An experienced OSHA and employment lawyer, litigator and advisor, Wayne partners with in-house counsel, safety professionals, HR executives, and company leadership to identify and solve a full range of workplace legal challenges, particularly those involving workplace safety and health issues.
OSHA Compliance and Defense
Wayne has advised and represented clients in response to investigations, citations and claims under the Occupational Safety and Health Act (OSH Act), enforced by the Occupational Safety and Health Administration (OSHA), and defended clients in OSHA-related administrative proceedings before the OSHA Review Commission. Wayne provides strategic advice, conducts workplace safety compliance audits and develops policies that helps employers mitigate compliance risk, avoid violations, and respond effectively to OSHA inspections and investigations. His clients are included in the following industries: health care, manufacturing, distribution, warehousing, hospitality services, construction, retail, and technology.
Wayne utilizes a pragmatic, comprehensive approach to assist clients with not only complying with OSHA’s often burdensome demands, but also in managing the risks, as well as the costs, associated with noncompliance, by:
- providing compliance guidance with regulation-specific programs, meeting OSHA reporting requirements, and developing safety and health programs and policies
- offering employee training on OSHA safety measures and other employment law matters
- conducting thorough internal investigations to arm clients with the facts and helping them determine their best course of action
- acting as a liaison with OSHA investigators
- overseeing on-site inspections and management interviews with governmental officials
- advocating when the best option is to contest a citation
- finding avenues to reduce fines and penalties and improve clients’ long term relationship with OSHA
- defending against OSHA safety-related retaliation claims by current and former employees
In addition, clients benefit from Wayne’s far-reaching employment law experience, which enables him to see the broader implications of workplace safety and health on other employment-related issues.
Labor and Employment Counsel
Wayne is experienced in developing strategies to contain costs associated with employee relations, personnel, and employment issues. He advises clients on leave and disability matters at the federal and state level and on employment discrimination, diversity, sexual harassment, wage and hour compliance, and workforce reductions. He also conducts in-house training sessions on topics including leave and disability, hiring practices, employee discipline, terminations, investigations, harassment prevention, and supervisory skills and practices.
Wayne defends employers in federal, state, and administrative courts in claims involving discrimination, wrongful discharge, employee whistleblower, and wage and hour collective actions. In addition, Wayne handles disputes concerning restrictive covenants and trade secrets and assists clients with the creation of noncompetition, nonsolicitation, and nondisclosure agreements.
Wayne speaks on topics such as OSHA compliance and dealing with investigations, the interplay between the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA), addressing workplace harassment, the Fair Labor Standards Act (FLSA) compliance and internal investigations.
