Leading companies and industry associations look to Courtney M. Malveaux — a former Virginia labor commissioner — for guidance in complying with safety and health standards, responding to workplace incidents and managing risk.
Courtney advises clients on occupational safety and health matters, representing employers in investigations and citations by the Occupational Safety and Health Administration (OSHA) and other regulatory agencies, oftentimes following catastrophic incidents. He works closely with McGuireWoods’ crisis management and incident response team to help corporate clients devise multifront strategies to mitigate risk in the aftermath of a catastrophic event.
Courtney counsels 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.
As Virginia’s labor commissioner, Courtney enforced occupational safety and health and other state and federal labor laws while serving as president of the National Association of Government Labor Officials. He also represented industry on the Virginia Safety and Health Codes Board and formed 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.
A member of William & Mary’s board of visitors and a former president of the William & Mary Law School Alumni Association, Courtney created the “Reaching Back” Scholarship Endowment, which provides need-based scholarships to graduates of historically black colleges and universities.
“As a business attorney and as a former regulator, I speak the language of both sides to help employers get back to the business of doing business. Knowledge of the law and OSHA standards is only the starting point. Intimate knowledge of the agency is the key to getting superior results.”
Experience
- Reversal of multiple OSHA citations based on controlling employer doctrine.
- Dismissal of multiple litigated OSHA citations due to inapplicability of cited standard.
- Dismissal of litigated OSHA citation on grounds of agency delay.
- Successful motions to compel OSHA to identify informants.
- Reclassification of multiple “Willful” and “Repeated” citations.
- Enactment of state laws to establish voluntary OSHA compliance and child labor law reform.
- Testimony in federal and state legislative committees on OSHA legislation and budgets.
- Presentations at international regulatory conferences on U.S. workplace safety law.
- William & Mary Law SchoolJD2002
- The George Washington UniversityMA1998
- The Pennsylvania State UniversityBA1993
- Member, American Society of Safety Professionals, 2014-present
- Member, Associated General Contractors of Virginia, 2013-present
- Administrative Law Section, Virginia State Bar Association, 2013-present
- William & Mary Law School Foundation Board, 2021-2023
- Industry Representative, Virginia Safety and Health Codes Board, 2014-2021
- President, William & Mary Law School Alumni Association, 2016-2018
- President, National Association of Government Labor Officials, 2012-2013
- Governor’s Commission to Ensure Integrity and Public Confidence in State Government, 2010-2013
- President, Hill Tucker Bar Association (National Bar Association affiliate), 2009-2010
- Speaker, "Workplace Safety and Health Meeting," Louisiana Chemical Association, November 13, 2024
- Panelist, "Virginia Occupational Safety & Health (VOSH) Regulatory Workshop & Panel Discussion," Virginia Environmental Health & Safety Conference (VEHS), Virginia Manufacturers Association, September 19, 2024
- Panelist, "Drug Testing, Workplace Safety and Collective Bargaining ," Labor and Employment Relations Association (Virginia Chapter), September 10, 2024
- Speaker, "OSHA Compliance, Best Practices and Enforcement in the COVID-19 Era," National Electrical Contractors Association, Washington, D.C., 2020
- Speaker, "What’s New With OSHA?," Scaffold & Access Industry Association, New Orleans, 2019
- Speaker, "Handling an OSHA Inspection," American Society of Safety Professionals, New Orleans, 2019
- Speaker, "General Contractor and Prime Subcontractor OSHA Liability at Multiemployer Worksites," Associated General Contractors, Denver, CO, 2019
- Panelist, "How to Get Your Safety Message Across to Today’s Temporary Workforce," Business and Legal Resources, Austin, TX, 2016
- Speaker, "The Dos and Don’ts of an OSHA Inspection," Sealant, Waterproofing and Restoration Institute, Philadelphia, PA, 2016
- Speaker, "The Benefit of Becoming an OSHA Whisperer: Speaking the Language of Regulators," Cintas Corporation Annual Meeting, 2015
- Speaker, "OSHA Citations: When and How to Contest Them to Maximize the Benefit to Your Company," Business Legal Resources, Webinar, 2015
- Speaker, "Workplace Violence in Assisted Living – Your Rights and Responsibilities," Virginia Assisted Living Fall Conference, 2014
- Speaker, "Reducing OSHA Exposure in Nursing and Health Care," Virginia Occupational Safety and Health Conference, 2014
- Co-speaker, "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
- Speaker, "What to Do (and Not Do) When OSHA Comes Knocking," Virginia Business Consortium, 2014
- Speaker, "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
- Virginia
- Supreme Court of Virginia
- U.S. Court of Appeals for the Fourth Circuit
- U.S. District Court for the Eastern District of Virginia
- U.S. District Court for the Western District of Virginia
- U.S. Bankruptcy Court for the Eastern District of Virginia
- Named a “Legal Elite”, Virginia Business Magazine, 2014-2020, 2021-present
- Recipient, “Go-To Thought Leadership Award,” Employment Law, The National Law Review, 2020
- Recipient, William & Mary Law School, Distinguished Alumnus Award, 2012
- Recipient, Virginia Leadership Institute, Political Inspiration Award, 2008
- Recipient, William & Mary Law School, Wythe Award, 2002
- Recipient, William & Mary Law School, Marshall-Wythe Gambrell Professionalism Award, 2001
- Interview, "New OSHA Rule Gives Hazy Guidance on Safety Inspection Tagalongs," Bloomberg Law, 2024
- Interview, "Employers Face a More Aggressive OSHA," Business Insurance, 2023
- Author, "Manufacturers Can Expect Emphasis on Prevention of Heat Illness in Workplaces," OSHA Blog, 2021
- Author, "OSHA Recommends Best Practices to Prevent Whistleblower Retaliation," OSHA Blog, 2020
- Author, "Hidden Costs of an OSHA Citation," OSHA Blog, 2019
- Author, Federal Law Employment Issues, Handbook of Virginia Local Government Law, 2015-2016
- Author, "The Safety Scorecard: The Dos and Don’ts of an OSHA Inspection," Scaffold & Access Magazine, 2015
- Author, "OSHA Targets Misclassification in Virginia," Virginia Chamber of Commerce, 2015
- Author, "Can You Claim Employee Misconduct? Take the Legal Test," EHS Today, 2014
- Author, "Untying the Gordian Knot of Misclassification," The Virginia Manufacturer, 2014
- Author, "From ‘Blackfish’ to Blacklist: Show Biz Gets No Break from OSHA," The Virginia Manufacturer, 2014
- Author, "HazCom Training: Don’t Panic," EHS Today, 2014
- Author, "Independent Contractor Liability: Your Risks and Obligations," Business Legal Resources, 2014
- Author, OSHA Enforcement of the ‘As Effective As’ Standard for State Plans: Serving Process or People?, 46 U. Rich. L. Rev. 323, 345, 2011