Author: Theresa Green

Managing Internal Investigations [Webinar Recording]

Theresa Green Leave a comment

On Thursday, May 11, 2023, Lindsay A. DiSalvo and Ashley D. Mitchell presented a webinar regarding Managing Internal Investigations.

Gathering reliable information about employees and workplace incidents to make reasonable and informed employment decisions can be a challenge for employers. The scope and complexity of workplace investigations can vary depending on the issues and the number of people involved. Internal investigations can involve various and very different types of claims, such as discrimination, harassment, retaliation, theft, misconduct, whistleblowing and misappropriation of trade secrets. An ill-considered response to any of these issues can create a variety of problems for employers, making the process for conducting these types of investigations even more important.

Participants in this webinar learned Continue reading →

Conn Maciel Carey LLP Adds Highly Regarded OSHA Defense and Employment Attorney Kimberly Richardson

Theresa Green Leave a comment

Conn Maciel Carey LLP, (CMC) a boutique law firm with national practices in labor and employment, workplace safety (OSHA and MSHA), and litigation, is pleased to announce that Kimberly Richardson has become an Of Counsel attorney with the firm based out of the firm’s principal office in Washington, DC.

Ms. Richardson will provide counseling and litigation services related to workplace health and safety and employment-related matters. Throughout her 15 years of experience, Ms. Richardson has served as the lead in-house workplace health and safety attorney for multiple national and international organizations, where she advised executive leadership on matters pertaining to labor, employment, and OSHA compliance.

“I am elated to share Kimberly’s perspective as a former in-house corporate counsel with our clients and our attorneys as she prides herself on advising companies to create and prioritize robust compliance programs on the myriad of employment legal issues,” says Kara Maciel, Labor and Employment Practice Chair. “When corporate legal teams need advice on creating collaborative approaches to their ESG initiatives, Kimberly will be a strong leader of CMC’s team in providing strategic privileged counsel on the responsibilities that corporations will be facing in the years to come.”

“I could not be more excited to welcome the legendary Kimberly Richardson to our OSHA and L&E teams at Conn Maciel Carey,” says Eric Conn, OSHA Practice Chair. Continue reading →

Conn Maciel Carey LLP Expands Midwest Presence with OSHA Defense & Employment Senior Counsel Mark Ishu

Theresa Green Leave a comment

Conn Maciel Carey LLP (CMC), a boutique law firm with national practices in labor and employment, workplace safety (OSHA and MSHA), and litigation, is pleased to announce that Mark Ishu has joined the firm’s Chicago office as a Senior Counsel.

Prior to entering private practice, Mr. Ishu spent over a decade serving as a Trial Attorney for the United States Department of Labor, Office of the Solicitor, where he prosecuted civil violations under federal labor statutes for the Occupational Safety and Health Act, Fair Labor Standards Act, , Mine Safety and Health Act, Employee Retirement Income Security Act, Davis Bacon Act, Service Contract Act, Immigration Nationality Act (H-1B, H-2B, H-2A), and whistleblower statutes. During his tenure, he was dedicated to fostering, promoting, and protecting the welfare of wage earners, job seekers, and retirees in improving working conditions, advancing opportunities for profitable employment, and assuring work-related benefits and rights.

Co-Managing Partner, Aaron Gelb, says “After litigating several significant citations with Mark on the other side representing OSHA, I came to respect him as a worthy adversary and like him as a person.  Continue reading →

Pay Transparency Laws and New State Laws re: Non-Compete Agreements [Webinar Recording]

Theresa Green Leave a comment

On Thursday, April 20, 2023, Daniel Deacon and Samuel Rose presented a webinar regarding Pay Transparency Laws and New State Laws re: Non-Compete Agreements.

