From Am Law 200 Chair to Co-Founding Conn Maciel Carey: Kara Maciel on Leaving Big Law to Build a Boutique Employment Firm, Compliance Mistakes Startups Make, and What Non-Unionized Companies Need to Know About the NLRA

Kara M. Maciel is a co-founding partner of Conn Maciel Carey LLP and Chair of the firm's national Labor & Employment Practice Group. But her path to co-founding a successful boutique employment law firm came after serving as Chair of the Hospitality Employment and Labor Law Outreach Practice at Epstein Becker & Green, an Am Law 200 firm.

Kara co-founded Conn Maciel Carey in 2014 with a vision to provide employers with proactive, strategic counsel. The firm focuses on labor and employment law, workplace safety (OSHA and MSHA), and litigation, representing employers across all industries with particular expertise in hospitality (hotels, resorts, restaurants, country clubs), retail, grocery, food distribution, healthcare, trade associations, and nonprofits.

Recognized in DC Super Lawyers since 2014, recommended in The Legal 500 United States (Labor-Management Relations category), and recipient of the 2014 Burton Award for Legal Writing for her article "For Employers with High Turnover and Large Numbers of Seasonal Workers, the ACA Creates Unique Compliance Issues," Kara has established herself as a leading voice in employment law. She's a member of IR Global's Employment Law Group, a multi-disciplinary professional services network spanning 155+ jurisdictions, and served on the Board of Directors for Women Chefs and Restaurateurs.

Kara represents employers in litigation at both federal and state levels, handling matters involving ADA, FLSA, FMLA and Title VII. She advises clients on protecting trade secrets and pursuing enforcement against former employees, provides counsel to both unionized and non-unionized workplaces regarding employer rights under the National Labor Relations Act, and serves as chief negotiator for management at collective bargaining negotiations. She represents employers in union election campaigns and defends companies before the Department of Labor regarding workplace safety whistleblower complaints.

A popular speaker at conferences and events across the country, Kara writes extensively on ADA accessibility, wage/hour compliance, ACA strategies, prevention of harassment and discrimination, tip credit/tip pools/service charge compliance, effective employment policies and procedures, employee handbook development, and managing unionized workforces. She's frequently quoted as an authority by media outlets and authors "The Employer Defense Report," providing legal updates on labor and employment issues.

Based in the Washington, D.C. area, Kara provides unique perspective to international and multinational corporations on doing business in the United States from both federal statutory and regulatory perspectives as well as compliance with state and local business requirements. She lives with her husband and two young children.

In this Q&A, Kara shares why she left the platform and resources of Big Law to co-found a boutique firm in 2014 (when her daughter was born), the most critical employment law mistakes she sees startups make, and what non-unionized companies need to know about the NLRA and employee organizing rights.

From Am Law 200 to Co-Founding Conn Maciel Carey - Building a Boutique Employment Law Firm That Prioritizes Practical Solutions

You co-founded Conn Maciel Carey LLP in 2014 after serving as Chair of the Hospitality Employment and Labor Law Outreach Practice at Epstein Becker & Green (an Am Law 200 firm). Today, as a Co-Founding Partner and Chair of the national Labor & Employment Practice Group, you lead a boutique firm focused on providing strategic counsel to employers across industries. You've been recognized in DC Super Lawyers (2014-present), Legal 500, and received the 2014 Burton Award for Legal Writing. For female attorneys considering leaving Big Law to start their own practices, what prompted your decision to co-found a boutique firm rather than continue at a major platform? How did you and your co-founder structure the firm to compete with larger practices while maintaining the flexibility and client focus that drew you away from Big Law, and what advice would you give women about building credibility and attracting clients when launching a new firm?

In 2013, my second child—my daughter—was born. At that time, I realized I wanted more flexibility and control over my work: the kind of work I did, the clients I served, and how I billed for my services. I wanted the freedom to determine my own rate structure and how I delivered value. In addition, I wanted to be a strong role model for my daughter to show her that, as a woman, you can lead, you can own a business, and you can define your own path.

The kind of work that Eric Conn, my co-founder, and I do, labor and employment and workplace safety, does not naturally fit the big law firm model. At those firms, we were often brought in only after a catastrophe had occurred or a major bet-the-company lawsuit was filed. The high rates and rigid structures didn’t support proactive engagement. To us, true partnership means helping clients prevent problems, not just respond to them. That requires trust, accessibility, and flexibility. At a smaller and more agile platform, which we are, our clients feel comfortable calling us early, when issues are still small. We help them manage risk, protect employees, and address problems before they escalate. We still handle the big events—but we do so with greater value, more impact, and a true commitment to long-term compliance and success.

One of the best resources I recommend to women is to get involved in the local Bar Association’s course on starting your own firm. It covers the essential nuts and bolts, from business structure to compliance. It’s a must for anyone thinking of hanging out their own shingle. That said, some of the best advice I received is that while lawyers are often great at lawyering and client relationships, they may not naturally excel at running the operational side of a business, things like payroll, insurance, taxes, HR policies, and compliance. So, be prepared: either accept that some of your time will shift from client work to operations or invest in people who can manage those functions. Knowing your strengths and where you need support is key to long-term success.

