Corey F. Higgins
Partner
Legal Administrative Assistant Debra M. Ostrander
Corey is a Partner and Chair of the Firm's Labor, Employment and Employee Benefits Group. He represents both private- and public-sector employers. His practice covers all areas of labor and employment law, including collective bargaining, unfair labor practices, labor arbitration, employment discrimination, non-competition and non-disclosure agreements, unemployment appeals and various other employment-related issues. Corey also routinely counsels employers about the application of various Massachusetts and federal employment laws, including the Family and Medical Leave Act (FMLA), the Massachusetts Earned Sick Leave Time Law, the Massachusetts Parental Leave Act, the Fair Labor Standards Act (FLSA), the Worker Adjustment and Retraining Notification Act (WARN), the Massachusetts Plant Closing Law, the Massachusetts Independent Contractor law, and other Massachusetts wage and hour laws.
Corey was named a Massachusetts “Rising Star” by Boston magazine and Law & Politics in 2008-2012. In 2013, he was selected by the Worcester Business Journal as one of “40 under Forty” professionals honored for their professional excellence and community service.
Corey is also an alumnus of the Leadership Worcester class of 2015-2016.
Bar & Court Admissions
- Massachusetts
- Pennsylvania
- U.S. District Court for Massachusetts
- U.S. District Court for the Eastern District of Pennsylvania
- Villanova University School of Law JD (2002)
- Lafayette College AB (1999)
- Represented employers in enforcement and defense of non-competition and non-solicitation agreements
- Represented employers in collective bargaining negotiations and grievance arbitrations
- Represented employers before the Commonwealth's Division of Unemployment Assistance in matters concerning claims for unemployment filed by former employees
- Represented employers before the Commonwealth's Department of Labor Relations in prosecution of unfair labor practices committed by unions and in defense of charges of prohibited practice filed by unions
- Represented employers before the Massachusetts Commission Against Discrimination and in state and federal courts in defense of charges of protected class discrimination
- Represented a school district in defense of a grievance filed by a union alleging the school district's violation of a collective bargaining agreement by changing employee shift assignments
- Regularly advises employers on matters relating to use of social media in the workplace
- Routinely advises employers on new Massachusetts Earned Sick Time Law
- Advises employers on marijuana use in the workplace
Publications/Presentations
- "Employer Obligations Under the MA Paid Family Medical Leave Law," Mirick O’Connell Client Alert, November 25, 2024
- “Overtime Protections Expanded for Millions of Workers,” Mirick O’Connell Client Alert, April 25, 2024
- Labor, Employment and Employee Benefits Legal Update: “Dartmouth College Men’s Basketball Team Held to Be Employees of Institution and Allowed to Unionize,” Mirick O’Connell Client Alert, February 12, 2024
- Labor, Employment and Employee Benefits Legal Update: “All Employees Now Permitted to ‘Top Off’ Benefits Under Massachusetts Paid Family and Medical Leave Law; New Contribution Rates and Weekly Benefit Amounts Set to Take Effect January 1, 2024,” Mirick O’Connell Client Alert, November 21, 2023
- “Effectively Navigating the Massachusetts Paid Family and Medical Leave Act,” Mirick O’Connell Labor, Employment and Employee Benefits Annual Seminar (May 4, 2023)
- Labor, Employment and Employee Benefits Legal Update: “The NLRB Pendulum Swings Back: Employers Face Increased Liability for Damages, While It’s Once Again Easier for Smaller Worker Groups to Organize,” Mirick O’Connell Client Alert, December 16, 2022
- Charter Schools Legal Update: “Scope of Supreme Court Decision Allowing Coach to Pray on Field Limited,” Mirick O’Connell Client Alert, June 29, 2022
-
