Michael P. Murphy

Mike is a member of the firm's Labor, Employment and Employee Benefits Group. He appears on behalf of employers in litigation before federal and state courts, agencies, and in arbitrations, defending against a variety of claims concerning discrimination, harassment, retaliation, wrongful termination, misclassification, breaches of employment agreements, federal and state wage and hour laws, and the National Labor Relations Act. He also regularly advises employers on day-to-day labor and employment issues and is experienced in drafting employment agreements, severance agreements, handbooks, information security policies, and other workplace policies.

Mike was named a Massachusetts “Rising Star” by Boston magazine and Law & Politics from 2008-2012. Mike was selected by the Worcester Business Journal as one of “40 under Forty” professionals honored for their professional excellence and community service.

Prior to joining the firm, Mike practiced in the Business Litigation and Labor and Employment Groups of Burns & Levinson LLP. Before practicing law, he served in the U.S. Air Force where he achieved the rank of Captain.

Bar & Court Admissions

  • Massachusetts
  • Connecticut
  • U.S. District Court for Massachusetts
  • Boston College Law School JD (2002)
  • U.S. Air Force Academy BS (1994)
  • Successfully defended at trial in Superior Court an employer and four individual defendant managers against a claim of an alleged failure to accomodate religious beliefs.  The jury returned a verdict in favor of the employer and all managers and against the former employee.
  • Successfully defended in federal court an employer against a former employee's claim of a failure to pay wages based upon an alleged misclassification as an exempt employee.  The court entered judgment in favor of the employer after granting our motion for summary judgment.
  • Successfully defended an employer against retaliation claims at public hearing at the Massachusetts Commission Against Discrimination. The hearing officer issued a decision with findings in favor of the employer on all claims and against the former employee.
  • Successfully enforced noncompetition agreements on behalf of an employer against former employees by obtaining an injunction enjoining the former employees from competing for the duration of the term of the agreements with the employer.
  • Defended an employer against claims of disability discrimination and failure to accommodate in federal court. The court entered judgment in favor of the employer on all claims after granting our motion for summary judgment.
  • Obtained an injunction in federal court on behalf of a private employer staying an arbitration of a grievance concerning medical leave under a collective bargaining agreement.
  • Successfully defended an employer and supervisors against employee claims of breach of contract, tortious interference, and defamation.  At the outset of the case, the court granted our motion to dismiss all claims.
  • Successfully represented an employer at arbitration concerning whether there was just cause for its termination of an employee under the parties' collective bargaining agreement.  The arbitrator issued a written decision upholding the termination.

Publications/Presentations

  • "Deflategate and the Tom Brady Saga:  Lessons Learned for both the Unionized and Non-Unionized Employer," Mirick O'Connell Labor, Employment and Employee Benefits Annual Seminar, April 2016
  • "Top Ten HR Policy Updates to Consider in 2015," Mirick O'Connell Labor, Employment and Employee Benefits Seminar, April 2015 (co-presented)
  • "Top 10 Areas to Focus on in 2013 to ensure Your HR House is in Order," Mirick O'Connell Labor, Employment and Employee Benefits Seminar, March 2013 (co-presented)
  • "10 Things I know About Employee Background Checks," Worcester Business Journal (January 2013)
  • "What Every Non-Unionized Employer Needs to Know About the New National Labor Relations Board (NLRB)," Mirick O'Connell Labor, Employment and Employee Benefits Seminar, March 2011 (co-presented)
  • "Court Finds Franchisees Misclassified as Independent Contractors," HRMA perspectives (December 2010 issue)
  • "Handling Employment Terminations to Minimize Risk of Legal Liability," Mirick O'Connell Seminar, November 2010, (co-presented with Bob Kilroy)
  • "Massachusetts Independent Contractor Law, An Overview of Massachusetts Law and the Potential Pitfalls and Consequences of Misclassification," sponsored by Avidia Bank (October 2010)
  • "Are You Ready for an OSHA Inspection?," Mirick O'Connell Labor, Employment & Employee Benefits Seminar, March 2010 (co-presented with Nick Anastasopoulos)
  • “Navigating the Requirements of the Massachusetts Identity Theft Regulations: What Every Business Needs to Know to Comply with the March 1, 2010 Deadline,” Mirick O’Connell  Seminar (July 2009)
  • "Recent Developments in Massachusetts Wage Act Claims," Boston Bar Journal (May/June 2004) (co-author)

Professional / Community Affiliations

  • Ancient Order of Hibernians
  • Massachusetts Bar Association
  • Worcester County Bar Association
  • Milford Area Chamber of Commerce, Board of Directors
  • Friends of Pappas Recreation Complex Corp., Board of Directors