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Conn Maciel Carey LLP Conn Maciel Carey LLP is a boutique law firm focused on Labor & Employment, Workplace Safety (OSHA & MSHA), and Litigation. Attorney Advertising

Conn Maciel Carey PLLC is a boutique law firm focused on Labor & Employment, OSHA, MSHA and Litigation. The clients we serve — from multi-national organizations to start-ups to individuals — seek us out for strategic guidance ranging from day-to-day employment counseling to managing government regulatory investigations to leading complex litigation. What sets us apart is our special emphasis on workplace challenges, our creativity in crafting positive solutions, and our passion for serving our clients' interests. With a lean approach to staffing and use of cloud-based technology, we are able to leverage efficiencies and deliver cost-savings. Based in Washington, DC, we partner with clients nationwide and across a broad spectrum of industries. For more information, please visit www.connmaciel.com.

Congratulations to our Founding Partner and Labor and Employment Practice Chair, Kara Maciel🎉 Kara’s leadership has shap...
10/29/2026

Congratulations to our Founding Partner and Labor and Employment Practice Chair, Kara Maciel🎉

Kara’s leadership has shaped Conn Maciel Carey from the start. She helped grow a small boutique firm into a national firm. Her vision of a practice that works with employers before problems arise, through compliance counseling, training, investigations, and litigation preparedness, still guides how we serve our clients today. Beyond the firm’s growth, Kara has built a place where talented people want to work and grow. Many of us are better lawyers because of her mentorship and her example. We’re proud to work alongside you, Kara. This recognition is well deserved!

Click here for more information: https://www.connmaciel.com/employer-defense-report/kara-m-maciel-receives-founded-by-women-award-for-legal-leadership/

Internal investigations and audits can protect your organization or create new legal exposure if they're handled wrong. ...
10/29/2026

Internal investigations and audits can protect your organization or create new legal exposure if they're handled wrong. Join Nicholas W. Scala, Daniel C. Deacon and Kimberly Cole on Thursday, November 5 at 1:00 PM ET for a webinar title: "Internal Investigations and Audits: Preserving Privilege and Managing Risk."

This webinar will cover:
✅ Establishing and preserving attorney-client privilege and work product protection
✅ Conducting effective witness interviews, including when translation is needed
✅ Coordinating across safety, HR and leadership without undermining legal protections
✅ Preparing accurate, strategically aligned investigation and audit reports
✅ Common missteps that expose employers to regulatory, litigation or reputational risk

🔗 Click here for more details and registration: https://www.connmaciel.com/event/internal-investigations-and-audits-preserving-privilege-and-managing-risk/

We’re proud to announce that Rachel Conn, Partner and Chair of our California Practice, has been appointed to the Califo...
10/28/2026

We’re proud to announce that Rachel Conn, Partner and Chair of our California Practice, has been appointed to the California Lawyers Association’s Labor and Employment Section Executive Committee.

CLA is a nonprofit, voluntary bar association serving more than 45,000 attorneys across California. Rachel is one of the only committee members with experience in California occupational safety and health. She plans to use that background to help California practitioners understand workplace safety issues in the state.

Congratulations, Rachel!

Read the full announcement here: https://www.connmaciel.com/calosha-defense-report/rachel-conn-appointed-to-the-california-lawyers-associations-labor-and-employment-section-executive-committee/

No federal heat standard? OSHA is still enforcing through the General Duty Clause and its revised NEP. Add a growing sta...
10/27/2026

No federal heat standard? OSHA is still enforcing through the General Duty Clause and its revised NEP. Add a growing state patchwork and a Supplemental NPRM expected in December, and employers have a lot to track.

Drawing on their work with the Employers Heat Illness Prevention Coalition, Eric Conn and Beeta Lashkari share what they’ve seen and what we recommend.

Read the full article on our OSHA Defense Report Blog: https://www.connmaciel.com/osha-defense-report/enforcement-of-heat-illness-hazards-without-a-federal-standard-what-employers-need-to-know-now/

D.C. cut Paid Family Leave benefits as of Oct. 1: Family Leave is down to 6 weeks, Medical Leave to 10, and the max week...
10/22/2026

D.C. cut Paid Family Leave benefits as of Oct. 1: Family Leave is down to 6 weeks, Medical Leave to 10, and the max weekly benefit to $1,100. Employer contributions haven’t changed, but your notices and handbooks may need updating.

Our latest Employer Defense Report blog, written by Jordan Schwartz, covers what changed, what didn't, and what to do next. https://www.connmaciel.com/employer-defense-report/d-c-cuts-certain-paid-family-leave-benefits-effective-october-1-2026-what-employers-need-to-know/

Winning on the merits doesn’t always mean winning on fees.In Allied Painting & Decorating v. IUPAT Industry Pension Fund...
10/20/2026

Winning on the merits doesn’t always mean winning on fees.

In Allied Painting & Decorating v. IUPAT Industry Pension Fund (D.N.J. Oct. 5, 2026), the employer beat a $427,195 withdrawal liability assessment that the fund had issued roughly 12 years late, and the Third Circuit affirmed. Even so, the court denied Allied’s request for about $420,000 in fees and costs.

