[Webinar] Deep Dive into Unwarrantable Failures

On Wednesday, November 19, 2025, at 1 pm ET, join Nicholas W. Scala and Emily Toler Scott for a webinar about Deep Dive into Unwarrantable Failures.

MSHA has a variety of enforcement options available in cases of non-compliance, with Unwarrantable Failure being one of the more significant but commonly encountered options. Unwarrantable Failures are issued when MSHA determines that an operator has engaged in Aggravated Conduct, leading the agency to adopt a more aggressive stance with both enforcement and the abatement process. This webinar will delve into the concept of Warrantable Failures from both practical and legal viewpoints.

Participants will learn about: Continue reading

Register for Part Two of CMC’s Labor/Employee Relations & Collective Bargaining Masterclass!

Join us for Part Two of our Stay Ready: Labor/Employee Relations and Collective Bargaining Masterclass Series.

You can save 25% off if you register by July 7th. Enter “stayready25” at checkout.


(Part Two)
Stay Ready: Positive Employee Relations
and Union Organizing

This program assists non-union or minimally unionized employers with examining workplace vulnerabilities and risks for union organizing as well as best practices for lawfully responding to organizing efforts.

Participants will learn about: Continue reading

Meet Our Guest Speakers! CMC’s Midwest Workplace Safety and Labor and Employment Law Summit in Detroit, MI

Conn Maciel Carey’s Midwest Workplace Safety (OSHA / MSHA) and Labor and Employment Law Summit in Detroit, MI is an in-person program hosted by the attorneys in CMC’s national OSHA / MSHA Workplace Safety and Labor • Employment Practice Groups based out of our Midwest Region offices (Chicago, Detroit, and Columbus), and joined by their colleagues from Washington, DC and California. This program is designed to update employers on important developments from federal OSHA, MSHA, and the State OSH Plans in the Midwest (i.e., Michigan OSHA, Indiana OSHA, Iowa OSHA, and Minnesota OSHA), as well as important labor and employment law issues.​​

Check out the agenda below for more information about the program. Also, visit the event website for official updates and register today to take advantage of our early bird ticket pricing!

Meet Our Guest Speakers!

Jim Frederick led the Occupational Safety and Health Administration as the Principal Deputy Assistant Secretary from January 2021 to January 2025. Continue reading

Introducing CMC’s Labor/Employee Relations & Collective Bargaining Masterclass!

Introducing Conn Maciel Carey LLP’s
Labor/Employee Relations & Collective Bargaining Masterclass

Join Conn Maciel Carey for an engaging and interactive learning experience on your rights and obligations under private sector labor law. With a focus on the National Labor Relations Act (NLRA), this series will leave you better informed about your rights and responsibilities, empowered to protect your business interests, and equipped with tools to ensure positive employee relations and guard against unnecessary intrusions and disruptions to your operations. One common misunderstanding about the NLRA is that it only applies to employers with union-represented employees. The truth is the NLRA applies to most private sector employers, regardless of size, whether or not their employees are represented by a union.

CMC’s Labor/Employee Relations and Collective-Bargaining Masterclass Series is designed for in-house counsel, senior human resources leaders, and other key organizational leaders responsible for leading employee and/or labor relations or making decisions impacting employees’ terms and conditions of employment directly or indirectly. Join us for this informative, interactive, and empowering learning experience where we will fully explore and demystify complex legal standards under the NLRA, share professional insights, and share tips for everyday practical applications as well as high stakes, complex business transactions.

Click here for more information and to register!


Learning Objectives

At the end of this masterclass series, business participants should: Continue reading

Save the Date! Midwest Workplace Safety (OSHA/MSHA) and Labor and Employment Law Summit in Detroit, MI

Conn Maciel Carey’s Midwest Workplace Safety (OSHA / MSHA) and Labor and Employment Law Summit in Detroit, MI is an in-person program hosted by the attorneys in CMC’s national OSHA / MSHA Workplace Safety  and Labor • Employment Practice Groups based out of our Midwest Region offices (Chicago, Detroit, and Columbus), and joined by their colleagues from Washington, DC and California. This program is designed to update employers on important developments from federal OSHA, MSHA, and the State OSH Plans in the Midwest (i.e., Michigan OSHA, Indiana OSHA, Iowa OSHA, and Minnesota OSHA), as well as important labor and employment law issues.​​

A New Era of Workplace Law and Deregulation:
Key Updates and Compliance Strategies

This comprehensive event will provide essential updates on federal and state OSHA and MSHA enforcement and rulemaking, the latest developments from the National Labor Relations Board (NLRB), and enforcement trends in wage and hour investigations and other employment law topics under the second Trump administration. Our panel of legal and compliance experts from both private industry and the regulatory community will offer valuable insights and practical strategies to help businesses remain compliant and mitigate risks in a shifting regulatory landscape, including: Continue reading

Save the Date! CMC’s Cal/OSHA and California Employment Law Summit

Conn Maciel Carey LLP’s Cal/OSHA and California Employment Law Summit is an in-person program presented by the California-based attorneys in CMC’s national  OSHA  Workplace Safety and Labor • Employment Practice Groups, to update California employers on important developments involving workplace safety and health issues in California.​

Learn How to Navigate California Requirements

California’s Division of Occupational Safety and Health (Cal/OSHA) is the most aggressive and enforcement-heavy approved State OSH Program in the nation, and as a result, California employers face a host of requirements that other employers around the country do not. With a packed rulemaking agenda on the horizon, most employers stand to be impacted by at least one new standard. Additionally, California continues to experience regular changes in the labor and employment law landscape through new legislation and decisions from the California courts and the National Labor Relations Board (NLRB). Continue reading

Announcing Conn Maciel Carey’s 2025 MSHA Webinar Series

Following the closely watched and highly anticipated 2024 presidential election, President Trump will again take office in the White House, assuming control of the Executive Branch. As his second term begins, he and his deputies will oversee the Department of Labor’s Mine Safety and Health Administration (MSHA). After years of active rulemaking and enforcement from MSHA under President Biden, the industry is eager to see what this iteration of the agency will look like over the next four years. While MSHA will have new leadership, priorities, and direction, its core mission will remain unchanged: to regulate the nation’s mining industry and to complete its mandatory inspections for all surface and underground operations.

