Employers rely on Brian’s practical advice to often challenging and time-sensitive employee issues. His calm demeanor puts clients at ease.
In addition to advising employers on day-to-day employee issues, Brian has significant experience preparing employment agreements, restrictive covenant agreements, employee handbooks and other workplace policies to ensure his clients remain compliant with the many applicable federal, state and local employment laws and regulations. He also regularly conducts training for businesses on various employment matters including sexual and protected class harassment and wage/hour considerations. Brian also has significant experience conducting independent investigations involving allegations of discrimination, harassment and retaliation, as well as breach of contract and defamation.
Brian has a successful track record representing clients in federal and state courts in Massachusetts and before the Massachusetts Commission Against Discrimination and the Equal Employment Opportunity Commission in defense of claims of discrimination, retaliation, sexual harassment, wrongful termination, wage and hour violations, and breach of contract. As well, Brian successfully represents employers and executives in cases involving restrictive covenant matters including non-solicitation, non-competition, and confidentiality agreements.
Outside of the courtroom, Brian frequently represents employers in government investigations conducted by the Wage & Hour Division of the U.S. Department of Labor, the Fair Labor Division of the Massachusetts Attorney General’s Office, as well as in unfair labor practice proceedings before the National Labor Relations Board and whistleblower retaliation claims before the Occupational Safety and Health Administration.
- Suffolk University Law School JD, summa cum laude (2014)
- Stonehill College BA, magna cum laude (2011)
- Massachusetts
- U.S. District Court for Massachusetts
- U.S. Bankruptcy Court, District of Massachusetts
- U.S. Court of Appeals for the First Circuit
- Worcester County Bar Association, Labor and Employment Section, Former Co-Chair (2019-2021)
- MetroWest Chamber of Commerce, Board of Directors, Vice Chair of Public Policy (2019, 2024), Incoming Chair (2022), Chair (2023).
- Best Lawyers: Ones to Watch in America™ for work in Employee Benefits (ERISA) Law, Labor and Employment Law – Management and Litigation – Labor and Employment (2024 & 2025)
- Named a Massachusetts “Rising Star” by Boston magazine and Law & Politics (2021 – present)
- Selected by the Worcester Business Journal as one of “40 under Forty” professionals honored for their professional excellence and community service (2020)
- “Massachusetts Expands Permitted Used of Earned Sick Time,” Mirick O’Connell Client Alert, October 30, 2024
- “FTC’s Non-Compete Ban Ruled Unenforceable by Federal Judge,” Mirick O’Connell Client Alert, August 22, 2024
- “Federal Trade Commission Bans Non-Competition Clauses,” Mirick O’Connell Client Alert, April 30, 2024
- “Navigating Pay Transparency Laws: What Employers Need to Know,” Mirick O’Connell Client Alert, April 19, 2023
- “Private Employers Take Note: Overbroad Non-Disparagement & Confidentiality Restrictions in Severance Agreements Run Afoul of the National Labor Relations Act,” Mirick O’Connell Client Alert, March 29, 2023
- “Balancing the Multiple Roles of In-House Counsel,” Massachusetts Bar Association In-House Counsel Conference, January 26, 2023 (panelist)
- “COVID-19 and Masks: Updated Guidance from OSHA and Massachusetts,” Mirick O’Connell Client Alert, May 19, 2021
- Quoted in “Vaccinations, Masks, and Small Business Rights,” LegalZoom, April 28, 2021
- “What Employers Need to Know About the American Rescue Plan Act of 2021 and the anticipated Massachusetts COVID-19 Emergency Paid Sick Leave,” Mirick O’Connell Employment Law Webinar (April 16, 2021)
- “The New (Not So) Normal,” Massachusetts Bar Association In-House Counsel Conference (January 28, 2021) (panelist)
- “Minimum Wage Increases to $13.50 Per Hour While Holiday and Sunday Premium Pay for Retail Employees Continues Down The Path To Abolishment” Mirick O’Connell Labor, Employment and Employee Benefits Law Blog, January 22, 2021
- “EEOC Releases Guidance on Mandatory Vaccinations” Mirick O’Connell Labor, Employment and Employee Benefits Law Blog, December 18, 2020
- “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?,” Mass Brewers Guild Blog, April 2020
- “COVID-19 Emergency FLMA and Families First Coronavirus Response Act,” On Air with Mirick O’Connell legal podcast (March 31, 2020)
- “Families First Coronavirus Response Act,” ePay Webinar (March 27, 2020)
- “Congress Passes Families First Coronavirus Response Act” Mirick O’Connell Labor, Employment and Employee Benefits Law Blog, March 20, 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
- “Congress Passes Families First Coronavirus Response Act,” Mirick O’Connell’s Labor, Employment and Employee Benefits Law Blog, March 20, 2020
- “The Coronavirus and Its Impact on the Workplace: Part II,” Mirick O’Connell Client Alert, March 18, 2020
- “The Coronavirus and Its Impact on the Workplace,” Mirick O’Connell Client Alert, March 11, 2020
- “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) (moderator)
- Obtained summary judgment on behalf of educational institution in an action alleging discrimination and retaliation under the Americans with Disabilities Act and the Rehabilitation Act
- Obtained summary judgment on behalf of employer and two of its executives in an action brought by a former employee alleging claims of wrongful termination, defamation, and intentional interference with advantageous relations
- Obtained complete dismissal of several claims including violation of G.L. c. 93A, breach of contract, and wrongful termination asserted by a former employee against two of the company’s managerial employees
- Obtained a default judgment on behalf of company and its president against former employee on claims of defamation and violation of federal trademark law
- Successfully litigated against a former employee’s appeal of his denial of unemployment benefits to the Massachusetts Appeals Court on behalf of the individual’s former employer
- Obtained summary judgment on behalf of employer and several of its employees in action brought by a former employee who had signed a waiver and release of claims following his termination of employment
- Obtained summary judgment on behalf of employer and its president involving two claims under the Massachusetts Wage Act and a breach of contract claim
- Obtained dismissal of a number of claims brought against different employer clients at the Massachusetts Commission Against Discrimination (MCAD) and Equal Employment Opportunity Commission (EEOC)