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.

Practice Chair

Robert L. Kilroy

Robert L. Kilroy
Co-Managing Partner

28 Mirick O'Connell Attorneys Named to 2023 Super Lawyers and Rising Stars List

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Attorney Marc Terry Named COSA Chair

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2024 Best Lawyers Awards Announced

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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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Labor, Employment and Employee Benefits Legal Update: "Dartmouth College Men's Basketball Team Held to Be Employees of Institution and Allowed to Unionize"

02/13/2024[ read full story ]

Labor, Employment and Employee Benefits Legal Update: "New California Non-Compete Law Prohibits Almost All Non-Compete Agreements and Requires Notice to Certain Current and Former Employees"

02/06/2024[ read full story ]

Labor, Employment and Employee Benefits Legal Update: "All Employees Now Permitted to 'Top Off' Benefits Under Massachusetts Paid Family and Medical Leave Law"

11/22/2023[ read full story ]

Labor, Employment and Employee Benefits Legal Update: "NLRB General Counsel Expresses Views on Non-Competes Violating the NLRA"

06/06/2023[ read full story ]

Labor, Employment and Employee Benefits Legal Update: "Navigating Pay Transparency Laws: What Employers Need to Know"

04/24/2023[ read full story ]

Labor, Employment and Employee Benefits Legal Update: "Private Employers Take Note: Overbroad Non-Disparagement & Confidentiality Restrictions..."

04/04/2023[ read full story ]

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 ]

Dartmouth College Men’s Basketball Team Held to Be Employees of Institution and Allowed to Unionize

In the Matter of Trustees of Dartmouth College & Service Employees International Union, Local 560, Case 01-RC-325633 (2024), the Regional Office of the National Labor Relations Board (the “NLRB” or the “Board”) has provided yet another expansion of the Board’s on-going …

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New California Non-Compete Law Prohibits Almost All Non-Compete Agreements and Requires Notice to Certain Current and Former Employees by February 14

California has long taken an extremely strong position against non-compete agreements, but new laws which took effect January 1, 2024 make that prohibition even stronger and impact employers nationwide who have any employees in California.  California now expressly prohibits any …

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Navigating Pay Transparency Laws: What Employers Need to Know

Over the last several years, in an effort to close the gender pay gap, several states and localities across the country have enacted pay transparency laws that, generally, require employers of certain sizes with employees in those locations to disclose …

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Private Employers Take Note: Overbroad Non-Disparagement & Confidentiality Restrictions in Severance Agreements Run Afoul of the National Labor Relations Act

As many employers well know, it is customary to include non-disparagement and confidentiality provisions in severance agreements that prohibit departing employees from (i) making disparaging, critical, or otherwise detrimental comments concerning the employer and (ii) disclosing information concerning the substance, …

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Is Your Company in Compliance With Executive Order 13706?

In September 2015, Executive Order 13706 was signed, requiring employers that enter into covered contracts with the federal government to provide covered employees with up to seven days (56 hours) of paid sick leave annually, including paid leave allowing for …

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SJC Finds Public Meeting Comment Restrictions Unconstitutional

Government boards and committees should review their public comment policies following a decision this week by the Supreme Judicial Court holding that a “civility code” violated the Massachusetts Constitution’s Declaration of Rights and the Massachusetts Civil Rights Act. In Barron v. …

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The FTC’s Proposed Ban On Noncompetes – Predictions

Following his election, President Biden issued “The Biden Plan for Strengthening Worker Organizing, Collective Bargaining and Unions,” in which he promised to work with Congress to “eliminate all non-compete agreements” with very limited exceptions. While a bipartisan bill, the Workforce …

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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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