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JEFFREY M. TANENBAUM

Jeff Tanenbaum is a member of Nixon Peabody’s Labor & Employment practice and chairs the firm’s Occupational Safety & Health (OSHA) practice. He represents employers in a very wide range of employment and labor law matters, with a particular emphasis on occupational safety and health compliance and litigation.

What do you focus on?

I have devoted my entire career to assisting employers with a broad array of employment and labor issues. I particularly enjoy working with my clients to find novel, yet practical compliance solutions for the increasingly complex world of employment regulation. Examples include policies and procedures to address the intersection of the ADA, leave laws and workers compensation; the development of alternative dispute resolution (ADR) programs and the defense of ADR claims; guidance through complex terminations and RIFs and alternatives; cross-border employment issues; supply chain management; employee/independent contractor classification; workplace violence response plans; crisis response; and training of executives, managers and supervisors.

My practice also has a special focus on occupational safety and health compliance and litigation, including but not limited to Cal/OSHA and Fed/OSHA matters. This involves developing state of the art safety procedures, training, safety and health audits, appeals of citations, obtaining variances and representing employers in the rulemaking process. I have litigated well over a thousand OSHA citations.

While my practice crosses all industries, many of my clients are in the fields of technology, life sciences, manufacturing, health care, maritime, food and beverage, utilities, energy, retail and hospitality.

What do you see on the horizon?

Labor and employment law is extremely dynamic. In the foreseeable future I believe we will see significant developments in the following areas:

  • The aging workforce. These issues include more age and disability claims, as well as issues related to retirement and health plans. Scientists suggest that children today may live to be 120 years old. That puts a very different spin on the concept of retirement at 65.
  • Compliance issues and litigation under the Affordable Care Act and further health care reform.
  • Post DOMA: LGBT issues are on the forefront of the civil rights movement in the 21st century.
  • Immigration reform and the increased globalization of the workforce.
  • The coming pandemic: it is just a matter of time until the next significant pandemic strikes. Employers will need to be much more prepared.
  • Robotics in the workplace.
  • Remote work locations.
  • New efforts by unions to reinvent themselves.

Publications

Jeff's numerous publications have included:

  • Rutter Guide California Practice Guide Employment Litigation Workplace  Safety Chapter (Contributing Editor)
  • Cal-OSHA Handbook (technical advisor)
  • Senate Bill 198 and the Be a Manager Go to Jail Act (author)
  • Employee Handbook: How to Write One for Your Company (co-author)
  • Cal-OSHA: Beyond the Basics (co-author)
  • The Common Sense Employer (editorial advisor)
  • Terror and Violence in the Workplace (co-author)
  • Personnel Policy Solutions (co-editor)
  • Family Leave Laws: A Guide for California Employers (editor)
  • New Guidelines for Employment Contracts and Disciplinary Procedures (co-author)
  • The Five Biggest Mistakes Made by Employers (and How to Avoid Them!) (co-author)
  • California Employment Law Reporter (columnist)
  • The New Cal-OSHA Guidelines for the Contingent Workforce (co-author)
  • An Employer’s Pocket Guide to Cal/OSHA (author)
  • Preventing Workplace Violence (author)
  • Cal/OSHA Compliance Advisor (co-editor)

Media Clips

  • California court rules retailer needn't provide AEDs
    FierceCFO | July 21, 2014
    San Francisco Labor & Employment partner Jeff Tanenbaum discusses the impact of a California appeals court ruling that Target was not obligated to provide automated external defibrillators (AEDs) in its stores.
  • Calif. Defibrillator Ruling Likely To Draw Lawmakers' Attention
    Law360 | June 23, 2014
    San Francisco Labor & Employment partner Jeff Tanenbaum discusses the implications of California Supreme Court’s ruling that Target Corp. wasn't obligated to carry automated external defibrillators.
  • Calif. May Force Emergency Medical Equipment on Retailers
    Law360 | June 18, 2014
    San Francisco Labor & Employment partner Jeff Tanenbaum and associate Caroline Burnett authored this column discussing Verdugo v. Target Stores before the California Supreme Court in which the plaintiff alleges that large retailers have an obligation to keep automatic external defibrillators ("AEDs") in stores.
  • . . . View all . . .
  • California Regulation and Legislation to Watch in 2014
    Law360 | January 1, 2014
    San Francisco partner and leader of the firm’s Labor & Employment practice Jeff Tanenbaum discusses a state law that could bring wage-and-hour individual or class actions seeking penalties to employers if they fail to provide breaks to employees to help them cool down from working in the heat.
  • Lawyers Say General Duty Enforcement Tactic Could Have Broad Impact; OSHA Disagrees
    Bloomberg BNA Occupational Safety & Health Reporter | December 12, 2013

    San Francisco partner and leader of the firm’s Labor & Employment practice Jeff Tanenbaum discusses judicial approval of an enforcement tactic could allow the Occupational Safety & Health Administration to impose tougher chemical exposure rules on employers.

  • When Shoppers Go Wild: OSHA Issues Guidance for Crowd Management In Advance of Black Friday
    Law360 | November 27, 2013
    San Francisco Labor & Employment partner Marjorie Fochtman and Labor & Employment practice group leader Jeff Tanenbaum discuss the Department of Labor’s guidelines for retailers about crowd safety during the busy holiday shopping season.
  • OSHA Workplace Injury Rule Aims to Shame Cos. Into Safety
    Law360 | November 13, 2013
    San Francisco partner and leader of the firm’s Labor & Employment practice Jeff Tanenbaum discusses a proposed rule by the Occupational Safety and Health Administration that would make workplace illness and injury data recorded by employers more accessible.
  • OSHA to Boost Whistleblower Programs
    Compliance Week | September 24, 2013
    San Francisco partner and leader of the firm’s Labor & Employment practice Jeff Tanenbaum discusses the Occupational Safety and Health Administration’s increased enforcement efforts against companies that fail to provide safe workplaces.
  • San Francisco Proposes Mandatory Flexible Working Arrangements
    Employee Benefit Plan Review | September 1, 2013
    Labor & Employment practice group leader Jeff Tanenbaum and Labor & Employment associate Alexandra Devendra co-authored this column on the proposed “Family Friendly Workplace Ordinance,” which would allow employees who are caregivers to request a wide range of flexible working arrangements.
  • The Business of Same-Sex Marriage
    CNBC's The Kudlow Report | June 26, 2013

    San Francisco partner and leader of the firm’s Labor & Employment practice Jeff Tanenbaum discusses the business impact of the U.S. Supreme Court’s rulings regarding California’s Proposition 8 and the federal Defense of Marriage Act (DOMA).

  • 3 HR Lessons Employers Can Learn From Schools
    Law360 | May 22, 2013

    San Francisco partner and leader of the firm’s Labor & Employment practice Jeff Tanenbaum discusses how employers can learn about how to avoid future problems in the workplace by taking a look at what is happening in school systems and how these schools are preventing violence and bullying.

  • Obama's Compromise on Contraception Won't End Lawsuits
    Law360 | February 1, 2013

    San Francisco partner and leader of the firm’s Labor & Employment practice Jeff Tanenbaum discusses the Obama administration's proposal to allow religious organizations to opt out of directly providing contraceptives to employees.

  • Clear-Cut Employer Contraception Mandate May Be Elusive
    Law 360 | January 18, 2013

    San Francisco partner and leader of the firm’s Labor & Employment practice Jeff Tanenbaum discusses current issues associated with health reform’s requirement that employer medical plans include contraception coverage.

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