Rachel L. Conn

Rachel is an associate in Nixon Peabody’s Labor & Employment group and a member 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.

What do you focus on?

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.

What do you see on the horizon?

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.

Publications & Presentations

  • “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, 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,” Webinar, Lorman Education Services, March 2020
  • “Injury and Illness Recordkeeping in California: Key State Differences and Upcoming Developments,” Webinar, Business & Legal Resources (BLR), May 2019
  • “Emergency Preparedness—What To Do In Case of Fire, Flood, Tornado, Bomb Threat, Power Outage, etc.” Webinar, Online Compliance Panel, June 2018
  • “Emergency Preparedness: What Does Cal/OSHA Require?” Webinar, Online Compliance Panel, 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)

DOL Must Hand Over Amazon Safety Data to Journalism Outlet

Bloomberg Law | July 07, 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

Cannabis Business Executive | 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

Bloomberg Law | 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

CNN Business | 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

Bloomberg Businessweek | March 03, 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

Rochester Business Journal | 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

Coronavirus closes China to the world, straining global economy

The Wall Street Journal | February 03, 2020

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.

California Employers Should Start Working on Violence-Prevention Plans

Society for HR Management | December 09, 2019

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.

INSIGHT: California overhaul of injury recordkeeping rules just a start

Bloomberg Law | June 04, 2019

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.

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

SHRM.com | November 05, 2017

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.


Rachel L. Conn


San Francisco

Phone: 415-984-8216

Fax: 855-887-8999

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

The Catholic University of America, B.A.


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