Pay transparency laws have taken the country by storm. In December 2021, New York City Council passed a pay transparency measure that went into effect in November 2022. California passed a similar law that went into effect in January 2023. The trend will likely spread to other states across the country. This webinar explained the laws, compliance challenges, and some tips to make compliance easier. It also covered a general overview of new state laws regarding non-compete agreements, including the District of Columbia’s Ban on Non-Compete Agreements Amendment Act, which went into effect in October 2022.

Participants in the webinar learned: Continue reading →

Strategies for Responding to Whistleblower / Retaliation Complaints [Webinar Recording]

Theresa Green Leave a comment

On Tuesday, March 21, 2023, Jordan B. Schwartz, Lindsay A. DiSalvo, and Victoria L. Voight presented a webinar regarding Strategies for Responding to Whistleblower/Retaliation Complaints.

Over the past several years, employers have seen a significant uptick in retaliation claims filed by employees and investigated by federal agencies. For example, in 2010, only approx. 30% of all charges filed with the EEOC included a retaliation claim, but that number shot up to almost 60% in FY 2021. Similarly, the vast majority of whistleblower complaints filed with OSHA in FY 2022 – about 76% – were filed under Sec. 11(c) of the OSH Act (retaliation based on protected safety acts).

When a general retaliation or whistleblower complaint is received, employers have a chance to explain why the complaint should be dismissed. The response is an opportunity for the employer to provide information so the agency investigating the complaint can close its file; whether that means OSHA decides an onsite inspection is unnecessary or the EEOC dismisses the discrimination charge. The responses can, however, create a written record of admissions that OSHA or the EEOC could use against the employer. Employers should thus be strategic about the information shared at that early stage and should ensure there is a procedure in place for managing and developing these responses.

Participants in this webinar learned: Continue reading →

[Webinar] Strategies for Responding to Whistleblower / Retaliation Complaints

Theresa Green Leave a comment

On Tuesday, March 21, 2023 at 1 p.m. EST, join Jordan B. Schwartz, Lindsay A. DiSalvo, and Victoria L. Voight for a webinar regarding Strategies for Responding to Whistleblower/Retaliation Complaints.

Over the past several years, employers have seen a significant uptick in retaliation claims filed by employees and investigated by federal agencies. For example, in 2010, only approx. 30% of all charges filed with the EEOC included a retaliation claim, but that number shot up to almost 60% in FY 2021. Similarly, the vast majority of whistleblower complaints filed with OSHA in FY 2022 – about 76% – were filed under Sec. 11(c) of the OSH Act (retaliation based on protected safety acts).

When a general retaliation or whistleblower complaint is received, employers have a chance to explain why the complaint should be dismissed. The response is an opportunity for the employer to provide information so the agency investigating the complaint can close its file; whether that means OSHA decides an onsite inspection is unnecessary or the EEOC dismisses the discrimination charge. The responses can, however, create a written record of admissions that OSHA or the EEOC could use against the employer. Employers should thus be strategic about the information shared at that early stage and should ensure there is a procedure in place for managing and developing these responses.

Participants in this webinar will learn: Continue reading →

CMC Spotlight Series: Meet Mark Trapp!

Theresa Green Leave a comment

As a Partner in Conn Maciel Carey’s Chicago office, Mark Trapp specializes in labor and employment law with our Employment Practice Group.  He arbitrates, litigates, and advises clients on multiemployer pension funds and withdrawal liability issues, as well as labor relations, union elections, and collective bargaining. He also handles various types of employment litigation and grievance arbitrations. Between 2014 and 2017, Mark was recommended in the Labor-Management Relations category by The Legal 500 United States and has been selected to Super Lawyers from 2020 to 2023.

Get to Know Mark!

Mark FamilyWhere is your favorite vacation spot?

My family doesn’t have one specific favorite. My wife is from Mexico, so we celebrate each daughter’s quinceañera—a traditional celebration of a girl’s fifteenth birthday. But instead of having the usual party, we decided to let them choose anywhere they wanted to go and make it a special trip just for them. So far, we’ve had three daughters reach that milestone. We’ve traveled to London and Hawaii, and we enjoyed a Disney cruise. Our youngest daughter is approaching 15, and we can’t wait to see what she chooses. She’s leaning toward Alaska, but she’s not sure.

