Labor, Employment and Employee Benefits

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Attorneys in Mirick O'Connell's Labor, Employment and Employee Benefits Group represent private and public employers in all facets of labor and employment law, including employment litigation, grievance arbitration, collective bargaining, human resource-related advice and training and employee benefits. We represent clients in industries ranging from health care to banking and finance; from education to life sciences; from high technology to manufacturing; and from construction to insurance. In addition, we have extensive experience representing government entities and municipalities.

e-Alert: Should Employers Consider Surcharges for Unvaccinated Workers?

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e-Alert: What Employers Need to Know about President Biden's "Path Out of the Pandemic" COVID-19 Action Plan

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17 Mirick O'Connell Attorneys Named to 2022 Best Lawyers and Best Lawyers: Ones to Watch List

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PODCAST: Jonathan Sigel discusses the MA Paid Family and Medical Leave

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PODCAST: Anthony DaSilva discusses Protecting Employee Retirement Plans from Cyberattacks

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Amanda Baer was quoted in Ragan's Workplace Wellness Insider article "5 Issues Every Organization Should Consider in Planning Their Return to Work

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Bob Kilroy quoted in Boston Business Journal article, "Covid Surge Puts Wrinkle in Some Employers' Return-to-Office Plans""

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PODCAST: Reid Wakefield discusses Massachusetts Emergency COVID-19 Paid Sick Leave

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e-Alert: DOL Issues Cybersecurity Guidance for Plan Sponsors and Fiduciaries

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e-Alert: Supreme Court Finds School District Violated First Amendment for Off-Campus Speech

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e-Alert: Massachusetts COVID-19 Emergency Paid Sick Leave - Updated Guidance and Resources

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Amanda Baer will be on Worcester County Bar Association panel "Maximizing your Remote Stenography and Videography Services now and Post-Pandemic"

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PODCAST: Ken Pickering discusses Preventing, Detecting and Responding to Employee Fraud

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e-Alert: Massachusetts COVID-19 Emergency Paid Sick Leave - Employer Guidance

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Anthony P. DaSilva, Jr. Joins Mirick O'Connell

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Reid Wakefield quoted in Forbes article "What the EEOC's Updated Covid Guidelines Mean for Business Leaders"

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Amanda Baer interviewed by Spectrum News 1 "Back to the Office: What Employers and Employees Can Expect with a Return to Work"

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Amanda Baer quoted in Workest by Zenefits article "Can Small Businesses require COVID Vaccines in the Workplace?"

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e-Alert: COVID-19 and Masks: Updated Guidance from OSHA and Massachusetts

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e-Alert: COVID-19 and Masks: Should Employers Continue to Require Masks in the Workplace?

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Brian Casaceli quoted in LegalZoom "Vaccinations, Masks, and Small Business Rights"

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Best Lawyers release the 2021 Edition of Best Lawyers in New England

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Kim Rozak quoted in Telegram, "Can employers mandate vaccine? Experts discuss strategies to maintain workforce health and safety in the era of COVID-19"

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PODCAST: Amanda Baer discusses American Rescue Plan Act and FFCRA

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Amanda Baer Named Partner

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James Donnelly and Chris Collins to co-chair MBA 18th Annual In-House Counsel Conference: The New (Not So) Normal

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Amanda Baer was quoted in the Healthline.com article "Why Many Employers Want to Make COVID-19 Vaccines Mandatory,"

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David Surprenant was quoted in Telegram & Gazette article "Mirick O'Connell signs 10-year lease renewal with Mercantile Center in downtown Worcester"

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Mirick O'Connell Wins First Place for Law Firms in Worcester Business Journal Best of Business

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PODCAST: Amanda Baer discusses Massachusetts Commission Against Discrimination Claims

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Jonathan Sigel quoted in Zenefits.com article "Time Theft: How SMBs Can Detect and Control it"

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D. Moschos quoted in American Banker article "Banks could be ripe targets for age-bias lawsuits"

