Brian M. Casaceli

Legal Administrative Assistant Debra M. Magliano

508.860.1456
dmagliano@mirickoconnell.com

Brian is an associate in the Labor & Employment practice group at Mirick O’Connell. 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 employer handbooks and other employer policies.

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)

Publications/Presentations

  • “The New (Not So) Normal,” Massachusetts Bar Association In-House Counsel Conference, January 28, 2021 (panelist)
  • “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
  • “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
  • “The Coronavirus and Its Impact on the Workplace: Part II,” Mirick O’Connell COVID-19 Legal Updates Client Alert, March 18, 2020
  • “The Coronavirus and Its Impact on the Workplace,” Mirick O’Connell Client Alert, March 11, 2020
  • Moderator, “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
  • “Selected Case Investigation Techniques,” Massachusetts Discovery Practice (MCLE), co-author, April 2019
  • “Department of Labor Releases Proposed Rule to Increase Minimum Salary Threshold for Overtime Exemption” Off The Clock: Mirick O’Connell’s Labor, Employment and Employee Benefits Law Blog, March 2019
  • "Coming to a Workplace Near You: New Fair Labor Standards Act Overtime Regulations Appear Imminent,” Off The Clock: Mirick O’Connell’s Labor, Employment and Employee Benefits Law Blog, January 2019
  • “Governor Baker Signs Noncompetition Bill Into Law,” Off The Clock: Mirick O’Connell’s 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,” Off The Clock: Mirick O’Connell’s Labor, Employment and Employee Benefits Law Blog, July 2018
  • “NLRB General Counsel Releases Updated Guidance on Employee Handbook Rules,” Off The Clock: Mirick O’Connell’s Labor, Employment and Employee Benefits Law Blog, June 2018
  • “Massachusetts Ban-The-Box Law Undergoes an Update,” Off The Clock: Mirick O’Connell’s Labor, Employment and Employee Benefits Law Blog, May 2018
  • “Attorney General’s Office Releases Guidance Interpreting an Act to Establish Pay Equity,” Off The Clock: Mirick O’Connell’s Labor, Employment and Employee Benefits Law Blog, March 2018
  • “EEOC Releases 2017 Enforcement & Litigation Statistics,” Off The Clock: Mirick O’Connell’s Labor, Employment and Employee Benefits Law Blog, January 2018
  • “Weingarten Rights Do Not Apply to Non-Union Employees,” Off The Clock: Mirick O’Connell’s Labor, Employment and Employee Benefits Law Blog, May 2017
  • “EEOC Publishes Proposed Guidance on Unlawful Employee Harassment,” Off The Clock: Mirick O’Connell’s Labor, Employment and Employee Benefits Law Blog, April 2017
  • “EEOC Releases 2016 Enforcement & Litigation Statistics,” Off The Clock: Mirick O’Connell’s Labor, Employment and Employee Benefits Law Blog, January 2017
  • “Is Your Company’s Social Media Policy Compliant with NLRA?,” Off The Clock: Mirick O’Connell’s Labor, Employment and Employee Benefits Law Blog, September 2016
  • “NLRB Rules Student Teaching Assistants and Research Assistants May Unionize,” Off The Clock: Mirick O’Connell’s Labor, Employment and Employee Benefits Law Blog, August 2016
  • “The Trade Secretes Act: A Federal Remedy for the Misappropriation of Trade Secrets,” Off The Clock: Mirick O’Connell’s Labor, Employment and Employee Benefits Law Blog, May 2016
  • Losing A Chance To Survive: An Examination Of The Loss Of Chance Doctrine Within The Context Of A Wrongful Death Action, 9 J. Health & Biomedical L. 521 (2014)
  • The Defend Trade Secrets Act: A Federal Remedy for the Misappropriation of Trade Secrets
  • NLRB Rules Student Teaching Assistants and Research Assistants May Unionize
  • Is Your Company’s Social Media Policy Compliant with the NLRA?
  • EEOC Releases 2016 Enforcement and Litigation Statistics
  • An Overview of the Recently Enacted Massachusetts Pay Equity Act, HRMA

Professional / Community Affiliations

  • Worcester County Bar Association, Labor and Employment Section, co-chair
  • MetroWest Chamber of Commerce, Board of Directors, member

DOL Publishes Model Notices for COBRA Subsidies

As we previously reported, on March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (“ARPA”) into law, which includes a COBRA premium assistance program. Pursuant to ARPA, the Department of Labor (DOL) was instructed to issue model notices …

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American Rescue Plan Act Contains COBRA Subsidies

On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (“ARPA” or the “Act”) into law. The Act creates a six-month subsidy period, from April 1, 2021 to September 30, 2021, during which individuals who lost health …

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The American Rescue Plan and Paid Leave: What Employers Need to Know

On March 10, 2021, Congress passed the American Rescue Plan Act of 2021.  President Biden is expected to sign the Act into law by March 14, 2021. Employers are rightfully eager to learn whether the Act extends the Families First …

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Massachusetts Federal Court Denies Motion to Dismiss Defamation Claim After Employee is Escorted Out of Work Following Termination

By: Jonathan Sigel, Esq. and Ashlyn Dowd, Esq. The Federal District Court of Massachusetts recently denied a defendant company’s motion to dismiss a defamation claim following the termination of the company’s Vice President.  The plaintiff former employee, Sandra Madden, was …

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EEOC Opinion Letter: Older Workers Benefit Protection Act (OWBPA)

On January 14, 2021, the Equal Employment Opportunity Commission (EEOC) finally issued an opinion letter addressing the long standing issue of whether information about non-U.S. citizen employees working outside of the United States must be included in the information disclosure …

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Link Fixed! Minimum Wage Increases to $13.50 Per Hour While Holiday and Sunday Premium Pay for Retail Employees Continues Down The Path To Abolishment

As of January 1, 2021, the minimum wage for regular employees (i.e., non-tipped minimum wage employees) increased to $13.50 per hour.  The minimum wage is scheduled to increase twice more, to $14.25 and $15.00 per hour, on January 1, 2022 …

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President Biden Issues Executive Order Regarding Workplace Discrimination

That was quick! On his first day in office, President Joseph Biden issued the Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation.  With the Executive Order, President Biden instructed each federal agency …

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COVID-19 Related Updates for Massachusetts Employers

New COVID Relief Bill On Monday, December 21, 2020 the United States Congress passed the Consolidated Appropriations Act, 2021, which includes several provisions aimed at providing COVID-19 relief (the “Relief Bill”).  As public employers and employers with less than 500 …

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EEOC Releases Guidance on Mandatory Vaccinations

With Pfizer’s COVID-19 vaccine receiving emergency approval from the FDA, and emergency approval for Moderna’s vaccine expected shortly, many employers are wondering whether they can require employees to receive the vaccine once it becomes available to the general public. On December …

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Massachusetts’ Sector Specific Workplace Safety Standards for Office Spaces Updated

Governor Baker’s administration updated Massachusetts’ Sector Specific Workplace Specific Safety Standards for Office Spaces to Address COVID-19 (the “Standards”).  While all employers operating office spaces are advised to review the complete Standards, key provisions are: Face coverings: workers and visitors …

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