Public Education Legal Update: “Scope of Supreme Court Decision Allowing Coach to Pray on Field Limited,” Mirick O’Connell Client Alert, June 29, 2022
- “Massachusetts "POST" Commission Enjoined From Requiring Police Officers to Answer Certain Questions on New Questionnaire relating to Police Officer Recertification,” Mirick O’Connell Client Alert, June 29, 2022
- "How to Navigate Mental Health Issues under the ADA," Massachusetts Associations of School Business Officials (May 18, 2022) (co-presenter)
- "Massachusetts Legislature Enacts School Anti-Lunch Shaming Law," Mirick O'Connell Client Alert, December 2, 2021
- “What Employers Need to Know About President Biden’s ‘Path Out of the Pandemic’ COVID-19 Action Plan,” Mirick O’Connell Labor, Employment and Employee Benefits Law Blog, September 17, 2021
- “What Employers Need to Know About President Biden’s ‘Path Out of the Pandemic’ COVID-19 Action Plan,” Mirick O’Connell Client Alert, September 14, 2021
- “Paid Family Medical Leave: Are We Having Fun Yet?” Mirick O’Connell Employment Law Webinar (April 29, 2021)
- “Navigating the PFML Act,” North Central Massachusetts Chamber of Commerce, Human Resources Council (January 20, 2021)
- “Paid Family and Medical Leave is Right Around the Corner!,” Mirick O’Connell Labor, Employment and Employee Benefits Law Blog, December 10, 2020
- “Massachusetts’ Paid Family & Medical Leave Act,” Mirick O’Connell Webinar (December 3, 2020) (co-presenter)
- “Paid Family Medical Leave Act Update,” North Central Massachusetts Chamber of Commerce, Human Resources Council (September 22, 2020)
- “U.S. Department of Labor Issues Final Rule About How to Calculate ‘Rate of Pay’ Under Fair Labor Standards Act,” Mirick O’Connell Labor, Employment and Employee Benefits Law Blog, December 19, 2019
- “A Friendly Reminder about Veterans’ Rights to Time Off for the Upcoming Veterans Day Holiday under the Massachusetts BRAVE Act,” Mirick O’Connell Labor, Employment and Employee Benefits Law Blog, November 6, 2019
- “U.S. Supreme Court Deals Blow to Public Sector Unions in Janus v. AFSCME – Holds Agency Fees May Not Be Charged to Nonconsenting Public Sector Employees,” Mirick O’Connell Labor, Employment and Employee Benefits Law Blog, June 27, 2018
- “Do Your COBRA Notices Comply with the Law? If Not, Your Organization Could be Susceptible to a Class Action Lawsuit,” Mirick O’Connell Labor, Employment and Employee Benefits Law Blog, September 6, 2017
- What Does the Trump Administration Mean for Employers? North Central Massachusetts Chamber of Commerce, Human Resources Council (January 18, 2017) (co-presenter)
- “USCIS Issues Updated Form I-9,” Mirick O’Connell Labor, Employment and Employee Benefits Law Blog, November 22, 2016
- “A Review of the U.S. Department of Labor’s Overtime Final Rule, A Reminder About Massachusetts Minimum Wage, and An Update on the New Transgender Law,” North Central Massachusetts Chamber of Commerce, Human Resources Council (November 16, 2016) (co-presenter)
- “Employers Take Notice: New OSHA Recordings and reporting Occupational Injuries and Illnesses Regulations Taking Effect on August 10, 2016 and January 1, 2017, Respectively,” Mirick O’Connell Labor, Employment and Employee Benefits Law Blog, August 4, 2016
- “A Review of the U.S. Department of Labor’s new Overtime Final Rule and Its Affect on the Workplace,” North Central Massachusetts Chamber of Commerce, Human Resources Council (June 15, 2016)
- “Update on Transgender Issues, Medical Marijuana in the Workplace, and the Massachusetts Earned Sick Time Law, North Central Massachusetts Chamber of Commerce, Human Resources Council (June 3, 2016)
- “What Every Employer Should Know About OSHA,” Mirick O’Connell Labor, Employment and Employee Benefits Seminar (April 2016) (co-presenter)
- “Gender Identity, Transgender Status, and Diversity: The Latest Frontier in Today’s Workforce,” HRMA Perspectives, February 2016
- “A Review of Final Regulations on the New Earned Sick Time Law: What Affected Employers Must Do to Be in Compliance,” (June 25 and July 16, 2015) (co-presenter)
