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.

In 2021 and 2022, Boston magazine and Law & Politics named Brian a Massachusetts “Rising Star.”  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, co-chair
  • MetroWest Chamber of Commerce, Board of Directors, member

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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DOL Proposes to Revert the Independent Contractor Analysis to the Employee-Friendly Totality-Of-The-Circumstances Analysis 

On October 11, 2022, the Department of Labor (“DOL”) issued a new proposed rule, entitled “Independent Contractor Status Under the Fair Labor Standards Act,” for determining whether an individual is an independent contractor or an employee under the Fair Labor …

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EEOC Issues Updated Guidance Regarding COVID Screening by Employers

On July 12, 2022, the Equal Employment Opportunity Commission issued updated guidance for employers regarding COVID-19 testing and accommodations. Perhaps most impactful, the EEOC altered its position regarding employers testing employees for COVID-19 as part of a mandatory screening prior …

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Don’t Delay: MA Employers Are Now Strictly Liable for Three Times the Amount of Wages for Late Payments With No Safe Harbor for Paying in Full Prior to Suit!

Under the Massachusetts Wage Act (the “Wage Act”), if an employee voluntarily quits their employment, the employer must pay the employee their final wages, including any earned, unused vacation pay, on the employer’s next regular pay day. However, when an employee …

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The Times They Keep A-Changing: The New Illinois Restrictions on the Use of Non-Compete and Non-Solicit Agreements

The state-by-state non-compete reform movement keeps rolling – this time in the state of Illinois.  Effective January 1, 2022, the Illinois Freedom to Work Act has dramatically changed the landscape for employers in that state who desire to use non-compete …

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OSHA Withdraws COVID-19 ETS, But Signals That It Is Moving Forward with Final Rule

On January 25, 2022, OSHA announced the withdrawal COVID-19 Vaccination and Testing Emergency Temporary Standard (the “ETS”). In the announcement, OSHA stated that although it “is withdrawing the [ETS] as an enforceable emergency temporary standard, [it] is not withdrawing the …

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Supreme Court Stays OSHA’s COVID ETS

The OSHA COVID ETS is once again stayed. On January 13, 2022, the United States Supreme Court stayed OSHA’s Emergency Temporary Standard which required that employers with 100+ employees require employees to either (a) become vaccinated against COVID-19; or (b) …

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The District of Columbia’s Aggressive Ban on Non-Compete Agreements Likely to Take Effect in 2022

In December 2020, the District of Columbia Council passed and in January 2021, Mayor Muriel Bowser signed legislation entitled the Ban on Non-Compete Agreements Amendment Act of 2020 (the “DC Act”).  While the effective date of the Act was delayed …

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Don’t Forget! Minimum Wage Rates in Massachusetts Increase, Effective January 1, 2022

The minimum wage in Massachusetts will increase from $13.50 to $14.25 an hour, effective January 1, 2022. In addition, the minimum wage for tipped employees who make more than $20/month in tips will increase from $5.55/hour to $6.15/hour. Employers may …

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CDC Shortens COVID-19 Related Isolation and Quarantine Period, and Distinguishes Between Vaccinated Individuals With/Without Booster

On December 27, 2021, the CDC issued updated guidance which significantly shortens the periods of isolation and quarantine it recommends for COVID-related diagnosis and/or exposure. Specifically, the CDC now recommends that individuals who test positive for COVID-19 (regardless of vaccination …

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