Diane M. Saunders

Shareholder | Boston

Whether she is handling litigation or simply providing advice and counsel, Diane Saunders employs a strategic approach to solving her clients’ legal and business problems. She always strives to achieve cost-effective results that are consistent with her clients’ overall business objectives. Diane is a skilled and aggressive litigator and possesses significant expertise in class and collective action matters and complex cases. Diane has been helping employers with their labor and employment issues and business disputes for over 20 years. Her clients include businesses of all sizes and in a variety of industries, as well as non-profit organizations. She is a Chair of the firm’s Retail Practice Group, and a member of the firm’s Steering Committee for the Class Action Practice Group.

Diane has tried over a dozen matters in federal and state courts, as well as before administrative agencies and in arbitration proceedings. She regularly handles appeals in state and federal courts. She also defends employers in investigations and enforcement actions conducted by the Equal Employment Opportunity Commission, the U.S. Department of Labor, the Massachusetts Commission Against Discrimination, and the Massachusetts Attorney General’s Office. Representative matters include wage and hour, confidential information, trade secret and non-competition issues, discrimination, sexual harassment, retaliation, wrongful discharge, whistleblower, and workplace torts and contract disputes.

Diane defends class and collective action suits alleging violations of the Fair Labor Standards Act, the Equal Pay Act, and Massachusetts wage and hour laws, including the Massachusetts Tips Law and the Massachusetts Independent Contractor Law. She also defends pattern and practice discrimination class actions, including allegations of class-wide discrimination, sexual harassment, and retaliation.

In addition to her litigation practice, Diane regularly advises employers on employment law and wage and hour compliance and best practices. She reviews employee handbooks and employment policies, drafts employment agreements and non-competition agreements, conducts wage and hour audits, designs employment arbitration programs, and advises clients on best practices during workplace investigations.

Diane has been listed in Best Lawyers in America since 2013 and has been recognized by Super Lawyers since 2006 as one of the leading employment lawyers in Massachusetts and New England. She is AV Preeminent Peer Review rated in Martindale-Hubbell and is a Fellow in the Litigation Counsel of America. She is a frequent speaker at education programs for attorneys, human resources professionals, business owners, and managers.

Diane graduated from American University’s Washington College of Law with honors and served as an Articles Editor on the American University Law Review. Immediately following her graduation from law school, she served as a judicial clerk for the Honorable Richard S. Salzman, District of Columbia Superior Court.

More About Diane M. Saunders

Experience

Class and Collective Action Defense

Diane handles wage and hour class and collective actions brought in both state and federal courts under the Fair Labor Standards Act, Equal Pay Act, Massachusetts Tips Law, Massachusetts Payment of Wages Law, Massachusetts Independent Contractor Law and other state laws. Representative claims include those alleging claims of failure to pay overtime, denial of meal and rest periods, violations of the minimum wage laws, failure to pay overtime at the proper rate, improper rounding and docking, and employee misclassification unjust enrichment, and tortious interference. Ms. Saunders also handles pattern and practice discrimination, sexual harassment and retaliation claims brought under federal and state law on a class-wide basis, including putative class claims brought by the Equal Employment Opportunity Commission.

Significant examples of her representation in the area of class and collective actions include the following:

Negotiated a favorable class settlement of travel time and travel expense reimbursement claims brought by a class of home health aides against a Massachusetts home health care company in a case pending in Massachusetts Superior Court, Suffolk County
Achieved a partial denial of class certification in a putative class action in Massachusetts federal court alleging independent contractor misclassification, failure to pay wages and failure to reimburse travel expenses
Successfully defeated class certification in a putative class action in Massachusetts federal court involving claims of meal and rest period violations alleged against a major dairy manufacturer and distributor
Obtained favorable ruling from Supreme Judicial Court of Massachusetts on the legality of employer “no tipping” policies in a putative class action brought against a regional franchisee under the Massachusetts Tips Law
Obtained court approval of an $815,000 private class action settlement, in conjunction with a consent judgment with the U.S. Department of Labor, in a hybrid wage and hour class and collective action brought in Massachusetts federal court against a leather manufacturer that was shut down after a highly publicized raid by the U.S. Department of Homeland Security Immigration and Customs Enforcement