- “Managing Employee Leaves of Absence under the Family and Medical Leave Act,” Northeast Human Resources Association (April 27, 2015)
- “Update on the National Labor Relations Board and Social Media,” North Central Massachusetts Chamber of Commerce, Human Resources Council (April 15, 2015)
- “Update on Earned Sick Time, Parental Leave, and Domestic Violence Leave Laws: How Do These Law Changes Affect Time Off Policies?,” Mirick O’Connell Labor, Employment and Employee Benefits Seminar (April 2015) (co-presenter)
- “Social Media in the Workplace: Potential Risks and Considerations Associated with Both Employer and Employee Usage,” Northeast Human Resources Association (January 26, 2015)
- “What Employers Need to Know About the New Massachusetts Earned Sick Time Law, North Central Massachusetts Chamber of Commerce, Human Resources Council (January 16, 2015) (co-presenter)
- “New Law Entitles All Employees to Earned Sick Time in Massachusetts: Employers Must Prepare Accordingly,” HRMA Perspectives, January 2015
- “A Review of Paid Time Off and the Massachusetts Blue Laws,” North Central Massachusetts Chamber of Commerce, Human Resources Council (June 18, 2014) (co-presenter)
- “A Review of the Hiring Process,” North Central Massachusetts Chamber of Commerce Small Business Lunch N’ Learn (May 20, 2014)
- “Some Recommended Best Practices for Avoiding Claims of Discrimination in Managing the Multigenerational Workforce,” HRMA Perspectives, January 2014
- “What the Presidential Election Means for Non-Unionized Workplaces,” Mirick O’Connell Labor, Employment and Employee Benefits Seminar (March 2013) (co-presenter)
- “Employers Beware of Recent Adverse Decisions Against Companies Whose Employees Were Involved in Auto Accidents While Using Cell Phones While Driving,” HRMA Perspectives, January 2013
- Fox 25 News Morning Show interview, “Fired For Facebook: Know Your Rights,” (August 14, 2012)
- “What Every HR Manager Should Know,” Gould Construction Institute – Associated Builder and Contractors (October 2011) (co-presenter)
- “Stepping Up Enforcement of Employer Violations for Disciplining Employees for Social Media Postings, NLRB Issues First Ever ALJ Decision Involving Facebook,” HRMA Perspectives, October 2011
- “Review of Open Meeting Law and Executive Session Rules,” Mirick O’Connell Seminar, September 2011 (co-presenter)
- “Health Coverage & Collective Bargaining: New Options, New Strategies,” Mirick O’Connell Labor, Employment and Employee Benefits Seminar (July 2011) (co-presenter)
- “Legal Challenges Presented by Social Media,” HRMA (April 2011) (co-presenter)
- “Social Media: Yesterday, Today and Tomorrow,” Mirick O’Connell Labor, Employment and Employee Benefits Seminar (March 2011) (co-presenter)
- “The Next Frontier: Charting a Course to Successfully Tackle Legal Issues Arising from the Use of Social Media Sites and Blogs in the Workplace,” Mirick O’Connell Labor, Employment and Employee Benefits Seminar (July 2011) (co-presenter)
- Mirick O’Connell Business Law e-Report, December 2009 (contributing author)
- “Employers Who Misclassify Employees as Independent Contractors Beware,” HRMA Perspectives, October 2009
- "Layoffs in a Down Economy," Mirick O'Connell Labor, Employment and Employee Benefits Seminar (March 2009) (co-presenter)
- Moderator, "Employment Agreements: When Are They Enforceable in Massachusetts?" Worcester County Bar Association Bench/Bar Day, Labor and Employment Law Section (March 2008)
- "Recent Amendments to Americans with Disabilities Act Expands Law's Protections," HRMA Perspectives, November 2008
- "Family and Medical Leave Act Amended to Provide Additional Leave Benefits for Members of Armed Services," HRMA Perspectives, February 2008
- "Five-Year Gap in Employee's Periods of Service with Same Employer Not Bar to FMLA Eligibility," HRMA Perspectives, March 2007
Professional / Community Affiliations
- American Bar Association, Labor and Employment Law Section
- Massachusetts Bar Association, Labor and Employment Law Section, PFML Regulations Subcommittee, chair
- Worcester County Bar Association, Labor and Employment Law Section, past co-chair
