Conn Maciel Carey LLP is a boutique law firm focused on Labor & Employment, Workplace Safety, and Litigation. The clients we serve — from multi-national organizations 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.

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Tues., July 12, 2022 at 1 PM EST / 10 AM PST

OSHA and Climate Change (Heat Illness and Super Storms)

OSHA has embarked on one of the broadest, most significant rulemakings it has undertaken in over a decade. The agency is developing a comprehensive occupational standard to regulate heat illness associated with exposure to heat on the job – in indoor as well as outdoor settings. A heat standard will impact scores of employers in every region of the country and may include requirements to provide conditioned air or increased building ventilation, shade tents, regular work-rest cycles built into employees’ work schedules and biological monitoring to ensure employees are not dehydrated or showing signs of heat stress.

The standard has become a priority of the Biden Administration as part of their interagency effort to address climate change and the impact it is having on US worker populations. A number of recent studies show that workers are often the first to be exposed to the effects of climate change and may be affected for longer durations and at greater intensities. NIOSH cites a 2014 study indicating that workers are “the canaries in the coal mine of climate change impacts.”

Join us for our webinar discussing OSHA’s heat illness rulemaking – its status, scope and what it may require – as well as the other significant steps OSHA is taking to address heat illness, including the emergent National Emphasis Program (NEP) on heat illness, and to delve into the impacts of climate change on US workers.

Click here to register for this webinar.

Wed., July 20, 2022 at 1 PM EST / 10 AM PST

Appearance Discrimination Issues / CROWN Act and Unconscious Bias

Appearance-based discrimination occurs when someone is treated differently based on how they look. Although there is no federal law that prohibits “appearance discrimination” in employment, claims involving such issues are typically brought in the context of prohibited race, sex, or disability discrimination allegations. While there was a case several years ago that garnered a good deal of media attention involving a female bank employee who claimed she was told she was “too sexy” for her position, it is more common to encounter claims by women (and men) that they were treated less favorably than a coworker whom the boss found attractive. Obese workers have alleged that they were perceived as disabled because of their weight and employees who wear certain garments and/or jewelry as part of their religion have also filed claims of discrimination. Meanwhile, hairstyles and types are now on the cutting edge of fair employment law compliance.

For years, savvy employers recognized that there may be a need to accommodate certain religious beliefs pertaining to hairstyles, but a growing number of jurisdictions have passed or are considering laws that prohibit race-based hair discrimination such as the CROWN Act (“Creating a Respectful and Open World for Natural Hair”) which is focused on ending the denial of employment and educational opportunities because of hair texture or protective hairstyles including braids, locs, twists or bantu knots.

Participants in this webinar will learn:

  • How the EEOC and other fair employment agencies evaluate appearance discrimination claims

  • What proactive employers can and should do to avoid such claims

  • Which states and local jurisdiction have passed or will likely soon pass CROWN Act laws

  • How employers can create policies and procedures that address appearance discrimination

  • Best practices for avoiding appearance discrimination claims

This event is valid for 1 PDCs for the SHRM-CPSM or SHRM-SCPSM.

Click here to register for this webinar.

Wed., August 10, 2022 at 1 PM EST / 10 AM PST

A Deep Dive Into Periodic Lockout / Tagout Inspections

Year in and year out, OSHA’s Lockout/Tagout (Energy Control) standard is one of the most frequently cited standards. With the National Emphasis Program on Amputations continuing in 2022, employers are subject to inspections focusing on their LOTO programs and practices even if there are no serious injuries or complaints made about them. With increased scrutiny comes a greater risk of citations—particularly repeat violations—which can lead to employers being placed in OSHA’s Severe Violator Enforcement Program. Despite being such an important standard, OSHA’s LOTO rule continues to be one of the least understood. This webinar will take a deep dive into arguably one of the most confusing (not to mention, one of the most frequently cited) aspects of the LOTO rule – periodic inspections.

Participants in this webinar will learn about:

  • OSHA’s enforcement of LOTO violations, including those around periodic inspections

  • What the LOTO standard requires with respect to periodic inspections and how to conduct them in a manner that complies with the standard

  • Common mistakes employers make regarding periodic LOTO inspections

  • Compliance tips and best practices to help protect against Lockout/Tagout periodic inspection violations

Click here to register for this webinar.

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