Direct: (781) 849-8479
Fax: (781) 356-3393

Daniel W. Rice focuses his practice on the representation of parties in employment disputes before state and federal courts and administrative agencies. He has secured outstanding results through both jury verdicts and settlements in a range of employment disputes, including claims of age discrimination, sexual harassment, pregnancy discrimination, whistle-blowing, violations of the First Amendment, race discrimination, non-competition agreements, and wage claims under the Fair Labor Standards Act and Massachusetts Payment of Wages law. Daniel has successfully litigated cases involving large companies in the telecommunications and retail industries, the Commonwealth of Massachusetts, and large municipalities in Massachusetts.

Daniel is a 1986 graduate of Brown University and a 1991 graduate of Suffolk University Law School, cum laude.  He is admitted to the state and federal bars of Massachusetts.


Reported Cases of Note

Thurdin v. SEI Boston, LLC, 452 Mass. 436 (2008)
Landmark decision holding that employees of Massachusetts employers with fewer than six employees may assert claims for unlawful discrimination under the Massachusetts Equal Rights Act, G.L. c. 93, § 102.

Mansfield v. Pitney Bowes, Inc., 2013 WL 947191 (D. Mass. 2013)
The Massachusetts Payment of Wages Law, G.L. c. 149, § 148, does not preempt a salesman’s common law claims that under monthly commission agreement, his employer wrongfully denied him commissions due him in months after it terminated salesman’s employment contract.

Rudy v. City of Lowell, 777 F.Supp.2d 255 (D. Mass. 2011)
Damages due class members for unpaid overtime under the Fair Labor Standards Act (“FLSA”) must be calculated on a weekly basis, and may not be offset “cumulatively” by payments their employer might have made in excess of FLSA requirements in previous or subsequent weeks.

Flipp v. Town of Rockland, 613 F.Supp.2d 141 (D. Mass. 2009)
To make out a prima facie case of discrimination under Title VII, 42 U.S.C. § 2000e, an employee need not allege or show that her position was filled by someone outside her protected class.

Fernandes v. Wal-Mart Stores, Inc., 2007 WL 671291 (D. Mass. 2007)
Employee’s claim under the Family Medical Leave Act (“FMLA”) not barred for failure to request leave in advance, where need for leave was not foreseeable and employee was not provided the opportunity to request leave retroactively.

Allain v. Mass. DOC, Norfolk Superior Court C.A. No. 2003-01528
Commonwealth’s failure to pay National Guardsman wages for military service is subject to the Massachusetts Payment of Wages Law, G.L. c. 149, § 148.

Lemire v. Silva, 104 F. Supp. 3d 80 (D. Mass. 2000)
Under the Americans With Disabilities Act (“ADA”), the abilities to travel, work, and to interact with others are major life activities. Moreover, a plaintiff’s application for or receipt of Social Security disability benefits does not preclude her claim under the ADA.