- Community Legal Aid of Central MA, Board member, Access to Justice Committee
- North Central MA Chamber of Commerce, Human Resources Council member
Dartmouth College Men’s Basketball Team Held to Be Employees of Institution and Allowed to Unionize
In the Matter of Trustees of Dartmouth College & Service Employees International Union, Local 560, Case 01-RC-325633 (2024), the Regional Office of the National Labor Relations Board (the “NLRB” or the “Board”) has provided yet another expansion of the Board’s on-going …
[ load webpage to read more ]New California Non-Compete Law Prohibits Almost All Non-Compete Agreements and Requires Notice to Certain Current and Former Employees by February 14
California has long taken an extremely strong position against non-compete agreements, but new laws which took effect January 1, 2024 make that prohibition even stronger and impact employers nationwide who have any employees in California. California now expressly prohibits any …
[ load webpage to read more ]Navigating Pay Transparency Laws: What Employers Need to Know
Over the last several years, in an effort to close the gender pay gap, several states and localities across the country have enacted pay transparency laws that, generally, require employers of certain sizes with employees in those locations to disclose …
[ load webpage to read more ]Private Employers Take Note: Overbroad Non-Disparagement & Confidentiality Restrictions in Severance Agreements Run Afoul of the National Labor Relations Act
As many employers well know, it is customary to include non-disparagement and confidentiality provisions in severance agreements that prohibit departing employees from (i) making disparaging, critical, or otherwise detrimental comments concerning the employer and (ii) disclosing information concerning the substance, …
[ load webpage to read more ]Is Your Company in Compliance With Executive Order 13706?
In September 2015, Executive Order 13706 was signed, requiring employers that enter into covered contracts with the federal government to provide covered employees with up to seven days (56 hours) of paid sick leave annually, including paid leave allowing for …
[ load webpage to read more ]SJC Finds Public Meeting Comment Restrictions Unconstitutional
Government boards and committees should review their public comment policies following a decision this week by the Supreme Judicial Court holding that a “civility code” violated the Massachusetts Constitution’s Declaration of Rights and the Massachusetts Civil Rights Act. In Barron v. …
[ load webpage to read more ]The FTC’s Proposed Ban On Noncompetes – Predictions
Following his election, President Biden issued “The Biden Plan for Strengthening Worker Organizing, Collective Bargaining and Unions,” in which he promised to work with Congress to “eliminate all non-compete agreements” with very limited exceptions. While a bipartisan bill, the Workforce …
[ load webpage to read more ]Update Policies to Comply with the Massachusetts CROWN Act
At the end of October 2022, the Massachusetts Act Prohibiting Discrimination Based on Natural and Protective Hairstyles (the “CROWN Act”) went into effect. The CROWN Act expands the definition of “race” under Chapter 151B to include “traits historically associated with …
[ load webpage to read more ]2023 Changes in Massachusetts Employment Laws
Beginning January 1, 2023, changes to the Massachusetts Minimum Wage Law, retail premium pay, and Massachusetts Paid Family and Medical Leave Law take effect. Changes to Minimum Wage & Premium Pay Changes to Paid Family and Medical Leave (PFML) …
[ load webpage to read more ]Employers Must Remember Their Obligations under the Massachusetts Pregnant Workers Fairness Act
The Massachusetts Pregnant Workers Fairness Act (the “Act”), which went into effect on April 1, 2018, amended Massachusetts General Law c. 151B to include “pregnancy or a condition related to pregnancy, including, but not limited to, lactation, or the need …
[ load webpage to read more ]