David K.

McCay
Mirick O’Connell
1800 West Park Drive, Suite 400
Westborough, MA 01581-3926
dmccay@mirickoconnell.com
t 508.860.1460
f 508.983.6273

August 18, 2020

HAND-DELIVERED

Andrew M. Golas
Town Administrator
Town of Charlton
37 Main Street
Charlton, MA 01507

Re: Response to Request for Proposals for Town Counsel Services

Dear Mr. Golas:

We are pleased to submit our Response to the Town of Charlton’s Request for Proposals for
Town Counsel Services. As you know, our firm currently serves as Special Counsel and we welcome the
opportunity to expand our relationship with the Town.

Founded in 1916, Mirick O’Connell serves as general counsel, labor counsel, and special counsel
to towns, cities, and districts across the Commonwealth. With approximately 65 attorneys and a full range
of practice areas, we have the experience and breadth of knowledge to handle all legal matters for the
Town. Our attorneys have extensive experience advising municipalities in all areas of municipal law, with
particular expertise in the areas of general governance, land use, and complex litigation.

Based in Central Massachusetts, Mirick O’Connell has strong relationships with local courts and
government agencies. Our Firm is committed to providing uncompromising standards of service with
practical and cost-effective approaches to problem solving, while always focusing on the best interests of
the Town.

Thank you for your time and consideration.

Sincerely,

David K. McCay

DKM/
Enclosures

Administration 20-PROJ/06-02420/A6688677.DOCX
Excellence in our work.
Excellence in client service.
Excellence in value.

RESPONSE TO REQUEST FOR PROPOSALS TO PROVIDE

TOWN COUNSEL SERVICES TO THE
TOWN OF CHARLTON

800.922.8337
www.mirickoconnell.com
WORCESTER | WESTBOROUGH | BOSTON
MIRICK, O’CONNELL, DEMALLIE & LOUGEE, LLP
Proposal for Town of Charlton
August 18, 2020

Mirick O’Connell is pleased to submit this Response to the Town of Charlton’s Request for
Proposals for Town Counsel Services.

FIRM BACKGROUND

Mirick O’Connell is a full-service law firm with approximately 65 attorneys, with offices in
Worcester, Westborough, and Boston. Founded in 1916, we combine leadership and depth of
experience to bring innovative solutions to the issues facing our diverse client base.
One of Mirick O’Connell’s major practice areas is public sector law and our attorneys serve as
general counsel, labor counsel, and special counsel to towns, cities, and districts across the
Commonwealth. We take pride in our ability to provide cost-effective, objective, and pragmatic
representation to our municipal clients.

Attached to this proposal is a general description of our firm, and descriptions of Mirick
O’Connell’s municipal law practice and labor and employment practice.

TOWN COUNSEL SERVICES

As Town Counsel to several Massachusetts communities, our attorneys advise municipalities in

all areas of municipal law, including the Open Meeting Law, Public Records Law, Conflict of
Interest Law, municipal governance, home rule, town meeting procedure, elections, land use, real
estate, eminent domain, municipal finance, procurement, and public construction.

Based in Central Massachusetts, Mirick O’Connell has strong relationships with local courts and
government agencies. We work closely with Town officials to avoid litigation whenever possible
or desirable. However, if litigation becomes unavoidable, we are ready to vigorously advocate
for the Town’s interests in any forum in an effective and efficient manner. Mirick O’Connell has
a team of litigation attorneys with extensive experience representing municipalities, municipal
officials, and boards.

Mirick O’Connell employs a team approach to Town Counsel services, to ensure the availability
of an attorney familiar with the Town’s concerns at all times. An additional benefit to hiring a
firm of our size affords the Town access to all of Mirick O’Connell’s attorneys who specialize in
a broad range of practice areas to support the Town as needed.

A listing of the Mirick O’Connell’s representative municipal clients is attached to this proposal.

2
Proposal for Town of Charlton
August 18, 2020

PROPOSED TEAM

Lead Town Counsel Litigation Counsel

Brian R. Falk, Esq. David K. McCay, Esq.
Mirick O’Connell Mirick O’Connell
100 Front Street 1800 West Park Drive, Suite 400
Worcester, MA 01608 Westborough, MA 01581
t 508.929.1678 t 508.860.1460
bfalk@mirickoconnell.com dmccay@mirickoconnell.com
BBO #667425 BBO #646921

Back-up Town Counsel Labor Counsel

Robert B. Gibbons, Esq. Kimberly A. Rozak, Esq.
Mirick O’Connell Mirick O’Connell
1800 West Park Drive, Suite 400 100 Front Street
Westborough, MA 01581 Worcester, MA 01608
t 508.898.1501 t 508.860.1428
rgibbons@mirickoconnell.com krozak@mirickoconnell.com
BBO #631049 BBO #552807

QUALIFICATIONS

Lead Town Counsel

Attorney Brian R. Falk will serve as Lead Town Counsel, overseeing all assignments and
working directly with Town Administrator and the Board of Selectmen to ensure the efficient
and economical delivery of legal services. Brian is an attorney in Mirick O’Connell’s
Municipal Law Group and Real Estate and Environmental Law Group, with extensive
experience in all areas of municipal law. He counsels Mirick O’Connell’s municipal clients
in the areas of municipal governance, town meeting procedure, land use (including planning,
zoning, and environmental law), real estate, elections, municipal finance, procurement, and
public construction. Brian advises local officials on compliance with the Open Meeting Law,
Public Records Law and Conflict of Interest Law, and has extensive experience drafting town
meeting warrants, zoning bylaws, general bylaws, and petitions for special legislation. Brian
is Town Counsel in Dunstable, Millbury, and Palmer, and provides Town Counsel services
for the towns of Bolton, Boylston, Clinton, Holden, Shrewsbury, and Paxton. Brian is a
member of the Massachusetts Municipal Lawyers Association and the Government Relations
Committee of the Worcester County Bar Association.

Litigation Counsel
Attorney David K. McCay will serve as Litigation Counsel overseeing all litigation matters
for the Town. Dave specializes in the resolution of complex environmental and real estate
disputes, and represents municipalities across the Commonwealth in zoning, environmental,
and real estate matters. Dave is currently representing the Towns of Bolton, Charlton,
Holden, Pepperell, Shrewsbury and Southbridge in various environmental and land use
3
Proposal for Town of Charlton
August 18, 2020

litigation matters in the federal and state courts in Massachusetts. Dave is active in Town
government in Southborough where he served as the Chair of the Economic Development
Committee for five years. He is a past-Chair of the Marlborough Regional Chamber of
Commerce and serves on the Board of Directors of the 495/MetroWest Partnership and the
Marlborough Economic Development Corporation.