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Mirick O'Connell Named Tier 1 Firm by U.S. News - Best Lawyers "Best Law Firms" in 2021

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28 Mirick O'Connell Attorneys Named to 2020 Super Lawyers and Rising Stars List

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PODCAST: Mirick O'Connell attorneys discuss Remembering RBGT: Her Life and Legacy

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PODCAST: Marc Terry discusses Reopening of Public Schools during COVID-19 Pandemic

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PODCAST: Rich Van Nostrand discusses Non-Competition Agreements Act of Massachusetts

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PODCAST: Chris Collins discusses the Benefit of Serving in the Community

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17 Mirick O'Connell Attorneys Named to 2021 Best Lawyers and Best Lawyers: Ones to Watch List

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e-Alert: Federal Court in New York Strikes Down Parts of the Department of Labor's Regulations Interpreting the Families First Coronavirus Response Act

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PODCAST: Nick Anastasopoulos and Jim Croteau of Starkweather & Shepley Insurance Brokerage Inc. discuss How do Businesses Protect Themselves, their Employees and Clients as Businesses Start to Reopen?

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e-Alert: COVID-19: OSHA's Updated Guidance - Face Masks in the Workplace/ United States Supreme Court Issues Historic Decision Protecting LGBT Workers from Employment Discrimination

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PODCAST: Reid Wakefield discusses Fair Housing and Housing Discrimination in Massachusetts | Recorded 6.10.20

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e-Alert: New PPP Flexibility Act Extends Forgiveness Period and Maturity Date Among other Benefits

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We Stand in Solidarity: A message to our clients and our community.

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PODCAST: Brian Casaceli is joined by Stephen Graham of CEA to discuss reopening your business or building operations while minimizing the risk of becoming a COVID-19 Hot Spot | Recorded 6.2.20

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e-Alert: Update on COVID-19 Workplace Health and Safety Enforcement by OSHA and the Massachusetts Attorney General

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e-Alert: The Next Phase in the COVID-19 Battle for School Districts: Budget Cuts, Furloughs, Layoffs and Collective Bargaining

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PODCAST: Bob Kilroy discusses issues employers may face upon re-entry into the workplace during the COVID-19 Pandemic | Recorded 5.15.20

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e-Alert: Treasury Department issues New Guidance on "Necessity" Certification for PPP Loan Recipients

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PODCAST: Jonathan Sigel discusses re-entry into the workplace after the COVID-19 pandemic

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e-Alert: Massachusetts Legislature Passes Remote Notarization Bill / Recommendations to Ensure Workplace Safety in Light of the COVID-19 Pandemic for Non-Healthcare Employers

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PODCAST: Arthur Bergeron talks about alternatives to nursing homes during COVID-19 | Recorded 4.27.20

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PODCAST: Rich Van Nostrand discusses Diversity & Inclusion

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PODCAST: Mike Refolo discusses Navigating your Business During COVID-19

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e-Alert: Employee Benefits Tax Relief under the CARES Act

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PODCAST: Nick Anastasopoulos discusses employer-union relations during COVID-19

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e-Alert: COVID-19 Legal Updates: Employment Law | Estate Planning | Business

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Webinar: New Regulations: Families First Coronavirus Response Act

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PODCAST: Marc Terry discusses School Law and COVID-19 (4.3.20)

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PODCAST: Brian Casaceli discusses EFMLA and FFCRA (4.1.20)

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e-Alert: Payroll Tax Relief; SBA Loans

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Bob Kilroy quoted in Worcester Business Journal article, "Key steps for businesses to survive the coronavirus crisis"

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WEBINAR: Latest DOL Guidance regarding Families First Act

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e-Alert: Extended Closure due to COVID-19 Raises Multiple Issues for Schools

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PODCAST: Amanda Baer talks about the Emergency Sick Leave Act (3.25.20)

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e-Alert: Tax Extension/ DOL Releases Poster of Employee Rights/Impact on Construction Industry

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Employment Law Webinar Recording Available

