Brian M. Casaceli
Partner
Legal Administrative Assistant Ethan J. Clark
Brian is a partner in the Labor, Employment and Employee Benefits Group. Brian focuses his practice on representing employers in federal and state courts in Massachusetts, as well as before the Massachusetts Commission Against Discrimination and the Equal Employment Opportunity Commission in defense of claims of discrimination, sexual harassment, wrongful termination, breach of contract, and wage payment violations. Brian also represents employers in wage and hour investigations by the U.S. Department of Labor and the Massachusetts Attorney General, and in unfair labor practice proceedings before the National Labor Relations Board. Brian further counsels employers on day-to-day employee issues, and has experience drafting employee handbooks and other employee policies.
Brian was included in the 2024 edition of the Best Lawyers: Ones to Watch in America™ for his work in Employee Benefits (ERISA) Law, Labor and Employment Law – Management and Litigation – Labor and Employment. Brian has been named a Massachusetts “Rising Star” by Boston magazine and Law & Politics every year, since 2021. In 2020, Brian was selected by the Worcester Business Journal as one of "40 under Forty" professionals honored for their professional excellence and community service.
Bar & Court Admissions
- Massachusetts
- U.S. District Court for Massachusetts
- U.S. Bankruptcy Court, District of Massachusetts
- Suffolk University Law School JD, summa cum laude (2014), Lindsay R. Breed Bankruptcy Book Award (2014), Distinguished Oral Advocate (2012), Distinguished Brief (2012)
- Stonehill College BA, magna cum laude (2011)
- Obtained summary judgment on behalf of employer and two of its executives in an action brought by a former employee alleging claims of wrongful termination, defamation, and intentional interference with advantageous relations.
- Obtained complete dismissal of several claims including violation of G.L. c. 93A, breach of contract, and wrongful termination asserted by a former employee against two of the company’s managerial employees.
- Obtained a default judgment on behalf of company and its president against former employee on claims of defamation and violation of federal trademark law.
- Successfully litigated against a former employee’s appeal of his denial of unemployment benefits to the Massachusetts Appeals Court on behalf of the individual’s former employer.
- Obtained summary judgment on behalf of employer and several of its employees in action brought by a former employee who had signed a waiver and release of claims following his termination of employment.
- Obtained partial summary judgment on behalf of employer and its president involving two claims under the Massachusetts Wage Act and a breach of contract claim.
- Obtained dismissal of a number of claims brought against different employer clients at the Massachusetts Commission Against Discrimination (MCAD) and Equal Employment Opportunity Commission (EEOC).
Publications/Presentations
- “FTC’s Non-Compete Ban Ruled Unenforceable by Federal Judge,” Mirick O’Connell Client Alert, August 22, 2024
- “Federal Trade Commission Bans Non-Competition Clauses,” Mirick O’Connell Client Alert, April 30, 2024
- “The National Labor Relations Board Strikes Back: Examining the Latest Developments & Trends Under the Biden Administration,” Mirick O’Connell Labor, Employment and Employee Benefits Annual Seminar (May 4, 2023)
- “Navigating Pay Transparency Laws: What Employers Need to Know,” Mirick O’Connell Client Alert, April 19, 2023
- “Private Employers Take Note: Overbroad Non-Disparagement & Confidentiality Restrictions in Severance Agreements Run Afoul of the National Labor Relations Act,” Mirick O’Connell Client Alert, March 29, 2023
- “Balancing the Multiple Roles of In-House Counsel,” Massachusetts Bar Association In-House Counsel Conference, January 26, 2023 (panelist)
- “COVID-19 and Masks: Updated Guidance from OSHA and Massachusetts,” Mirick O’Connell Client Alert, May 19, 2021
- Quoted in “Vaccinations, Masks, and Small Business Rights,” LegalZoom, April 28, 2021
- “What Employers Need to Know About the American Rescue Plan Act of 2021 and the anticipated Massachusetts COVID-19 Emergency Paid Sick Leave,” Mirick O’Connell Employment Law Webinar (April 16, 2021)
- “The New (Not So) Normal,” Massachusetts Bar Association In-House Counsel Conference (January 28, 2021) (panelist)
- "Minimum Wage Increases to $13.50 Per Hour While Holiday and Sunday Premium Pay for Retail Employees Continues Down The Path To Abolishment" Mirick O’Connell Labor, Employment and Employee Benefits Law Blog, January 22, 2021
- "EEOC Releases Guidance on Mandatory Vaccinations" Mirick O’Connell Labor, Employment and Employee Benefits Law Blog, December 18, 2020
- “Federal Court in New York Strikes Down Parts of the Department of Labor's Regulations Interpreting the Families First Coronavirus Response Act,” Mirick O’Connell Client Alert, August 5, 2020
