Richard S. Loftus

Rich is a determined and strategic advocate for his clients on complex legal issues from wage and hour disputes to ever-changing pandemic-related concerns. Rich hears what his clients need and knows how to deliver.

Biography

Richard S. Loftus (“Rich”) is an experienced litigator who has successfully represented businesses and employers in state, federal, and administrative proceedings and defended those victories on appeal. Rich focuses his practice on defending employers from single plaintiff and class action wage and hour matters, employment discrimination cases, and in litigating noncompetition and commercial disputes between businesses.

Rich also serves as a trusted advisor to clients from a wide range of industries on subjects such as wage and hour compliance, COVID-19 pandemic issues, anti-discrimination laws at both the federal and state level, employment contracts, restrictive covenants and noncompetition agreements, Family and Medical Leave and the Massachusetts Sick Leave law, and other employment-related issues. Rich also helps guide employers through difficult situations regarding their employees, and helps craft employer policies to enable them to minimize issues in the future.

He is particularly passionate about helping his clients avoid the significant penalties that accompany failure to comply with wage and hour laws, and is a frequent author and presenter on that subject.

Bar Admissions

  • Massachusetts Supreme Judicial Court
  • New Hampshire Supreme Court
  • United States District Court for the District of Massachusetts
  • United States District Court for the District of New Hampshire
  • United States Court of Appeals for the First Circuit

Education

  • Indiana University Maurer School of Law, Juris Doctorate, magna cum laude and Order of the Coif, 2007
  • Boston College, Bachelor of Arts in Political Science, cum laude, 2004

Experience

Prior to joining Hirsch Roberts Weinstein, Rich was a labor & employment and litigation attorney at a Boston law firm. In that position, Rich’s work included representation of both employers and employees as well as companies seeking to protect their intellectual property. Prior to that, Rich worked in both the Boston and Manchester, NH offices of a regional law firm, where he focused on employment, commercial, and construction litigation. In his first job after law school, Rich clerked for Justice Andre Gelinas of the Massachusetts Appeals Court, where he assisted the Justice in researching and writing opinions of the Court.

Publications & Appearances

  • Presenter, “Handling Layoffs,” MCLE New England, June 2021
  • Panelist, “Employment Law for Business Lawyers & In-House Counsel,” MCLE New England, January 2021
  • Co-Author, “Common Defense Strategies,” in Nuts & Bolts of Wrongful Termination, Discrimination & Retaliation Litigation,  a publication by the National Business Institute, 2020
  • Co-Author, “Whistleblowing and Retaliation Litigation, in Nuts & Bolts of Wrongful Termination, Discrimination & Retaliation Litigation, a publication by the National Business Institute, 2020
  • Presenter, “Massachusetts Wage Act: Treble Your Knowledge,” Massachusetts Bar Association, July 2020
  • Author, “Supreme Judicial Court Clarifies Commissions and Trebling Issues,” Massachusetts Bar Association Section Review March/April 2020
  • Co-Presenter, “Employment Law,” Lawyers Clearing House, May 2020
  • Speaker, “Massachusetts Employment Law” National Business Institute Seminar, September 2019
  • Author, “Oral Advocacy in the Superior Court,” Massachusetts Superior Court Civil Practice Manual, September 2019 Edition
  • Presenter, “Advanced Employment Law: What You Need to Know,” National Business Institute, September 2018
  • Co-Presenter, “Navigating Employee Leave,” Green Mountain Human Resources Association, November 2017
  • Presenter, “Human Resource Law from A to Z,” National Business Institute, November 2017
  • Author, “Oral Advocacy in the Superior Court,” Massachusetts Superior Court Civil Practice Manual, 2017 Edition
  • Author, “Supreme Court Issues Rare Decision Favorable to Class Action Plaintiffs,” Bender’s Labor & Employment Bulletin, May 2016
  • Co-Author, “Common-Law Tort Claims in the Employment Context,” Massachusetts Employment Law, MCLE 2015 Edition
  • Co-Author, “Religious Discrimination,” Massachusetts Employment Law, MCLE 2015 Edition
  • Co-Author, “Drafting Pleadings,” Superior Court Practice, MCLE 2012 & 2015 Editions
  • Author, “Enforceability of Releases of FLSA, FMLA, Massachusetts Wage Act, and other Claims in Settlement Agreements,” Employment Law, MCLE 2014
  • Presenter, “Introduction to the Massachusetts Wage Act and Recent Developments,” Boston Bar Association, 2014
  • Co-Author, “Contract Law Update 2012,” Employment Law, MCLE 2012
  • Co-Author, “Patent Trolls—Who, What, Where & How to Defend Against Them,” New Hampshire Bar Journal, 2011

Representative Matters

  • Successfully achieved dismissal of numerous discrimination claims in administrative agencies.
  • Conducted anti-harassment training in Mombasa, Kenya for leadership of an international NGO.
  • Defended numerous clients in state and federal court and administrative agencies.
  • Represented a restaurant group in complying with a governmental investigation of wage and hour issues and obtained a favorable settlement.
  • Counseled private employers on numerous legal issues, including wage and hour compliance, employee handbooks, information security, medical leave, anti-discrimination policies and practices, and guided employers through difficult employee terminations.
  • Obtained dismissal of a lawsuit against a company in federal court, and successfully obtained an affirmance in the United States Court of Appeals for the First Circuit.
  • Successfully appealed, and obtained reversal of, an adverse finding in the Massachusetts Commission Against Discrimination.

Affiliations

  • Member, Boston Bar Association
  • Member, Massachusetts Bar Association
  • Member, Women’s Bar Association

Awards

  • Named a Massachusetts Rising Star by Super Lawyers, 2013-present

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