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e-Alert: Department of Homeland Security Relaxes Standards for Verifying Work Authorization

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e-Alert: Congress Passes Families First Coronavirus Response Act/ April 15 Reprieve

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e-Alert: Long-term Care and Estate Planning/ Coronavirus Impact on the Workplace/ Construction Industry

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Mirick O'Connell recognized as "Best Law Firm" for business by Worcester Business Journal

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Bob Kilroy quoted in Health Risk Management article, "Federal Wage and Hour Labor Laws May Confuse Healthcare Employers"

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The New Massachusetts Non-Compete Law

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14 Mirick O'Connell attorneys recognized in 2019 The Best Lawyers in America

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Telegram's One on One with Employment Attorney Jonathan Sigel

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Jonathan Sigel interviewed by NECN - How to Prepare for Mass Equity Pay Law

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Mirick O'Connell Ranked Largest Law Firm in Central MA

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Jonathan Sigel interviewed by Worcester News Tonight, "Equity Pay in the Workplace"

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Mirick O'Connell Voted Best Law Firm For Business

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Do Your COBRA Notices Comply with the Law? If Not, Your Organization Could be Susceptible to a Class Action Lawsuit

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Previously Enjoined Salary Basis Test for White Collar Exempt Employees Has Been Permanently Struck Down by U.S. District Court Judge in Texas

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Massachusetts Enacts Pregnant Workers Fairness Act

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Massachusetts High Court Recognizes Employee Right of Qualified Medical Marijuana Users To Allege Handicap Discrimination For Off-Site Use of Medicinal Marijuana

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Worcester T&G "One on One" with Jonathan Sigel

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Marc Terry Elected to the National COSA Board

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Nicholas Anastasopoulos Named one of the "Top 20 Lawyers in Traditional Labor & Employment Law" by Human Resource Executive Magazine and Lawdragon

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Mirick O'Connell Voted Best Law Firm

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Bob Kilroy talks about the new Marijuana Act on Radio Entrepreneurs

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Amanda Baer interviewed by WCVB "Companies determine practices when marijuana becomes legal in Massachusetts"

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Highlights from our "Off the Clock" Employment Blog

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Mirick O'Connell Featured in Worcester Telegram

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Worcester Chamber Salutes Mirick O'Connell on 100 Years of Excellence

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Mirick O'Connell Celebrates 100th Anniversary!

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Paralegal Cheryl Spakauskas Honored by MA Lawyers Weekly, Excellence in the Law award

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Mirick O'Connell Recognized as "Best Law Firm for Business" by the WBJ

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14 Attorneys selected for inclusion in The Best Lawyers in America

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e-Alert: Should Employers Consider Surcharges for Unvaccinated Workers?

9/14/2021[ read full story ]

e-Alert: DOL Issues Cybersecurity Guidance for Plan Sponsors and Fiduciaries

6/28/2021[ read full story ]

e-Alert: Supreme Court Finds School District Violated First Amendment for Off-Campus Speech

6/25/2021[ read full story ]

e-Alert: Remote Public Meetings Authorized Through April of 2022

6/18/2021[ read full story ]

Employer Tax Credits for Employee Paid Leave Due to COVID-19 Applies to Government Entities

4/29/2021[ read full story ]

COVID-19 Mandates in the Workplace

04/21/2021[ read full story ]

DOL Publishes Model Notices for COBRA Subsidies

4/9/2021[ read full story ]

Extension of 2020 Massachusetts Tax Return Filing and Payment

03/22/2021[ read full story ]

Extension of 2020 Federal Tax Return Filing and Payment

03/19/2021[ read full story ]

American Rescue Plan Act of 2021 Contains New COBRA Subsidies

03/16/2021

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

03/12/2021[ read full story ]

e-Alert: New Gathering and Capacity Restrictions Effective December 26; SJC Upholds Governor's Authority to Issue COVID-19 Orders

12/23/2020[ read full story ]

e-Alert: The Next Phase in the COVID-19 Battle for School Districts: Budget Cuts, Furloughs, Layoffs and Collective Bargaining

