WL 1305153 (N.D. Ill.) (denying class certification of discrimination claims under Section 1981, Title VII and the Illinois Human Rights Act and striking plaintiffs’ class action expert witness).
  • Morse v. TBC Retail Group, Inc., 2013 WL 6730107 (D. N.H.) (dismissing FMLA complaint because plaintiff did not qualify as an “eligible employee” under the statute).
  • Brown v. Gunite Corp., Case No. 1:11-cv-08997, docket entry 23 (N.D. Ill.) (granting motion for summary judgment in action alleging common law retaliation, intentional infliction of emotional distress and claims under the ADA and Illinois Human Rights Act).
  • Price v. The TJX Cos., 2012 WL 2021741 (E.D. Ky.) (dismissing retaliation claim and entering monetary sanctions against plaintiff’s counsel for filing frivolous claims).
  • Price v. The TJX Cos., 2012 WL 1565235 (E.D. Ky.) (granting motion for judgment on the pleadings as to claims of sex, gender and sexual orientation discrimination; negligent hiring, retention and entrustment; intentional infliction of emotional distress, libel, libel per se, slander, slander per se and false light/invasion of privacy; and interference with contractual relations and prospective business advantage).
  • Esparza v. Costco Wholesale Corporation, 2011 WL 6820022 (N.D. Ill.) (granting motion for summary judgment in action alleging discrimination under Title VII on the basis of judicial estoppel due to plaintiff's failure to disclose pending litigation in bankruptcy filings).
  • Porter v. New Age Services Corporation, et. al., 2011 WL 1099270 (N.D. Ill.) (granting motion for summary judgment in action alleging intentional infliction of emotional distress and claims under the ADA and the FMLA).
  • Boyd-Radford v. Costco Wholesale Corporation, et al., 2011 WL 710452 (N.D. Ind.) (granting motion to dismiss claims against individual defendant in ADA discrimination and retaliation action; obtained voluntary dismissal of all remaining claims with prejudice).
  • Alexander v. Duke & King, et al., Circuit Court Fifteenth Judicial Circuit, Illinois, No. 2010-L-000013 (granting motion to dismiss complaint in action alleging defamation per se, negligence per se, negligent interference with contract, and intentional interference with contract against individual defendant; obtained voluntary dismissal of all remaining claims).
  • Santana v. Kempersports Management, Inc., ALS No. 10-015 (Illinois Human Rights Commission) (granting motion for summary decision in action alleging national origin discrimination under the Illinois Human Rights Act).
  • Adusumilli v. Wordspeed, Inc., ALS No. 09-001 (Illinois Human Rights Commission)  (granting motion for summary decision in action alleging race and national origin discrimination under the Illinois Human Rights Act).

Presentations

  • Assisted in preparation of “Strategic Use of Summary Judgment in Employment Law,”  Illinois State Bar Association (May 2010)
  • Assisted in preparation of “Employment Law Update,” Chicago Area Health Care Recruiters (June 2010)

Publications

  • Contributing Editor, Massachusetts Peculiarities: An Employer’s Guide to Wage & Hour Law in the Bay State, 2d Ed., Seyfarth Shaw LLP (2014)
  • Contributor, "Employment Law Chapter," 2013 ABA Annual Review of Developments in Business and Corporate Litigation (2013)
  • Assisted in preparation of "ERISA Fiduciary Litigation," American Bar Association Joint Committee on Employee Benefits 20th Annual National Institute on ERISA Litigation (November 2010)