In the News
Three takeaways from Fed-OSHA’s increased workplace violence enforcement initiatives
April 3, 2023
California Partner Rachel Conn, contributed this article discussing Fed-OSHA’s focus on workplace violence initiatives and how recent investigations can provide insight and best practices as employers take measures to create safe workplaces.
Biden OSHA revises union, worker-friendly inspection rule
January 17, 2023
California Partner Rachel Conn is quoted in this article on OSHA’s proposed revival of a 2013 policy allowing worker advocates to participate in nonunion workplace inspections even if they aren’t employees. Rachel explains why employers were initially concerned that the policy would lead to union organizing.
Whistleblower attorneys are looking beyond safety law boundaries
May 12, 2022
This article discussing alternatives to OSHA enforcement and OSHA’s whistleblower provision quotes California Partner Rachel Conn, who mentions that employers need to be wary of workers who become aware of standards outside their normal duties that could turn up in a whistleblower complaint.
40 Under 40: Rachel L. Conn, Nixon Peabody
April 22, 2022
This article profiles California OSHA Partner Rachel Conn, who was selected by the leading regional business publication as a “40 Under 40” honoree. In the feature, Rachel answers questions related to her work and personal life, and she discusses how the pandemic sparked the need to think critically and creatively to provide clients with solutions amid the many unknowns.
The OSHA mandate rule is gone. Here's how businesses are proceeding.
February 11, 2022
Cal/OSHA Partner Rachel Conn is quoted extensively in this article covering how businesses are proceeding since the US Supreme Court blocked the OSHA vaccine mandate, including comments related to communication and customization being key best practices for employers since there is no one-size-fits-all approach.
Biden's vaccine rule is here and half of employers aren't ready
November 4, 2021
In this article discussing OSHA’s federal COVID vaccination and testing guidelines for large private employers, which were announced on Thursday, California Partner Rachel Conn is quoted on the potential burden and obstacles posed by weekly testing.
Q&A on OSHAs upcoming vaccine mandate-What it means for HR
October 1, 2021
This industry newsletter includes the client alert “President Biden orders vaccination mandate for large employers,” co-authored by California Partner Rachel Conn. The Q&A covers OSHA’s emergency standards, the 100-employee threshold in Biden’s vaccination mandate, and how the rule affects state OSHA plans.
Vaccine mandates reach 25% of U.S. companies after Biden order
September 30, 2021
This article, discussing President Biden’s directive to larger employers mandating vaccines or weekly testing, quotes California Partner Rachel Conn on the potential logistical heavy lift for employers in implementing weekly testing.
Should you put your Covid-19 vaccination status on your résumé? Many hiring managers say yes
September 27, 2021
This article, covering the growing trend among hiring managers to favor candidates who indicate on their resumes that they are fully vaccinated, quotes Califonia Partner Rachel Conn on the potentially discriminatory nature of employers pushing for this information.
What workers and employers should know a week after Biden issued COVID vaccine mandate
September 16, 2021
This article, which has been syndicated across the country, quotes the client alert “President Biden orders vaccination mandate for large employers” co-authored by California Partner Rachel Conn. The content covers OSHA emergency standards, the 100-employee threshold in Biden’s vaccination mandate, and how the rule affects state OSHA plans.
Business Hour with Frank Mottek
September 9, 2021
San Francisco Labor & Employment partner Rachel Conn joined the radio program to discuss President Biden’s proposal that would require employers with more than 100 employees to mandate vaccines or weekly testing, as well as the question of whether employers can deny sick leave or paid time off for any unvaccinated employees who contract Covid-19 and must miss work as a result.
Apple isn't the only tech company spooked by the Delta variant
July 23, 2021
This article, on how some tech companies are reevaluating return to office plans in light of Covid-19 Delta variant concerns, quotes San Francisco Labor & Employment partner Rachel Conn on possible facial covering mandates and considerations about the Delta variant that employers should take into account.
Cal/OSHA Updated COVID-19 Guidelines
June 9, 2021
San Francisco Labor & Employment partner Rachel Conn discussed an upcoming Cal/OSHA emergency standard board meeting to review its recently updated COVID-19 guidelines on facial coverings, following the urging made by the California Department of Public Health to reconsider the board’s earlier guidelines to better align with CDC recommendations.
In Depth
June 1, 2021
San Francisco Labor & Employment partner Rachel Conn discussed Cal/OSHA’ s proposed updated COVID-19 guidelines and other top-of-mind issues for California-based employers and employees, including whether employers can ask for workers’ vaccination status, Cal/OSHA’ s requirement for vaccination documentation, and whether employers can require employees to be vaccinated.
Mask guidelines pose challenge to OSHA's ‘grave danger’ mandate
May 20, 2021
San Francisco Labor & Employment partner Rachel Conn is quoted in this article on how the CDC’s updated guidance that the risk of COVID infection is minimal for people who are fully vaccinated likely weakens OSHA’s argument that there is a “grave danger” to employees.
Employers face new risks as business travel returns
March 16, 2021
This article on the risks employers face as business travel returns quotes Labor & Employment deputy practice group leader and OSHA practice chair Ben Kim, of Los Angeles, and San Francisco Labor & Employment partner Rachel Conn on the realities of a shifting office environment.