- “Do You Have Questions about Reopening Your Business?” MetroWest Chamber of Commerce Virtual Meeting (July 15, 2020) (panelist)
- “Reopening your Business/Building while Minimizing the Risk of becoming a COVID-19 Hot Spot,” On Air with Mirick O’Connell legal podcast (June 9, 2020)
- “Returning to Work: Considerations for Employers Resuming On-Site Operations During the COVID-19 Pandemic?,” Mirick O’Connell Client Alert, May 14, 2020
- “Key Issues to Consider When Bringing Employees Back to Work,” Milford Area Chamber of Commerce Q&A Session (May 13, 2020)
- "COVID-19’s Impact on the Workplace: Emergency Paid Sick Leave and Emergency Family Medical Leave," Mass Brewers Guild Blog, April 2020
- "COVID-19's Impact on the Workplace: What's the Difference between a Layoff and a Furlough?,” Mirick O’Connell Client Alert, April 22, 2020
- "COVID-19’s Impact on the Workplace: What's the Difference between a Layoff and a Furlough?," Mass Brewers Guild Blog, April 2020
- “COVID-19 Emergency FLMA and Families First Coronavirus Response Act,” On Air with Mirick O’Connell legal podcast (March 31, 2020)
- “Families First Coronavirus Response Act,” ePay Webinar (March 27, 2020)
- "Congress Passes Families First Coronavirus Response Act" Mirick O’Connell Labor, Employment and Employee Benefits Law Blog, March 20, 2020
- “National Labor Relations Board Ends 2019 by Overturning Multiple Obama-Era Labor Decisions,” GGI Insider, March 2020
- “Department of Homeland Security Relaxes Standards for Verifying Work Authorization,” Mirick O’Connell Client Alert, March 24, 2020
- “Congress Passes Families First Coronavirus Response Act,” Mirick O’Connell’s Labor, Employment and Employee Benefits Law Blog, March 20, 2020
- “The Coronavirus and Its Impact on the Workplace: Part II,” Mirick O’Connell Client Alert, March 18, 2020
- “The Coronavirus and Its Impact on the Workplace,” Mirick O’Connell Client Alert, March 11, 2020
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“Massachusetts Against Discrimination’s New Procedural Regulations,” Worcester County Bar Association (March 9, 2020) (moderator)
- “The Massachusetts Noncompetition Act-15 Months Later,” Worcester County Bar Association (January 6, 2020) (moderator)
- “Massachusetts Delays Family and Medical Leave Act Payroll Contribution Three Months,” Mirick O’Connell Labor, Employment and Employee Benefits Law Blog, June 2019
- “Selected Case Investigation Techniques,” Massachusetts Discovery Practice, MCLE, April 2019 (co-author)
- “Department of Labor Releases Proposed Rule to Increase Minimum Salary Threshold for Overtime Exemption” Mirick O’Connell Labor, Employment and Employee Benefits Law Blog, March 2019
- "Coming to a Workplace Near You: New Fair Labor Standards Act Overtime Regulations Appear Imminent,” Mirick O’Connell Labor, Employment and Employee Benefits Law Blog, January 2019
- “Governor Baker Signs Noncompetition Bill Into Law,” Mirick O’Connell Labor, Employment and Employee Benefits Law Blog, August 2018
- “Governor Baker Signs ‘Grand Bargain’ Bill Creating Paid Family and Medical Leave and Raising Minimum Wage,” Mirick O’Connell Labor, Employment and Employee Benefits Law Blog, July 2018
- “NLRB General Counsel Releases Updated Guidance on Employee Handbook Rules,” Mirick O’Connell Labor, Employment and Employee Benefits Law Blog, June 2018
- “Massachusetts Ban-The-Box Law Undergoes an Update,” Mirick O’Connell Labor, Employment and Employee Benefits Law Blog, May 2018
- “Attorney General’s Office Releases Guidance Interpreting an Act to Establish Pay Equity,” Mirick O’Connell Labor, Employment and Employee Benefits Law Blog, March 2018
- “EEOC Releases 2017 Enforcement & Litigation Statistics,” Mirick O’Connell Labor, Employment and Employee Benefits Law Blog, January 2018
- “Weingarten Rights Do Not Apply to Non-Union Employees,” Mirick O’Connell Labor, Employment and Employee Benefits Law Blog, May 2017
- “EEOC Publishes Proposed Guidance on Unlawful Employee Harassment,” Mirick O’Connell Labor, Employment and Employee Benefits Law Blog, April 2017
- “EEOC Releases 2016 Enforcement & Litigation Statistics,” Mirick O’Connell Labor, Employment and Employee Benefits Law Blog, January 2017
- “Is Your Company’s Social Media Policy Compliant with NLRA?,” Mirick O’Connell Labor, Employment and Employee Benefits Law Blog, September 2016
- “NLRB Rules Student Teaching Assistants and Research Assistants May Unionize,” Mirick O’Connell Labor, Employment and Employee Benefits Law Blog, August 2016
- “The Trade Secretes Act: A Federal Remedy for the Misappropriation of Trade Secrets,” Mirick O’Connell Labor, Employment and Employee Benefits Law Blog, May 2016
Professional / Community Affiliations
- Worcester County Bar Association, Labor and Employment Section, Former Co-Chair (2019-2021)
- MetroWest Chamber of Commerce, Board of Directors, chair
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 …
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