Lyndsey Kruzer is Counsel in Choate's Labor, Employment and Benefits practice group. She counsels employers on all aspects of employee relations.
Also an experienced litigator, Ms. Kruzer has successfully represented companies in dozens of lawsuits brought by their employees, involving a wide variety of claims.
Ms. Kruzer has been named a Massachusetts Super Lawyers Rising Star.
Employment Counseling: advises companies on terminations and RIFs, disability and leave issues, wage and hour compliance and audits, harassment investigations, employment and severance agreements, employee handbooks and policies, non-competition and other post-employment restrictions, independent contractor arrangements, employee classifications and virtually all other issues facing modern employers.
Employment Litigation: handles employment litigation, arbitration and administrative cases regarding discrimination, harassment, whistleblowing, non-competition and other post-employment restrictions, ERISA benefits and contract- and tort-based employment claims.
- Secured trial victory for popular Boston restaurant group accused of violating the FLSA and MA Wage act by failing to give proper notification of tip credit and by failing to pay employees for all hours worked.
- Represented employers in front of state and federal agencies, including the EEOC, MCAD, US Department of Labor, National Labor Relations Board, Massachusetts Fair Labor Standards Division, Massachusetts Department of Unemployment and agencies in other states.
- Drafted employment agreements, handbooks and policies, including social media policies.
- Conducted workplace investigations on wrongdoing, such as unlawful harassment.
- Defended employers against whistleblower claims under Dodd-Frank Act and other state and federal statutes.
- Successfully represented employer in jury trial to recover damages for tortious interference.
- Represented both union and non-union employers with regard to Unfair Labor Practice charges and advises employers on union-related concerns, including organizing campaigns, elections, labor arbitrations, neutrality agreements and collective bargaining.
- Successfully counseled large and small employers through complex situations involving employee disability and leave issues, employment aspects of mergers and acquisitions, violations of non-competition agreements and discrimination and harassment allegations.
Publications and Presentations
- "Effective Employee Training Increasingly Important Amid Increased Whistleblower Liability and Damage Awards," co-author, Corporate Counsel, January 2017.
- "What Employers Need to Know About the New PTO Laws," speaker, Foley Hoag Labor and Employment Seminar, May 2015.
- "NLRB for Non-Union Employers," speaker, Foley Hoag Labor and Employment Seminar, May 2014.
- "What Are True Independent Contractors under US, Colombian, and Puerto Rican Law?" speaker, Lex Mundi webinar presentation, 2014.
- "How to Take a Case Before the NLRB," chapter editor, 8th Edition, Bloomberg BNA, March 2016.
- "Massachusetts Anti-Discrimination Laws Survey," author, Practical Law, April 2015.
- "Massachusetts Discovery Practice: Essential Tools for Pretrial Litigation," chapter editor, MCLE New England, 2012.
Professional and Community Involvement
Ms. Kruzer actively serves on the board of directors of the Southfield Redevelopment Authority overseeing the commercial, retail and residential redevelopment of the largest parcel of land in Greater Boston. Ms. Kruzer is a member of the Boston Bar Association and the Women’s Bar Association. She is also an active member of the Harvard Alumni Association and the Harvard Club of Quincy.
Education & Credentials
- Harvard Law School
- JD, 2009
- Harvard University
- AB, 2006, cum laude
Choate recently advised The Beekman Group in its investment in Riccobene Associates Family Dentistry, a provider of comprehensive general and multi-specialty dental services with modern, well-appointed dental offices.
The SEC reports more dollars to whistleblowers and more tips reported to The Commission than ever before. This reflects both a growing, robust Whistleblower Program and recent changes in the legal landscape.
The United States Supreme Court recently declined to hear a case involving alleged retaliation against a whistleblower at a public university, suggesting that employees who report problems to their employer as part of their normal job duties do not engage in “protected activity” sufficient to trigger protection from retaliation.
In a split decision which the blistering dissent calls “a landmine that we have now laid for employers,” the United States Court of Appeals for the Eleventh Circuit recently held that an HR employee engaged in “protected activity” when she encouraged another employee to file a discrimination lawsuit against her employer.
The Federal District Court of Massachusetts holds that an employer can be liable for taking adverse action against an employee who only complains internally about violations of company policy, if those complaints concern potential violations of criminal law.