In-Person OSHA, MSHA, and Labor Briefing (and Launch Party) in Columbus, OH – October 1, 2019

Join Conn Maciel Carey for an In-Person OSHA, MSHA, and Labor Briefing in Columbus, OH on Tuesday, October 1, 2019, and stay for a cocktail reception to celebrate the launch of our new Columbus, Ohio Office.

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This complimentary program will feature panel discussions with representatives from the National Labor Relations Board, OSHA, and MSHA addressing key policy trends and regulatory developments.  The government representatives will be joined by senior corporate counsel from several multi-national corporations and Conn Maciel Carey’s Labor & Employment and Workplace Safety Law specialist attorneys.  The plenary sessions will cover topics including:

  • OSHA policy and enforcement developments
  • NLRB rulemaking and Board case law updates
  • MSHA regulatory and enforcement priorities
  • Other trending topics (joint-employer, pension withdrawal liability, whistleblower / anti-retaliation claims)

There will also be Continue reading

[Webinar] Joint-/Multi-Employer, Temp, and Independent Contractor OSHA and Employment Law Issues

On Tuesday, August 13, 2019 at 1:00 PM Eastern, Jordan SchwartzEric J. Conn and Lindsay Disalvo of Conn Maciel Carey will present a complimentary webinar regarding “Joint- and Multi-Employer, Independent Contractor, and Temp Labor OSHA and Employment Law Issues.”

Employment relationships can take many forms, and employers’ perceptions of their legal responsibilities for certain workers is not always reality. An employer may classify workers as temporary or independent contractors, but that does not mean DOL will agree. This is particularly challenging due to continuous changes in the law relating to these types of employment relationships.

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One particular area in flux over the past several years has been the joint-employer standard, significantly expanding in the Obama-era NLRB decision in Browning-Ferris, but in the wake of change through an ongoing NLRB rulemaking. Similarly, the boundary between employees and independent contractors has also been a moving target. Although the prior administration took the view that a majority of workers are employees in its guidance to employers, the Trump Admin. has signaled a change in direction.

Even where there is not a legal employer-employee relationship, companies may have certain safety and health obligations and potential liabilities depending on their role at multi-employer worksites or the use of temporary workers. Protecting temporary workers and enforcing the responsibilities of host employers and staffing agencies was a priority of OSHA in the Obama Admin. through a Temporary Worker Initiative that continues today.  OSHA has also continued to defend its multi-employer worksite enforcement policy through legal challenges.

Specifically, participants in this webinar will learn about: Continue reading

[Webinar] Best Practices for Protecting your Company’s Primary Assets: Its Workforce, Trade Secrets and Customer Relationships

On Wednesday, July 17, 2019, at 1 pm EST, join Jordan B. Schwartz and Daniel C. Deacon of Conn Maciel Carey’s national Labor & Employment Practice Group for a complimentary webinar: Best Practices for Protecting your Company’s Primary Assets: Its Workforce, Trade Secrets and Customer Relationships.

The protection of trade secrets and confidential and proprietary information are essential for companies.  As a result, employers must be vigilant against the continued threat of such information being compromised.  Proprietary and confidential shutterstock_confidential.jpginformation is at particular risk during times of significant employee movement.  Proactive companies should address this risk and appropriately protect and preserve data, as well as develop proactive policies for employee separations, such as requiring confidentiality agreements and non-compete and/or non-solicitation agreements. Continue reading

[Webinar] Summer Loving – Managing Relationships in the Workplace, Nepotism and Other Interpersonal Issues

On Wednesday, June 12, 2019, at 1 pm EST, join Andrew J. Sommer and Megan S. Shaked of Conn Maciel Carey’s national Labor & Employment Practice Group for a complimentary webinar: Summer Loving – Managing Relationships in the Workplace, Nepotism and Other Interpersonal Issues.

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Is love in the air?  Even in the age of dating apps, romantic relationships still often blossom at work.  How does an employer navigate these waters while protecting company productivity and morale and managing potential risk associated with such relationships?

Participants will learn about the following:​ Continue reading

5 Conn Maciel Carey Attorneys in Washington, DC Recognized as Super Lawyers

Conn Maciel Carey LLP is excited to share that five of its attorneys based in Washington, DC have been recognized by Super Lawyers in 2019 in the fields of Labor & Employment and Workplace Safety Law.  sl-badge-l-w-2019Super Lawyers is a research-driven and peer-influenced rating service featuring exceptional attorneys out of select legal practice areas.  The attorneys selected are acknowledged for acquiring extraordinary professional achievement and peer recognition in their discrete areas of practice.

Eric J. Conn (Super Lawyer) is a founding partner of Conn Maciel Carey and Chair of the firm’s national OSHA • Workplace Safety Practice Group. His practice focuses exclusively on issues involving occupational safety and health law.  Before launching his own OSHA Practice, Mr. Conn practiced for more than a decade alongside the former first General Counsel of the OSH Review Commission.  Mr. Conn and his OSHA Team at Conn Maciel Carey develop safety and health regulatory strategies for employers across all industries.

Prior to founding Conn Maciel Carey, Mr. Conn was Head of an OSHA practice group that was honored as the “Occupational Health & Safety Law Firm of the Year” by Corporate INTL Magazine in its 2014 Global Awards. In 2013 and 2014, he was named a “Rising Star” by Washington, DC Super Lawyers, and as a Super Lawyer every year since.  He has also been selected for inclusion in the Washington Post’s Top-Rated Lawyers list in Washington, DC.

Kara M. Maciel (Super Lawyer) is a founding partner of Conn Maciel Carey and Chair of the firm’s national Labor • Employment Practice Group. She focuses her practice on representing employers in all aspects of the employment relationship. Continue reading

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.

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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.

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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.