Employment Law and Litigation

Diane has over 20 years of experience in all aspects of employment law, from day-to-day counseling to handling complex litigation through trial and appeals. She has significant experience with the myriad laws governing the workplace, including Title VII, the Equal Pay Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the Older Workers Benefit Protection Act, and the Uniformed Services Employment and Reemployment Rights Act, as well as the various state laws that also govern the employer-employee relationship. In addition to issues of discrimination, sexual harassment, and retaliation based on age, race, national origin, gender, sexual orientation, and disability, She regularly advises and represents employers in connection with matters such as: employee privacy; voluntary and mandatory employment arbitration programs; accommodating people with disabilities; religious accommodations; workplace investigations; reductions-in-force; criminal records inquiries; employee leave issues; and whistleblower issues.

Her extensive experience in the area of employment law includes:

Obtained countless dismissals before trial on motions to dismiss and for summary judgment in state and federal courts across the country in cases involving claims of discrimination, sexual harassment, and retaliation based on age, race, national origin, gender, sexual orientation, and disability

Obtained favorable results for employers in multiple employment law cases tried before judges, at administrative hearings, and at arbitration

Achieved defense verdict for major retailer and individual manager after a three-week race discrimination jury trial in Seattle, Washington

Achieved defense verdict for major retailer after a two-week age discrimination jury trial in Newark, New Jersey

Protecting Confidential Information, and Customer and Employee Relationships

Diane assists her clients with creating and implementing policies, practices, and restrictive covenant agreements designed to protect their valuable confidential business information and trade secrets from misappropriation, and to protect their customers, clients, vendors, suppliers, and employees from improper solicitation. She also assists her clients with creating and implementing best practices and policies to ensure that they do not violate their competitors’ restrictive covenant agreements, or find themselves embroiled in unfair competition and trade secret litigation. When litigation becomes necessary, she provides aggressive, cost-effective representation. Diane has handled successfully many temporary restraining order and preliminary injunction motions on behalf of her clients.

Her notable client victories in this area include the following:

Obtained a $2.4 million dollar judgment against a former employee in federal court in Massachusetts in a case involving claims under the Computer Fraud and Abuse Act, and claims alleging breach of the duty of loyalty, common law fraud, and other torts

Obtained a permanent injunction and $48,000 judgment against a former employee in federal court in Florida in a case involving claims of wrongful solicitation of customers and disclosure of confidential information

Wage and Hour

Diane assists employers with proactive initiatives to ensure wage and hour compliance, such as internal wage and hour audits of pay policies and practices. When litigation is brought against her clients, she defends both single plaintiff wage and hour matters, as well as claims brought on a class-wide basis. She also represents employers during investigations and audits conducted by the U.S. Department of Labor and the Massachusetts Attorney General’s Office.

Some of the wage and hour issues that Diane frequently addresses include: employee classification; tipping and tip pooling; overtime; rounding; docking; off-the-clock work; meal and rest periods; vacation pay; pay at termination; deductions from wages; prevailing wages; holiday and premium pay; and payroll frequency.

