Kara Maciel

Kara Maciel

Conn Maciel Carey LLP

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Latest Publications


Trump Proposes a $2.5 Billion Cut to the Dept. of Labor’s Budget and to Eliminate Funding for Labor Initiatives and the Chemical...

The Trump Administration submitted a blueprint budget for 2018 to Congress proposing $2.5 Billion in cuts to the U.S. Department of Labor’s (“DOL”) operating budget. The President’s proposed budget expressly calls for...more

3/21/2017 - DOL Federal Budget OSHA Trump Administration

D.C. Joins other States in Banning Credit Checks in the Hiring Process

The D.C. City Council recently passed the Fair Credit in Employment Amendment Act (“the Act”), which now strictly limits an employer’s ability to inquire into an applicant’s credit history as a basis for a hiring decision. ...more

1/10/2017 - Credit Checks Employee Credit Checks Employer Liability Issues Hiring & Firing Job Applicants

EEOC Issues Guidance on Mental Health Discrimination and Reasonable Accommodations

On December 12, 2016, the EEOC issued a resource document, titled “Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights,” reminding employers of workplace rights for employees and applicants...more

12/29/2016 - ADA Disability Discrimination EEOC Employer Liability Issues Hiring & Firing Mental Health New Guidance Reasonable Accommodation

Paid Sick & Family Leave Passes D.C. City Council

For over a year, the D.C. City Council has considered a bill that would have provided employees in the nation’s capital paid family and sick leave. Now, after extended debate and comment from the public and business...more

12/22/2016 - City Councils Employee Rights Employer Liability Issues Local Ordinance Paid Leave Parental Leave PTO Sick Leave Wage and Hour

[Webinar] Bathroom Break – Employee Access to Bathrooms, ADA Accessibility and Transgender Bathrooms - Dec. 13th, 1:00pm EST

Although not typically thought of as a hotbed of OSHA/Employment law activity, access to bathrooms by both employees, as well as members of the public, has become a high profile issue of late. OSHA has always required...more

11/30/2016 - Access to Employer Facilities ADA Employee Restrooms Gender Discrimination Gender Identity OSHA Right of Access Sexual Orientation Discrimination Title VII Transgender Webinars

Clinton or Trump? The Future of Employment Law and Workplace Safety Regulation

What has evolved (or devolved) into perhaps the most controversial election in American history, could translate in a couple of months into a whirlwind for labor and workplace safety policy. Stark differences between the...more

11/7/2016 - DOL EEOC FMLA Hillary Clinton MSHA OSHA Political Candidates Trump Administration Workplace Safety

[Webinar] Labor & Employment, OSHA, and MSHA Impacts of the Upcoming Presidential Election - October 25th, 1:00p.m. EDT

In just a couple of weeks, we will have the opportunity to enter the voting booth, and cast a ballot to elect the next President of the United States. The platforms and proposed polices of the candidates are more divergent...more

10/3/2016 - Employer Liability Issues Labor Regulations MSHA OSHA Popular Presidential Elections Unions Webinars Workplace Safety

States and Businesses Seek Injunction to Prevent DOL Overtime Rule From Taking Effect on December 1

On September 20, 2016, business groups and states filed two lawsuits in the U.S. District Court for the Eastern District of Texas challenging President Obama’s new overtime rule that is set to take effect December 1, 2016. ...more

9/22/2016 - Administrative Procedure Act DOL Exempt-Employees FLSA Minimum Salary Over-Time Wage and Hour White-Collar Exemptions

Paid Sick Leave Set to Become Effective in Montgomery County, Maryland

In 2015, Montgomery County implemented Maryland’s first paid sick and safe leave statute, The Earned Sick and Safe Leave Law, which becomes effective on October 1, 2016. The law applies to all employees that perform work in...more

9/13/2016 - Local Ordinance Paid Leave Sick Leave Wage and Hour

NLRB To Start Collecting Employer Data Under DOL’s Controversial “Blacklisting” Rule

Even though the DOL has not been cleared to issue its contentious blacklisting rule under President Obama’s “Fair Pay and Safe Workplaces” Executive Order (“the Blacklisting Rule”) – and despite legal and congressional...more

8/3/2016 - Data Collection DOL Fair Pay and Safe Workplaces Federal Contractors NLRB Reporting Requirements Unfair Labor Practices

