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    1. Home
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    3. Rachel L. ConnPeople
    1. Home
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    3. Rachel L. ConnPeople

    Rachel L. Conn

    Partner / Leader, Occupational Safety & Health (OSHA) Practice


    • San Francisco
    • Office415.984.8216
    • rconn@nixonpeabody.com
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    Introduction

    Rachel is a partner in Nixon Peabody’s Labor & Employment group and is the leader of the firm’s Occupational Safety & Health (OSHA) practice. She represents clients in both federal and state court litigation and before administrative agencies as well as providing labor and employment law advice and training, with a particular emphasis on occupational safety and health compliance and litigation.

    Practice Areas

    Occupational Safety & Health (OSHA)Labor & EmploymentCalifornia Labor & EmploymentLabor & Employment LitigationLitigationWage-Hour Compliance & Litigation

    My focus

    Today I focus my practice on three main areas, leveraging a wide-range of skills from traditional labor law, employment law and occupational safety and health law to help clients navigate the modern workplace.

    Occupational Safety and Health

    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, and representing employers in the rulemaking process.

    Employment Law

    Much of my work involves representing, advising and training clients in various areas of employment law including wrongful termination, employment discrimination and harassment, arbitrations, ADA Title III access, trade secrets and restrictive covenants and wage-hour.

    I have also represented all types of employers in federal and state court litigation and before various federal and state administrative agencies, including the Equal Employment Opportunity Commission, United States Department of Labor and California Labor Commission.

    Labor Law

    I’ve represented employers before both federal and state agencies, including the National Labor Relations Board and the California Agricultural Labor Relations Board. I help employers with a wide-range of labor related issues including negotiation of collective bargaining agreements, union elections and defending against unfair labor practice charges.

    Representative experience

    • “California Labor & Employment Update,” Nixon Peabody Annual Seminar, November 17, 2022
    • “California Labor and Employment Law Update: Get Ready for 2021,” Nixon Peabody Annual MCLE Seminar, December 2020

    Looking ahead

    In order to navigate the modern workplace, it takes the knowledge of traditional labor and employment laws as well as an understanding of occupational safety and health. As the on-demand and sharing economies become more prevalent, the workplace, as well as the laws that govern it, will have to adjust.

    Insights

    • “Legal issues in threat assessment & response,” Association of Threat Assessment Professionals (ATAP) NorCal Chapter Meeting, Folsom, CA, April 14, 2023
    • “Employer guide to preparing for emergencies, natural disasters, and catastrophic incidents,” Employee Relations Law Journal, March 2023 
    • “California Wage Transparency Law,” SFMade, March 22, 2023
    • “Relevant Happenings at Cal/OSHA,” American Bar Association Section of Labor and Employment Law Workplace and Occupational Safety and Health Law Committee 2023 Midwinter Meeting, San Diego, CA, March 9, 2023
    • “Human Resource Issues: Policies for Companies in a Post-Pandemic Era,” Council for Affordable and Rural Housing's Annual Meeting, Arlington, VA, June 27, 2022
    • “Beyond Federal OSHA: Enforcement Efforts at the State Level,” 2022 Occupational Safety and Health Law Committee Midwinter Meeting, March 10, 2022
    • “COVID-19 (Coronavirus) in the Workplace,” Lorman Education Services, Webinar, January 27, 2022
    • “Federal and State Legislative Crystal Ball: Preparing Employers for 2022,” 2021 CIHC 30th Annual Professional Development Seminar, Webinar, December 6, 2021
    • “What the vaccine mandate means for your company,” Protocol, Webinar, September 30, 2021
    • “Behavior-Based Safety,” Lorman Education Services, Webinar, August 18, 2021
    • “Making it through changes in employment, labor and workplace health and safety law,” Rhode Island Manufacturers Association Spring Reignite & Reengage Conference, April 13, 2021
    • “COVID Litigation Trends, and Legislative and Regulatory Developments,” The Bar Association of San Francisco: Annual Labor and Employment Conference, Webinar, February 2021
    • “California’s COVID-19 Emergency Standards: How to Comply and Avoid Costly Enforcement,” Business & Learning Resources (BLR), Webinar, February 2021
    • “Returning to Work in the COVID-19 Era: Health and Safety Issues Raised by the Remote Workplace and the Return to Work,” Bar Association of San Francisco, Webinar, May 2020
    • “Responding to COVID-19–8 Steps for Hospitals to Protect Patients, Employees, and Communities” (co-author), American Health Lawyers Association Publication, March 2020
    • “Using Mobile Devices to Communicate Safety Updates,” Lorman Education Services, Webinar, March 2020
    • “Injury and Illness Recordkeeping in California: Key State Differences and Upcoming Developments,” Business & Legal Resources (BLR), Webinar, May 2019
    • “Emergency Preparedness—What To Do In Case of Fire, Flood, Tornado, Bomb Threat, Power Outage, etc.” Online Compliance Panel, Webinar, June 2018
    • “Emergency Preparedness: What Does Cal/OSHA Require?” Online Compliance Panel, Webinar, May 2018
    • “Hiring and Retaining Employees From A-Z,” SFMade, San Francisco, March 2018
    • “OSHA Safety,” SFMade, San Francisco, August 2017
    • Rutter Guide California Practice Guide Employment Litigation Workplace Safety Chapter (Contributing Editor)
    • “Sex and the attorney-client relationship,” Nixon Peabody Annual MCLE Seminar, San Francisco, January 2017
    • “Additional Developments in Trademark Law—LaRussa v. Twitter, Inc.,” 25 Berkeley Tech L.J. 493 (2010)
    • “Additional Developments in Privacy Law—Toffoloni v. LFP Publishing Group,” 25 Berkeley Tech L.J. 701 (2010)

