Aaron Gingrande is an associate practicing in Ropes & Gray’s labor and employment department. Aaron represents employers in complex employment litigation matters including wage and hour class actions, discrimination cases, and disputes concerning non-compete agreements and confidential information. Aaron also has experience in union matters, defending employers in cases involving unfair labor practice charges and disputes over interpretation of collective bargaining agreements. He has litigated court cases, arbitrations, and administrative agency hearings. Aaron has significant trial experience, having prosecuted cases as a special assistant district attorney for the Commonwealth of Massachusetts, where he tried numerous cases to verdict and argued dispositive motions.
Aaron advises employers on matters ranging from wage and hour practices to hiring and termination decisions. He has conducted internal investigations on issues including sexual harassment and workplace theft and security. He also represents clients in mergers and acquisitions, conducting due diligence on labor and employment issues and drafting employment-related agreements.
In his pro bono practice, Aaron helps indigent clients navigate the legal system to obtain Social Security disability insurance and other state-provided benefits. He serves as “team lead” for the firm’s pro bono Medical-Legal Partnership initiative addressing these matters.
Before joining Ropes & Gray, Aaron served as a law clerk to Judge Paul A. Crotty, United States District Court for the Southern District of New York. He is licensed to practice law in both New York and Massachusetts.
Class Actions, Collective Actions, and Other Complex Litigation
- Defended prominent international education company against class action alleging misclassification of employees and unpaid overtime under Massachusetts wage and hours law.
- Secured denial of class certification in case against manufacturing company alleging unpaid overtime and unpaid meal and rest breaks.
- Defended a religious school in federal class action alleging unpaid overtime under a theory that the school was a joint employer.
- Defended hospital management company in three WARN Act lawsuits brought by labor unions and putative class of non-unionized employees in Massachusetts federal court.
Trade Secrets, Non-Competes and Unfair Competition
- Defended private equity company in arbitration brought by former executive who alleged that the company unlawfully withheld money from him under the terms of a non-compete.
- Represented prominent research center in enforcing confidentiality agreement against former employees to prevent disclosure of confidential research.
- Represented insurance company in enforcing non-compete agreement against employee who left to work for a direct competitor.
- Successfully represented a prominent bank in securing the denial of a Freedom of Information Act request that sought the bank’s confidential commercial information.
- Defended hospital against doctor’s allegations that he was terminated for reporting allegedly illegal medical practices and billing procedures.
Trials, Arbitrations, and Appeals
- Defended large asset manager in bench trial of age discrimination claim alleging seven-figures in damages, securing a finding of no liability and dismissal of the case after a five day hearing.
- Successfully appealed a finding by the Massachusetts Commission Against Discrimination (MCAD) that a prominent Massachusetts hospital had discriminated against a nurse on the basis of her disability, persuading MCAD to reverse its decision and find no probable cause of discrimination.
- Secured full dismissal of a race discrimination claim brought in Massachusetts state court against a large community-based non-profit.
- Secured MCAD’s finding of no probable cause of discrimination in a disability discrimination case brought against a non-profit homeless center.
- Represented a vocational school in an arbitration of a labor grievance brought by the union, which resulted in the arbitrator’s finding that the school did not violate the parties’ collective bargaining agreement.
- Represented health care industry clients in labor grievance arbitrations on matters such as terminations, promotions, and interpretation of collective bargaining agreements.
- Represented large grocery chain in appeal of arbitrator’s decision that it violated the National Labor Relations Act in its negotiations with the union and committed various unfair labor practices in its termination of, and dealings with, union members.
- Argued appeal of an unemployment compensation board decision.
- Argued appeal of a denial of Social Security Disability Insurance on behalf of a pro bono client, persuading the judge to award the client thousands of dollars in back payments and in monthly payments going forward on account of his disability.
- Represented high profile investment management company in conducting internal investigation of alleged sexual harassment, improper business expenses, and workplace misconduct.
- Performed internal investigation on behalf of a community development organization regarding instances of theft and breaches of security in its offices.
- Author, “The Import of ‘Undue Hardship’ from the ADA to USERRA: Useful Guideline or Trojan Horse?” University of Pennsylvania Journal of Business Law, Vol. 15, Issue 4 (July, 2013)