Back-up Town Counsel

Attorney Robert B. Gibbons will serve as Back-up Town Counsel. He is a partner in Mirick
O’Connell’s Municipal Group and Litigation Group, as well as a member of the firm's
Management Committee. Bob serves as Town Counsel in Clinton and Bolton, and has
extensive experience representing towns in general municipal matters, contracts disputes, and
litigation.

Labor Counsel
Kimberly A. Rozak would serve as Labor Counsel. Kim is a partner and former chair of the
firm’s Labor, Employment, and Employee Benefits Group. She has extensive experience
representing clients in labor arbitration matters. Kim routinely represents employers before
the Massachusetts Commission Against Discrimination, the Equal Employment Opportunity
Commission, the National Labor Relations Board, the Massachusetts Department of Labor
Relations, and the Civil Service Commission. She also appears in state and federal courts in
connection with discrimination cases. Kim regularly advises clients on a broad range of
topics, such as the drafting and implementation of personnel policies, discipline and
termination practices, and employment and non-compete agreements.

Biographies for our Proposed Team are attached to this proposal.

ACCESSIBILITY

We will provide legal services to the Town as requested or as assigned. We are available to
attend the Town’s Annual Meeting and other meetings of Town boards and committees. We
are committed to returning emails and telephone calls promptly and rendering advice within
the timeframes set by the Town. By providing a team of attorneys, Mirick O’Connell ensures
that the Town has back-up at all times.

LEGAL FEES AND STAFFING

In recognition of the financial constraints on the Town, we propose a flat hourly rate of $250
for all municipal and labor matters, except for litigation. Litigation will be billed at the flat
hourly rate of $350 for Partners and Counsel, $275 for Associates, and $200 for Paralegals.
These rates are a significant discount from the rates Mirick O’Connell charges for its private
sector legal services.

We are open to working with the Town on alternative fee arrangements, after we have a
better sense of the Town’s needs.

4
Proposal for Town of Charlton
August 18, 2020

REFERENCES

Town of Shrewsbury Town of Bolton Town of Millbury

Kevin Mizikar Donald Lowe James Kelley
Town Manager Town Administrator Acting Town Manager
100 Maple Avenue 663 Main Street 127 Elm Street
Shrewsbury, MA 01545 Bolton, MA 01740 Millbury, MA 01527
(508) 841-8508 (978) 779-2297 (508) 865-4710
kmizikar@shrewsburyma.gov dlowe@townofbolton.com jkelley@townofmillbury.net

TRANSITION

We understand that a change of legal service providers can be challenging, but we are
committed to working with the Town’s current counsel on a seamless and efficient transition.
Upon appointment, our attorneys will hold meetings with various Town officials to introduce
members of the Proposed Team and get up to speed on the Town’s legal needs, particularly
matters of pressing concern.

BILLING

Mirick O’Connell’s practice is to bill monthly for services and expenses. We utilize a fully
integrated accounting system that offers our clients clear and itemized billing, including the
date of the service, the identity of the lawyer performing the service, the subject matter
reference for the service, a detailed description of the services performed, and the time it took
to perform that function.

We bill our clients for our actual costs that may include postage, copying, mileage, tolls and
parking. We do not mark up for overhead. Mileage charges are in accordance with the then
current Internal Revenue Service rate.

VALUE-ADD

Mirick O’Connell’s attorneys vigilantly monitor legal developments and changes to the law.
We provide our municipal clients with electronic updates and alerts on legal issues that may
affect them. If an issue warrants more in-depth explanation or discussion, we will conduct a
timely seminar. Our attorneys also provide in-house training programs to municipal officials
on the Open Meeting Law, Conflict of Interest Law, and Public Records Law.

5
Proposal for Town of Charlton
August 18, 2020

LITIGATION

Having represented towns, cities and districts over several decades, Mirick O’Connell has
handled a wide variety of litigation matters on behalf of municipalities. We offer the
following sample of cases:

• Numerous land use permitting matters before the Superior Court and Land Court
successfully defending approvals and denials by municipal boards.
• Lead counsel to a Massachusetts municipality on matters involving alleged
contamination from the Town-owned landfill operated by a publicly-traded waste
management company.
• Regularly advising municipalities on environmental issues related to soil, air,
groundwater and drinking water contamination involving commercial, industrial,
residential and municipal properties.
• Successfully handled appeal to the Massachusetts Supreme Judicial Court in a matter
concerning workers compensation benefits on behalf of a self-insured municipal
entity.
• Litigation in the Superior Court against an abutting town regarding a dispute over the
provision of water to a residential subdivision, resolved through the execution of a
water agreement.
• Numerous tax title foreclosure matters, successfully resolved through acquiring title
or compelling payment.
• Complex litigation in the Business Litigation Session of the Superior Court
representing a city appealing a decision of the Massachusetts Gaming Commission.
• Defense of a board of selectmen in a lawsuit challenging the board’s authority to
petition the Commonwealth to accept a town way as a state highway.
• Multiple construction litigation matters on behalf of a town pursuing contractors and
designers for damages stemming from defective workmanship.

6
 About Us.
Quick Facts.
 Established in 1916  Largest full-service law firm in Central Massachusetts
 Managing Partner: David E. Surprenant  Voted Best Law Firm by Worcester Business Journal
 Executive Director: Diane M. Power  Best Lawyers Best Law Firms, Tier 1
 Offices in Worcester, Westborough and Boston  AV Rated by Martindale-Hubbell

Committed to our Clients.

Mirick O’Connell has never wavered from the core principles of professional excellence established by our founders.
Our attorneys combine uncompromising standards of service with practical and cost-effective approaches to problem
solving. Mirick O’Connell has the expertise to handle the most sophisticated and complex matters, while never losing
sight of our first priority – the client.

Committed to our Communities.

Mirick O’Connell has a long, proud tradition of service to our region. Our attorneys and professionals have
enthusiastically embraced opportunities to couple good citizenship with excellent lawyering. We also appreciate the
opportunities that rise simply as a result of our status as a leading law firm in the region, and we are therefore
committed to continued service aimed at bettering the lives of those who live and work in Central Massachusetts and
beyond.

Firm Culture.

