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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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Tuesday, Oct. 11, 2022 1 p.m. EST / 10 a.m. PST

Workplace Violence and Harassment - OSHA and Employment Law Issues

In 2020, physical assault was identified as the fourth leading cause of workplace deaths. Nearly 2 million American workers experience violent acts at work annually, and about one-fourth of those incidents go unreported. As the COVID-19 pandemic appears to be entering the endemic phase and workers begin to transition back into the workplace, experts predict even more of an increase in workplace violence.

While there are no OSHA standards for workplace violence or sexual harassment, the General Duty Clause requires employers to provide employees a place of employment free from recognized serious hazards. Over the years, OSHA has issued General Duty Clause citations to employers after incidents of workplace violence or harassment.

The EEOC, meanwhile, continues to focus on sexual harassment. Between FY 2018 and FY 2021, the EEOC recovered nearly $300 million for individuals with sexual harassment claims through resolved charge receipts and in litigation. The question remains, however, whether OSHA will expand efforts to investigate and/or address sexual harassment, particularly in those workplaces where it is foreseeable or preventable.

It is vital that employers have strong workplace violence policies in place to help prevent workplace violence but also to respond to it when it does occur. In this webinar, attendees will learn:

  • Enforcement priorities relative to sexual harassment and workplace violence at the EEOC and OSHA

  • Methods for providing a safe return to the workplace and reducing the likelihood of violent incidents

  • Best practices for employers to design and implement an effective workplace violence prevention plan, manager & employee harassment training programs, and implementing compliant investigation procedure

  • Tips to identify the early warning signs of potential violence incidents

  • Steps for creating an organizational culture in which harassment is not tolerated and ensuring employees are held accountable

 

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

 

This program has been approved for 1.00 HR (General) recertification credit hours toward aPHR™, aPHRi™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™ and SPHRi™recertification through HRCI®.

Click here to register for this webinar.

Wednesday, Nov. 9, 2022 1 p.m. EST / 10 a.m. PST

Process Safety Update: The Latest with OSHA PSM & EPA RMP

By November 2022, the Biden Administration will have had more than a year and a half to make its mark in the process safety arena, so we will be reporting on the rulemaking and enforcement efforts that OSHA, EPA, and CSB have undertaken. We will evaluate whether the agencies have managed to fully reverse the regulatory rollbacks that the previous administration pursued and whether there are new, clear priorities being revealed.

Regardless the direction the Administration takes, we know that the regulated industries will be closely watching this space, so we will discuss how companies can best respond to and prepare for enforcement and investigative initiatives that the process safety agencies have launched. We’ll be certain to cover the status of OSHA and EPA rulemaking and to discuss how CSB’s data collection is proceeding under its accidental release reporting rule.

Click here to register for this webinar.

Wednesday, Nov. 16, 2022 1 p.m. EST / 10 a.m. PST

Practical Advice for Responding to Administrative Charges of Discrimination and Retaliation

When an administrative agency, like the federal Equal Employment Opportunity Commission (“EEOC”), receives a complaint of discrimination or retaliation, the employer is given an opportunity to respond and provide information/evidence pursuant to the agency’s investigation of the complaint. In its response, the employer can explain why the action taken against the employee was legitimate or did not occur as alleged. These responses are an opportunity for the employer to provide sufficient information to avoid further action by the administrative agency or potentially litigation of the claim(s). A strong response could demonstrate there is no support for the complaint and resolve the complaint in a favorable manner for the employer. However, these responses can also create a written record of admissions to which the agency can hold the employer accountable, and any supporting documentation may be closely scrutinized and used to establish liability. Thus, employers must be thoughtful in sharing information at this early stage and should ensure there is a procedure in place for managing and developing these responses.

Participants in this webinar will learn about:

  • The types of administrative complaints that an employer may receive from the EEOC or California agencies

  • Specific prohibitions of the applicable laws and regulations, and the standard of proof by which these complaints are generally evaluated

  • Strategies employers can use to effectively respond to complaints of discrimination and retaliation

  • Proactive measures employers can take to avoid employee complaints


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

This program has been approved for 1 HR (General) recertification credit hours toward aPHR™, aPHRi™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™ and SPHRi™recertification through HRCI®.

Click here to register for this webinar.