Education & Admission

Professional Activities

Speeches

Workplace Strategies Conference – “Top 10 Plaintiffs’ Attorney Tactics—And How to Avoid Falling for Them” – Washington, D.C. – May 3, 2024
Corporate Labor and Employment Counsel Exclusive – “Almost California? Recent Developments in Other Key States” – Phoenix – November 10, 2023
2023 Tri-State SHRM Conference – “The Tri-State Trifecta: The Latest Employment Law Update for CT, MA and RI” – Uncasville – April 24, 2023
Massachusetts Continuing Legal Education, 25th Annual Employment Law Conference 2022 – “Wage & Hour Updates—Growing Reach of MA Wage Act” – Boston – December 2, 2022
Workplace Strategies Virtual Seminar – “A Declaration Against Independents?” – June 24, 2021
Ogletree Deakins Webinar – “Reopening New England” – March 23, 2021
National Retail Federation, Retail Law Summit – “Social and Political Issues and the Workplace” – September 2020
Ogletree Deakins Webinar – “Navigating Customer Refusals to Wear Face Coverings and Masks” – June 2, 2020
Ogletree Deakins Webinar – “Potential Class Action Fallout From the COVID-19 Pandemic” – May 29, 2020
Ogletree Deakins Webinar – “Massachusetts Paid Family Medical Leave: Employer Obligations for 2019 and Beyond” – May 16, 2019
Ogletree Deakins Workplace Strategies Seminar – “Test Your Knowledge! The Multi-State Mishmash” – Las Vegas – May 2, 2019
Boston Bar Association, Employment Law Conference – “Arbitration with Class Waivers” – Boston – October 2018
National Retail Federation, Employment Law Meeting – “Help! Navigating English Only Policies and Other Hot Workplace Issues” – New York City – October 2018
Dunkin Donuts Independent Franchise Owners, National Conference – “Navigating Class Action Lawsuits” – New Orleans – June 2018
Ogletree Deakins Workplace Strategies Seminar – “Retail Roundtable: Strategies and Solutions for Today’s Industry Challenges” – Phoenix – May 10, 2018
Dunkin Donuts Independent Franchise Owners, Information Workshop on Regulatory and Lawsuit Exposure in Massachusetts – “Class Actions and Other Challenges in Massachusetts” – Providence – May 2018
Boston Bar Association, Venture Capital and Private Equity Conference – “Due Diligence and Other Challenges In The #MeToo Era” – Boston – April 2018
National Retail Federation, Employment Law Meeting – “The #MeToo Movement and the Retail Workplace” – Longboat Key – April 2018
National Retail Federation, Employment Law Meeting – “Social and Political Issues at Work” – Washington, D.C. – November 2017
National Association of Women Lawyers, Meet the Challenge – “Women and Pay Equity Issues—Strategies For Maximizing Your Compensation And Achieving Equity” – Boston – September 2017
Ogletree Deakins Webinar – “Preparing for the Massachusetts Equal Pay Law, Part I: Whether, When, and How to Conduct a Pay Equity Audit” – June 14, 2017
National Retail Federation, General Counsel’s Forum – “Social and Political Issues at Work” – Washington, D.C. – June 2017
Ogletree Deakins Workplace Strategies Seminar – “Best Practices for Pursuing and Negotiating Class and Collective Action Settlements” – San Diego – May 5, 2017
National Retail Federation, Employment Law Meeting – “Social and Political Issues At Work 2.0” – Longboat Key – April 2017
Ogletree Deakins Briefing – “A Closer Look at Massachusetts’s Pay Equity Law” – Needham – October 20, 2016
National Retail Federation, Employment Law Meeting – “Social and Political Issues At Work” – Washington, D.C. – October 2016
Ogletree Deakins Webinar – “Executive Webinar: Massachusetts Enacts Sweeping Pay Equity Legislation” – August 24, 2016
Ogletree Deakins Workplace Strategies Seminar – “Retail and Hospitality Roundtable – The Top Issues Keeping Employers Up At Night” – Chicago – May 2016
National Retail Federation, General Counsel’s Forum – “Hot Legislative & Regulatory Issues For Retail Employers in 2016” – New York – January 2016
International Council of Shopping Centers, US Shopping Center Law Conference – “Hot Regulatory Legal Issues: What Keeps Us Up at Night” – Phoenix – October 2015
National Retail Federation, Employment Law Meeting – “EEOC and Supreme Court Update” – Washington, DC – October 2015
Ogletree Deakins Workplace Strategies Seminar – “Living Wages – Ethical, Legal, Economic and Practical Issues” – San Antonio – May 2015
Ogletree Deakins Workplace Strategies Seminar – “Retail and Hospitality Roundtable – What’s Keeping Employers Up at Night” – San Antonio – May 2015
National Retail Federation, Employment Law Meeting – “EEOC and Supreme Court Update” – Longboat Key – April 2015
Ogletree Deakins Webinar – “Massachusetts’ New Leave Laws – What Employers Need to Know” – March 2015
National Retail Federation, Employment Law Meeting – “EEOC and Supreme Court Update” – Chicago – October 2014
National Retail Federation, Employment Law Meeting – “EEOC and Supreme Court Update” – Washington – October 2014
National Employment Law Institute – “Employment Arbitration Agreements – Effective Design and Implementation” – Washington – July 2014
National Retail Federation, Employment Law Meeting – “EEOC and Supreme Court Update” – Dallas – October 2012
Boston Bar Association – “The Supremes” – Boston – October 2012 – October 2013
Ogletree Deakins Briefing – “Labor and Employment Law Update” – Boston – September 2012
Ogletree Deakins Briefing – “Class and Collective Action Trends – What Employers Need To Know To Protect Themselves” – Boston – November 2011
Boston Bar Association – “Dancing With The Feds—Tips for Handling Federal Government Investigations and Enforcement Actions” – Boston – Fall 2011
National Retail Federation, Employment Law Meeting – “The Medicare Secondary Payer Statute, the Gorilla In the Settlement Room” – Longboat Key – Spring 2011
Massachusetts Continuing Legal Education, Inc. (Program Chair and Panelist) – “Taking and Defending a Dynamite Deposition in Your Next Employment Case” – Boston – Fall 2010
Massachusetts Continuing Legal Education, Inc. – “Ethical Quandaries for Employment Lawyers” – Boston – Spring 2010
National Retail Federation, Employment Law Meeting – “Common Ethical Dilemmas in Employment Cases—How to Avoid and Resolve Them” – Longboat Key – Spring 2010
Sterling Education Seminars – “Employment Law in These Challenging Times” – Boston – Spring 2009
National Retail Federation, Employment Law Meeting – “Employment Arbitration Agreements—Effective Design and Implementation” – Longboat Key – Spring 2008
Lorman Education Seminars – “Human Resources Fundamentals” – Boston – 2008
South Shore Chamber of Commerce – “Wage and Hour Update” – Quincy – 2008
Boston Bar Association, Labor and Employment Section – “Litigation Tips” – Boston – 2007
Massachusetts Continuing Legal Education, Inc. (Program Chair and Panelist) – “Employment Law for Non-Profits” – Boston – 2007
Massachusetts Continuing Legal Education, Inc., Employment Law Basics Course – “Employee Leaves of Absence” – Boston – 2003 – 2009

