Conn Maciel Carey LLP is pleased to announce the addition of two talented new attorneys — Samuel S. Rose (Los Angeles), and Darius Rohani-Shukla (Washington, DC).
Associate Sam Rose supports both the firm’s MSHA/OSHA • Workplace Safety Practices and the Labor and Employment Practice. He represents employers in a broad range of employment issues and Cal/OSHA compliance and enforcement matters, and he revises employee handbooks and workplace policies and procedures.
“I’m excited to grow as attorney and develop true expertise in employment and OSHA law,” Mr. Rose says. “The partners are all so knowledgeable and willing to mentor and train associates.”
Sam’s legal career began at the Kings County District Attorney’s Office (Brooklyn, NY), where he Continue reading
Join Kara Maciel and Jordan Schwartz on Tuesday, June 7th at 2 PM ET for a very special bonus event in Conn Maciel Carey’s 2022 Labor and Employment Webinar Series in the form of a panel webinar program regarding The Impact of Artificial Intelligence on the Workforce in 2022 and Beyond.
Conn Maciel Carey LLP with Special Guest
EEOC Commissioner Keith Sonderling
On May 12, 2022, the EEOC issued a Technical Assistance (“TA”) document entitled, “The Americans with Disabilities Act (“ADA”) and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees” focused on providing “clarity to the public regarding existing requirements” under the ADA and agency policy. This is the first guidance document the EEOC has issued regarding the use of Artificial Intelligence (“AI”) in employment decision-making since announcing its Al Initiative in October 2021.
It’s no secret that more employers have turned to AI to enhance their work processes over the years. An estimated 83% of employers have Continue reading
Conn Maciel Carey LLP (CMC) is honored to announce that the firm has been recognized as one of only three national law firms ranked in Band 1 Nationwide for Occupational Safety and Health (OSHA) Law. CMC is the only “boutique” firm among all of the law firms recognized.
The recognition comes from Chambers and Partners, an independent research company that delivers detailed rankings and insight into the world’s leading lawyers. This is the first year that Chambers has ranked the OSHA Law practice area.
Chambers’ researchers identified CMC as a “leading national boutique handling the full spectrum of labor and employment litigation with particular emphasis on workplace safety issues. The group…maintains a strong track record in complex OSHA inspections and enforcement matters.”
Among the client comments collected by Chambers about the firm, one stated that CMC’s OSHA Team “offers impressive expertise in federal- and state-level workplace safety laws, and has been especially active in recent months guiding clients through COVID-19 compliance…The firm is the real deal; it is a top OSHA firm.”
Aaron R. Gelb is a partner and head of Conn Maciel Carey LLP’s Chicago office where he leads the firm’s Midwest OSHA workplace safety practice. He has more than 25 years’ experience advising and representing clients in relation to inspections, investigations, and enforcement actions involving federal OSHA and state OSH programs and managing the full range of litigation against OSHA. In support of the firm’s Labor and Employment practice, Aaron defends employers in equal employment opportunity matters in federal and state courts, having tried multiple cases to verdict and obtained the dismissal of more than 300 discrimination charges before the EEOC and fair employment agencies nationwide.
Aaron is frequently asked to speak at conferences, seminars, and industry-specific forums, covering numerous workplace safety and employment topics for events and organizations nationwide including the American Bar Association, the Chemical Industry Council of Illinois, the American Trucking Associations, and the Chicagoland Safety Conference to name a few. Aaron currently leads the Illinois Manufacturers Association’s workplace safety and health education series which includes quarterly webinars and 4 programs during each week of June, which is safety month. Aaron also helps curate the firm’s annual webinar series – the OSHA Webinar Series and the Labor and Employment Webinar Series and is a frequent contributor to CMC’s blogs – the OSHA Defense Report and the Employer Defense Report.
In addition to his legal practice, Aaron works closely with CMC’s founding partners to help them realize their vision for the firm’s future, acts as a mentor to new partners and associates, actively recruits lateral partner and associate candidates, and helps craft the firm’s strategic marketing plan, including the firm’s social media efforts. Passionate about ensuring equal access to justice for all, Aaron is an active member of the Chicago Lawyers Committee for Civil Rights Under Law and is a frequent participant in the Northern District of Illinois’ Settlement Assistance Program in which he presents pro se litigants in court-led settlement conferences. At the height of the pandemic, Aaron served as a panelist during a program focused on compliance and legal concerns facing Black-owned small businesses struggling to survive in the face of COVID-19.
