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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)

Presentations

  • “Marijuana legalization’s impacts on labor and employment,” Nixon Peabody Annual MCLE Seminar, San Francisco, January 2017
  • “Sex and the attorney-client relationship,” Nixon Peabody Annual MCLE Seminar, San Francisco, January 2017

Love is in the air—and at the office

Credit Union Journal | February 14, 2017

San Francisco labor and employment partner Jeff Tanenbaum provides commentary in this article about relationships in the workplace and what HR departments need to keep in mind.

Curtailing credit checks

HR Executive | January 09, 2017

San Francisco labor and employment partner Jeff Tanenbaum is quoted in this article about employers’ use of credit checks in hiring decisions.

Trumping Obama's employment law legacy

Law360 | November 16, 2016

Providence Labor & Employment partner Stacie Collier and San Francisco Labor & Employment partner Jeff Tanenbaum and associate Traci Bernard-Marks contributed this article about anticipated changes in labor and employment law by President-elect Trump and Republicans in Congress.

Trump spells trouble for Obama's employment legacy

Law360 | November 09, 2016

This article focuses on the labor and employment changes we could see in a Trump administration. San Francisco Labor & Employment partner Jeff Tanenbaum discusses the topic of equal pay.

Uber case lawyers face tall order to produce more info

San Francisco Daily Journal | July 05, 2016

San Francisco Labor & Employment partner Jeff Tanenbaum provides commentary throughout this story on a U.S. District Judge’s demand that lawyers in the Uber Technologies Inc. misclassification lawsuit quickly produce additional information regarding an up-to-$100-million settlement between Uber and California and Massachusetts drivers.

OSHA Enforcement Trends to Watch in 2016

Compliance Week | December 22, 2015

San Francisco Labor & Employment partner Jeff Tanenbaum provides commentary regarding the Occupational Safety and Health Administration (OSHA) enforcement trends that significantly raise the stakes for companies that fail to provide safe workplaces.

The ABCs of Calif.'s Automated External Defibrillator Law

Law360 | September 24, 2015

San Francisco Labor & Employment partner Jeff Tanenbaum and associate Traci Bernard-Marks authored this column discussing why it may be prudent for employers to still generally make use of automated external defibrillators voluntary and not part of an employee’s job duties.

Supply Chain Slavery Comes into Focus for Companies

Wall Street Journal | March 30, 2015

San Francisco Labor & Employment partner Jeff Tanenbaum is quoted in this article discussing slave labor in the supply chain.

Nurse Infected with Ebola at Texas Hospital Files Suit Alleging Negligence, Privacy Claims

Bloomberg BNA's Health Law Reporter | March 05, 2015

San Francisco Labor & Employment partner Jeff Tanenbaum is quoted in this article on the lawsuit filed by the Texas nurse infected with the Ebola virus while on the job.

California Legislation to Watch in 2015

Law360 | January 02, 2015

This coverage quotes San Francisco Labor & Employment partner Jeff Tanenbaum discussing the potential national implications of new legislation in California.

California's Worker-Friendly Laws Passed in 2014 Could Spread Across the Nation

Daily Journal | December 29, 2014

This coverage quotes San Francisco Labor & Employment partner Jeff Tanenbaum discussing the potential national implications of California’s employment laws passed in 2014.

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.

Contact

Jeffrey M. Tanenbaum

Partner

San Francisco

Phone: 415-984-8450


Fax: 866-268-2098

Georgetown University, J.D.

Brandeis University, B.A.

California

U.S. Court of Appeals, Eighth Circuit

Jeff has been selected by his peers for inclusion in The Best Lawyers in America© 2017 for Employment Law - Management and Litigation - Labor and Employment in San Francisco, CA. He has been listed in Best Lawyers since 2013.

Jeff has been recognized for exceptional standing in the legal community in Chambers USA: America’s Leading Lawyers for Business 2016 for Labor & Employment (California). He has also been recognized in Chambers in previous years. He has also been recognized as a “Super Lawyer” by the publishers of the Northern California Super Lawyers magazine since 2007. Inclusion in Super Lawyers is based on a peer-review survey.

A Matthew Bender publication has described Jeff Tanenbaum as one of California’s leading employment litigators, and Jeff Tanenbaum has been named by The Recorder, a legal newspaper, as one of the Bay Area’s Top Employment Attorneys.

Jeff Tanenbaum is a member of the State Bar of California and its Employment and Labor Law Section. Within the American Bar Association Jeff Tanenbaum is a member of the Section on Labor and Employment Law and the Occupational Safety & Health Law Committee.
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