Erica E. Flores

Specialization

• Employment litigation in state and federal courts and agencies
• Class action lawsuits
• Discrimination, harassment and retaliation actions
• Employee benefits advice and litigation

About Erica's Practice

Erica E. Flores joined the firm in 2013. Erica has successfully defended employers in single-plaintiff and class action discrimination, harassment and retaliation litigation, wage and hour litigation, and breach of contract/non-competition litigation before state and federal courts and administrative agencies. She has also defended employers, employee benefit plans and benefit plan fiduciaries against a variety of ERISA breach of fiduciary duty, prohibited transaction and benefits claims. In addition to her litigation practice, Erica regularly advises clients with respect to day-to-day employment issues, including decisions regarding adverse employment actions and litigation avoidance.

Education

• J.D., University of Pennsylvania Law School, Philadelphia, Pennsylvania, 2005
• B.S., University of Colorado, Boulder, Colorado, 2001

Major Publications & Speaking Engagements

• Editor, Massachusetts Employment Law Letter
• Contributing Editor, New England Employment Law Letter
• Author, "Employers can't fire employees for placing rebuttal in their personnel file after all," Massachusetts Employment Law Letter, and HR Daily Advisor, February 3, 2022
• Author, "Wait, I can't do that? Top 5 obscure legal protections for employers," Massachusetts Employment Law Letter, March 2019, and HR Daily Advisor, March 25, 2019
• Co-Author, "Don't ask about prescription meds without reasonable belief, objective evidence," Massachusetts Employment Law Letter, August 2018, and Diversity Insight, August 15, 2018
• Quoted, "Equal Pay Ruling Supports Trend Against Asking Applicants for Salary History," HR Daily Advisor, April 11, 2018
• Quoted, "Luncheon provides sexual harassment avoidance knowledge," 22 News WWLP, January 11, 2018
• Author, "Massachusetts court says individual supervisor may be liable under the FMLA," Massachusetts Employment Law Letter, July 2017, and HR Daily Advisor, August 30, 2017
• Author, "Massachusetts ruling opens door to discrimination suits over medical marijuana," Human Resources News, July 18, 2017
• Author, "Service animal or pet? When Rover comes to work," Massachusetts Employment Law Letter, March 2015, and Diversity Insight, May 14, 2017
• Author, "Commission structure doesn't justify failure to pay wages due at termination," Massachusetts Employment Law Letter, January 2017, and HR Daily Advisor, February 28, 2017
• Author, "Overtime: Triple damages may be required in Massachusetts," Massachusetts Employment Law Letter, February 2016, and HR.BLR.com, March 9, 2016
• Author, "Passing on disabled candidates for safety reasons is risky business," Massachusetts Employment Law Letter, December 2015, and Diversity Insight, December 20, 2015
• Quoted, "Collies in the cubicle? Exploring pros and cons of pets at work," HR Hero Line, November 20, 2015
• Contributing Author, Report of the Fiduciary Responsibility Subcommittee of the ABA Section of Labor and Employment Law Employee Benefits Committee (2012)
• Contributing Author, Noncompete Jurisprudence During The Recession, Law360 (2010)
• Author, “People Not Places:” The Fiction of Consent, The Force of the Public Interest, and the Fallacy of Objectivity in Police Encounters with Passengers During Traffic Stops, 7 University of Pennsylvania Journal of Constitutional Law 1071 (2005)

Professional Recognition

• Clerk to the Honorable Russell M. Nigro, Associate Justice of the Supreme Court of Pennsylvania, 2005-2006
• Member, American Bar Association
• Member, Massachusetts Bar Association
• Member, Hampden County Bar Association

Admitted to Practice

• New York, 2006
• U.S. District Court, Southern District of New York, 2007
• New Jersey, 2009
• U.S. District Court, District of New Jersey, 2009
• Pennsylvania, 2009
• U.S. District Court, Eastern District of Pennsylvania, 2009
• U.S. Court of Appeals, First Circuit, 2011
• U.S. Court of Appeals, Tenth Circuit, 2011
• U.S. Court of Appeals, Third Circuit, 2012
• U.S. Court of Appeals, Sixth Circuit, 2012
• Massachusetts, 2014
• U.S. District Court, District of Massachusetts, 2014