Published Works

Media Quotes

March 26, 2024 – Bloomberg Law – “Private Plaintiffs Take Charge in Massachusetts Wage Theft Suits”
November 25, 2020 – Bloomberg Law – “Pandemic Seasonal Workers Get Taste of Elusive Paid Sick Time”
November 2, 2018 – SHRM Online – “11 Compliance Tips for Working with Seasonal Employees During the Holidays”
March 1, 2017 – New England In House – “Judge rejects federal test on meal break compensability”
January 5, 2017 – Massachusetts Lawyers Weekly – “State judge rejects federal test on meal break compensability”
January 3, 2017 – SHRM Online – “Top 7 Workplace Legal Trends for 2017”
October 13, 2016 – HR Executive Online – “Scheduling Under Scrutiny”
January 12, 2016 – Daily Labor Report – “Are Scheduling Measures in D.C., Elsewhere Helping Workers or Meddling in Businesses?”
December 7, 2015 – SHRM Online – “‘Tis the Season to Train Seasonal Workers”
September 25, 2015 – SHRM Online – “Massachusetts Policies and Procedures ‘Checkup’: The Top 10 Areas for Review”
September 11, 2015 – SHRM Online – “Flying Solo: HR Departments of One Still Need Co-Pilots”
September 3, 2015 – Corporate Counsel – “Hiring and Laying Off En Masse? Here’s How”
Fall 2015 – The Practical NLRB Advisor – “Selling employee engagement”
May 14, 2015 – Massachusetts Lawyers Weekly – “Employer denied costs despite prevailing in gender bias trial”
May 4, 2015 – HR Executive Magazine – “Are You Asking Illegal Interview Questions”
August 21, 2014 – Corporate Counsel – “Workplace Laws Offering Leave for Domestic Abuse”
August 19, 2014 – Today's General Counsel – “Non-Compete Legislation Fails in Massachusetts”
November 2012 – Inside Counsel Magazine – “1st Circuit makes it harder to avoid class arbitration”
April 2011 – Law360 – “Ex-Morgan Brown Employment Attys Join Ogletree”