Margaret A. O'Brien
Shareholder

Biography

Peg O'Brien is a shareholder of the firm and a member of the Labor and Employment Practice Group. She devotes her practice exclusively to assisting public and private employers in all aspects of employment law and litigation. Prior to joining the firm in 1995, Peg worked for the New Hampshire Public Defender Program where she handled serious criminal matters from arraignment through jury trial and appeal.

Peg has extensive experience advising employers in all phases of employment matters, including:

• Claims of employment discrimination based on race, gender, religion, age, disability, sexual orientation and sexual harassment;
• Best employment practices with respect to individuals with disabilities;
• Lawful options for conducting pre-employment background checks;
• Workplace privacy issues, including drug testing in the workplace and email/internet use monitoring;
• Employer Handbooks and Policies, including drafting and revising entire handbook, sections of handbooks, or individual policies;
• Job classifications, compensation and wage and hour rules under the Fair Labor Standards Act and State Law;
• Leaves of Absence under the Family and Medical Leave Act (FMLA), Workers' Compensation Act, and other regulations, polices and practices;
• Advice and counsel on disciplinary matters, including drafting and revising related paperwork, and advising on any implicated federal and/or state laws on discrimination;
• Negotiating employment contracts for key employees;
• Conducting investigations into allegations of employee misconduct; and,
• Overseeing successful terminations, layoffs and reductions-in-force.

Peg has presented numerous training seminars tailored to clients' specific human resource and management needs. In addition, she has successfully represented a variety of employers against claims filed in state and federal courts and agencies.

Peg welcomes emails and telephone calls from new and existing clients regarding their employment questions and concerns, and understands that immediate legal advice is often the key to successful management of employment problems. She answer emails and calls from employers on a daily basis regarding the employment matters listed above.

EDUCATION:

Colgate University, Bachelor of the Arts, 1987
George Washington University Law Center, Juris Doctorate, 1992

Professional Affiliations

• Manchester Area Human Resource Association
• New Hampshire Bar Association's Labor and Employment Section

Awards & Honors

• BV® Rating, exemplary rating by Martindale-Hubbell

Community Involvement

• Bedford Education Foundation, Board of Directors 2004 to 2008
• Manchester Historic Association, Board of Directors 2005 to 2007
• CASA, Board of Directors 1995 to 2000

Publications

• "Employment Law Guidance: When You Hire an Employee for the First Time", Union Leader, December 1, 2010
• "Holiday leave and pay practices", New Hampshire Business Review, November 5 - November 18, 2010
• Tips for tackling Revisions to Your Employee Handbook; Devine Millimet E-Alert, August 2009
• "School's Out for Summer...", Dateline; NH, June 2009
• The Importance of Performance Evaluations in a Time of Lay Offs; Devine Millimet E-Alert, May 2009;
• Reduced Work Week May Alter Employee’s Exempt Status; Devine Millimet E-Alert, March 2009;
• An Employer’s Guide To The New FMLA Regulations- Part II, Beyond the Basics; Devine Millimet E-Alert, February 2009;
• An Employer’s Guide to the New FMLA Regulations – Part I, Notice Requirements and Certification Procedures; Devine Millimet E-Alert, January 2009;
• Massachusetts Businesses With Fewer Than 6 Employees Are Now Subject to State Anti-Discrimination Law; Devine Millimet E-Alert, November 2008;
• Check-Cashing Fees Imposed by Banks for Non-Account Holders May Create Legal Liability for Employers, Devine Millimet E-Alert, October 2008;
• EEOC Issues Guidance on Performance and Conduct Standards Under the ADA, October 2008;
• "President Bush Signs Amendments To ADA," Dateline; NH October 2008;
• President Bush Signs Law Expanding Protections Afforded Under the Americans with Disability Act; Devine Millimet E-Alert September 2008;
• Significant Changes To The ADA Are Likely By 2008 Year’s End; Devine Millimet E-Alert, July 2008;
• Treble Damages Now Mandated in Massachusetts For Wage and Hour Violations; Devine Millimet E-Alert, April 2008;
• Warn Act – Powerpoint Presentation

Bar Admissions

• New Hampshire