5/15/2020[ read full story ]

Governor Files Bill to Help Delay Town Meeting Season During COVID-19 Emergency

03/16/2020[ read full story ]

The Coronavirus and Its Impact on the Workplace

03/11/2020[ read full story ]

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

01/28/2020[ read full story ]

DOL Issues Final Rule on Joint Employer Regulations Under the FLSA

01/27/2020[ read full story ]

U.S. Department of Labor Issues Final Rule About How to Calculate "Rate of Pay" Under Fair Labor Standards Act

12/19/19[ read full story ]

New DOL FLSA Rule Issued September 24, 2016

9/26/19[ read full story ]

Massachusetts Legislature Responds to Janus Decision

9/20/19[ read full story ]

Cadillac Tax

8/1/19[ read full story ]

More News on the Noncompete Front: Employers Should Still Expect Strict Scrutiny of Their Restrictive Covenant Agreements

7/22/19[ read full story ]

Department of Family and Medical Leave Announces Extension of Time to Provide Notice to Employees

5/2/19[ read full story ]

Commonwealth's Department of Family and Medical Leave Has Published a Workplace Poster and Notice Forms for Employees and Independent Contractors

4/30/19[ read full story ]

A Rebalancing for Wage Act Claims and Class Actions?

4/29/19[ read full story ]

Coming to a Workplace Near You: New Fair Labor Standards Act Overtime Regulations Appear Imminent

1/30/19[ read full story ]

Is Your Noncompete Still Valid? Technically Yes, But... Recent Decision Foreshadows How The New Massachusetts Noncompetition Agreement Act May Impact Existing Agreements

9/10/18[ read full story ]

Governor Baker Signs Noncompetition Bill into Law

8/15/18[ read full story ]

Massachusetts Legislature Passes Long-Anticipated Act Limiting Noncompetition Agreements

8/7/18[ read full story ]

Attorney General's Office Releases Guidance Interpreting an Act to Establish Pay Equity

03/02/2018[ read full story ]

Individual Superintendent Evaluations Not Subject to Release under Open Meeting Law

12/22/2017[ read full story ]

Employees May Now File Discrimination Complaints Online with EEOC

11/07/2017[ read full story ]

U.S. Dept. of Education Interim Guidance to Schools and Colleges for Addressing Sexual Misconduct on Campus

09/27/2017[ read full story ]

Student Free Speech Rights

09/20/2017[ read full story ]

Do Your COBRA Notices Comply with the Law?

09/06/2017[ read full story ]

Previously Enjoined Salary Basis Test for White Collar Exempt Employees Has Been Permanently Struck Down by U.S. District Court Judge in Texas

09/01/2017[ read full story ]

MA Enacts Pregnant Workers Fairness Act

07/27/2017[ read full story ]

Revised Form I-9 Issued

07/19/2017[ read full story ]

MA High Court Recognizes Employee Right of Qualified Medical Marijuana Users to Allege Handicap Discrimination for Off-Site Use of Medical Marijuana

07/17/2017[ read full story ]

Does your Commission Plan Comply with the MA Wage Act?

06/19/2017[ read full story ]

What Should School Districts do When ICE Comes Knocking?

4/18/17[ read full story ]

Quick Hits from the National COSA Conference

04/07/2017[ read full story ]

Could You be Liable for the Sins of Your Staffing Agency?

