Conn Maciel Carey Opens Columbus, Ohio Office

Conn Maciel Carey LLP announced today the opening of its Columbus, Ohio office. It is the firm’s sixth office nationally and the second location in the Midwest. The new office represents another important step in the firm’s continued growth in the region, together with the opening of its Chicago office last year.

Columbus is a growing Midwest hub and is centrally located to many of the nation’s current and historic industrial centers. With an expanded Midwest presence, Conn Maciel Carey attorneys now provide enhanced services to its national clients operating in the Midwest.

shutterstock_columbus color.jpg

We are excited about our expanding Midwest presence” said Managing Partner Bryan Carey. “The Columbus office will allow the firm to build upon the success of our 2018 launch of our Chicago office, offering clients operating in the central U.S. greater proximity to our attorneys, resources, and counsel.

Nicholas W. Scala, a partner with the firm, will lead the Columbus office. Mr. Scala joined the Firm in 2016, founding the firm’s MSHA Practice Group, which he chairs. His practice services the mining industry, managing all interaction with, and contest of enforcement by, the Mine Safety and Health Administration (MSHA) for companies operating in the coal, aggregates, industrial minerals, and cement industries. He also CMC Headshot (2017)supports the firm’s national OSHA Practice Group, representing general industry and construction companies in connection with inspections and enforcement actions by the Occupational Safety and Health Administration (OSHA). Mr. Scala works with state mining associations in Ohio and Illinois and represents clients throughout the Midwest and Ohio River Valley regions. He was named a Super Lawyer Rising Star in Washington, D.C. in 2017, 2018, and 2019.

The Columbus market offers a fantastic opportunity for not only our MSHA Practice, but for OSHA and Labor and Employment, as well,” said Scala. “Working with attorneys spanning the firm’s existing offices and groups, we will build upon the firm’s experience and proven client service, bringing additional value to the Midwest. Specific to our firm’s Workplace Safety Practice Group, Columbus is centrally located to several of the most active mining regions in the country, as well as a historically active area for regulatory enforcement over the construction and general industry sectors. It’s a growing and dynamic market that I am eager to grow the firm in.

The Columbus office will expand Conn Maciel Carey’s national Labor and Employment and OSHA practice groups. The Labor and Employment Practice Group, led by founding partner Kara M. Maciel, provides employment defense in both state and federal courts, labor-management relations, as well as day-to-day counseling on a vast array of employment matters. The OSHA Practice Group, led by founding partner Eric J. Conn, represents a wide-range of clients across the country in all aspects of their interaction with OSHA and state OSH programs.

In addition to its Midwest offices, the boutique law firm, which was founded in 2014, has offices in Washington D.C.; Chicago, Illinois; Atlanta, Georgia; Los Angeles, California; and San Francisco, California.

Here is a link to a press release issued by the Firm about these exciting developments.

[Webinar] Guide to Responding to 11(c) Safety Retaliation Complaints and Notices of Alleged Hazards / Employee Safety Complaints

On Tuesday, April 16, 2019, at 1 pm EST, join Kate M. McMahon of Conn Maciel Carey’s national OSHA • Workplace Safety Group and Lindsay A. DiSalvo of Conn Maciel Carey’s national Labor & Employment Practice Group for a complimentary webinar: Guide to Responding to 11(c) Safety Retaliation Complaints and Notices of Alleged Hazards / Employee Safety Complaints.

shutterstock_complaint

When OSHA receives a complaint related to employee safety and health or a severe injury report, OSHA often gives the employer an opportunity to respond before it takes the more extreme action of opening an inspection.  In addition, when OSHA receives an allegation of retaliation, it must provide the employer a chance to explain why the action of which it is accused was legitimate or did not occur as alleged.  These responses are an opportunity for the employer to provide sufficient information to avoid a full-blown OSHA inspection or becoming enmeshed in the litigation of a retaliation claim.  A strong and thorough response could resolve OSHA’s concerns and resolve the retaliation complaint in a favorable manner for the employer.  However, these responses could also create a written record of admissions to which OSHA can hold the employer accountable, and any supporting documentation may be closely scrutinized and potentially used to create liability.  Thus, employers must be strategic about the information they share at this early stage and should ensure there is a procedure in place for managing and developing these responses.

​Participants will learn about the following:​

  • The types of complaints and incidents that lead OSHA to request information from the employer;

  • Specific prohibitions of Section 11(c) (OSHA’s anti-retaliation law) and how retaliation complaints are evaluated;

  • Strategies employers can use to effectively respond to Section 11(c) complaints, Notices of Alleged Hazards, and RRI requests; and

  • Proactive measures employers can take to avoid employee complaints.

This program is valid for 1.00 PDC for the SHRM-CP or SHRM-SCP. 

Click here to register for this webinar.