 Commitment to Diversity and Inclusion

 Named Top Places to Work by The Boston Globe
 Collaborative and collegial work environment

Business Labor, Employment and Employee Benefits Industries: Banking and Finance, Cannabis,
Construction Law Personal Injury Construction, Craft Beer, Government and
Creditors’ Rights, Bankruptcy and Reorganization Public and Municipal Law Municipalities, Health, Higher Education,
Family Law and Divorce Real Estate and Environmental Law Insurance, Manufacturing, Non-profits, Primary
Health Law Trusts and Estates and Secondary Education, Real Estate Developers
Intellectual Property and Commercial Landlords, Technology
 PUBLIC AND MUNICIPAL LAW

Our Public and Municipal Law Group represents towns, cities, districts, and agencies throughout
Massachusetts. We take pride in our ability to provide cost-effective, objective, and pragmatic
representation to our public sector clients.

Town Counsel and Special Municipal Counsel Services

As Town Counsel and Special Municipal Counsel, our attorneys advise municipalities in all areas of
municipal law, including the Open Meeting Law, Public Records Law, Conflict of Interest Law,
municipal governance, home rule, town meeting procedure, elections, land use, real estate, eminent
domain, municipal finance, taxation, special legislation, contracts, school building projects, procurement,
and public construction.

We work closely with municipal officials to avoid litigation whenever possible or desirable. However, if Practice Area Contact:
litigation becomes unavoidable, we are ready to provide vigorous advocacy in any forum. Mirick Stephen F. Madaus
O’Connell has a team of litigation attorneys with extensive experience representing municipalities, 508.929.1630
municipal officials, and boards. smadaus@mirickoconnell.com

Labor Counsel Services Attorneys

Nicholas Anastasopoulos
As Labor Counsel to cities and towns, we serve as counselors, negotiators and litigators. In doing so, we Ashley P. Coffey
routinely render advice on the full array of employment laws, including the Family and Medical Leave Peter J. Dawson
Act, wage and hour laws, and anti-discrimination laws. We also advise our municipal clients on laws Brian R. Falk
unique to the public sector, such as the civil service and the public sector collective bargaining statutes. Robert B. Gibbons
Todd K. Helwig
In addition to our role as advisors, we represent our clients in collective bargaining. Our role in collective Corey F. Higgins
bargaining varies depending upon the client. Some clients prefer that we handle negotiations from Spencer B. Holland
beginning to end, consulting with them throughout the process. Others have us take the role of lead Stephen F. Madaus
spokesperson among a team of town officials comprising the town’s bargaining team. Still others ask that David K. McCay
we act in a consultative role by preparing proposals and recommending strategies. John O. Mirick
D. M. Moschos
In today’s world of labor relations, litigation is an unfortunate reality. We have an extensive track record Kimberly A. Rozak
of success in representing clients before the Civil Service Commission, Department of Labor Relations, Sharon P. Siegel
Joint-Labor Management Committee, and Massachusetts Commission Against Discrimination, as well as Marc L. Terry
state and federal courts. In addition, we regularly represent clients at grievance arbitrations.

Legal Updates and Training

Our attorneys vigilantly monitor legal developments and changes to the law, and provide our public
sector clients with electronic updates on legal developments that may affect them. We provide in-house
training programs to public officials on the Open Meeting Law, Conflict of Interest Law, and Public
Records Law, and our labor attorneys provide workplace trainings on all aspects of labor and employment
law, including harassment prevention training. Mirick O’Connell also provides an Annual Labor and
Employment Law Update Seminar.

Excellence in our work.

Excellence in client service.
Excellence in value.
 LABOR, EMPLOYMENT AND EMPLOYEE BENEFITS
Labor Law| Employment Litigation| Human Resource-Related Advice and Training
Employee Benefits and Executive Compensation

Labor, Employment and Employee Benefits

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. Practice Area Contact
Robert L. Kilroy
Labor Law 508.860.1464
Our attorneys have extensive experience in negotiating collective bargaining agreements, having rkilroy@mirickoconnell.com
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 Attorneys
Labor Relations Board and the Massachusetts Division of Labor Relations, and represent our clients at Nicholas Anastasopoulos
arbitration in both the public and private sector. In addition, we advise non-unionized clients that are Amanda Marie Baer
being targeted by organizing drives, and we assist unionized clients with strike-contingency planning. Brian M. Casaceli
Corey F. Higgins
Employment Litigation Robert L. Kilroy
We have an extensive track record of success in the defense of wrongful termination claims, workplace John P. McMorrow
torts and employment litigation, including claims of sex, age, race, sexual orientation and disability Demitrios M. Moschos
discrimination and retaliation. We appear regularly on behalf of employers in state and federal courts and Kimberly A. Rozak
before the Massachusetts Commission Against Discrimination, the Equal Employment Opportunity Sharon P. Siegel
Commission the Civil Service Commission, and the State Ethics Commission. We also have extensive Jonathan R. Sigel
experience in the litigation of wage and hour disputes and in the enforcement of non-disclosure, non- Marc L. Terry
competition and non-solicitation agreements. Richard C. Van Nostrand
Reid M. Wakefield
Representative Matters:
Paralegals
• Successfully defended an office solutions company in the U.S. District Court against a race Susan D. Hunt
discrimination claim brought by a regional sales manager. The plaintiff had rejected a settlement offer Susan P. Mitchell
of several hundred thousand dollars before proceeding to trial Cheryl A. Spakauskas
• Obtained a high-seven-figure award for our minority shareholder client following a jury-waived
trial for "freeze-out" in Worcester Superior Court. This was one of the few cases in which the Court
ordered the repurchase of a minority shareholder's stock interest in the company at a percentage of
the company value without any discount for marketability or minority interest
• Successfully defended an automobile dealership and leasing company in Middlesex Superior
Court against age discrimination claim brought by a former sales manager
• Secured preliminary and permanent injunctions in the Business Litigation Session of the Suffolk
Superior Court on behalf of a nano-particulate business against a former chief chemist for trade
secret misappropriation
• Successfully defended a warehouse and bulk supplier in Bristol Superior Court in separate age
discrimination and workers' compensation claims brought by a driver and a warehouse worker,
respectively
Excellence in our work.
• Successfully defended an accounting firm against a pregnancy discrimination claim brought by an Excellence in client service.
accountant in Worcester Superior Court Excellence in value.
 MIRICK O’CONNELL | LABOR, EMPLOYMENT & EMPLOYEE BENEFITS PAGE 2

Employment Litigation (Representative Matters - continued)

