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

  • “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
  • “EFMLA and FFCRA,” 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

Employers Must Ensure Compliance with the Families First Coronavirus Response Act as they Re-Open and Recall Employees from Furlough

The U.S. Department of Labor recently issued new Questions and Answers regarding its interpretation of the Families First Coronavirus Response Act (“FFCRA”). In relevant part, the DOL made clear that if an employer is calling employees back from furlough, the …

[ load webpage to read more ]

Update: Families First Coronavirus Act

The Department of Labor issued new guidance over the weekend regarding the Families First Act, including important definitions and clarifications.  I broke down the new guidance into the overall framework of the new EFMLA and EPSLA in this recorded webinar. …

[ load webpage to read more ]

Department of Homeland Security Relaxes Standards for Verifying Work Authorization

  As a result of the COVID-19 pandemic, the Department of Homeland Security has relaxed its standards requiring in-person review of work authorization documents required to complete the I-9 form. Specifically, if an employer has no employees physically present at a …

[ load webpage to read more ]

Congress Passes Families First Coronavirus Response Act

On March 18, 2020, Congress passed a bill entitled “Families First Coronavirus Response Act” (the “Act”) aimed at alleviating several major burdens families are currently facing as a result of the coronavirus (COVID-19). The Act, which goes into effect on …

[ load webpage to read more ]

Executive Order Loosens Open Meeting Law Requirements During Coronavirus Emergency

Governor Baker signed an Executive Order relieving government boards and committees from compliance with certain Open Meeting Law requirements during the novel Coronavirus (COVID-19) emergency. The Order gives public bodies greater leeway to hold closed-door and remote meetings, so that government agencies …

[ load webpage to read more ]

The Coronavirus and Its Impact on the Workplace

With cases of the novel coronavirus (COVID-19) significantly on the rise, the World Health Organization declaring the coronavirus outbreak a pandemic, and Governor Baker recently declaring a state of emergency in the Commonwealth, employers should be prepared to address a number …

[ load webpage to read more ]

NLRB Issues Employer-Friendly “Joint Employer” Definition

On February 25, 2020, the National Labor Relations Board (the “NLRB”) announced the final rule governing “joint employer” status under the National Labor Relations Act. The determination of whether an entity is a “joint employer” with a direct employer for purposes …

[ load webpage to read more ]

Act Requiring the Hands-Free Use of Mobile Devices Went into Effect Yesterday

On November 25, 2019, the Commonwealth of Massachusetts approved Chapter 122 of the Acts of 2019. Under this Act, operators of motor vehicles cannot use handheld electronic devices while driving. The Act specifically holds that no operator of a motor vehicle shall …

[ load webpage to read more ]

U.S. Department of Education and U.S. Department of Health and Human Services Updates Joint Guidance on the Applicability of FERPA and HIPAA to Student Records

The U.S. Department of Education and the U.S. Department of Health and Human Services recently issued an update to their Joint Guidance on the Applicability of the Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability and …

[ load webpage to read more ]

U.S. Department of Labor Issues Final Rule on Joint Employer Regulations Under the Fair Labor Standards Act

On January 12, 2020, the United States Department of Labor (“DOL”) issued its final rule under the Fair Labor Standards Act (“FLSA”) governing joint employer status, which significantly narrows the scope of joint employer liability. Under the prior Administration, the DOL …

[ load webpage to read more ]