Get to Know Aaron!
Conn Maciel Carey LLP, a boutique law firm with national practices in labor and employment, workplace safety (OSHA and MSHA), and litigation, welcomes Mikel Smith Koon in the new position of Chief Operating Officer.
Ms. Koon brings over 20 years of experience in business management, working with both large corporations and small businesses. For 15 of those years, she ran her own consulting firm, using her expertise in project and people management to service her clients. As Conn Maciel Carey’s COO, she manages essential business processes, ensuring the efficiency of the firm’s business functions. More importantly, she fills a new role made necessary by the firm’s significant growth.
“Being a relatively young firm,” says Eric Conn, Chair of the firm’s OSHA Practice, “we’ve graduated from a startup to an established, national firm. We’ve tripled in size. So, we need someone with the talent, experience and savvy to manage the firm’s growingly complex operations.”
As part of the leadership team, she works directly with the Managing Partners to develop and implement the firm’s strategic plan to elevate CMC to the next level. Continue reading
Black History Month is a time to recognize the contributions of Black Americans throughout U.S. history. As the month comes to a close, Conn Maciel Carey Partner, Aaron Gelb, reflects on African American mentors and peers who have impacted his life both personally and professionally.
I’ve been fortunate during my life and career to have been influenced and shaped by several African American mentors, friends, and colleagues. Starting at the beginning, my godfather, Sidney Bertrand, had a big influence on me as I remember spending time with him and his wife, Zelda, at their apartment on 125th Street in Harlem as a young kid, having sleepovers, etc. Although Sidney succumbed to cancer at a relatively young age, his efforts in the face of adversity taught me a lot.
When I was in college at the University of Chicago, I worked as a teaching assistant to Continue reading
Conn Maciel Carey LLP, a boutique law firm with national practices in labor and employment, workplace safety (OSHA and MSHA), and litigation, is pleased to announce that Lindsay DiSalvo has been promoted to Partner in the firm’s Washington, DC office.
Ms. DiSalvo defends employers in OSHA inspections, investigations, and litigation. She also represents and advises employers in all phases of the employer-employee relationship. Ms. DiSalvo was the firm’s very first Associate, joining the firm the day it was founded in 2014.
“She has been a backbone of the firm since we launched,” says Eric Conn, a co-founding partner and Chair of the firm’s national OSHA Practice. “I am excited to finally call her my Partner. She has grown into one of the finest OSHA lawyers in the country.”
“I have been working toward this my entire career,” Ms. DiSalvo says. “It is particularly exciting to be chosen by people I have been working with since the beginning. I feel like I helped build this firm, and now I am a Partner. I feel honored.”
Mr. Conn adds, “As a specialty boutique firm, what sets us apart is the mastery of the nuance of the practices for which we are known – workplace safety and employment law. Ms. DiSalvo adds Continue reading
By Conn Maciel Carey LLP’s COVID-19 Task Force
After its normal release of opinions this morning that did not include a decision about whether to stay OSHA’s vaccinate-or-test ETS, this afternoon, at approximately 2:30 PM, the United States Supreme Court issued a per curiam decision reinstituting a stay of OSHA’s ETS. Here is a link to the opinion of the Court.
A per curiam decisions is a court opinion issued in the name of the Court rather than specific judges, but it is certainly not an indication that the decision was unanimous or non-controversial, and in this instance, we know it was not that. There was also a concurrence by Justice Gorsuch (joined by Justices Thomas and Alito), and a joint dissent by Justices Breyer, Sotomayor, and Kagan.
At first blush, it appears that the majority of the Court is saying that without a more explicit delegation of authority from Congress, OSHA can only regulate hazards that are fairly unique to the workplace, which could have broader implications for OSHA’s regulatory reach than just this COVID-19 ETS (see Heat Illness):
“Although COVID–19 is a risk that occurs in many workplaces, it is not an occupational hazard in most. COVID–19 can and does spread at home, in schools, during sporting events, and everywhere else that people gather. That kind of universal risk is no different from the day-to-day dangers that all face from crime, air pollution, or any number of communicable diseases. Permitting OSHA to regulate the hazards of daily life—simply because most Americans have jobs and face those same risks while on the clock—would significantly expand OSHA’s regulatory authority without clear congressional authorization.”
