Employment Law

We serve as employment trial counsel and legal advocates for businesses, including on behalf of Fortune 500 companies. Kenney & Sams attorneys handle allegations against employers involving both employment and labor matters. Our team resolves conflicts related to FMLA, all types of discrimination, contract and non-competition disagreements, as well as claims under the Massachusetts Wage Act, Equal Pay Act and FLSA. To round out our excellent employment work, Kenney & Sams attorneys also provide counsel in connection with labor union matters, unfair labor charges and arbitration.

Our team handles trials, arbitration and appeals throughout the New England Region. Clients trust us to guide them through their employment conflicts, relying upon our proven track record for knowing when to go to trial. If appropriate, we help clients avoid costly litigation, but should a trial be the only resolution, our attorneys have substantial experience bringing cases before state and federal administrative agencies and courts.

Representative Employment Litigation Experience

  • Jury trials before state and federal courts in cases alleging various types of employment discrimination;

  • Representing employers and employees before the U.S. Equal Employment Opportunity Commission and Massachusetts Commission Against Discrimination;

  • Represent companies and individuals in employment practices investigations;

  • Draft and update handbooks, employment policies and agreements;

  • Conduct risk mitigation training; and

  • Represent employees and employers in severance negotiations.

Dive into key insights on Employment Law with these video series featuring legal experts from K&S Legal. Each video delivers quick, practical takeaways on workplace rights, obligations, and emerging legal trends—perfect for busy professionals and HR leaders.

Latest videos:

PANEL 1

Employment At-Will – Key Exceptions All Professionals Should Understand

This is a highlight from Kenney & Sams PLLC annual Employment Symposium. Shareholder, Chris Kenney is opening the first panel with his thoughtful remarks.

In this video, Chris breaks down:

  • What at-will employment really means
  • The rights and obligations on both sides
  • Key exceptions—like discrimination, public policy violations, and whistleblower protections

Before making your next big employment decision, make sure you’re looking around the corner.

Who are the key players shaping employment law? In this segment, the K&S team breaks down the major entities employers must understand when making hiring and firing decisions. From the National Labor Relations Board (NLRB) to the EEOC, Department of Labor, state courts, and Massachusetts-specific statutes like Chapter 151B and the Wage Act—this video highlights the critical organizations and regulations every employer should be aware of.

Greg Vanden-Eykel explains why Massachusetts employers must understand how state discrimination laws differ significantly from federal law. With one of the most employee-friendly and expansive lists of protected classes—including gender identity—Massachusetts law often goes further than federal regulations. Greg emphasizes the importance of updating policies and training to reflect state standards, especially as federal protections shift with changing administrations. If you manage employees in Massachusetts, this is critical legal insight you can’t afford to miss.

Employment attorney, Michelle DeOlivera, breaks down a common misconception about at-will employment in Massachusetts: “Can’t I just fire whoever I want, whenever I want?” While the answer starts with “yes,” the conversation quickly turns to the critical exceptions that follow. In this clip, Michelle explains the two key limitations to at-will termination—unlawful reasons and violations of public policy—and why employers must carefully assess the facts, timeline, and potential risk before taking action. A must-watch for HR professionals and business leaders.

Attorney Greg Vanden-Eykel outlines key legal pitfalls that employers often overlook when making employment decisions. While concerns about discrimination are common, Greg explains why you also need to consider public policy exceptions, collective bargaining agreements for union employees, and the implied covenant of good faith and fair dealing under Massachusetts law. Terminating someone just before a bonus payout? That could land you in court. Watch to understand the broader legal landscape behind every demotion, discipline, or termination decision.

PANEL 2

From surprise immigration raids to shifting federal priorities, employers need to be prepared. In this clip, Michelle De Olivera breaks down what happens if ICE arrives at your workplace, why I-9 compliance is critical, and how recent executive orders are shaping EEOC, NLRB, and employment law enforcement under the new administration.

Employment law in Massachusetts gives workers some of the broadest protections in the country — but that can create pitfalls for employers. In this clip, employment attorney Laura Raisty explains why companies should review DEI language in their handbooks and hiring practices, and how state and federal laws can both create risk.

In a private workplace, ICE must have a warrant signed by a judge to enter. But in public areas — like outside a fenced job site or during an employee’s lunch break — no warrant is required. This clip explains the key differences every employer and worker should understand.

From surprise immigration raids to shifting federal priorities, employers need to be prepared. In this clip, attorneys break down what happens if ICE arrives at your workplace, why I-9 compliance is critical, and how recent executive orders are shaping EEOC, NLRB, and employment law enforcement under the new administration.

Many employers want to protect their workers — but advising employees on their immigration rights could raise legal red flags. In this clip, attorneys explain how such actions might imply concerns about immigration status, and how federal I-9 requirements can create liability if ICE comes calling.

PANEL 3

For Massachusetts employers with 25+ employees, job postings must now include a reasonable, good faith salary range (for salaried roles) or hourly wage (for hourly positions). Attorney, Herling D. Romero Adrianza, explains how “reasonable and good faith” ties back to pay equity, requiring consistent ranges based on comparable positions, skills, and job duties.

Massachusetts’ Pay Equity Law prohibits employers from asking applicants about prior salary—a safeguard to prevent discrimination from following employees throughout their careers. Attorney, Herling D. Romero Adrianza, explains how this rule, along with the Pay Transparency Law enacted in 2023, works to promote fairness and clarity in compensation.

Not all differences in responsibility justify different pay under Massachusetts’ Pay Equity Law. Schedule changes aren’t enough—it must be a material distinction, like supervising staff. Attorney, Greg Vande-Eykel, also recalls the Boston Symphony Orchestra case, where a female flutist challenged pay compared to a male oboist, highlighting how complex “comparable work” can be.

Massachusetts’ Pay Equity Law requires equal pay for comparable work—but there are limited exceptions. Employers may justify pay differences based on seniority, merit, measurable performance, job location, travel requirements, or documented differences in education, training, or experience. Attorney, Greg Vanden-Eykel, explains how these exceptions work and why clear, written job descriptions are critical for compliance.

Under Massachusetts’ Pay Equity Law, employers must provide equal compensation for comparable work—not just in salary, but across all forms of compensation like health care benefits, commissions, and bonuses. Attorney, Greg Vanden-Eykel explains what “comparable work” really means: substantially similar skill, effort, responsibility, and working conditions.

PANEL 4

Surprise terminations create risk and frustration. In this clip, attorneys outline three essentials for communicating with employees: give frequent feedback, set clear expectations, and encourage two-way dialogue. These strategies help avoid disputes and strengthen workplace performance.

Subjective feedback leaves room for employees to challenge performance reviews. In this clip, attorneys explain why using objective, concrete documentation — like missed deadlines or unprepared client meetings — is the most effective way to support performance management and minimize legal risk.

Performance Improvement Plans only work if managers do the work. In this clip, attorneys explain that well-crafted PIPs include metrics, check-in dates, and documented meeting notes — and that failing to follow through (or skipping the check-ins) can leave employers exposed and force them to rethink next steps — including what happens if the employee actually succeeds.

Today’s workforce is looking for more than just pay and hours. In this clip, attorneys discuss how younger employees value fairness, equity, and a workplace free from discrimination — and how having clear policies, like performance evaluations, can set the right tone and attract top talent.

Employees returning from Paid Family Medical Leave in Massachusetts are protected by a rebuttable presumption against retaliation. In this clip, David Kerrigan explain how negative changes in pay, status, or benefits shortly after leave can be assumed retaliatory — and how careful documentation before and after leave can help employers rebut that presumption.