Jeff Tanenbaum chairs Nixon Peabody’s Labor & Employment practice and the firm’s Occupational Safety & Health (OSHA) practice. He represents employers in a very wide range of employment and labor law matters. Jeff also has a particular focus 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; employee/independent contractor classification; workplace violence response plans and 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.
Jeff's numerous publications include:
- Cal-OSHA Handbook (California Chamber of Commerce) (technical advisor)
- Senate Bill 198 and the Be a Manager Go to Jail Act (Littler) (author)
- Employee Handbook: How to Write One for Your Company (California Chamber of Commerce) (co-author)
- Cal-OSHA: Beyond the Basics (California Chamber of Commerce) (co-author)
- The Common Sense Employer (Knowledge Circle, Inc.) (editorial advisor)
- Terror and Violence in the Workplace (Littler) (co-author)
- Personnel Policy Solutions (Knowledge Circle, Inc.) (co-editor)
- Family Leave Laws: A Guide for California Employers (California Chamber of Commerce) (editor)
- New Guidelines for Employment Contracts and Disciplinary Procedures (Littler) (co-author)
- The Five Biggest Mistakes Made by Employers (and How to Avoid Them!) (Littler) (co-author)
- California Employment Law Reporter (Matthew Bender) (columnist)
- The New Cal-OSHA Guidelines for the Contingent Workforce (Littler) (co-author)
- An Employer’s Pocket Guide to Cal/OSHA (M. Lee Smith) (author)
- Preventing Workplace Violence (Parlay International)
- Cal/OSHA Compliance Advisor (Employer Resource Institute) (editor)