OSHA Increases Penalties for 2023

Courtney M. Malveaux is a principal in the Richmond, Virginia, office of Jackson Lewis. P.C. He is co-leader of the firm’s Workplace Safety and Health practice group. His practice focuses on representing employers in investigations and citations by the Occupational Safety and Health Administration and other regulatory agencies, oftentimes following catastrophic incidents. Courtney advises and represents employers in employment law matters, including retaliation claims, employment discrimination, unemployment benefits and wage claims. He also represents business associations in state and federal legislative and regulatory matters, and he has testified before Congressional and state legislative committees on workplace safety and health matters. Courtney represented industry on the Virginia Safety and Health Codes Board, and pulled together a broad coalition of business and safety associations to pass laws to make voluntary compliance a permanent part of several state plans under the Occupational Safety and Health Act. Before joining Jackson Lewis, Courtney enforced occupational safety and health law and other state and federal labor laws as Virginia’s Labor Commissioner while also serving as President of the National Association of Government Labor Officials. Honors and Recognitions The National Law Review, Go-To Thought Leadership Award (2020) Virginia Business Magazine, “Legal Elite” (2014 through 2020) William and Mary School of Law, Distinguished Alumnus Award (2012) Virginia Leadership Institute, Political Inspiration Award (2008) William and Mary School of Law, George Wythe Award (2002) William and Mary School of Law, Marshall-Wythe Gambrell Professionalism Award (2001) Professional Associations and Activities Hill Tucker Bar Association (National Bar Association affiliate), Past President National Association of Government Labor Officials, Past President American Society of Safety Professionals Virginia Safety and Health Codes Board Associated General Contractors of Virginia Virginia Manufacturers Association Lewis F. Powell, Jr. American Inn of Court Virginia Bar Association, Administrative Law Section Richmond Bar Association, Administration of Justice Committee Pro Bono and Community Involvement "Reaching Back" Scholarship to benefit African American law students Henrico County NAACP Pro Bono Committee Governor’s Commission to Ensure Integrity and Public Confidence in State Government William and Mary Law School Alumni Association, Former President Published Works ”Los Angeles, New York Impose New Construction Requirements and Restrictions Due to COVID-19,” OSHA Blog (2020) “OSHA Recommends Best Practices to Prevent Whistleblower Retaliation,” OSHA Blog (2020) “Hidden Costs of an OSHA Citation,” OSHA Blog (2019) “U.S. House Committee to Focus on Workforce Protections,” OSHA Blog (2019) “A Kindler, Gentler OSHA for Construction?” OSHA Blog (2018) "VPP Act Is On the Move in Congress," EHS Today (2016) Federal Law Employment Issues (Handbook of Virginia Local Government Law, 2015, 2016) "The Safety Scorecard: The Dos and Don’ts of an OSHA Inspection," Scaffold & Access Magazine (2015) “OSHA Targets Misclassification in Virginia,” Virginia Chamber of Commerce (2015) “Can You Claim Employee Misconduct? Take the Legal Test,” EHS Today (2014) “Untying the Gordian Knot of Misclassification,” The Virginia Manufacturer (2014) "From “Blackfish” to Blacklist: Show Biz Gets No Break from OSHA," The Virginia Manufacturer (2014) “HazCom Training: Don’t Panic,” EHS Today (2014) "Independent Contractor Liability: Your Risks and Obligations," Business Legal Resources (2014) "OSHA Enforcement of the “As Effective As” Standard for State Plans: Serving Process or People?," 46 U. Rich. L. Rev. 323, 345 (2011) Speeches “OSHA Compliance, Best Practices and Enforcement in the COVD-19 Era,” Washington, DC National Electrical Contractors Association (June 2020) “What’s New With OSHA?” Scaffold and Access Industry Association (New Orleans, September 2019) “Handling an OSHA Inspection,” American Society of Safety Professionals (New Orleans, June 2019) “General Contractor and Prime Subcontractor OSHA Liability at Multiemployer Worksites,” Associated General Contractors (Denver, April 2019) “How to Get Your Safety Message Across to Today’s Temporary Workforce,” Business and Legal Resources (Austin, Texas, October 2016) (panelist) “The Dos and Don’ts of an OSHA Inspection,” Sealant, Waterproofing and Restoration Institute (Philadelphia, Pennsylvania, September 2016) "The Benefit of Becoming an OSHA Whisperer: Speaking the Language of Regulators," Cintas Corporation Annual Meeting (2015) "OSHA Citations: When and How to Contest Them to Maximize the Benefit to Your Company," Business Legal Resources (2015) (webinar) "Workplace Violence in Assisted Living – Your Rights and Responsibilities," Virginia Assisted Living Fall Conference (2014) "Reducing OSHA Exposure in Nursing and Health Care," Virginia Occupational Safety and Health Conference (2014) "Have the FLSA Auditors or OSHA Inspectors Knocked on Your Client’s Door Lately? Be Sure You Know What to Do When They Do," Richmond Bar Association (2014) (co-presenter) "What to Do (and Not Do) When OSHA Comes Knocking," Virginia Business Consortium (2014) "Temporary Workers, Right to Work, Collective Bargaining, and the U.N. Globally Harmonized System of Classification and Labeling of Chemicals," Canadian Association of Administrators of Labour Legislation (2013)

Kristina H. Vaquera is the office managing principal and office litigation manager of the Norfolk, Virginia, office of Jackson Lewis P.C. Her practice focuses exclusively on labor and employment counseling and litigation. Kristina represents employers in federal and state court lawsuits and agency investigations and charges covering a wide range of statutes and subjects, including anti-discrimination and civil rights laws, wrongful termination claims, disability accommodation and access, wage and hour laws, covenants not to compete, leave of absence claims, negligent hire/retention, and breaches of fiduciary duty and contract, as well as traditional labor issues, including bargaining and negotiations. Kristina has litigated class and collective actions, including FLSA, FCRA, and discrimination class actions. She also represents clients in grievances, mediations, arbitrations, and charges before various national and state entities. As part of Kristina’s counseling practice, she provides daily counseling and training to management to help employers avoid litigation. She assists clients with employment agreements, handbooks, background checks and drug testing issues, and disciplinary action. She represents employers before the Equal Employment Opportunity Commission, National Labor Relations Board, Department of Labor, and numerous state agencies, such as the Virginia Employment Commission, Virginia Department of Labor and Industry, Virginia Department of Housing Discrimination, and Virginia Worker’s Compensation Commission. Kristina speaks extensively on various employment topics, including to the Virginia and Hampton Roads Society of Human Resource Managers, Virginia State Bar Labor and Employment Section, Equal Employment Opportunity Commission, Virginia Employment Commission, International Professional Managers Association, Virginia Government Contract Attorneys Association, Society of Designers and Architects, local chambers of commerce, Hampton Roads Industrial Liaison Group, PINK! Women Business Owners Conference, Public Media Business Association, the American Council of Engineering Companies, and the Retail Association of Hampton Roads. She lives in Hampton Roads with her family. Honors and Recognitions The Best Lawyers in America©, "Employment Law - Management" (2020) Martindale-Hubbell®, "AV Preeminent® - Peer Rated for Highest Level of Professional Excellence" (2012-present) Super Lawyers®, "Rising Stars" (2007, 2010-2013) and "Super Lawyer" (2014-present) Virginia Lawyers Weekly, Influential Women of Law (2020) Virginia’s Inside Business, "Top 40 under 40" professionals (2003) Virginia Legal Elite: Young Lawyer (2009) Professional Associations and Activities Hampton Roads Chamber of Commerce, Chesapeake Division, Board of Directors (2007-2013) Hampton Roads Society of Human Resource Management, Board of Directors (2013-Present) (Legal Affairs Director (2013-2015; Secretary (2015-2017); President Elect (2017); President (2018); President Emeritus (2019); Director of Programs (2020 to present) Hampton Roads Network for Executive Women, Founder (2003-2009) LEAD Hampton Roads (2003) Norfolk-Portsmouth Bar Association Federal Bar Association Virginia Bar Association Pro Bono and Community Involvement Girl Scouts of the USA Kappa Kappa Gamma Alumnae Association St. Matthew’s School – President, Parent Teacher Guild; Room Parent Coordinator Published Works Virginia Employer's Guide to Hiring and Firing. NA: 2007. [Co-Author] The Developing Labor Law. NA: 2000. [Contributing Editor]