CDC vaccine guidance offers ‘road map’ for employers
March 10, 2021
Labor & Employment deputy practice group leader and OSHA practice chair Ben Kim, of Los Angeles, and San Francisco Labor & Employment partner Rachel Conn provide commentary in this article analyzing the CDC’s new post-vaccination guidance, discussing implications for employers.
RIMA to host virtual manufacturing conference and expo April 13
March 9, 2021
This article, covering the Rhode Island Manufacturers Association’s annual conference, mentions that NP will host a workshop entitled “Making It Through Changes in Employment, Labor and Workplace Health and Safety Law.“ Providence office managing partner Andrew Prescott and San Francisco partner Rachel Conn, both of the Labor &Employment group, will present the session.
On the Move
Jan 28, 2021
Los Angeles Project Finance & Public Finance partner-elect Jade Turner-Bond and San Francisco Labor & Employment partner-elect Rachel Conn were included in this roundup of notable legal moves for their promotions to partner.
California Poised For Growth Despite Pandemic Impacts, Regulations
December 10, 2020
In this article on the workplace requirements for contractors and other employers in the construction industry, San Francisco Labor & Employment associate Rachel Conn is quoted for her outlook on Cal/OSHA’s definition of “exposed workplace” and the potential overlap of notifications requirements with AB 685.
In Depth
December 10, 2020
San Francisco Labor & Employment associate Rachel Conn appears as a guest in this radio news segment to discuss the dilemma employers are facing and what they should consider—Cal/OSHA, California sick leave laws and other advisories—as they navigate how to provide a safe workplace for their employees during the holidays.
Former OSHA Head's Transition Role Suggests Quick Emergency Rule
December 8, 2020
In this article covering former OSHA head David Michaels being named to President-elect Joe Biden’s transition team Covid-19 task force, San Francisco Labor & Employment associate Rachel Conn is quoted on employers’ trepidation over possible new regulation.
Your Boss Can Restrict Your Holiday Plans in the Pandemic
December 7, 2020
In an article covering what employers can and cannot enforce when employees are outside of the workplace, San Francisco Labor & Employment associate Rachel Conn explains how off-duty conduct laws in some states and union contracts could prevent employers from taking action against employees.
MRM Research Roundup: End-of-October 2020 Edition
November 2, 2020
This roundup of current industry issues to watch highlights several thought leadership pieces from NP’s recently published fourth-quarter Food & Beverage Crystal Ball. The publication summarizes trends provided by San Francisco partner Alison Torbitt and counsel Ian O’Banion, both of the Affordable Housing & Real Estate Group; Rochester Corporate associate Isaac Figueras; and San Francisco Labor & Employment associates Rachel Conn and Maritza Martin.
DOL Must Hand Over Amazon Safety Data to Journalism Outlet
July 7, 2020
In this article on a recent decision requiring the U.S. Labor Department to provide unredacted safety records to an investigative journalism organization, San Francisco Labor & Employment associate Rachel Conn is quoted on how the decision could make it easier for media outlets and labor unions to request injury and illness data from the government. The decision could also lead to adverse publicity for companies.
Marijuana Social Clubs: How Colorado is Setting the Pace
June 17, 2020
This article, on the reopening of Colorado’s marijuana hospitality industry, cites a recent NP alert that details guidelines for cannabis retailers to consider for revamping operations without spreading communicable illnesses. Cannabis Business Executive also re-published the complete NP alert, written by San Francisco Affordable Housing & Real Estate partner Alison Torbitt; Los Angeles Intellectual Property partner, Litigation Department vice-chair, and Fashion practice leader Staci Riordan; and San Francisco Labor & Employment associates Hillary Baca and Rachel Conn.
Employers with skeleton crews are on the hook for their safety
March 26, 2020
San Francisco Labor and Employment associate Rachel Conn discusses some of the methods employers are using to keep essential employees safe during the coronavirus outbreak—from staggered shifts to reconfigured work spaces.
One of your employees is diagnosed with coronavirus What now
March 13, 2020
San Francisco Labor and Employment associate Rachel Conn discusses the steps employers should take if they learn that an employee has contracted coronavirus, including reaching out to local health authorities and notifying employees, customers, and vendors.
The Coronavirus checklist: Nine steps to protect your company
March 3, 2020
In this article, San Francisco Labor and Employment associate Rachel Conn suggests that employers coping with coronavirus impacts create a communicable illness policy that outlines what illnesses are covered, employees’ obligation to report them, and employers’ communications practices during an outbreak.
Coronavirus putting crimp on firms doing business in China
February 21, 2020
Rochester Corporate partner Jeremy Wolk authored this column about how employers with business operations in China are responding to the coronavirus outbreak and related travel restrictions. The article is based on an alert by Hong Kong Corporate partner David Cheng, Los Angeles Labor and Employment partner Benjamin Kim, San Francisco Labor and Employment senior counsel Jeffrey Tanenbaum and associate Rachel Conn, and Director of Global Strategies David Kaufman