We’ve also been camping in Gettysburg many times, including during the 150th anniversary of the Battle of Gettysburg. It’s a great place for hiking and history.

What was your first job? Continue reading →

Navigating the New Normal: Remote Work Challenges [Webinar Recording]

Theresa Green Leave a comment

On Wednesday, February 22, 2023, Jordan B. Schwartz and Darius Rohani-Shukla presented a webinar regarding Navigating the New Normal: Remote Work Challenges.

There is no doubt that the COVID-19 pandemic triggered a significant surge in remote work nationwide, allowing more and more employees to work from their homes or some other location locally or in a completely different state from the employer’s brick and mortar location. This has created significant employment hurdles for employers because remote employees are generally subject to the laws of the city and state where they are physically located and perform work. Depending on state law and conflict of law principles, there may be exceptions for employees who are temporarily located in a state or not considered “based” within a state. But certainly for those who intend to continue to work from a different state on a more long-term basis, its likely that a particular state’s laws could apply.

And the challenges created by remote work are ones that are unlikely to disappear any time soon. Statistical projections show that by the end of 2022 remote work will make up about 25% of all jobs in North America. Notably, in 2021, about 67% of white-collar workers worked either partially or exclusively from home and almost 98% of remote workers surveyed said they would like to work remotely at least some of the time for the rest of their careers.

This desire to work remotely combined with the challenges in hiring and retaining workers that many employers are experiencing, makes it likely that employers will have to continue to grapple with if and how to incorporate remote work into their current structure, including how to effectively monitor employee performance and the employment laws that may be triggered related to this unique work environment.

Participants in this webinar learned: Continue reading →

[Webinar] Navigating the New Normal: Remote Work Challenges

Theresa Green Leave a comment

On Wednesday, February 22, 2023 at 1 p.m. EST, join Dan Deacon and Darius Rohani-Shukla for a webinar regarding Navigating the New Normal: Remote Work Challenges.

There is no doubt that the COVID-19 pandemic triggered a significant surge in remote work nationwide, allowing more and more employees to work from their homes or some other location locally or in a completely different state from the employer’s brick and mortar location. This has created significant employment hurdles for employers because remote employees are generally subject to the laws of the city and state where they are physically located and perform work. Depending on state law and conflict of law principles, there may be exceptions for employees who are temporarily located in a state or not considered “based” within a state. But certainly for those who intend to continue to work from a different state on a more long-term basis, its likely that a particular state’s laws could apply.

And the challenges created by remote work are ones that are unlikely to disappear any time soon. Statistical projections show that by the end of 2022 remote work will make up about 25% of all jobs in North America. Notably, in 2021, about 67% of white-collar workers worked either partially or exclusively from home and almost 98% of remote workers surveyed said they would like to work remotely at least some of the time for the rest of their careers.

This desire to work remotely combined with the challenges in hiring and retaining workers that many employers are experiencing, makes it likely that employers will have to continue to grapple with if and how to incorporate remote work into their current structure, including how to effectively monitor employee performance and the employment laws that may be triggered related to this unique work environment.

Participants in this webinar will learn: Continue reading →

Annual California Employment Law Update [Webinar Recording]

Theresa Green Leave a comment

On Thursday, January 19, 2023, Andrew J. Sommer, Megan S. Shaked, and Samuel S. Rose presented a webinar regarding a California Employment Law Update.

2023 brings changes for California employers to a range of topics touching on pay equity and marijuana use, as well as wage and hour compliance. This webinar reviewed compliance obligations for companies doing business in California, as well as discuss the practical impact of these new laws and best practices for avoiding potential employment-related claims.

Participants in this webinar learned about: Continue reading →