Tracey Spruce

Tracey E. Spruce

Managing Partner

Tracey Spruce works with employers on a range of employment law matters across the biotech, healthcare, high-tech, manufacturing and professional services industries. Tracey has extensive experience counseling businesses on legal compliance issues related to state and federal employment discrimination laws, wage and hour laws, independent contractor issues, leave of absence requirements, workplace violence, non-competition matters and disability accommodations. She is also a certified civil mediator.

Tracey has performed dozens of workplace investigations to assist employers in fulfilling their obligations to undertake a prompt, thorough, and impartial investigation when employees raise concerns about unlawful discrimination or harassment or other inappropriate workplace conduct.  Her investigations have been praised as fair, detailed, and reflecting thoughtful and critical analysis of complex workplace dynamics.

Tracey provides proactive employment counseling aimed at helping clients avoid conflicts and costly litigation. She reviews and drafts employment policies and handbooks and also presents training to manager and employee groups on a variety of topics, including harassment and discrimination, the Americans with Disabilities Act, interviewing and hiring, the Massachusetts Paid Family and Medical Leave Law, and the Family and Medical Leave Act. When litigation cannot be avoided, Tracey defends employers in employment disputes, including Massachusetts Wage Act claims; claims of sex, race, age, disability, sexual orientation, religious and national origin discrimination and harassment; claims of retaliation; wrongful termination claims; whistle-blowing claims under the Sarbanes-Oxley Act, and breach of contract claims.

Tracey also represents employers and individuals in non-competition cases, both defending against enforcement of non-competition agreements and seeking to enforce non-competition agreements. She has argued numerous pre-trial motions, including motions for injunctive relief, motions to dismiss, motions to compel, and motions for summary judgment. Tracey has argued before the Massachusetts Supreme Judicial Court.

Tracey is the founding member of Spruce Law LLC, which was established in 2012. She began her legal career as an associate in the Labor and Employment Department at Foley Hoag LLP. Prior to starting her own private practice in 2005, she served as in-house Employment Counsel for a high-technology company in Cambridge, MA.

• Provide advice to employers regarding employee relations matters and compensation issues, including compliance with federal and state wage and hour laws and anti-discrimination laws, the Family and Medical Leave Act, the Americans with Disabilities Act, and state statutes such as the Massachusetts Paid Family and Medical Leave Law, and the Massachusetts Sick Leave Law, the Massachusetts Parental Leave Law
• Conduct and supervise investigations into allegations of harassment, discrimination, and other improper workplace conduct
• Conduct training and seminars for managers and employees regarding sexual harassment, other unlawful harassment, and discrimination; discipline and discharge; reductions in force; hiring and interviewing; the Americans with Disabilities Act; and the Family and Medical Leave Act
• Conduct and supervise internal audits regarding employer compliance with federal and state employment laws
• Draft and review personnel policies, handbooks, severance agreements, employment agreements, and non-solicitation and non-competition agreements
• Represent employers seeking to enforce or defending against enforcement of agreements containing post-employment restrictions such as non-competition, non-solicitation and non-disclosure of confidential information and trade secrets
• Represent employers in defending complaints filed with state and federal human rights and anti-discrimination agencies, such as the Massachusetts Commission Against Discrimination and the Equal Employment Opportunity Commission
• Represent employers defending complaints filed in state and federal court asserting employment-related claims, including wage and hour claims, discrimination and harassment claims, and common law claims such as wrongful termination
• Negotiate resolutions to employment disputes through the use of alternative dispute resolution mechanisms, such as arbitration and mediation
• Plan and implement reductions in force, including conducting disparate impact analyses, establishing severance pay policies and guidelines, and ensuring compliance with federal and state plant closing laws