Labor Law

Our attorneys have extensive experience in negotiating collective bargaining agreements, having successfully negotiated hundreds of agreements over the past 30 plus years. We also routinely handle union representation matters, defend our clients against unfair labor practice charges before the National Labor Relations Board and the Massachusetts Division of Labor Relations, and represent our clients at arbitration in both the public and private sector. In addition, we advise non-unionized clients that are being targeted by organizing drives, and we assist unionized clients with strike-contingency planning.

27 Mirick O'Connell Attorneys Named to 2022 Super Lawyers and Rising Stars List

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PODCAST: MA Employers Must Pay Final Wages or Face Treble Damages

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Ashlyn Dowd featured in Community Legal Aid

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

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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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e-Alert: A Trap for the Unwary: A Furlough May Compromise Your Non-Compete Agreement

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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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Employment Law Webinar Recording Available

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

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

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e-Alert: "The NLRB Pendulum Swings Back: Employers Face Increased Liability for Damages, While It's Once Again Easier for Smaller Worker Groups to Organize"

12/20/2022[ read full story ]

Labor, Employment and Employee Benefits Legal Update: "Massachusetts "CROWN" Law Prohibits Discrimination Based on Hairstyle"

07/28/2022[ read full story ]

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

4/29/2021[ read full story ]

Recent COVID-19 Legislation Provides Payroll Tax Relief to Employers

04/01/2020[ 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 ]

OSHA and MA DSL Compliance and Workplace Safety Seminar

02/15/2019[ read full story ]

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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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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