Although many details remain unclear, MSHA will inevitably continue its inspection and enforcement activities. As such, now is an opportune time to reflect on the key lessons learned from MSHA in recent years and, more importantly, to evaluate what we can expect from the agency over the next four years under President Trump’s leadership. Join us as we explore the latest policies, compliance strategies, and practical tools to help your organization maintain safety and compliance in the dynamic mining industry.
 
Conn Maciel Carey’s complimentary 2025 MSHA Webinar Series, which includes monthly programs (sometimes more often) put on by the MSHA-specialist attorneys in the firm’s national MSHA Practice Group is designed to give employers insight into developments at MSHA during this period of unpredictability and significant change. To register for an individual webinar in the series, click on the link in the program description below, or to register for the entire 2025 series, click here to send us an email request so we can get you registered.  If you missed any of our past programs from the MSHA Webinar Series, here is a link to a library of webinar recordings.  If your organization or association would benefit from an exclusive program presented by our team on any of the subjects in this year’s webinar series or any other important MSHA-related topic, please do not hesitate to contact us.
Continue reading

[Webinar] Retaliation and Whistleblower Complaints with the EEOC, OSHA, and MSHA

On Tuesday, October 1, 2024, at 1 p.m. EST, join the attorneys in Conn Maciel Carey LLP’s Labor • Employment and OSHA/MSHA • Workplace Safety Groups for a webinar about Addressing Employee Complaints: Retaliation and Whistleblower Complaints with the EEOC, OSHA, and MSHA.

Over the past several years, employers have seen a significant uptick in retaliation claims filed by employees and investigated by federal agencies. For example, in 2010, only approx. 30% of all charges filed with the EEOC included a retaliation claim, but that number shot up to over 50% in FY 2022. Similarly, the number of total whistleblower complaints filed with OSHA increased significantly in FY 2023, with the vast majority of those complaints – about 71% – filed under Sec. 11(c) of the OSH Act (retaliation based on protected safety acts). The whistleblower complaints filed under Section 105 of the Mine Safety and Health Act have also been on the rise and MSHA is particularly aggressive in its approach to the investigation of these claims, often seeking temporary reinstatement of the complainant for the duration of the investigation, and litigation, if the complainant was terminated.

When a retaliation or whistleblower complaint is received, employers have a chance to explain why the complaint should be dismissed. However, each Agency handles the investigation and analysis of the evidence differently – using varying processes and burdens of proof to determine whether and how the retaliation complaint should proceed. The strategy and response provided by the employer will depend on the type of complaint and the agency investigating it, but it is generally an opportunity for the employer to provide the information necessary for the agency to conclude its investigation and ultimately close the case file. The responses can, however, create a written record of admissions that the agency could use against the employer.

Participants in this webinar will learn: Continue reading

CMC’s Cal/OSHA and California Employment Law Summit

Conn Maciel Carey LLP’s Cal/OSHA and California Employment Law Summit is an in-person program presented by the California-based attorneys in CMC’s national OSHA • Workplace Safety and Labor • Employment Practice Groups, to provide updates about the workplace safety and health regulatory landscape in California, as well as important developments in employment and labor law affecting California employers.

Learn How to Navigate California Requirements

California’s Division of Occupational Safety and Health (Cal/OSHA) is the most aggressive and enforcement-heavy approved State OSH Program in the nation, and with a packed rulemaking agenda on the horizon, most employers stand to be impacted by at least one new standard.

In addition, California continues to experience regular changes in the labor and employment law landscape through new legislation and decisions from the California courts and the National Labor Relations Board. California employers always have something new to learn as the legislative session closes at the end of September and we become certain of what new laws will take effect in 2025.

Our Cal/OSHA and California Employment Law Summit will include networking opportunities, open forums to collaborate with the Conn Maciel Carey team and your fellow attendees, and panelist sessions to cover: Continue reading

[Webinar] Tips and Strategies for Safety-Related Incident Investigation and Audit Reports

On Thursday, October 5, 2023, at 1 p.m. EST, join Eric J. Conn, Nicholas W. Scala, and Daniel C. Deacon for a webinar regarding Tips and Strategies for Safety-Related Incident Investigation and Audit Reports.

Safety and health audits and accident or near-miss investigations are invaluable tools to identify hazards at a workplace and improve safety, but what happens when a government regulator or plaintiffs’ attorney demands copies of the reports and/or recommendations from the audit or investigation? When not done carefully or under attorney-client privilege, audit and investigation reports can serve as admissions and/or a roadmap for OSHA and MSHA investigators or plaintiffs’ attorneys regarding areas of non-compliance. This in turn can create a disincentive for employers to audit their facilities at all or conduct thorough investigations.

This webinar will explore Continue reading