Under this theory, the majority opinion indicates Continue reading
By Conn Maciel Carey LLP’s COVID-19 Task Force
As we shared over the weekend, at 6:50 PM on Friday night (December 17th), a three-judge panel at the US Court of Appeals for the Sixth Circuit dissolved the nationwide stay of OSHA’s Vaccinate-or-Test ETS that had been issued in early November by the Fifth Circuit. That same night, several of the petitioners in the legal challenges to the ETS appealed the Sixth Circuit’s decision to the Supreme Court.
As we have been discussing for a while, the decision about the Stay of the ETS (and ultimately the legality of the ETS) was destined for the Supreme Court, and the Court, at least on the issue of the TRO/Stay, could choose to address the question either by:
- the so-called “shadow docket,” with no briefing and a decision perhaps issued by a single Justice; or
- more conventional proceedings, with briefing and oral argument, and likely a decision by all nine Justices.
Each of the nine Justices on the US Supreme Court is assigned to oversee one or more of the regional US courts of appeals. Justice Kavanaugh is the justice assigned to the Sixth Circuit, to oversee requests for emergency review or shadow docket consideration from cases before the Sixth Circuit. Justice Kavanaugh is part of what is becoming something of a triad of swing voters on the Court, along with justice Coney Barrett and Chief justice Roberts.
On Monday, Justice Kavanaugh issued an Order to the Department of Labor to submit briefing in response to the emergency petitions with a deadline of 4 PM on Thursday, December 30th. The Order does not provide for any additional briefing by petitioners or friends of the court. Then, just a few hours ago, the Court issued another Order setting the case for oral argument a week later, on January 7, 2022.
We now have a clearer picture of Continue reading
By Conn Maciel Carey’s COVID-19 Task Force
We apologize for interrupting what we hoped be a quiet, pre-holiday weekend for everyone, but we have very important and time sensitive news to share about the status of OSHA’s Vaccination, Testing, and Face Coverings Emergency Temporary Standard (ETS). It was a very busy Friday night for everyone in the OSHA world. In a remarkable turn of events, at 6:50 PM yesterday evening (December 17th), the US Court of Appeals for the Sixth Circuit dissolved the nationwide stay of OSHA’s Vaccination ETS that had been issued by the Fifth Circuit in November.
The Department of Labor and OSHA then immediately issued a statement that OSHA was moving forward with implementation and enforcement of the ETS, but also provided some enforcement relief for companies able to demonstrate good faith efforts to comply. Then, within an hour of the Sixth Circuit decision being released, numerous parties filed an emergency application and motion with the US Supreme Court requesting the Supreme Court reissue a stay of the ETS. And then, finally, shortly after midnight (approximately 1 AM last night), South Carolina along with 26 other State Attorneys General and a host of private entities also filed an emergency application for a stay. What a night.
We briefly summarize the Sixth Circuit’s decision below and explain the lay of the land as it stands at this moment, what might occur next and, most importantly, what this means for employers across the nation. Bottom line is that events are moving fast, but as we said a few weeks ago, do not put a fork in the ETS, and continue to prepare to come into compliance with it. It is alive and well, at least until we hear from the Supreme Court.
Sixth Circuit Decision
In a 2-1 opinion written by Obama-appointee Judge Jane Stranch and, notably, joined by Bush appointee Judge Julia Gibbons, the Sixth Circuit rescinded the nationwide stay of OSHA’s ETS that had been issued by the Fifth Circuit first an administrative stay on November 6th and then as a TRO on November 12th. The three-judge panel that heard the case consisted of one Obama appointee, one Bush (W.) appointee, and one Trump appointee. Judge Gibbons (the Bush appointee) joined Judge Stranch, but she also wrote a separate concurring opinion. Trump-appointee Judge Joan Larsen, who had purportedly been on a Trump’s short-list of potential nominees to the Supreme Court, dissented.
In a nutshell, Continue reading