• Obtained a summary judgment in favor of our accounting firm client in a disability discrimination claim in the U.S. District Court. On
appeal, dismissal was affirmed by the U.S. Court of Appeals for the First Circuit
• Obtained a summary judgment in favor of our aerospace manufacturing client in a race discrimination claim in the U.S. District
Court. The plaintiff's appeal was dismissed by the U.S. Court of Appeals for the First Circuit
• Obtained enforcement of a non-competition agreement on behalf of an educational software company, resulting in the removal of a
former executive from a competitor's workforce and the recoupment of attorneys' fees
• Successfully defended multiple executives facing numerous counts of discrimination, wrongful termination, and whistleblower
retaliation in federal court. The case was won with an initial motion to dismiss prior to discovery
• Successfully defended a municipality facing breach-of-contract claims in federal court following termination of an employee's contract
for poor performance. The case was won prior to summary judgment based on admissions by the plaintiff at her deposition
• Successfully defended a major medical institution facing breach-of-contract claims, intentional interference with contractual relations
and defamation in federal court. The case was won with an initial motion to dismiss prior to discovery
• Successfully defended a service provider and its executives against age discrimination claims. The case was won based on
admissions obtained at the plaintiff's deposition

Human Resource-Related Advice and Training

Our attorneys advise clients on a broad range of human resource-related issues. In addition, we conduct client training and offer seminars
addressing the myriad employment-related issues that HR professionals face. Our advice and training cover the following topics:

• Managing employee discipline

• Administering leaves of absence under the FMLA and ADA
• Conducting reductions in force and layoffs
• Ensuring compliance with the WARN Act in the event of a mass layoff or plant closing
• Implementing effective personnel policies and employee handbooks
• Preventing Sexual harassment
• Training Supervisors
• Administering affirmative action programs and audits
• Implementing wage and hour classification and audits
• Implementing independent contractor classification
• Complying with OSHA
• Conducting hiring and pre-employment drug testing
• Performing background checks
In addition, our attorneys assist clients in reviewing and drafting job applications, offer letters, employment agreements, independent
contractor agreements, severance agreements, employee handbooks and restrictive covenants designed to protect the employer's
intellectual property (including confidential and proprietary information) and to safeguard against unfair competition or raiding of its
customers or employees.

800.922.8337
www.mirickoconnell.com
WORCESTER | WESTBOROUGH | BOSTON
MIRICK, O’CONNELL, DEMALLIE & LOUGEE, LLP
 MIRICK O’CONNELL | LABOR, EMPLOYMENT & EMPLOYEE BENEFITS PAGE 3

Employee Benefits and Executive Compensation

The Employee Benefits and Executive Compensation Group advises clients with respect to designing and implementing the following:

• Executive compensation plans, including SERPs, top-hat plans, and 457(b) and 457(f) plans, as well as counseling regarding Section
409A compliance and executive compensation disclosure under the new proxy rules
• Tax-qualified retirement plans, including 401(k), 403(b) and 457 plans, defined benefit plans, and ESOPs
• Welfare benefit plans, including health reimbursement arrangements, section 125 cafeteria plans, Health FSAs, DCAPs and “wrap”
plans, as well as counseling regarding the implementation of HSAs, wellness plans, severance plans and claim administration
• Fringe benefit plans, including transportation and educational assistance plans
We also advise clients with respect to the day-to-day administration, operation and interpretation of executive compensation and
workforce benefit plans; the legal compliance, reporting and disclosure requirements related to such plans; and the administrative
procedures required to administer such plans.

We provide counsel regarding HIPAA’s portability, privacy and security rules; COBRA; USERRA; FMLA; Medicare and other group
health plan federal mandates, as well as new legislation affecting welfare plans, including the Genetic Information Nondiscrimination Act
of 2008, Michelle’s Law and the Children’s Health Insurance Program Reauthorization Act of 2009. We also provide counseling regarding
the Massachusetts Health Care Reform Act and the related federal tax implications of extended health coverage for those who are not
“dependents” under federal tax law.

We also advise clients with respect to the following:

• Designing a fiduciary governance structure to manage ERISA fiduciary liability risk and counseling fiduciaries regarding their ERISA
duties and the prohibited transaction rules
• Planning audits for legal compliance
• Correcting plan failures under the IRS and DOL voluntary correction programs
• Periodically reviewing management compensation arrangements and compliance with intermediate sanctions
• Conducting negotiations and due diligence related to executive compensation and workforce benefit plans in business mergers, initial
public offerings, acquisitions and dispositions, including multi-employer withdrawal liability
• Handling executive compensation and workforce benefits issues arising in bankruptcy transactions

We have extensive experience practicing before federal agencies, including the Internal Revenue Service, the DOL and the Pension Benefit
Guaranty Corporation, as well as in state and federal courts. We have served as special counsel for companies, other law firms and
accounting firms providing executive compensation and workforce benefits advice, and we work with our Trusts and Estates Group,
advising clients on the complex income, excise and estate tax rules governing plan distribution to estates and individuals.

Representative Matters:

• Counseled for-profit and not-for-profit employers regarding the new COBRA premium assistance subsidy rules under The American
Recovery and Reinvestment Act of 2009 and the expansion of the HIPAA privacy and security rules; developed a legal compliance
strategy, drafted documents and designed compliance practices and procedures
• Counseled for-profit and not-for-profit employers regarding the impact of the Children’s Health Insurance Program Reauthorization
Act of 2009 on their welfare benefits plans; developed a legal compliance strategy; and drafted amendments of health care and section
125 cafeteria plans for board approval
• Counseled for-profit employers regarding their claims procedures for handling claims of breach of fiduciary duty related to their tax-
qualified retirement plan, including an ESOP

800.922.8337
www.mirickoconnell.com
WORCESTER | WESTBOROUGH | BOSTON
MIRICK, O’CONNELL, DEMALLIE & LOUGEE, LLP
 MIRICK O’CONNELL | LABOR, EMPLOYMENT & EMPLOYEE BENEFITS PAGE 4

Employee Benefits and Executive Compensation (Representative Matters - continued)