03/20/2017[ read full story ]

2017 Employment Law Changes

01/20/2017[ read full story ]

Department of Labor's Final Rule Increasing Salary Threshold for White Collar Exempt Employees Will Not Take Effect on December 1st, As Originally Planned

11/23/2016[ read full story ]

What Recreational Marijuana Means for Massachusetts Employers

11/17/2016[ read full story ]

With Veterans' Day Approaching, Employers Should Be Aware of New Veterans' Rights

11/10/2016[ read full story ]

OCR Seeks to Ensure Compliance with Website Accessibility Guidelines

10/26/2016[ read full story ]

School Residency-Enrollment Issues

09/26/2016[ read full story ]

DOL Issues Final Rule Updating Overtime Regulations

05/18/2016[ read full story ]

The Defend Trade Secrets Act: A Federal Remedy for the Misappropriation of Trade Secrets

05/05/2016[ read full story ]

Drug Testing of CDL Drivers Through Use of Hair Samples on Hold

01/05/2016[ read full story ]

Supreme Judicial Court's Decision in Somerville v. Commonwealth Employment Relations Board Represents Big Win for Municipalities on Retiree Health Insurance Benefits

02/11/15[ read full story ]

MA Expands Leave for Birth or Adoption to Male Employees

01/14/2015[ read full story ]

New Law Gives Preference in Hiring and Promotion Decisions to Veterans

01/08/2015[ read full story ]

New Law Requires Coaches be Certified in CPR

01/05/2015[ read full story ]

New OSHA Requirements for Notice of Employee Hospitalization

12/30/2014[ read full story ]

Massachusetts Voters Approve Paid Sick Leave Law

11/05/2014[ read full story ]

Federal Appeals Court Halts Implementation of NLRB Employees' Rights Posting

April 18, 2012[ read full story ]

New Limits on Employer Access To and Use Of Criminal Records Take Effect on May 4, 2012

March 30, 2012[ read full story ]

Attorney General Announces $2.8 Million Settlement with 3 Companies that Violated Massachusetts Prevailing Wage and Misclassification Laws

March 22, 2012[ read full story ]

Supreme Judicial Court Issues Much Anticipated Quinn Bill Decision

March 8, 2012[ read full story ]

Transgender Discrimination Protection

February 10, 2012[ read full story ]

Massachusetts Court Upholds Students' Suspensions for Hazing Incident

January 30, 2012[ read full story ]

Principal and Teacher Who Exchanged Intimate E-Mails May Proceed with Invasion of Privacy Claim Against Employer

January 25, 2012[ read full story ]

Executive Order Loosens Open Meeting Law Requirements During Coronavirus Emergency

03/13/2020[ read full story ]

WEBINAR: OSHA Emergency Temporary Standard

08/05/2021[ read full story ]

Spring Webinar Series: Workplace Investigations in Today's World

5/21/21[ read full story ]

Spring Webinar Series: Paid Family Medical Leave: Are We Having Fun Yet?

04/29/2021[ read full story ]

Spring Webinar Series: What Employers Need to Know About the American Rescue Act of 2021 and the anticipated MA COVID-19 Emergency Paid Sick Leave

04/16/2021[ read full story ]

Spring Webinar Series: Should Employers Mandate Vaccinations and Mandate Remote Workers to Return to Working On Site?

03/31/2021[ read full story ]

Richard Van Nostrand to speak at Massachusetts Lawyers Weekly webinar "Proposed National Ban on Noncompetes: What Employers Need to Know"

2/9/2021[ read full story ]

POSTPONED: Employment Law Conference 2020

04/16/2020[ read full story ]

Employment Conference 2020

04/16/2020[ read full story ]

Brian Casaceli to present, "Protecting Your Business's Customer Goodwill and Confidential Information" at the MetroWest Chamber of Commerce

01/23/2020[ read full story ]

D. Moschos and Kim Rozak to provide an "Update on the New Federal Overtime Regulations" at the Worcester Regional Chamber of Commerce

01/14/2020[ read full story ]

Marc Terry to Present at MassEdCo's Fall Forum: Cyberbullying: Current Research and Trends

09/27/2019[ read full story ]

Update on the Massachusetts Family and Medical Leave Act and its New Regulations and Review of the New Proposed FLSA Overtime Rules and Filing with EEOC

05/15/2019[ read full story ]

Jonathan Sigel Speaks at "Workplace Violence" Seminar

05/07/2019[ read full story ]

Labor, Employment and Employee Benefits Seminar

04/04/2019[ read full story ]

OSHA and MA DSL Compliance and Workplace Safety Seminar

02/15/2019[ read full story ]

The Massachusetts Equal Pay Act and Pay Equity Audits: Why and How?