NLRB Makes It Easier for Employers with Temp Workers to Become Unionized

On July 11, 2016, the National Labor Relations Board (“Board”) reversed decade old precedent requiring consent from the host employer and a staffing agency before a union election that includes temporary employees could take...more

7/29/2016 - Bargaining Units Browning-Ferris Industries of California Inc. Collective Bargaining NLRA NLRB Temporary Employees Unions

Deadline Fast Approaching to Report Paid Agreements Under DOL’s “Persuader Rule”

Update: June 27, 2016 - The DOL has been ordered by a federal court not to enforce the Persuader Rule on a national basis after July 1, 2016 because the court was persuaded (sorry for the pun) that the rule would...more

6/28/2016 - DOL Persuader Rules Reporting Requirements Unions

The Final Overtime Rule Explained:  What Every Employer Must Do Next

The day that has been looming over employers for the past 2 years since President Obama directed the U.S. Department of Labor (“DOL”) to update and modernize the existing Fair Labor Standards Act’s (“FLSA”) white collar...more

5/19/2016 - DOL Final Rules FLSA Minimum Salary Wage and Hour White-Collar Exemptions

As Retaliation Claims Rise, Employers Face New Challenges Under Employment, OSHA and Health Care Laws

As we discussed in a recent webinar, employers are facing an increased risk of defending a retaliation complaint as administrative policy changes and expansive federal laws make asserting these claims easier for employees....more

4/28/2016 - ADA Affordable Care Act Anti-Retaliation Provisions EEOC Employer Liability Issues Employer Mandates ERISA OSHA Popular Title VII

[Webinar] Whistleblower Investigations - OSHA's 11(c), Title VII and other Statutes - April 19th, 1:00pm ET

Federal and state laws prohibit employers from retaliating against whistleblowers who engage in protected activities. The OSH Act, Title VII of the Civil Rights Act, and several other laws that regulate the relationship...more

4/8/2016 - Employer Liability Issues OSHA Retaliation Title VII Webinars Whistleblower Protection Policies Whistleblowers

Workplace Violence: Employer Liability in Virginia and Potential VOSH Penalties

Workplace violence has become a serious issue for employers throughout the United States. In the wake of the recent mass shootings that occurred in San Bernardino, CA and Hesston, KA, both of which occurred at least in part...more

4/6/2016 - Employment Policies Mass Shootings Negligent Hiring OSHA Risk Mitigation Vicarious Liability Workplace Violence

Legal Risks with Managing Employees in the Social Media Era

Social media continues to be a growing platform for applicants, employees, and employers to use for marketing, company branding, and employee engagement. As with any computer technology, the use of social media in the...more

4/4/2016 - Background Checks Hiring & Firing NLRA NLRB Non-Solicitation Agreements Protected Concerted Activity Recruitment Policies Social Media Policy

DOL Releases Long-Awaited Persuader Rule

On March 23, 2016, the U.S. Department of Labor (DOL) finalized the long-awaited “persuader” rule requiring employers and their labor relations consultants, including attorneys, to report any activities by these consultants...more

3/24/2016 - Administrative Procedure Act Attorney-Client Privilege DOL LMRDA OLMS Persuader Rules Right To Counsel Unions

Pres. Obama Announces Nominee to S.Ct. – A Moderate on Labor and Worker Safety

President Obama has tapped a moderate in Judge Merrick Garland, the Chief Judge of the U.S. Court of Appeals for the D.C. Circuit, for the U.S. Supreme Court vacancy left by the late Antonin Scalia....more

3/16/2016 - Barack Obama Judicial Appointments Justice Scalia Merrick Garland OSHA Political Parties Statute of Limitations

EEOC Will Now Disclose Position Statement and Exhibits to Charging Parties During an Investigation

In a shift that could impact how employers (and their legal counsel) respond to charges of discrimination, the U.S. Equal Employment Opportunity Commission (EEOC) has announced that it will disclose the employer’s position...more

2/25/2016 - Confidential Information Discovery EEOC Employment Discrimination Position Statements

DC Transportation Benefit Law Takes Effect

It is a new year and with that brings new legal obligations for employers in DC. One significant new law for DC employers is the requirement for employers with 20 or more employees with addresses in DC to offer certain types...more

2/23/2016 - Employee Benefits New Legislation Transit Benefits

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