Hillary Schwab

Hillary Schwab

Attorney
Location:
Boston, Massachusetts
Phone:
617-612-5521
Email:

Hillary has represented employees in a variety of contexts for over 15 years. Prior to forming Fair Work P.C., she was a partner at a nationally-recognized employment class action firm, where she helped pioneer cases against restaurants, caterers, and other companies concerning their misappropriation of tips and service charges. In 2008, Massachusetts Lawyers Weekly named Hillary an "Up and Coming Lawyer," an award that recognizes attorneys who have been licensed for less than 10 years, but who have already distinguished themselves in their field. Hillary has also been rated a "Super Lawyer" every year since 2013.

Hillary has extensive experience litigating and resolving all types of employment matters. Since 2008, she has helped recover millions of dollars on behalf of wait staff and service employees whose employers have improperly retained or distributed tips, gratuities, and service charges. She has also successfully pursued class action cases involving claims that companies have misclassified their workers as independent contractors, and class actions involving claims for unpaid wages, unpaid and underpaid work time, failure to pay the minimum wage, and failure to pay overtime. In addition to her class action practice, Hillary has also represented numerous individual clients on claims involving allegations of whistleblower retaliation and race, sex, and disability discrimination. Hillary has served as trial counsel in several cases at both the state and federal level. She has also handled appeals before the Massachusetts Appeals Court, the Massachusetts Supreme Judicial Court, and the United States First Circuit Court of Appeals on issues ranging from arbitration, federal preemption, recoverable damages for misclassified workers and service employees.

At the trial level, Hillary has served as co-counsel in three cases where juries returned verdicts for servers on claims that they had not been permitted to receive or retain all tips they were owed under state law. In 2009, she also served as co-counsel in a case in which a jury returned a verdict in favor of her client, a police officer who claimed that he was removed from his position as head of the detective division for the Stoughton Police Department in violation of the First Amendment and the Massachusetts Whistleblower Act. The jury returned a six-figure award for lost wages, emotional distress damages, and punitive damages, and the judge returned him to his position as head of the detective division. Hillary also represented an individual who had been denied a position with the U.S. Foreign Service because of her diabetes. On the eve of trial in 2009, the State Department agreed to a settlement in which it paid her attorneys' fees and lost wages and hired her to a position with the Foreign Service.

Earlier in her career, Hillary worked for several years in civil rights and the public sector. After graduating from Columbia Law School, she was a law clerk for Judge Robert P. Patterson, Jr. in the United States District Court for the Southern District of New York and then for Judge Leonard I. Garth for the United States Court of Appeals for the Third Circuit. Hillary then spent a year at the Center for Reproductive Rights in New York as a Blackmun Fellow, litigating cases concerning reproductive rights in state and federal courts all over the country. She then practiced law in Wisconsin for several years, where she first worked representing victims of domestic violence in a rural community and then served as an Assistant Attorney General in the Environmental Protection Unit at the Wisconsin Department of Justice.

Hillary lives in Brookline with her husband, a dog, and three children. She spends as much time as possible at the beach and will swim in the Atlantic Ocean in Massachusetts pretty much any time between May and October.

Areas of Practice

  • Employment Law

Bar Admissions

  • Massachusetts
  • New York

Education

  • Columbia Law School, New York, New York
    • J.D. - 1999
    • Law Review: Columbia Law Review, Notes Committee, 1998 - 1999
  • Brown University
    • A.B. - 1995

Classes/Seminars

  • Presenter on Finding your Voice in Conflict – Strategies for Dispute Resolution in all Aspects in Life, Women Awakening, December 2017
  • Faculty speaker on panel concerning tip pooling, Bridgeport Continuing Legal Education, June 2017
  • Panel speaker, Reinventing Motion Practice to Win, Precision Advocacy, May 2017
  • Speaker on panel concerning developments in wage and hour litigation, discrimination, collective actions, and private settlements, JAMS / Mass Lawyers Weekly, October 2017
  • Faculty, Robert Fuchs Labor Law Conference: Government and the Bar Confront the Fissured Workplace, Massachusetts Bar Association, October 2015
  • Panel speaker, Nuts and Bolts of Employment Law Class and Collective Actions, Massachusetts Continuing Legal Education, December 2014
  • Speaker on panel concerning recent Supreme Judicial Court wage decisions, Boston Bar Association, October 2011

Honors and Awards

  • Super Lawyer, 2013 - Present
  • Up and Coming Lawyer, Massachusetts Lawyers Weekly, 2008

Professional Associations and Memberships

  • National Lawyers Guild, Member
  • NARAL Pro-Choice Massachusetts, Member