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Martha J. Zackin

Attorney, Mintz Levin

Martha is Of Counsel in the firm's Boston office, practicing in the Employment, Labor & Benefits Section. She has more than 20 years of experience advising and representing clients on a broad range of employment law issues and in adversarial proceedings. In her role as an advisor to employers, boards of directors, and executives, Martha regularly provides practical advice and counsel on a wide range of employment-related issues, including employee relations and policy matters, violations of noncompetition, nonsolicitation and nondisclosure agreements, employee training, employment and separation agreements, affirmative action, mergers and acquisitions, and internal investigations. Martha has represented clients before administrative agencies, courts, arbitrators, and mediators.

Before joining Mintz Levin, Martha was corporate counsel for Keane, Inc., a billion-dollar multinational corporation with, at its peak, approximately 12,000 employees. Beyond her responsibilities as the sole employment lawyer for Keane, Martha assisted the company with Sarbanes-Oxley compliance, corporate governance, M&A due diligence, SEC matters, and risk assessment. Prior to joining Keane in 1994, Martha was with another major Boston law firm.

Representative Matters

  • Secured a $7.8 million judgment on breach of contract and civil conspiracy claims, following a five-day arbitration hearing before a three-member, neutral panel. 
  • Successfully resolved an EEOC class action lawsuit, on highly favorable terms. 
  • Helped the governance committee of the board of directors of a publicly traded company successfully navigate through a high-profile CEO departure, following the public airing of sexual harassment allegations against the executive.
  • Successfully resolved OFCCP and DOL audits.
  • Successfully represented employers and individual executives in numerous proceedings alleging violations of state and federal antidiscrimination laws.

Recognized for excellence, Martha was selected as a 2007 "In-House Leader in the Law" by Massachusetts Lawyers Weekly. She is frequently asked to provide expert commentary on various employment issues, having appeared on The Emily Rooney Show and been quoted in, Boston Business Journal, Business Insurance, and Workforce Management
Recent Speaking Engagements

  • The Puck Stops Here: The 4th Annual Employment Update (Mintz Levin at TD Garden, April 6, 2011)
  • Workplace Violence (New England Human Resources Association, January 13, 2011)
  • Performance Management and Employee Relations (New England Human Resources Association, November 18, 2010) 
  • How Changes to Massachusetts Employment Laws Impact Your Company (Mintz Levin, October 27, 2010). 
  • Employment Law for Business, Small (and Not So Small): Landmines and Checklists (New England Human Resources Association, September 1, 2010)
  • Employment Law Update: Game Plan for a Winning Season (Mintz Levin at Gillette Stadium, August 12, 2010)
  • Managing Employee Leaves of Absence: The Interplay Between the ADA and the FMLA (New England Human Resources Association, May 27, 2010)
  • An Overview of Wage and Hour Law: How to Classify Your Employees and Avoid Common Pitfalls (New England Human Resources Association, April 7, 2010)
  • The Puck Stops Here: The Obama Administration's Impact on the Workforce, One Year Later (Mintz Levin at TD Garden, March 25, 2010)
  • Legal Implications of the Family-Friendly Workplace for Employers and How to Be Prepared (New England Human Resources Association, January 26, 2010)
  • Avoiding the Mouse Trap: Potential Pitfalls Employers Face With Social Networking (Mintz Levin, November 17, 2009)
  • Lilly Ledbetter Aftermath: How the Law Is Changing the Landscape for Employers and How to Be Prepared (New England Human Resources Association, October 6, 2009)
  • The Puck Stops Here: A New World Order, The Obama Administration's Impact on Employment and Labor Laws (Mintz Levin at TD Garden, March 5, 2009)
  • Tough Decisions in Tough Economic Times: Reductions in Force (Mintz Levin, November 13, 2008)
  • How to Conduct an Internal Investigation (ASIS International, May 13, 2008)
  • The Puck Stops Here: Wage and Hour Laws (Mintz Levin at TD Garden, March 6, 2008)

Martha is admitted to practice in Massachusetts and the District of Columbia. She received her B.A. from Emory University (1981), her M.A. in Counseling Psychology from Boston College (1985), and her J.D., *** laude, from Boston College Law School (1989).

Recent Publications

  • Who Is the 'Employer'? Workforce Management (May 2008) 
  • Social Networking Sites Pose New Challenges, Employment Law 360 (August 18, 2008)
  • Social Sites Can Pose New Challenges on Electronic Frontier, Mass Lawyers Weekly Exhibit A (September 2008)
  • Guard Against Lawsuits When Layoffs Are Necessary, Boston Business Journal (December 18, 2008)
  • AIM business blog (Associated Industries of Massachusetts)
  • Mintz Levin's Employment Matters blog

Mintz Levin Employment, Labor & Benefits Alerts and Advisories

  • Supreme Court Rules that Private Text Messages Are Not Always Private
  • Hospitals and Medical Service Providers Take Note: You May be Subject to OFCCP Jurisdiction and Not Even Know It
  • DOL Signals Intent to Increase Oversight of Unpaid Interns
  • U.S. Supreme Court Rules for White Firefighters in Title VII Disparate Treatment Suit
  • First Circuit Revisits Faragher-Ellerth Defense and Holds Employer Liable for Harassment, Underscoring Importance of Comprehensive Complaint Procedure and Training Programs
  • Obama Signs Ledbetter Act; Congress Continues to Debate Paycheck Fairness Act
  • New Department of Labor FMLA Regulations Effective Today 
  • Massachusetts SJC Holds Employer Liable for Contractual Obligations Created by Policies in an Employee Handbook 
  • Department of Labor Publishes New Rules on FMLA Leave
  • First Circuit Reinforces Faragher-Ellerth Defense by Refusing to Hold Employer Liable for Unreported Harassment
  • EEOC Issues New Compliance Guidance on Religious Discrimination in the Workplace in Response to a Dramatic Increase in Charge
  • DOL Issues Proposed Rules to Update Regulations Issued under the Fair Labor Standards Act
  • U.S. Department of Labor's Office of Federal Contract Compliance Programs Unveils New Initiatives for Veterans and Individuals with Disabilities
  • Congress Approves Genetic Antidiscrimination Legislation
  • Attorney General Issues Advisory Providing Important New Guidance on Massachusetts' Independent Contractor Law
  • Bill Mandating Treble Damages in Wage and Hour Disputes Becomes Law
  • Department of Labor Amends FMLA and Releases Proposed New FMLA Regulations

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