• Counseled for-profit and not-for-profit employers regarding the impact of IRC 409A on their non-qualified deferred compensation
arrangements, separation pay agreements and change of control agreements; develop a legal compliance strategy and draft related
documentation for board approval
• Counseled for-profit and not-for-profit employers regarding the Massachusetts Health Care Reform Act, including counseling related
to the employer “fair share” contribution, the “free rider surcharge” and the employer and employee HIRD forms; developed a legal
compliance strategy and drafted related documentation for board approval
• Counseled for-profit and not-for-profit employers regarding operational or plan defects related to their tax-qualified retirement plans,
developed a legal compliance strategy and submitted voluntary compliance filings to the IRS under its Employee Plan Compliance
Resolution System
• Counseled for-profit and not-for-profit employers regarding failure to file Annual Return/Report (Form 5500) on time, developed a
legal compliance strategy and submitted filings to the DOL under its Delinquent Filer Voluntary Compliance Program
• Counseled a for-profit plan sponsor regarding action required to “freeze” its defined benefit pension plan; drafted documents
and submitted plan to the IRS for a determination letter
• Counseled for-profit plan sponsors regarding action required to terminate 401(k) plans and terminate defined benefit pension plans;
drafted documents and submitted the plan to the IRS for a determination letter
• Counseled for-profit and not-for-profit employers with respect to the amendments required to conform their tax-qualified retirement
plans to the Heroes Earnings and Assistance and Relief Act of 2008; the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and
Iraq Accountability Appropriations Act of 2007; and the Pension Protection Act of 2006; also developed a legal compliance strategy,
drafted related amendments for board approval and submit for-profit tax-qualified retirement plans to the IRS for a determination
letter
• Developed and implemented a fiduciary governance structure for a for-profit employer to manage ERISA fiduciary liability risk
Education Law
The attorneys in the Education Law Group counsel and represent public and private schools and colleges on issues related
to policies, compliance, discrimination, student rights and school construction and project financing. We provide ongoing advice to our
clients regarding federal and Massachusetts laws that affect educational administration, and we assist school administrators in effectively
delivering educational services in an increasingly demanding legal environment.

We also advise our public and private educational clients on labor and employment issues, including collective bargaining, personnel
issues, grievance arbitration, unfair labor practices and the negotiation of employment agreements with school administrators. In
addition, we represent educational clients in governmental investigations and defend against charges before state and federal
administrative agencies, including the Massachusetts and federal departments of education, the National Labor Relations Board and the
State Division of Labor Relations, the Massachusetts Commission Against Discrimination, the Equal Employment Opportunity
Commission and the U.S. Department of Labor, as well as before state and federal courts.

We counsel school clients in the complexities of disciplining students, drafting student handbooks and interpreting the Education
Reform Act. Our attorneys also review school committee policies, student codes of conduct and policies under the Drug-Free Schools
and Communities Act and provide advice on students' participation in athletic and other extracurricular activities.

Massachusetts legal requirements related to public school construction, innovation and repair are complex and frequently amended. Our
attorneys counsel public school clients on projects ranging in scope from new school design and construction to general purchasing
matters.

800.922.8337
www.mirickoconnell.com
WORCESTER | WESTBOROUGH | BOSTON
MIRICK, O’CONNELL, DEMALLIE & LOUGEE, LLP
 REPRESENTATIVE MUNICIPAL CLIENTS

Town of Bolton Town of Boylston

Donald Lowe, Town Administrator April Steward, Town Administrator
Town of Bolton Town of Boylston
663 Main Street 221 Main Street
Bolton, MA 01740 Boylston, MA 01505
(508) 779-3300 (508) 869-0143
2005 – Present 2007 – Present

Town of Clinton Town of Concord

Michael J. Ward, Town Administrator Stephen Crane, Town Manager
Town of Clinton Town of Concord
242 Church Street 22 Monument Square
Clinton, MA 01510 Concord, MA 01742
(978) 365-4120 (978) 318-3000
2008 - Present 1996 - Present

Town of Dunstable City of Gardner

Brian Palaia, Town Administrator John M. Flick, Esq., City Solicitor
Town of Dunstable City of Gardner
511 Main Street 144 Central Street, Law Department
Dunstable, MA 01827 Gardner, MA 01440
(978) 649-4514, x224 (978) 632-7948
2005 - Present 2020 - Present

Town of Holden Town of Hudson

Peter Lukes, Town Manager Thomas Moses, Executive Assistant
Town of Holden Town of Hudson
1204 Main Street 78 Main Street
Holden, MA 01520 Hudson, MA 01749
(508) 829-0225 (978) 562-9963
1980 - Present 1984 - Present

Town of Millbury Town of Palmer

James Kelley, Acting Town Manager Ryan McNutt, Town Manager
Town of Millbury Town of Palmer
127 Elm Street 4417 Main Street
Millbury, MA 01527 Palmer, MA 01069
(508) 865-4710 (413) 283-2603
1987 - Present 2012 - Present
Town of Paxton Town of Pepperell
Carols Riches, Town Administrator Andrew MacLean, Town Administrator
Town of Paxton Town of Pepperell
697 Pleasant Street 1 Main Street
Paxton, MA 01612 Pepperell, MA 01463
(508) 754-7638, x20 (978) 433-0333
1987 - Present 1984 - Present

Town of Shrewsbury
Kevin Mizikar, Town Manager
Town of Shrewsbury
100 Maple Avenue
Shrewsbury, MA 01545
(508) 841-8508
2015 - Present
 ATTORNEY BIOGRAPHY

Brian R. Falk
Of Counsel
Tel: 508.929.1678 | Fax: 508.983.6256 | Email: bfalk@mirickoconnell.com

Worcester Office: 100 Front Street | Worcester | MA | 01608-1477

Legal Administrative Assistant
Lora J. Kanter

Tel: 508.929.1629 | Email: lkantor@mirickoconnell.com

Practice Group(s) and Specialty Area(s)

Public and Municipal Law
Education
Real Estate and Environmental Law
JD, Boston College Law School (2006)

BS, cum laude, State University of New York Brian is a municipal and land use attorney in Mirick O'Connell’s Public and Municipal Law Group and Real Estate
at Geneseo (2000) and Environmental Law Group. Brian also leads Mirick O’Connell’s Cannabis Industry Group.

In his municipal practice, Brian counsels towns, cities, and districts in all areas of municipal law, including home rule,
Bar and Court Admissions
zoning, real estate, elections, finance, taxation, procurement, public construction, and general governance. Brian
Massachusetts
advises local officials on compliance with the Open Meeting Law, Public Records Law, and Conflict of Interest Law,
and has extensive experience drafting town meeting warrants, bylaws, ordinances, and special legislation.
Professional/Community Affiliations
Milford Area Chamber of Commerce, Brian also represents private clients in land use permitting matters. He regularly appears before municipal boards
Board member seeking special permits, variances, licenses, zoning amendments, and other local approvals for large projects and
challenging sites.
Massachusetts Municipal Lawyers
Association In 2014, 2015, and 2016, Brian was named a Massachusetts "Rising Star" by Boston magazine and Law & Politics. Brian
Worcester County Bar Association, previously served on the Milford Zoning Board of Appeals.
Government Relations Committee, Representative Matters
Municipal Law Section
• Provides Town Counsel services to nine Massachusetts communities.
Massachusetts Bar Association
• Provides special counsel and land use counsel services to several towns, cities, and districts.
• Represented a large developer to obtain an overlay zoning amendment and land use permits for a 475-unit high-
end apartment community.
• Represented a boutique developer on zoning amendments and land use permits for a mixed
residential/commercial downtown building.
• Represented a large developer to obtain an overlay zoning amendment and land use permits for a $160 million
regional hospitality, entertainment and retail center.
• Represented a large cannabis operator to secure a special permit for a community’s first cannabis retail store.
• Negotiated over 15 cannabis host community agreements on behalf of municipalities and private parties.
• Led negotiations for a city on two multi-million dollar host community agreements for resort-style gaming
establishments.

