On Wednesday, April 24, 2024, Kara Maciel, Rachel Conn, and Dan Deacon presented a webinar discussing Tips and Strategies for Preventing and Responding to Workplace Violence Incidents.

Workplace violence has been a focus for both the Occupational Safety and Health Administration (“OSHA”) and the Equal Employment Opportunity Commission (“EEOC”) for several years, as it continues to be one of the leading causes of occupational injuries in the country every year. While OSHA has no specific standard for workplace violence, the OSH Act’s General Duty Clause requires employers to provide a workplace free from recognized serious hazards, and OSHA has instituted enforcement actions under its General Duty Clause after incidents of workplace violence. OSHA has also initiated a rulemaking to address workplace violence in specific industries.

California has taken the lead in implementing the first workplace violence rule in the country for general industry, requiring nearly all California employers (unless they fall under one of the limited exemptions) to establish, implement, and maintain an “effective” written workplace violence prevention plan, investigate every incident workplace violence (broadly defined), create and maintain violent incident logs, conduct annual employee and supervisor training, and abide by additional recordkeeping requirements. This general industry rule follows the Cal/OSHA regulation on Workplace Violence Prevention in Health Care.

The EEOC has also prioritized ways to effectively prevent and address workplace violence, particularly in the form of workplace harassment. And outside of OSHA and the EEOC, employers can also be held liable for workplace violence through other claims such as negligent hiring and supervision.

Participants in this webinar learned: Continue reading →

On March 14, 2024, Mark M. Trapp presented a webinar about Avoiding, Minimizing, and Fighting Withdrawal Liability.

This webinar addressed the significant challenges faced by companies that participate in multiemployer pension plans. Specifically, it helped unionized employers understand and analyze what is often the most critical challenge facing their business – multiemployer pension withdrawal liability.

Participants learned about the following: Continue reading →

Black History Month is a time to recognize and honor the many contributions of Black Americans throughout U.S. history. Conn Maciel Carey LLP’s Chief Operating Officer, Mikel Koon, shares her dad’s accomplishments as a jazz musician against the backdrop of the Civil Rights Era – a time when Black musicians battled for recognition – when he carved a path that would become a bridge between cultures and a beacon of resilience.

Warren playing percussion.

Musical Career

Warren Smith is a disciplined New York-based drummer and percussionist with a long history of pitching in on various masterworks, from the recordings of soul queen Aretha Franklin to the avant-garde saxophone maverick and fascinating composer Sam Rivers. Smith has also been a longtime member of one of the great percussion projects, the Max Roach M’Boom ensemble of drummers.

His reputation has always been that of a no-nonsense, hard-working, and dedicated performer, so he is a favorite working partner of bandleaders or composers who want to present projects with an absolute minimum of hassle or attitude from their collaborators. This list includes Anthony Braxton, Charles Mingus, Henry Threadgill, Van Morrison, Count Basie, Sam Rivers, Tony Williams, and Joe Zawinul. As each new generation of players enters the ever-developing world of jazz, Warren Smith has never been one to lord over newcomers or put up barriers against innovative jazz forms; on the contrary, he seems to always be part of the crew that is out front.

Warren and his daughters in Cape May.

During the late-’70s/early-’80s “loft jazz” scene in New York City,his Studio Wis was one of the few so-called “lofts” that actually was a loft. It was also not a “pay-to-play” loft; in other words, rather than exploit the city’s hungry musicians, Smith gave generously of his personal studio space so that talented newcomers to the New York City scene such as Oliver Lake and Wadada Leo Smith could present concerts without having to worry about outrageous rental fees. Warren Smith often attended these events, smiling wider as the music went further and further out, approaching the unknown players to pay compliments and offer advice. His work in studio sessions and Broadway pit bands made him a likely source of wisdom on all subjects related to sight reading, arranging, or composition. When a young guitarist in a group performing at Studio Wis asked for advice on sight-reading exercises after a gig in 1979, Smith‘s response was Continue reading →

Conn Maciel Carey LLP is proud to announce that it has achieved ISO 27001 certification – a security-related benchmark issued by the International Organization for Standardization for managing security assets. It ensures that organizations have robust processes in place to identify, manage, and reduce risks to information security.

Background about ISO 27001 Certification​

At CMC, protecting the confidentiality and integrity of our client data is of prime importance. Data breaches and ransomware attacks are on the rise for many industries and organizations around the globe and law firms are no exception. ISO 27001 certification was a necessary next step to ensure that we are identifying and proactively managing risks and avoiding security threats. The certificate provides a globally recognized standard of the CMC’s data security practices encompassing all types of business data including electronic information, hard copy data, and third-party suppliers. This achievement further affirms CMC’s investment in the security of our client’s information. ​

The ISO 27001 Certification Process​ Continue reading →

All of us here at Conn Maciel Carey wish you a joyful and safe holiday season!

Please enjoy this holiday greeting from the CMC family to your family:

We have so much to be thankful for at Conn Maciel Carey, but most of all, we thank you all for continuing to turn to us for counsel and legal services.  Please contact us if you have questions about any of the topics we have covered here on the Employer Defense Report blog, or if you have ideas for other subjects we should be covering.  And of course, contact any of us if there is ever anything our national Labor & Employment Practice Group at Conn Maciel Carey can do to help your organization with Labor & Employment law issues.

The legal landscape facing employers seems as difficult to navigate as it has ever been.  Keeping track of the ever-changing patchwork of federal, state, and local laws governing the workplace may often seem like a full-time job whether you are a human resources professional, in-house attorney, or business owner.  Change appears to be the one constant.  As we enter Year 3 of President Biden’s Administration, employers will continue to closely track the changes taking place at the NLRB, the DOL, the EEOC, and even the FTC.  At the same time, many states will continue introducing new laws and regulations governing workplaces across the country, making it more important than ever for employers to pay attention to the bills pending in the legislatures of the states where they operate.  ​

Conn Maciel Carey’s complimentary 2024 Labor and Employment Webinar Series, which includes monthly programs (sometimes more often, if events warrant) put on by attorneys in the firm’s national Labor and Employment Practice, will focus on a host of the most challenging and timely issues facing employers, examine past trends and look ahead at the issues most likely to arise.​ To register for an individual webinar in the series, click on the link in the program description below. To register for the entire 2023 series, click here to send us an email request, and we will register you.  If you missed any of our programs from the past eight years of our annual Labor and Employment Webinar Series, here is a link to an archive of recordings of those webinars.

Continue reading →