    In the news

    • Bloomberg Law

      Biden OSHA revises union, worker-friendly inspection rule

      San Francisco Labor & Employment partner Rachel Conn, leader of the firm’s Occupational Safety & Health (OSHA) practice, 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.

      Jan 17, 2023
    • Bloomberg Law

      Whistleblower attorneys are looking beyond safety law boundaries

      This article discussing alternatives to OSHA enforcement and OSHA’s whistleblower provision quotes San Francisco Labor & Employment 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.
      May 12, 2022
    • San Francisco Business Times

      40 Under 40: Rachel L. Conn, Nixon Peabody

      This article profiles San Francisco Labor & Employment 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.
      April 22, 2022
    • San Francisco Business Times

      Meet the first group of San Francisco Business Times' 2022 40 Under 40 honorees

      San Francisco Labor & Employment partner Rachel Conn is spotlighted in this article for being selected as a 40 under 40 honoree, which recognizes the Bay Area’s top rising professionals across diverse industries.
      Feb 22, 2022
    • The Business Journals

      The OSHA mandate rule is gone. Here's how businesses are proceeding.

      San Francisco Labor & Employment 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.
      Feb 11, 2022
    • Bloomberg

      Omicron's surge gives bosses a reason to order shots Biden can't

      San Francisco partner Rachel Conn is quoted on how the new Omicron variant may influence employers’ decisions to implement a mandate to help mitigate interruption of business operations.
      Jan 13, 2022
    • Bloomberg

      Biden's vaccine rule is here and half of employers aren't ready

      In this article discussing OSHA’s federal COVID vaccination and testing guidelines for large private employers, which were announced on Thursday, San Francisco Labor & Employment partner Rachel Conn is quoted on the potential burden and obstacles posed by weekly testing.
      Nov 4, 2021
    • HR Specialist Employment Law

      Q&A on OSHAs upcoming vaccine mandate-What it means for HR

      This industry newsletter includes the client alert “President Biden orders vaccination mandate for large employers,” co-authored by San Francisco partner Rachel Conn, Rochester partner Kim Harding, and Providence department attorney Shelagh Michaud, all of the Labor & Employment group. 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.
      Oct 1, 2021
    • Bloomberg

      Vaccine mandates reach 25% of U.S. companies after Biden order

      This article, discussing President Biden’s directive to larger employers mandating vaccines or weekly testing, quotes San Francisco Labor & Employment partner Rachel Conn on the potential logistical heavy lift for employers in implementing weekly testing.
      Sep 30, 2021
    • The Wall Street Journal

      Should you put your Covid-19 vaccination status on your résumé? Many hiring managers say yes

      This article, covering the growing trend among hiring managers to favor candidates who indicate on their resumes that they are fully vaccinated, quotes San Francisco Labor & Employment partner Rachel Conn on the potentially discriminatory nature of employers pushing for this information.
      Sep 27, 2021
    • The Charlotte Observer

      What workers and employers should know a week after Biden issued COVID vaccine mandate

      This article, which has been syndicated across the country, quotes the client alert “President Biden orders vaccination mandate for large employers” co-authored by San Francisco partner Rachel Conn, Rochester partner Kim Harding, and Providence department attorney Shelagh Michaud, all of the Labor & Employment group. The content covers OSHA emergency standards, the 100-employee threshold in Biden’s vaccination mandate, and how the rule affects state OSHA plans.
      Sep 16, 2021
    • CBS Radio – KNX

      Business Hour with Frank Mottek

      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.
      Sep 9, 2021
    • Protocol