11/28/2018[ read full story ]

TO BE RESCHEDULED! The Massachusetts Equal Pay Act and Pay Equity Audits: Why and How?

10/25/2018[ read full story ]

Rich Van Nostrand to serve on MCLE Panel, "1st Look at Massachusetts' New Noncompete & Trade Secrets Laws"

09/06/2018[ read full story ]

Addiction in the Workplace Forum: Bob Kilroy to serve on panel

06/12/2018[ read full story ]

Labor, Employment and Employee Benefits Seminar

03/28/2018[ read full story ]

Labor, Employment and Employee Benefits Seminar

04/12/2017[ read full story ]

D. Moschos and Kim Rozak to present at the Worcester Chamber of Commerce

9/23/16[ read full story ]

John McMorrow to present on The DOL Fiduciary Investment Advice Rule

09/15/2016[ read full story ]

Mirick O'Connell sponsors Safe Homes Gala & People Of Courage Awards

4/9/2021[ read full story ]

Mirick O'Connell participates in National Wear Red Day

2/6/2021[ read full story ]

Mirick O'Connell sponsors Worcester Chamber of Commerce 145th Annual Meeting

12/4/2020[ read full story ]

Mirick O'Connell sponsors the 12th Annual UMass Winter Ball

12/4/2020[ read full story ]

Mirick O'Connell sponsors Massachusetts Bar Association 2020 Annual Dinner

5/6/2020[ read full story ]

Mirick O'Connell sponsors the Worcester Regional Research Bureau 34th Annual Meeting

10/10/2019[ read full story ]

EEOC Recognizes “Long COVID” as a Disability

Last week, the United States Equal Employment Opportunity Commission (the “EEOC”) formally recognized that “long COVID” may be a disability under the Americans with Disabilities Act. “Long COVID” occurs when an individual had COVID-19 and continues to suffer from a …

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What Employers Need to Know About President Biden’s “Path Out of the Pandemic” COVID-19 Action Plan

Last Thursday, President Biden announced a broad sweeping, 6-part COVID-19 Action Plan entitled, “Path Out of the Pandemic” (President Biden’s COVID-19 Plan | The White House) aimed at combatting the spread of COVID-19 and its variants. Below are a few of …

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COVID-19 and Masks: Updated Guidance from OSHA and Massachusetts

On the heels of the U.S. Centers for Disease Control and Prevention’s (“CDC”) revised guidance that fully-vaccinated people no longer need to wear masks in many indoor or outdoor settings, the Occupational Safety and Health Administration (“OSHA”) announced May 17th …

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US Department of Labor Withdraws Independent Contractor Rule

On May 6, 2021, President Biden’s administration halted implementation of a rule published under the Trump administration which would have made it easier for businesses to classify workers as independent contractors instead of employees. The Trump regulation was supported by …

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Employer Tax Credits for Employee Paid Leave Due to COVID-19 Applies to Government Entities

The Internal Revenue Service (IRS) recently published guidance defining “Eligible Employer” for purposes of the American Rescue Plan Act of 2021 (ARPA) tax credits.     Under ARPA, certain employers can claim refundable tax credits that reimburse them for the costs of providing …

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COVID-19 Mandates in the Workplace

As we pass the one year anniversary of the COVID-19 Pandemic, new rules regarding COVID-19 mandates in the workplace are imminent. The Occupational Safety and Health Administration (“OSHA”) is preparing an Emergency Temporary Standard (the “Emergency Standard”) to better protect …

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American Rescue Plan Act of 2021 and the anticipated Massachusetts COVID-19 Emergency Paid Leave

In lieu of our annual Employment Law Seminar, Mirick O’Connell’s Labor, Employment and Employee Benefits attorneys are hosting a Spring Webinar Series focusing on hot topics in employment law. Attorney Kim Rozak and I presented the second program in the …

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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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