Attorneys & Professionals

Kevin F. Bresnahan

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

Mr. Bresnahan practices in the areas of labor and employment, education, and municipal law. Mr. Bresnahan has negotiated collective bargaining agreements on behalf of numerous municipalities and school committees, and has represented public employers before the courts of the Commonwealth, in arbitrations, and in a wide variety of administrative proceedings before various agencies, including the Division of Labor Relations, the Civil Service Commission, the Massachusetts Commission Against Discrimination, and the Joint Labor-Management Committee.  He advises public employers in various aspects of employment law, including: compliance with federal and state discrimination statutes, the Family and Medical Leave Act; the Fair Labor Standards Act; and Chapter 32B of the Massachusetts General Laws, the public insurance law statute. Among his notable experience, Mr. Bresnahan worked on the successful resolution of a strike by a teachers’ union, including filing a strike petition with the former Labor Relations Commission and working closely with the labor commissioners to craft and obtain a preliminary injunction and contempt order in Superior Court.  Mr. Bresnahan has also successfully negotiated an agreement for the transfer of a municipality’s approximately one thousand (1000) employees to the Commonwealth’s Group Insurance Commission for healthcare coverage, and has successfully obtained a preliminary injunction on behalf of a school district in Superior Court. 

Mr. Bresnahan graduated from Boston College in 2001 with a double major in marketing and history. He received his law degree in 2005, with honors, from The George Washington University Law School.  While in law school, Mr. Bresnahan was a member ofThe George Washington International Law Review, and was a Dean’s Fellow in the Legal Research and Writing program, where he taught research, writing, and oral advocacy techniques to first-year law students. 

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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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