Publications/Presentations

• “Governor Updates Restrictions on Gatherings and Restaurants,” Mirick O’Connell Client Alert, August 11, 2020
• “New Municipal Relief Act has Important Provisions for School District Service Contracts and Emergency
Educator Licensing,” Mirick O’Connell Client Alert, June 18, 2020

MIRICK, O’CONNELL, DEMALLIE & LOUGEE, LLP WORCESTER | WESTBOROUGH | BOSTON

 Page | 2
ATTORNEY BIOGRAPHY – BRIAN R. FALK

Publications/Presentations (continued)

• “Quorum at Town Meeting may be Reduced During State of Emergency,” Mirick O’Connell Client Alert, June 9 2020
• “Municipalities May Allow Outdoor Dining for Restaurants During COVID-19 Re-Opening,” Mirick O’Connell Clerk Alert, June 2, 2020
• “Public and Municipal Law,” On Air with Mirick O’Connell legal podcast, April 10, 2020
• “Extended Closure due to COVID-19 Raises Multiple Issues for Schools,” Mirick O’Connell Client Alert, March 30, 2020
• “Governor Files Bill to Help Delay Town Meeting Season During COVID-19 Emergency,” Mirick O’Connell Client Alert, March 17, 2020
• “Executive Order Loosens Open Meeting Law Requirements During Coronavirus Emergency,” Mirick O’Connell Client Alert, March 13, 2020
• “Ruling underscores power of ‘host community agreements’ over pot retailers,” Massachusetts Lawyers Weekly, January 2, 2020 (quoted)
• “Table of Experts: The Business of Cannabis,” Boston Business Journal, October 11, 2019 (panelist)
• “Abutters’ appeal a first under Chapter 43S for DALA,” Massachusetts Lawyers Weekly, April 7, 2016 (quoted)
• “Getting Ready for a Brighter Economic Development Forecast in 2014,” Municipal Advocate, Vol. 24, No. 4 (2014) (co-author)
• On Solid Ground: Mirick O’Connell’s Real Estate, Environmental and Construction Law Blog (contributor) (2012 – present)

Mirick, O’Connell, DeMallie & Lougee, LLP Worcester | Westborough | Boston

 ATTORNEY BIOGRAPHY

David K. McCay
Partner
Tel: 508.860.1460 | Fax: 508.983.6273 | Email: dmccay@mirickoconnell.com

Westborough Office:
1800 West Park Drive | Suite 400 | Westborough | MA | 01581-3926
Legal Administrative Assistant
Lisa J. Gallo

Tel: 508.860.1467 | Email: lgallo@mirickoconnell.com

Education Practice Group(s) and Specialty Area(s)

JD, Boston College Law School (2000) Litigation
Business and General Litigation
BA, magna cum laude, Mount St. Mary’s Employment Litigation
University (1995) Real Estate and Environmental Litigation
Real Estate and Environmental Law
Securities and Shareholder Litigation
Bar and Court Admissions Patent and Intellectual Property Litigation
Massachusetts
U.S. District Court for Massachusetts Dave specializes in the resolution of complex real estate, environmental and business disputes. He represents
U.S. District Court for Connecticut property owners, real estate developers, commercial landlords and tenants, and businesses and business owners in real
estate, zoning and environmental disputes, and in cases involving commercial contracts, shareholder disputes,
U.S. Court of Appeals for the First Circuit insurance coverage disputes and the enforcement of noncompetition agreements. He also represents property owners
and developers in local land use permitting matters.
Professional/Community Affiliations
Dave appears regularly in the state and federal courts in Massachusetts and in arbitration proceedings before the
495/MetroWest Partnership, Board of
American Arbitration Association and JAMS. Dave has been named a "Rising Star" by Boston magazine and Law &
Directors
Politics. In 2005, he was selected by the Worcester Business Journal as one of "40 under Forty" professionals honored for
Marlborough Regional Chamber of their professional excellence and community service.
Commerce, Board of Directors, past chair
Dave is Editor and a frequent contributor to “On Solid Ground: The Mirick Real Estate Law Blog,” which provides
Marlborough Economic Development
news and commentary on real estate development, environmental and construction law. Dave is active in the
Corporation, Board of Directors
MetroWest community. He is the Chair of the Southborough Economic Development Committee, and Past-Chair of
Town of Southborough, Economic the Marlborough Regional Chamber of Commerce. Dave is also a member of the Board of Directors of the
Development Committee, past chair 495/MetroWest Partnership, and the Advisory Board for the MetroWest Economic Research Center at Framingham
State University. Dave lives with his wife and two sons in Southborough.
Boston College Alumni Association
Mount St. Mary’s College Alumni Representative Matters
Association
• Obtained a judgment and award of attorney’s fees under G.L. c. 21E, and successfully defended judgment on
American Bar Association, Environmental appeal, against a Massachusetts municipality requiring it to assess and remediate environmental contamination of
Law Section our client’s 14-acre property. The remediation is expected to cost up to $25 million
Boston Bar Association, Environmental • Obtained summary judgment against a former company controller who embezzled over $1.4 million from his
Law Section former employer
Massachusetts Bar Association • Successfully obtained the rescission of our client’s purchase of a 78-acre property based on the seller’s failure to
Worcester County Bar Association disclose known environmental contamination

The Boston Sportscar Company, LLC, • Obtained a multi-million dollar arbitration award and judgment for claims for breach of contract and unfair
Weston, Massachusetts, owner and counsel business practices on behalf of a designer and builder of pollution control systems for power generation facilities

Mirick, O’Connell, DeMallie & Lougee, LLP Worcester | Westborough | Boston

 Page | 2
ATTORNEY BIOGRAPHY – DAVID K. MCCAY

Representative Matters (continued)

• Successfully defended a large commercial tenant in lease claims related to the term of the lease and building repairs
• Obtained a dismissal of zoning-related claims for a commercial property owner concerning the non-conforming use of the property
• Successfully prosecuted claims on behalf of a real estate investment company against an insurance carrier for failure to provide coverage and benefits under a
commercial property insurance policy
• Resolved a MassDEP enforcement action on behalf of an automotive service and inspection station resulting in a favorable Consent Order
• Successfully represented an international teleconferencing company in the enforcement of a non-competition agreement arising out of the sale of a business
• Resolved an asbestos-related MassDEP enforcement action against two construction businesses resulting in a favorable Consent Order with a modest
penalty
• Successfully enforced a non-competition and non-solicitation agreement on behalf of a high-tech sales and distribution company against its former sales
affiliate
• Successfully defended a hospital and its physician against sexual harassment and retaliation claims by a former coworker

