Brian M. Casaceli

Legal Administrative Assistant Debra M. Magliano

508.860.1456
dmagliano@mirickoconnell.com

Brian is an associate 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

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 …

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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 …

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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 …

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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, …

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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 …

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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. …

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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 …

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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 …

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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) …

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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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