Reading the Tea Leaves: What are the Wage and Hour Division’s Priorities in Year Two of Trump 2.0

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By Scott Hecker

With a little more than a year of the Second Trump Administration in the books, we are getting a better idea of the President’s priorities, including at the U.S. DOL’s Wage and Hour Division (“WHD”).  Rulemaking plans described by the current Spring 2025 Unified Agenda are limited, but there are other avenues to deduce WHD’s points of emphasis, for example, through press releases and opinion letters.  This blog entry focuses on the latter, including a recent batch representing the first letters signed by WHD Administrator Andrew Rogers, who was confirmed by the Senate on October 7, 2025, during the government shutdown.

WHD Opinion Letters

Opinions issued by DOL cover numerous statutes, but we will address some recent activity concerning the Fair Labor Standards Act (“FLSA”).  According to the Department, opinion letters represent “an official ruling or interpretation of the Wage and Hour Division,” and “[s]uch rulings provide a potential good faith reliance defense for actions that may otherwise constitute violations of the FLSA . . . .” Continue reading →

Former Regional OSHA Counsel for DOL’s Atlanta Region Rachel L. Graeber Joins Conn Maciel Carey as Chair of the Firm’s Southeast Practice

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ATLANTA, GA (January 21, 2026) – Conn Maciel Carey LLP (“CMC”), a national boutique OSHA/MSHA • Workplace Safety and Employment/Labor law firm, is pleased to announce that Rachel L. Graeber has joined the firm as a Partner and Chair of its Southeast Practice. Rachel, an accomplished and seasoned federal litigator with more than 15 years of experience, most recently served as the Regional OSHA Counsel with the Department of Labor (DOL), Office of the Solicitor for the Atlanta Region (formerly Region IV).

Eric J. Conn, a Co-founding Partner of Conn Maciel Carey and Chair of the firm’s national OSHA • Workplace Safety Practice, said, “Practicing law is rewarding when it’s with and against truly talented attorneys, and in that regard, Rachel was the quintessential respected adversary. When we had cases against each other, she proved to be a most effective advocate, strategic litigator, and creative negotiator. She was at the helm of high-profile litigation successes in complex and high-stakes matters for OSHA and MSHA. No one better to lead CMC’s support for our clients operating throughout the Southeast region.” Continue reading →

CMC Expands its Workplace Safety Practice Group with the Addition of Environmental Regulatory Veteran Chris Vamos to its DC Office

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Conn Maciel Carey LLP (“CMC”), a national boutique OSHA/MSHA • Workplace Safety and Employment/Labor law firm, is pleased to announce that John Christopher (Chris) Vamos has joined the firm as Of Counsel in its Washington, DC, office. Chris has three decades of experience as an attorney and engineer providing comprehensive environmental, hazardous chemical management, and hazmat transportation support to industrial and manufacturing clients in the iron and steel, electric utility, metallic mineral mining, and high technology sectors.

Eric J. Conn, founding partner of Conn Maciel Carey and chair of the firm’s national OSHA & Workplace Safety Practice Group, said, “Environmental regulatory risk is always lurking nearby the workplace safety and health challenges with which we support our clients, so bringing on Chris provides the perfect complement to our team. And Chris’ engineering background gives him a unique legal and technical eye when it comes to understanding complex industrial and manufacturing processes. He is always three steps ahead anticipating legal risks and developing solutions that address the operational needs of his clients. He will be a great addition to our team.”

Continue reading →

Announcing Conn Maciel Carey LLP’s 2026 Labor & Employment Webinar Series

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The legal landscape facing employers remains complex. Navigating the evolving patchwork of federal, state, and local workplace laws can feel like a full-time responsibility for employers, human resources professionals, in-house counsel, and business leaders alike. As the second term of President Trump’s Administration progresses, employers should continue to monitor developments at key federal agencies, including the NLRB, the U.S. Department of Labor, and the EEOC, as well as emerging trends in the federal courts. At the same time, state and local legislatures across the country remain active, introducing new employment-related laws and regulations that can significantly impact day-to-day operations. Staying informed and proactive is more critical than ever for employers seeking to manage risk and maintain compliance. ​

Conn Maciel Carey’s complimentary 2026 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. Continue reading →

From Big Law to Boutique: CMC Co-Founder Kara M. Maciel Shares Her Firm-Building Journey with founded by women

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In a candid interview with founded by women—a publication dedicated to spotlighting women founders, leaders, and entrepreneurs across industries—Kara M. Maciel, Co-Founding Partner and Chair of the Labor & Employment Practice Group at Conn Maciel Carey LLP, reflects on her decision to leave Big Law and build a national boutique firm.

