Attorneys & Professionals

Andrew J. Waugh

TEL: (617) 479-5000
EMAIL: awaugh@mhtl.com

General counsel to a number of towns and school committees, Mr. Waugh's practice focuses on education and municipal law, with an emphasis labor and employment matters. Mr. Waugh works with and advises employers on various employment matters including hiring, discipline and termination issues, drafting severance agreements, FMLA and ADA issues, and compliance with other state and federal discrimination and/or civil rights laws. Mr. Waugh has extensive experience negotiating and drafting collective bargaining agreements, and he defends employers in grievance arbitrations and unfair labor practice charges on a regular basis. He has represented clients at the trial and appellate level in state court and before a broad range of administrative agencies. He also regularly conducts seminars and workshops for clients on a variety of legal topics. Mr. Waugh currently serves on the Finance Committee for the Town of Dover, MA.  Mr. Waugh began his career as a judicial law clerk to the Justices of the New Hampshire Superior Court. Mr. Waugh is a graduate of Middlebury College and Suffolk University Law School. He is a member of the Massachusetts and New Hampshire Bar Associations and is admitted to practice law in the state and federal courts in Massachusetts and New Hampshire.

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Neponset Valley Chamber of Commerce: Labor & Law Employment Update

MHTL attorneys Katherine Hesse and Kier Wachterhauser will be presenting information regarding important legal issues and developments in the Labor & Employment field at a Neponset Valley Chamber of Commerce (NVCC) event on Thursday, November 15th.  These presentations will include a comprehensive overview of major legislative/regulatory/case law developments, as well as best practices in navigating issues such as marijuana in the workplace and sexual harassment.

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Supreme Judicial Court Issues Important Decision Protecting Employers – Back Pay Awards Do Not Constitute “Wages” Under the Wage Act and Thus Are Not Subject To Trebling

In a recent decision, the Massachusetts Supreme Judicial Court (“SJC” or “Court”) declined to classify a court-ordered “back pay” award as “wages” under the Massachusetts Wage Act (“Wage Act”).   In response to a request for briefs from the Court, Murphy, Hesse, Toomey & Lehane, LLP (MHTL), on behalf of its public and private clients, submitted an amicus brief, supporting the defendant employer’s position.   The Greater Boston Chamber of Commerce and the New England Legal Foundation also submitted amici briefs.  This decision – a significant victory for employers – has far-reaching consequences and helps to protect employers from punitive and excessive penalties in many employment contexts.  Had the case been decided for the plaintiffs, it could have had significant ramifications for employers, extending the punitive damage scheme under the Wage Act (strict liability, treble damages, attorneys’ fees, individual liability, etc.) to a myriad of different employment contexts.

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