The reason is Dorn, a 40-year-old Third Circuit decision. Under Dorn, a prevailing employer can recover fees only if the fund’s position was “frivolous, unreasonable, or without foundation.” The statute itself has no such limit; it simply says fees may go to “the prevailing party.”

Mark Trapp explains why Dorn’s policy-driven standard puts a thumb on the scale against employers, and why it’s due for a second look. Read more on CMC's Employer Defense Report Blog: https://www.connmaciel.com/employer-defense-report/a-pyrrhic-victory-prevailing-employer-fee-awards-in-withdrawal-liability-cases/

OSHA is testing the outer limits of its enforcement authority — and courts and the Review Commission are starting to dra...
10/20/2026

OSHA is testing the outer limits of its enforcement authority — and courts and the Review Commission are starting to draw lines.

Join Eric J. Conn, Rachel L. Conn, Aaron R. Gelb, and Mark Ishu on Thursday, October 27th at 12pm ET/9am PT for a webinar on what the past year's most significant OSHA and Cal/OSHA cases reveal about where enforcement is headed.

This webinar will cover:
🔹 The expanded use (and limits) of instance-by-instance penalties
🔹 Why Willful and Repeat classifications keep hitting national employers
🔹 When OSHA's enterprise-wide theories gain traction — and when they're rejected
🔹 How Cal/OSHA creates corporate-wide "crossover" risk for multi-state employers
🔹 Strategies to contain exposure and preserve defenses

🔗 Click here for more details and registration: https://www.connmaciel.com/event/osha-enforcement-in-2026-what-significant-cases-reveal-about-instance-by-instance-penalties-enterprise-wide-exposure-and-multi-jurisdiction-risk/

Join Jordan B. Schwartz, Lindsay A. DiSalvo, and Mark Ishu on Tuesday, October 20th at 1pm ET/10am PT for a webinar titl...
10/13/2026

Join Jordan B. Schwartz, Lindsay A. DiSalvo, and Mark Ishu on Tuesday, October 20th at 1pm ET/10am PT for a webinar titled, Whistleblower & Retaliation Law in 2026: Where Employers Are Getting Tripped Up.

Retaliation and whistleblower claims are still rising, and OSHA’s interpretations of protected activity and causation keep getting broader. That puts routine decisions made after a complaint at the center of more investigations.

Participants in this webinar will learn about:
• 2026 enforcement trends in OSHA whistleblower cases
• How OSHA weighs protected activity, adverse action, causation, and timing
• Common employer missteps after safety, environmental, or operational complaints
• Best practices for discipline, performance management, and documentation
• Practical steps to reduce risk and strengthen your defenses

Designed for safety professionals, HR leaders, in-house counsel, and compliance teams. Approved for 1 SHRM PDC and 1 HRCI general recertification credit.

🔗 Register: https://www.connmaciel.com/event/whistleblower-retaliation-law-in-2026-where-employers-are-getting-tripped-up/

We’re excited to share that Eric J. Conn, Chair of Conn Maciel Carey LLP’s national OSHA Practice, will be speaking at S...
10/09/2026

We’re excited to share that Eric J. Conn, Chair of Conn Maciel Carey LLP’s national OSHA Practice, will be speaking at Safety Connect on Tuesday, October 20, 2026!

Nearly two years into the second Trump Administration, the picture is clear on what OSHA will prioritize. In his session, “OSHA Enforcement and Regulatory Update,” Eric will review the current enforcement and rulemaking landscape and look ahead to what employers can expect from OSHA, including:
✅ Key decisionmakers at the Department of Labor and OSHA
✅ OSHA’s latest enforcement policies and trends
✅ The status and future of OSHA rulemakings, including deregulatory efforts

Click here for more information and to register: https://register.safetyconnect365.com/

As of August 30, FMSHRC has lost its quorum. With Commissioners Jordan's and Baker's terms expired, Chair Rajkovich is t...
10/05/2026

As of August 30, FMSHRC has lost its quorum. With Commissioners Jordan's and Baker's terms expired, Chair Rajkovich is the only sitting Commissioner, and the Commission can't take substantive action until at least two more are nominated and confirmed. No nominations have been announced yet.

What this means for mine operators:
🔹 Petitions for Discretionary Review can't be acted on. Appeals can still go directly to a U.S. Court of Appeals, but the process is more complicated.
🔹 Motions to reopen filed after August 21 are on hold. If MSHA opposes, penalties may stay delinquent, go to collections, and accrue interest while you wait.
🔹 MSHA enforcement hasn't stopped. Inspections, citations, and ALJ proceedings continue, and contest deadlines still apply.

Nicholas Scala and Emily Toler Scott explain what operators should do now to protect their rights in the latest article post on CMC’s MSHA Defense Report blog: https://www.connmaciel.com/msha-defense-report/fmshrc-loses-its-quorum-what-it-means-for-mine-operators/

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Wednesday 9am - 5pm
Thursday 9am - 5pm
Friday 9am - 5pm

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