Biography

Harold Lichten is a founding partner of the firm and has been practicing labor and employment law for more than 35 years. His practice focuses on class action and individual litigation relating to the misclassification of employees as independent contractors, violations of the wage and hour laws, discrimination based on race, sex, and disability, and wrongful termination based on protected activity. He also represents labor unions including police, firefighters, steelworkers, and electrical workers.

Mr. Lichten is deeply committed to the field of civil rights and the protection of worker rights. He has successfully tried many jury trials, recently recovering nearly $2 million for a City Auditor who was unlawfully fired for testifying against his boss. Mr. Lichten has been lead or co-counsel in landmark employment cases around the country and has obtained significant jury verdicts for individuals who have been the victim of discrimination, retaliation, or whistleblowing, and he has argued and won appeals in the United States Court of Appeals for the First, Third, and Eleventh Circuits. In addition to his representation of classes of employees, individuals, and labor unions, Mr. Lichten has frequently taught courses in employment discrimination, misclassification of workers, and labor law for local, state, and national law organizations.

In 2003 and 2015, he was named Lawyer of the Year by Massachusetts Lawyers Weekly, and he has been voted a Massachusetts Super Lawyer in each of the last ten years. He is a graduate of the University of Pennsylvania and New York University School of Law.

Major Cases

Pace v. City of Lynn, Case No. 11-01360, slip op. (Essex Super. Ct., June 6, 2014) (whistleblower case involving city employee with a multi-million dollar verdict won for plaintiff)

Martins, et al. v. 3PD, Inc., 2013 WL 1320454 (D. Mass 2013) (won class certification and summary judgment that appliance delivery drivers were employees, not independent contractors)

Sam Hargrove, et al. v. Sleepy’s, et al., Case Nos. 12-2541/12-2542 (3rd Cir. 2013) (won reversal and remand of decision finding New Jersey truck drivers to be independent contractors, not employees of Sleepy’s)

Scantland, et al. v. Jeffry Knight, Inc., et al., 721 F.3d 1308 (11th Cir. 2013) (reversing trial court ruling that cable installers were properly classified as independent contractors)

Lopez, et al. v. Commonwealth of Massachusetts, 463 Mass. 696 (2012) (Supreme Court of Massachusetts reversed lower court decision and held that the Commonwealth of Massachusetts may be held liable under state discrimination law for constructing discriminatory promotional exams)

In The News

Mr. Lichten was named a 2003 and 2015 Lawyer of the Year by Massachusetts Lawyers Weekly.

Boston police lieutenant exam discriminated against minorities, judge says
The Boston Globe | July, 2017

Judge rules Boston police exam discriminated against minorities
The Boston Globe | November, 2015

Court suspends probation officer demotions
The Boston Globe | August, 2015

MCAD ruling supports black Worcester officers passed over for promotion
Telegram & Gazette | July, 2015

NJ’s Definition of ‘Employee’ Revives Sleepy’s Class Suit
New Jersey Law Journal | May, 2015

Fired official wins suit vs. city
The Boston Globe | June, 2014

Black police officials sue city
The Boston Globe | February, 2012

Police hit with bias decision; Two officers may be due ‘millions’
Worcester Telegram | November, 2011

Endo Sales Reps Win Conditional Cert. For OT Suit
Law 360 | June, 2011

Sebring men sue MasTec for OT pay
Tampa Bay Online | June, 2010

Contractors cry foul over benefit-excluding system
St. Petersburg Times | December, 2009

Independent contractor decision has lawyers wary
Mass Lawyers Weekly | December, 2008

Judge says firefighter tests biased and unfair
The Boston Globe | August, 2006

Organized labor of love
The Boston Globe | February, 2005

Education

New York University School of Law, J.D., 1977
University of Pennsylvania, B.A., 1974

Professional Affiliations

Member, National Employment Lawyers Association
Member, AFL-CIO Lawyers Coordinating Committee

Bar and Court Admissions

Member, State Bar of Massachusetts, since 1987
Member, State Bar of Maine, since 1978

Admitted to practice before the U.S. Supreme Court, U.S. District Court of Massachusetts, U.S. District Court of Maine, the U.S. Court of Appeals, First, Second, Third, Fourth, Sixth, Seventh, Ninth, Eleventh, and D.C. Circuits.

Practice Areas

Labor unions, wage and hour class actions, wrongful termination, employment discrimination