Susan Wiltsie

Susan F. Wiltsie’s practice focuses on labor, employment and OSHA compliance, litigation and defense. Susan’s practice includes comprehensive OSHA/MSHA representation of employers across all industry sectors.

Her OSHA/MSHA practice includes compliance assistance, training, citation defense, participation in rulemaking, appellate administrative litigation, whistleblower cases, creation/oversight of PSM/RMP and general OSHA audit programs, and fatality/serious injury accident investigation.

Susan has 30 years of experience representing employers in all aspects of the employer-employee relationship including discrimination, harassment, whistleblower, tort claims, contract claims, defamation, wrongful discharge, trade secret, covenants not to compete, duty of loyalty, wage/hour, retaliation, FMLA, ADA, and WARN Act. She has particularly broad experience regarding medical issues in the workplace, with a keen understanding of the interplay between federal/state family and medical leave laws, federal/state disability laws, state/local sick pay laws, OSHA and workers’ compensation.

She advises regarding the management of infectious disease and contamination in the workplace. Her experience extends to representation of employers with unionized workforces including a substantial number of collective bargaining, labor arbitration and unfair labor practice matters and advice relating to contract compliance and grievance handling.

She has handled a significant number of large and small reductions in force and voluntary retirement programs.

Susan has been admitted to practice in the Virginia state courts, Eastern and Western Federal District Courts of Virginia, District of Columbia Superior Court, District of Columbia Federal District Court, Federal District Court of Maryland, Court of Appeals for the District of Columbia Circuit, Court of Appeals for the Fourth Circuit, and the US Supreme Court. She has represented employers in employment and/or OSHA/MSHA litigation in almost every state in the continental United States.

Experience:

• Develops and implements PSM/RMP and general occupational safety and health compliance audit programs for employers across all industry sectors.
• Participates in all aspects of OSHA/MSHA rulemaking, including administrative litigation over final rules.
• Counsels employers regarding OSHA obligations and provides representation in citation contests. Substantial experience in significant injury and fatality accident investigations.
• Represents employers in lawsuits and agency proceedings in cases involving employment discrimination, harassment, whistleblower, employment torts, contract disputes, retaliation, reduction in force, FCRA, FLSA, FMLA, and wrongful discharge, including class action defense.
• Trains managers and employees on preventative practices to avoid employment litigation and OSHA citation.
• Assists companies with the preparation of emergency response plans to address infectious disease outbreaks and other natural and man-made disasters.
• Counsels employers with respect to all facets of the employer/employee relationship, including discrimination and harassment issues, wage and hours issues, safety and health issues, covenants not to compete, and confidentiality agreements.
• Counsels companies regarding access and accommodation obligations under Title III of the ADA
• Reviews and prepares employee handbooks, corporate policies and employment agreements.
• Represents unionized employer with respect to all aspects of collective bargaining relationship, including contract negotiation, contract interpretation, grievances, arbitration, defense of unfair labor practices, and litigation.
• Represents employers in state law unfair competition, trade secret and business tort cases.
• MSHA advice, accident investigation, and citation defense for mining companies.
• Advice to and representation of federal contractors regarding their anti-discrimination, affirmative action, Davis-Bacon and other legal compliance issues. Preparation of affirmative action plans.
• Preparation, negotiation, and litigation of executive employment agreements.

EDUCATION:

• JD, Wake Forest University School of Law, cum laude, 1989
• BA, English and Government, The College of William & Mary, 1984

BAR ADMISSIONS:

• District of Columbia
• Virginia

Memberships:

• Member, American Bar Association