Publications/Presentations

• "On Solid Ground: The Mirick O'Connell Real Estate Law Blog," editor and author of over three dozen articles on various real estate development,
environmental and construction issues, 2012 to present
• Quoted in “Marlborough: Developer plans 104-bed assisted living facility,” MetroWest Daily News, September 13, 2016
• Quoted in “Making it that ‘final mile’ to work in suburbia,” Boston Globe, January 21, 2016
• Presented at “Building the Boroughs+: Building and Keeping a Great Downtown,” Mirick O’Connell Seminar Series, May 7, 2015
• Quoted in “Marlborough: Developer, committee clash over Dunkin' sign,” MetroWest Daily News, April 28, 2015
• Mirick O’Connell Quoted in “Southborough considers hiring economic development coordinator,” MetroWest Daily News, February 5, 2015
• Quoted in “Southborough’s Economic Development Committee sets vision for town’s future,” Community Advocate, January 29, 2015
• Quoted in “Former Bruins great shares stories at chamber luncheon,” Community Advocate, November 25, 2014
• Quoted in “Southborough economic development suggestions begin to take shape,” MetroWest Daily News, November 13, 2014
• Quoted in “Southborough looks ahead 25 years as leaders weigh development strategy,” Worcester Business Journal, November 6, 2014
• Quoted in “Riding a wave,” Worcester Business Journal, October 19, 2014
• Quoted in “Southborough gets good news on the economy,” MetroWest Daily News, July 25, 2014
• Quoted in “Southborough steps up economic development effort,” Community Advocate, July 17, 2014
• Quoted in “Setting sights higher in Framingham,” Worcester Business Journal, June 17, 2014
• "Employment Litigation Update," Mirick O'Connell Labor, Employment and Employee Benefits Seminar, 2009
• "Superior Court Standing Order 1:09: New Rules Promote Transparency in Written Discovery," Massachusetts Bar Association Section Review, 11, no.1, (2009)
• "The Application of the Massachusetts Psychotherapist-Patient Privilege in Employment Cases," Massachusetts Bar Association Section Review, 8, no. 2, (2006)
• "Covenants Not to Compete After Boulanger," Massachusetts Bar Association Section Review, 7, no. 1, (2005)
• "Managing Risks in Private Companies," Mirick O'Connell Seminar Series, 2005
• "A Matter of Trust: The Impact of Fiduciary Duty on Private Companies," Worcester Business Journal, (May 2, 2005)(with James C. Donnelly, Jr.)
• "Many Businesses Face New Requirements for Protecting Customers' Privacy," The Mirick O'Connell Report, (Winter 2002)
• "Hit the Books: Statutory Defenses to Contract," in Legal Ways to Get Out of a Contract (MCLE, 2001) (with Joan O. Vorster)

Mirick, O’Connell, DeMallie & Lougee, LLP Worcester | Westborough | Boston

 ATTORNEY BIOGRAPHY

Robert B. Gibbons
Partner
Tel: 508.860.1444 | Fax: 508.983.6252 | Email: rgibbons@mirickoconnell.com

Westborough Office:
1800 West Park Drive | Suite 400 | Westborough | MA | 01581-3926

Legal Administrative Assistant

Linda A. Rothera

Tel: 508.860.1469 | Email: lrothera@mirickoconnell.com

Practice Groups and Specialty Areas

Education Commercial Litigation
JD, cum laude, Suffolk University Law School Business and General Litigation
MBA, University of Massachusetts at Lowell Real Estate and Environmental Litigation
Municipal Law
BS, Worcester Polytechnic Institute Public Contracting and Procurement
Creditors’ Rights, Bankruptcy and Reorganization
Bar and Court Admissions
Massachusetts Bob is a partner in the Litigation Group and member of the firm's Management Committee. He currently
concentrates his practice in commercial litigation where he handles a broad range of business matters involving
Professional/Community Affiliations commercial contracts, banking, construction, commercial landlord-tenant disputes, complex collections and fiduciary
Town of Clinton, town counsel; former fraud. Before joining the firm in 1997, Bob was a program manager for General Electric Aircraft Engines.
member, Finance Committee; former
member, School Building Committee. Bob serves as litigation counsel for a variety of local and national companies, including banking and financial
American Bar Association institutions, manufacturing companies, construction companies and professional service firms. He works with clients
to create efficient and cost-effective resolutions of commercial problems and disputes.
Massachusetts Bar Association
Bob is currently in his fourth term as elected town counsel for the Town of Clinton.
Worcester County Bar Association
Bob has been named a Massachusetts “Super Lawyer” by Boston magazine and Law & Politics every year since 2014.

Publications/Presentations

• "Contract Review: What You Don't Know Can Hurt You"

• "Credit Policy: Legal Issues and Administration"
• "Collection and Loan Recovery Strategies"
• "Commercial Collection Strategies for the New Economy: What Works"
• "Tenant Default and Bankruptcy Issues"
• “Advanced Collection Strategies for Business Owners“
• "Advanced Credit Strategies in a Down Economy"

Mirick, O’Connell, DeMallie & Lougee, LLP Worcester | Westborough | Boston

 ATTORNEY BIOGRAPHY

Kimberly A. Rozak
Partner
Tel: 508.860.1428 | Fax: 508.983.6294 | Email: krozak@mirickoconnell.com

