Nancy J. Puleo

Nancy is a partner in the firm's Employment and Litigation Departments.  Nancy routinely counsels employers regarding day-to-day employee management and operations issues, including personnel policies, compliance with state and federal wage and hour laws, harassment and discrimination complaints and investigations, drafting of employee handbooks and employment agreements, including non-competition and other restrictive covenants, and reductions in force and severance obligations.  Two growing areas of Nancy’s practice are advising employers on issues involving employees’ social media activities and working with emerging companies on developing and implementing their employment practices. Nancy’s clients operate nationally and regionally in numerous industries, including retail, technology, security, health care, human services, and traditional manufacturing settings.

Nancy represents clients before state and federal courts, agencies, and licensing boards, including the Massachusetts Commission Against Discrimination, the Connecticut Commission on Human Rights and Opportunities, the Equal Employment Opportunity Commission, the Department of Labor, the Occupational Safety and Health Administration, and the Massachusetts Division of Professional Licensure.  She is admitted to practice in Massachusetts, Connecticut, New Hampshire, and the United States District Court for the District of Massachusetts.  Prior to entering private practice, Nancy served as a law clerk to the Justices of the Massachusetts Superior Court in 2000-2001.

In addition to her employment expertise, Nancy defends professionals in disciplinary matters pending before state licensing boards and advises professionals regarding ethical and risk management issues.

Representative Cases

• Successfully moved to dismiss federal court litigation alleging violations of the Family and Medical Leave Act.
• Represented a national employer in “John Doe” litigation against a former employee who anonymously posted defamatory comments and disclosed confidential information on Twitter, including successfully identifying the former employee through discovery.
• Defended a restaurant in a class action lawsuit concerning the interpretation of the Massachusetts Tip Statute.
• Obtained numerous lack of probable cause findings in discrimination and retaliation claims pending before the Massachusetts Commission Against Discrimination.
• Successfully negotiated employment and severance agreements for executives at some of the region’s leading companies.
• Represented employees and employers in non-competition, non-solicitation and non-disclosure matters.
• Defended numerous professionals in disciplinary proceedings at the Division of Professional Licensure.

Memberships

Massachusetts Bar Association, Section on Labor and Employment

Newsworthy

Contributing author of a chapter titled "Wage and Hour Laws: A State-by-State Survey," BNA 2005 - 2009 Supplements
Author, “United States Supreme Court Expands Worker Protection from Retaliation Under Title VII,” Employment Client Advisory, December 2006
Author, “United States Supreme Court Broadens Reach of Age Discrimination Law,” Employment Client Advisory, May 2005

Nancy was named Massachusetts Super Lawyer - Rising Star in 2009, 2010, 2011 and 2012.

News & Media

• Employers Denied Ability to Obtain Employees’ Passwords to Social Media Accounts
• Managing Corporate Defamation: A Case Study as to How Employers Can Fight Back
• Berkshire Bank’s Territorial Designs Tested With Latest Acquisitions
• Independent Contractor Classification
• National Labor Relations Board Posting Rule Delayed for the Second Time
• National Labor Relations Board Posting Rule Postponed
• Private Sector Employers Required to Post National Labor Relations Act Notice
• Social Media and the Workplace: Potential Liability to Employees
• Facebook Firing Case Sends a Warning to Employers From the National Labor Relations Board
• The Massachusetts Maternity Leave Act: Eight Weeks Means Eight Weeks
• Massachusetts Personnel Records Law Amended to Include Employer Notification Requirement
• Proposed Federal Legislation Aimed At Misclassification Of Employees As Independent Contractors
• A Right to Bear Arms in the Office?
• How to Safeguard Employee Data
• Revised Federal Medical Leave and Disability Laws Change the Legal Landscape for Employers
• Office Space Without Walls
• MCAD Commissioner Announces the MCAD will apply the Massachusetts Maternity Leave Act to Men
• New Massachusetts Law Mandates Treble Damages for Wage and Hour Violations and Raises Stakes for Employers
• Employment Alert