Drawing on her experience as a former Am Law 200 practice chair, Kara shares what motivated her to create a firm focused on delivering practical, business-minded guidance to employers navigating increasingly complex workplace regulations. She also offers firsthand insight into what it takes to build a law firm from the ground up, sharing lessons learned, particularly for women considering launching their own law practices. Continue reading →

[Webinar] Insights into Wage and Hour Investigations

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On Thursday, January 22, 2026, at 1 pm ET, join Lindsay A. DiSalvo and Scott Hecker for a webinar to discuss Insights into Wage and Hour Investigations.

With over a year of President Trump’s second term under our belts, the current administration’s priorities have begun to take shape. While we expect enforcement activity to decrease during President Trump’s second term, wage and hour investigations are still happening, so employers must be ready to demonstrate compliance when the Wage and Hour Division (“WHD”) shows up at their doors. In addition to identifying WHD’s current points of emphasis and primary areas of concern, this webinar will take you through the stages of an investigation and some tips for handling various aspects of the investigation process.

Participants in this webinar will learn: Continue reading →

Letitia Silas Shares Insights on the Legal and Practical Implications of Inviting Employees to Bring Their “Whole Self” to Work

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What are the legal and business risks and rewards of encouraging employees to bring their “whole self” to work? In the lead article for this year’s Employee Relations Law Journal by Wolters Kluwer, CMC Partner Letitia Silas examines the legal and practical implications of this approach to workplace relations.  Drawing on her extensive experience as a trusted legal advisor to employers and employee/labor relations executive leader, Letitia explores how open-ended invitations to self-expression could impact leadership strategies and workplace relational dynamics as well as create unproductive distractions and legal risks.

Read the full article here: Employee Relations Law Journal.

Please contact Letitia directly at lsilas@connmaciel.com for your organization’s labor and employee relations advice, counsel, training, and legal defense needs.

NLRB Back in Business: New Confirmations Restore Decision-Making Authority

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By Letitia Silas and Ashley D. Mitchell

After nearly a year of interim leadership and inactivity at the top adjudicative level at the National Labor Relations Board (NLRB), the Agency is back on track.  Recently, the Senate confirmed the President’s nominees, Scott Mayer and James Murphy, to fill two empty Board seats as well as Crystal Carey to lead the Agency as its new General Counsel.

The Board is composed of five members appointed by the President with Senate confirmation.  Since January of this year, the Board lacked a quorum and was unable to issue decisions enforcing the National Labor Relations Act.  Prior to January, the Board had three members, led by a union-friendly majority including veteran union lawyers Gwynne Wilcox and David Prouty. However, the President’s removal of Wilcox soon after taking office left only two members: former Chairman Marvin Kaplan and member Prouty, which rendered the Board unable to fulfill its primary function of setting federal labor law and policy through adjudicative decision-making.  Kaplan’s term ended on August 27, 2025, which then left the Board with only one sitting member until last week.

The confirmation of Mayer and Murphy returns the necessary quorum for issuing Board decisions.

What We Know About the New Board Members   Continue reading →

Happy Holidays from Everyone at Conn Maciel Carey!

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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 and Employer Practice Group at Conn Maciel Carey can do to help your organization with labor and employment law issues.

Honoring a Career That Defined Cal/OSHA Defense: Fred Walter, CMC Of Counsel, Retires After 45 Years

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After more than four decades shaping and defending California workplace safety law, legendary Cal/OSHA attorney Fred Walter is retiring and closing a chapter on a career that helped define an entire practice area.

In a recent Cal-OSHA Reporter feature, Fred reflects on his path into Cal/OSHA defense, which began in the late 1970s in personal injury litigation before a pivotal meeting with Robert “Bob” Peterson, widely regarded as the godfather of the Cal/OSHA defense bar. As the first Chief Counsel for the Cal/OSHA Appeals Board, Peterson pioneered what was then an emerging specialty. Fred followed soon after, becoming only the second attorney to focus full-time on Cal/OSHA defense – a role he would hold for the next 45 years.

The article traces Fred’s firsthand experience with Cal/OSHA’s evolution, Continue reading →