Worcester Office: 100 Front Street | Worcester | MA | 01608-1477

Legal Administrative Assistant

Debra M. Ostrander

Tel: 508.860.1423 | Email: dostrander@mirickoconnell.com

Practice Groups and Specialty Areas

Labor, Employment and Employee Benefits
Employee Benefits and Executive Compensation
Education
Employment Litigation
JD, Boston College Law School
Human Resource-Related Advice and Training
Education Law
BA, with honors, College of the Holy Cross
Labor Law
Municipal Law
Bar and Court Admissions
Kim is a partner in the firm's Labor, Employment and Employee Benefits Group. She currently serves as counsel to
Massachusetts
a wide variety of employers, both in the public and private sectors, including for-profit and not-for-profit
Arizona organizations. Her practice includes representing employers before the Massachusetts Commission Against
Discrimination, the Equal Employment Opportunity Commission, the National Labor Relations Board, the State
U.S. District Court for Massachusetts Division of Labor Relations, and the Civil Service Commission. She also appears in state and federal courts in
U.S. District Court for Arizona connection with discrimination cases. She regularly advises clients on a broad range of topics, such as the drafting and
implementation of personnel policies, discipline and termination practices, and employment and non-compete
U.S. Court of Appeals for the First Circuit agreements. She also represents numerous clients in labor arbitration matters. Kim's practice includes representing
Navajo Nation school committees and school districts, handling arbitrations and labor complaints, and providing advice on issues
related to school policy and student discipline.
Professional/Community Affiliations
Massachusetts Council of School Attorneys Kim was recognized by Massachusetts Lawyers Weekly as one of the “Top Women in Law” for 2010. Kim has been
(MA COSA), member, past president named a Massachusetts “Super Lawyer" by Boston magazine and Law & Politics every year since 2011. In 2011, Kim
was one of six recipients to receive the “Outstanding Women in Business Award,” awarded by the Worcester Business
Massachusetts Association of School
Journal. In 2001, Kim was selected by the Worcester Business Journal as one of “40 under Forty” professionals honored
Committees, member
for their professional excellence and community service.
National School Board Association, Council
of School Attorneys, member Kim has exclusively practiced management-side labor and employment law throughout her career. She was previously
associated with Morgan, Brown and Joy in Boston, where her practice was also focused on traditional labor and
Worcester Economic Club, member, past employment law. She is also admitted to practice in state and federal courts in Arizona, where she worked as an
president assistant attorney general for the Navajo Nation Department of Justice, handling a wide range of litigation matters for
American Bar Association, Labor and the tribal government, including discrimination and labor complaints involving highly complex jurisdictional
Employment Section, member issues. She began her career by serving as a clerk to the Honorable Jerome Niedermeier, in the U.S. District Court for
the District of Vermont.
Massachusetts Bar Association, member
Representative Matters
Worcester County Bar Association,
member; former co-chair, Labor and • Successfully represented a client in related cases before a state administrative agency, proving that workers were
Employment Section independent contractors and not employees under Massachusetts law
State of Arizona Bar Association • Represented a transportation industry employer in arbitration involving the termination of an employee who also
Navajo Nation Bar Association served as vice president of the union; obtained an award upholding termination

Society of Human Resources Professionals • Represented a transportation industry employer in arbitration involving the discipline of an employee and
(MA Chapter), member challenges the by union to the employer's use of video surveillance cameras; obtained an award upholding the
discipline and no finding of invasion of privacy under Massachusetts law

Mirick, O’Connell, DeMallie & Lougee, LLP Worcester | Westborough | Boston

 Page | 2
ATTORNEY BIOGRAPHY – KIMBERLY A. ROZAK

Representative Matters (continued)

• Obtained findings of lack of probable cause in two related national-origin cases before the MCAD, where brothers employed by the same manufacturer each
brought separate discrimination charges and were the only employees of that heritage in the company's workforce
• Obtained a finding of lack of probable cause by the MCAD for a non-profit client in a protracted sexual harassment, retaliation and constructive discharge
case
• Obtained the dismissal of an unfair labor practice charge by both the Massachusetts Labor Relations Commission and the NLRB in charges filed by union
against major health care employer for unilaterally changing technology in the workplace
• Obtained a decision from the Massachusetts Civil Service Commission upholding the 60-day suspension of a municipal employee in a case that spanned eight
years and involved an interlocutory appeal to the Superior Court in which the municipality also prevailed
• Negotiated a favorable prevailing wage settlement with the Commonwealth of Massachusetts for an employer that improperly calculated the benefits
component of the prevailing wage
• Mediated and settled multiple protracted cases involving municipal employee in the global resolution of the matter on terms that included an eight-year
prohibition on the employee's ability to compete for any promotional opportunities within the department
• Successfully represented a range of clients in arbitrations involving procedural and substantive arbitrability, including before the Massachusetts Superior Court
• Preserved management rights through a number of successful arbitrations for broad range of clients in the public and private sectors
Publications/Presentations

• “The Next Phase in the COVID-19 Battle for School Districts: Budget Cuts, Furloughs, Layoffs and Collective Bargaining,” Mirick O’Connell Client Alert,
(May 15, 2020)
• “Families First Coronavirus Response Act,” Milford Area Chamber of Commerce Webinar (April 6, 2020)
• “NEW Federal Employment Acts (Emergency Sick Leave, Emergency FMLA Amendment and Payroll Protection Act),” Worcester Regional Chamber of
Commerce Webinar (April 2, 2020)
• “Extended Closure due to COVID-19 Raises Multiple Issues for Schools,” Mirick O’Connell Client Alert (March 30, 2020)
• “Governor Baker Recommends Legislation to Address Challenges Caused by School Closures,” Mirick O’Connell Client Alert (March 2020)
• “Understanding GINA and Avoiding Violations,” Worcester Regional Chamber of Commerce, April 2011 and Mirick O’Connell Labor, Employment and
Employee Benefits Seminar (March 2011)
• "Labor Law Update: Major Cases Reviewed," Massachusetts Municipal Personnel Association annual meeting (October 2010)
• “Identity Theft,” Worcester Regional Chamber of Commerce (May 2010)
• “Addressing Employee Drug and Alcohol Use and Abuse,” Mirick O’Connell Labor, Employment and Employee Benefits Seminar (March 2010)
• “Compliance with the Massachusetts Wage and Hour Law,” HRMA (February 2010)
• “Sex-Based Stereotype Serves as Foundation for Discrimination Suit,” HRMA (May 2009)
• "Independent Contractors vs. Employee Issues," North Central Chamber of Commerce (September 2008)
• "Handling Cases before the MCAD," MCLE Paralegal Workshop (June 2008)
• "New Treble Damages Law," Mirick O'Connell Seminar (June 2008)
• "Employee Handbooks for School Districts," Massachusetts Association School Personnel Administrators Handbook Workshop (May 2008)
• "The Nuts and Bolts of Frequently Used Employment Records," Mirick O'Connell Labor, Employment and Employee Benefits Seminar (November 2007)
• "The New Independent Contractor Law - Revisited," HRMA Perspectives (October 2007)
• "Avoid Layoffs Under the Massachusetts Workshare Program," HRMA Perspectives (March 2002)
• "The New Reality: Temporary Workers Can Be Placed in the Same Bargaining Unit as Regular Employees," HRMA Perspectives (September 2002)
• "Vacation Payments Must be Treated as Wages in Massachusetts," HRMA Perspectives (November 1999)

Mirick, O’Connell, DeMallie & Lougee, LLP Worcester | Westborough | Boston