      Apple isn't the only tech company spooked by the Delta variant

      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.
      July 23, 2021
    • CBS/KNX News Radio

      Cal/OSHA Updated COVID-19 Guidelines

      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.
      June 9, 2021
    • CBS/KNX News Radio

      In Depth

      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.
      June 1, 2021
    • Bloomberg Law

      Mask guidelines pose challenge to OSHA's ‘grave danger’ mandate

      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.
      May 20, 2021
    • Law360

      Employers face new risks as business travel returns

      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.
      March 16, 2021
    • Law360

      CDC vaccine guidance offers ‘road map’ for employers

      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.
      March 10, 2021
    • Providence Business News

      RIMA to host virtual manufacturing conference and expo April 13

      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.
      March 9, 2021
    • The Recorder (California)

      On the Move

      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.
      Jan 28, 2021
    • Engineering News-Record

      California Poised For Growth Despite Pandemic Impacts, Regulations

      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.
      Dec 10, 2020
    • KNX-AM

      In Depth

      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.
      Dec 10, 2020
    • Bloomberg Law

      Former OSHA Head's Transition Role Suggests Quick Emergency Rule

      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.
      Dec 8, 2020
    • The Wall Street Journal

      Your Boss Can Restrict Your Holiday Plans in the Pandemic

      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.
      Dec 7, 2020
    • Modern Restaurant Management

      MRM Research Roundup: End-of-October 2020 Edition

      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.
      Nov 2, 2020
    • Bloomberg Law

      DOL Must Hand Over Amazon Safety Data to Journalism Outlet

      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.
      July 7, 2020
    • Cannabis Business Executive

      Marijuana Social Clubs: How Colorado is Setting the Pace

      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.
      June 17, 2020
    • Bloomberg Law

      Employers with skeleton crews are on the hook for their safety

      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.
      March 26, 2020
    • CNN Business

      One of your employees is diagnosed with coronavirus What now

      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.
      March 13, 2020
    • Bloomberg Businessweek

      The Coronavirus checklist: Nine steps to protect your company

      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.
      March 4, 2020
    • Rochester Business Journal

      Coronavirus putting crimp on firms doing business in China

      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
      Feb 21, 2020
    • The Wall Street Journal

      Coronavirus closes China to the world, straining global economy

      This article quotes San Francisco Labor and Employment associate Rachel Conn discussing how employers are reacting to a wave of travel cancellations, store closures, and supply chain disruptions caused by the spread of coronavirus. Click here to read the article.
      Feb 3, 2020
    • Society for HR Management

      California Employers Should Start Working on Violence-Prevention Plans

      In this article, San Francisco labor and employment associate Rachel Conn provides her insights related to the California Division of Occupational Safety and Health’s draft regulation on workplace-violence prevention programs.
      Dec 9, 2019
    • Recorder (Law.com)

      California nears enactment of nation’s first workplace violence prevention regulation for general industry

      Los Angeles partner Ben Kim and San Francisco associate Rachel Conn, both of the Labor and Employment practice group, co-wrote this contributed article analyzing California’s latest effort to prevent workplace violence through regulations.
      Sep 17, 2019
    • Bloomberg Law

      INSIGHT: California overhaul of injury recordkeeping rules just a start

      San Francisco Labor and Employment associate Rachel Conn wrote this contributed article outlining California’s recent actions to strengthen its occupational safety record-keeping rules in response to weakened protections at the federal level.
      June 4, 2019
    • SHRM.com

      How can health care workers who refuse to get flu shots be accommodated?

      San Francisco labor and employment associate Rachel Conn is quoted in this article about how employees should handle requiring flu shots for health care workers.
      Nov 6, 2017

    Admitted to practice

    California

    Education

    The Catholic University of America, B.A.
    University of California, Berkeley School of Law, J.D., Associate Editor, Berkeley Technology Law Journal; Recipient, Prosser Award for Pre-Trial Civil Litigation.

    Recognition

    • “40 Under 40” honoree, San Francisco Business Times

    Insights And Happenings

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    • Event

      Environmental, Health & Safety Repercussions of Catastrophic Environmental Accidents

      May 4, 2023
    • Video

      OSHA Update: What to Expect in 2023

      Occupational Safety & Health (OSHA)
      March 30, 2023
    • Event

      OSHA Update: What to expect in 2023

      March 29, 2023
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      Senior Attorney
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      • Office:401.454.1133
        Mobile:401.316.2504
      • smichaud@nixonpeabody.com
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    • Andrea Chavez

      Associate
      • Los Angeles
      • Office:213.629.6089
      • andrea.chavez@nixonpeabody.com
      Andrea Chavez
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