Bethany C. McCurdy

Bethany advises and represents employers on the many facets of the employment relationship. Clients turn to her for counsel on the everyday dealings of employees, such as accommodating disabled employees, administering the Family and Medical Leave Act (FMLA), and reviewing handbooks and policies. She also provides support and counsel to clients in OSHA inspections and workplace safety related matters.

Bethany frequently defends employers against discrimination complaints alleging unfair treatment on the basis of age, disability, sex, race, and other protected classes. She has represented employers in matters involving wage and hour claims pertaining to overtime and misclassification. Bethany is skilled in providing hands-on training in areas such as disability accommodation, FMLA, and harassment to both management and employees. She has successfully negotiated claims directly and through mediation, assisting her clients in resolving quickly and avoiding litigation. She has also successfully defended clients in all facets of OSHA related matters from the agency involvement pre-inspection through contested citations and litigation. Bethany’s experience in workplace safety also gives her the ability to help employers proactively assess risk and correct any potential violations.

Solutions in action

• Successfully negotiated settlement in FLSA misclassification case for construction client.
• Achieved summary judgment in an age discrimination case for a national client where a high level employee’s position was eliminated.
• Successfully representing both public and private employers in discrimination cases with both the Equal Rights Division and the Equal Opportunity Employment Commission.
• Achieved a dismissal in an Equal Rights Division arrest record case for a high profile public employer, saving the client from a six figure damages award.
• Successfully represented clients with OSHA in two confined space fatality cases and a combustible dust case and reduced the classification of citations and significantly reduced the penalties in each matter.
• Provided guidance to construction industry groups on compliance with OSHA’s heat injury and illness prevention initiative.