Employment Compliance Mistakes Startups and Growing Companies Make - From Misclassifying Workers to Skipping Employee Handbooks

You represent employers in all aspects of the employment relationship, defending companies in litigation involving ADA, FLSA, FMLA, Title VII, and affirmative action/OFCCP regulations. You're a popular speaker and writer on topics including wage/hour compliance, harassment/discrimination prevention, employee handbooks, and labor relations. For female founders building startups and scaling companies, what are the most critical employment law mistakes you see early-stage companies make? How should founders think about employee vs. contractor classification, when they actually need formal employee handbooks and policies, and what compliance issues they can handle in-house versus when they need to bring in employment counsel? What are the red flags that a company is headed for an employment lawsuit or DOL investigation?

For female founders scaling early-stage companies, common employment law mistakes include:

• Worker misclassification: Treating employees as independent contractors can trigger back pay, tax liability, and penalties.
• Informal hiring practices: Lack of clear job descriptions, consistent interviews, and documentation increases discrimination risk.
• Wage-and-hour violations: Equity or deferred compensation does not replace minimum wage and overtime requirements.
• Missing agreements and policies: Without proper contracts, IP protection, and workplace policies, startups risk disputes and asset loss.  
• Delayed compliance planning: Employment laws change quickly and vary by location; addressing compliance early helps avoid costly setbacks as companies scale.

Founders should carefully evaluate employee vs. contractor classification using legal standards (not just titles or pay method) because misclassification carries significant wage-hour and tax risk. Federal and state laws assess factors like control and integration of work into the business; getting this right early helps avoid costly enforcement actions. A formal employee handbook and policies become important once you have multiple hires and need consistent, legally compliant expectations on conduct, leave, anti-harassment, wage and workplace safety practices — both for compliance and defense in disputes. Basic compliance like timekeeping or classification audits can be handled in-house, but drafting handbooks, classification analyses, or addressing evolving multi-jurisdictional laws is when employment counsel should be engaged.  Having a strong partner with employment counsel at the outset of company formation is critical as many states and localities have compliance obligations that occur with the first hire, such as paid leave and harassment laws.  

Red flags that a company may be headed for an employment lawsuit or DOL investigation often start with recurring compliance gaps. Common triggers include wage-and-hour issues such as misclassifying workers, failing to pay proper overtime or minimum wage, permitting “off-the-clock” work, and poor recordkeeping — all of which frequently prompt complaints to the DOL and wage-hour investigations. Other red flags are patterns of inconsistent policies or enforcement, repeated employee complaints, frequent informal practices instead of documented procedures, and a failure to address credible reports of harassment or discrimination. These conditions increase the risk of government scrutiny or litigation. Consistent compliance and proactive audits can help catch issues before they escalate.

Navigating Federal Labor Law and the NLRA - What Non-Unionized Employers Need to Know About Employee Rights

You provide advice and counsel to both unionized and non-unionized workplaces regarding employer rights under the National Labor Relations Act. You've also served as chief negotiator for management at collective bargaining negotiations and represented employers in union election campaigns. One common misunderstanding is that the NLRA only applies to unionized employers, but it actually applies to most private sector employers regardless of size or union status. For female founders and executives who've never dealt with labor relations, what do non-unionized companies need to know about the NLRA and employee organizing rights? What are the warning signs that employees might be organizing, how should companies respond (and what should they absolutely avoid doing), and what's your advice for founders about building positive employee relations that reduce the likelihood of unionization in the first place?

For founders unfamiliar with labor relations, it’s crucial to know that the NLRA applies even in non-union workplaces and protects employees’ rights to engage in “protected concerted activity” — like discussing wages, working conditions, or organizing, whether or not they ultimately form a union. Employers must avoid actions that interfere with, restrain, or coerce employees from exercising these rights, such as threatening retaliation for group discussions or discouraging organizing efforts. Non-union companies should focus on positive employee relations and lawful communication. While basic understanding can be handled in-house, when employee organizing arises or legal boundaries become unclear, employment counsel should be consulted to ensure NLRA compliance and avoid unfair labor practice risks. 

Warning signs of employees organizing often start with underlying dissatisfaction — persistent complaints about pay, inconsistent policies, slow responses to workplace issues, or low morale can signal that workers are talking collectively about their terms and conditions of employment. Trends like increased discussion of workplace concerns or informal group meetings about work conditions may indicate early organizing activity. Addressing these underlying issues proactively and lawfully is key. 

When employees begin organizing, companies must respond lawfully. Under the NLRA, employers cannot restrain, coerce, interrogate, threaten, surveil, or promise benefits to influence employees’ organizing decisions — actions that could expose the company to unfair labor practice charges. Instead, employers should focus on open, respectful communication and address legitimate workplace concerns rather than trying to suppress organizing. 

Founders should build positive employee relations early by treating employees fairly, applying policies consistently, offering competitive pay and benefits, and providing channels for feedback and dialogue.  

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