[Webinar] Withdrawal Liability & Pensions

On Wednesday, March 13, 2019, at 1 pm EST, join Mark M. Trapp of Conn Maciel Carey’s national Labor & Employment Practice Group for a complimentary webinar: Withdrawal Liability & Pensions.

This webinar will address the significant challenges faced by companies participating in multiemployer plans. Specifically, it will help unionized employers understand and analyze what is often the most critical challenge facing their business – multiemployer pension withdrawal liability.shutterstock_pension

Participants will learn about the following:

  • Specific strategies to analyze and potentially minimize withdrawal liability

  • The latest developments in litigating withdrawal liability assessments, including the proper interest rate and the calculation of the credit for a prior partial withdrawal

  • Recently-proposed regulations by the PBGC that could have a huge impact on the amount employers pay for withdrawal liability

This program is valid for 1.00 PDC for the SHRM-CP or SHRM-SCP.

Click here to register for this webinar.

[Webinar] #MeToo Movement Update: Practical Strategies for Training, Investigations, and Discipline

shutterstock_me tooOn Wednesday, February 20, 2019, at 1 pm EST, join Kara M. Maciel and Lindsay A. DiSalvo of Conn Maciel Carey’s national Labor & Employment Practice Group for a complimentary webinar: #MeToo Movement Update: Practical Strategies for Training, Investigations, and Discipline.

In 2017, we saw the proliferation of the #MeToo Movement with a slew of high-profile allegations of sexual harassment and assault and tens of thousands of people, mostly women, voicing their own experiences on social media using the hashtag “MeToo”.  Its momentum continued into 2018, with more people coming forward to make allegations of sexual assault and harassment and the Movement’s purpose becoming an even more prominent and influential topic of discourse.  Its significance and impact has not slowed and its influence and impact is likely to be felt into 2019 and beyond.  So, what does this mean for employers?

In the wake of the #MeToo Movement, the amount of sexual harassment claims filed with the EEOC increased by almost 14% in FY 2018 versus FY 2017.  In addition, the EEOC filed 66 harassment lawsuits against employers in FY 2018, which is more than a 50% increase in EEOC suits challenging sexual harassment compared to FY 2017.  Thus, it is more important than ever for employers to ensure they are effectively preventing and addressing sexual harassment in the work environment through their policies, training, and investigative procedures.

Participants will learn about the following:

  • The legal standards for sexual harassment and their nuances
  • Elements of an anti-harassment policy and complaint procedure
  • Elements of a sexual harassment training program
  • Best Practices for investigating complaints of sexual harassment
  • Recommendations for how to respond to sexually harassing conduct

Click here to register for this webinar.

[Webinar] California Employment Law Update for 2019: New Legal Requirements and Practical Compliance Strategies Every HR Professional and Manager Should Know

On Tuesday, January 22nd, at 1 pm EST, join Andrew J. Sommer and Beeta B. Lashkari of Conn Maciel Carey’s national Labor & Employment Practice Group for a complimentary webinar: California Employment Law Update for 2019: New Legal Requirements and Practical Compliance Strategies Every HR Professional and Manager Should Know.

In the final days of California’s 2018 legislative session, Governor Jerry Brown has signed into law a variety of employment bills, including a flurry of new laws addressing the #MeToo movement and increased efforts to address harassment and discrimination in the workplace.  While many of the new laws impose additional requirements on employers, a few clarify the reach of existing employment laws or carve out exceptions to wage and hour requirements.  This webinar will review compliance obligations for companies doing business in California, as well as discuss the practical impact of these new laws and recent court decisions and best practices for avoiding potential employment-related claims.

​Participants will learn about the following:

  • Expanded anti-harassment training requirements covering both supervisory and nonsupervisory employees

  • Limits on confidentiality of settlement agreements involving certain types of claims for sexual assault, harassment and discrimination

  • Limits on releasing claims of discrimination and harassment as a condition of employment, continued employment or in exchange for a raise or bonus

  • Expansion of privilege protections to cover communications with prospective employers about sexual harassment

  • New training requirements for hotels regarding human trafficking

  • Clarification of the existing prohibition against considering an applicant’s salary history

  • Clarification of existing lawmaking construction contractors liable for their subcontractors’ wage violations

  • New exceptions to meal period requirements for certain motor carriers and rest period requirements for certain employees in the petroleum industry

  • Temporary carve-out from PAGA liability for construction employees covered by collective bargaining agreements

  • New requirements concerning lactation accommodations

  • Significant new court decisions concerning the independent contractor relationship, wage and hour requirements and the enforceability of existing California law prohibiting employers from volunteering personnel information to immigration authorities 

  • Current minimum wage requirements both statewide and on local level

The webinar will also address steps employers can take to achieve compliance including evaluating current personnel practices and updating employee handbooks, employment agreements and training protocol.

Click here to register for this webinar.