Tim McConville is a principal in the labor and employment practice group at Odin, Feldman & Pittleman, P.C., and represents employers in all aspects of the employer-employee relationship. His experience includes the defense of Fortune 500 and multi-national companies as well as small and mid-sized employers in litigation and agency matters. He has defended employers in Virginia, Maryland, the District of Columbia, and around the nation.

Mr. McConville also specializes in counseling management in labor and employment issues, emphasizing timely analysis and practical solutions to accomplish organizational goals and legal compliance. He advises government contractors on legal requirements enforced by the Office of Federal Contract Compliance Programs (OFCCP), including Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, as amended, and Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended.

Previously Vice President of the National Right to Work Legal Defense Foundation, Mr. McConville has significant experience in helping employers maintain a union-free environment. His labor relations practice also includes collective bargaining and other labor relations matters on behalf of unionized employers. He is President and Chairman of the Board of the National Institute for Labor Relations Research.

Recognized in The Best Lawyers in America® lists in 2010, 2011, 2012, and 2013, he was also named one of Virginia's "Legal Elite" by Virginia Business magazine in 2009, 2010, 2011, and 2012 and selected for inclusion as a Virginia Super Lawyers Rising Star in 2007. Mr. McConville frequently authors articles and lectures on labor and employment matters. 

Practice Areas:

• Employment litigation, including cases under Title VII, ADA, ADEA, FLSA, FMLA, ERISA
• Employment law compliance, including equal employment opportunity, wage-hour, family and medical leave, and benefits
• Counseling and handling sensitive employment matters
• Preparation and review of policies and procedures
• Labor relations and employment law training
• Employment agreements, including non-competition and non-disclosure agreements
• Affirmative action plans and OFCCP audits
• Employee benefits and ERISA
• National Labor Relations Board certification election campaigns
• Unfair labor practice charges before the NLRB
• Collective bargaining negotiations
• Representation of employers in grievance and arbitration matters arising under collective bargaining agreements

Representative Clients by Industry:

• Manufacturing
• Healthcare
• Publishing
• Trucking
• Government Contracting
• Property Management
• Hospitality/Restaurants
• Construction
• Staffing
• Non-profits

Education:

• J.D., The Catholic University of America, 1996
• B.A., Political Science and English, cum laude, James Madison University, 1986

Professional Activities:

• National Institute for Labor Relations Research, Inc., Board of Directors, President and Chairman of the Board
• Society for Human Resource Management, Virginia State Council, Legislative Director, 2008-2011
• Northern Virginia Chapter of the Society for Human Resource Management
• Fairfax County Bar Association, Labor and Employment Section
• Virginia Bar Association: Labor Relations and Employment Law Section
• Federal Bar Association
• Hampton Roads Chamber of Commerce, Leadership Hampton Roads Participant, Class of 2004
• Virginia Zoological Society, Board of Directors, 2005-2008
• Virginia Bar Association/YMCA, Model Judiciary Program, Attorney-Advisor, 1997-2004
• Cypress Point North Neighborhood Watch, Founder and Coordinator
• Boy Scouts of America Tidewater Council #596, Executive Board Member, Council Member-at-Large 2003-2004
• James Madison University, Board of Visitors, Member, 1999-2003, appointed by Governor Jim Gilmore
• American Cancer Society, Little Creek Cup Regatta, Co-Chairman, 1999-2000
• American Cancer Society, Little Creek Cup Regatta, Logistics Chairman, 1998
• Willcox & Savage, P.C., Partner, 2005-2008; Associate Attorney 1997-2004
• National Right to Work Legal Defense Foundation, Inc., Vice President, 1990-1997
• National Right to Work Committee, Director of State Legislation, 1988-1990

Reported Cases:

• Lewis v. Norfolk Southern Corp., 271 F. Supp. 2d 807 (E.D. Va. 2003)
• Bernard v. Household International, Inc., 231 F. Supp. 2d 433 (E.D. Va. 2002)
• Briggs v. Chesapeake Volunteers in Youth Services, Inc., 68 F. Supp. 2d 711 (E.D. Va. 1999)

Publications:

• "Expanded Enforcement Wage and Hour Rules at Grain Handling Facilities--What it Means for Industry," Government and Grain, National Grain and Feed Association, Volume 59, Number 2, August 9, 2012
• "Depression-Era FLSA Clashes with Today's Digital Workplace," Virginia Human Resources Today, Virginia Society for Human Resources, Spring 2012
• "NLRB Aggressive in Aid to Big Labor," Virginia Human Resources Today, Virginia Society for Human Resources Management, Winter/Spring 2012
• "Virginia General Assembly Addresses Employment Issues," Virginia Human Resources Today, Virginia Society for Human Resource Management, Summer/Fall 2011.
• "The ADA's Evolution Means More Challenges for HR," Virginia Human Resources Today, Virginia Society for Human Resource Management, Winter/Spring 2010
• "Federal Health Care Overhaul Under Fire as States Challenge Mandates," Virginia Human Resources Today, Virginia Society for Human Resource Management, Summer/Fall 2010
• "Nine Policies and Practices to Improve Control of FMLA Leave," Family and Medical Leave Handbook, Thompson Publishing, July 2007
• "Bill Supports Unions," Inside Business, April 2, 2007
• "Law of Damages in the Workplace," Law of Damages in Virginia, Virginia Continuing Legal Education programs, 2000, 2003, 2005, 2008
• "Employment Agreements," Employment Law in Virginia, Virginia Continuing Legal Education programs, 2005, 2007
• "Employers Need to Understand New Overtime Pay Regulations," The Virginian-Pilot, August 15, 2004
• "Monopoly Unionism Under the National Labor Relations Act: An Abrogation of Common Law Agency Doctrine," Labor Law Journal, CCH Publishing, August 1995

Speaking Engagements:

• NLRB and DOL Aim to Boost Union Organizing, Central Virginia Society for Human Resource Management, Annual Legislative Update, September 8, 2011
• Mastering The Hardest Problems Under The FMLA, Odin, Feldman & Pittleman Seminar, March 31, 2011 (presented with Lauren Piana)
• The 112th Congress: The Landscape Has Changed and What It Means for HR, Virginia Society for Human Resource Management, State Council Leadership Conference, January 8, 2011 (presented with Robert Carragher)
• Doubling the Size of Your Business, 7 Things a CEO Should Do Now to Take Advantage of the Economic Recovery, CEO Invitation Networking and Education Event, December 2, 2010, (presented with Jon Frieden and Eric Koefoot) 
• An Outlook for Workplace Public Policy in the Waning Days of the 111th Congress, Central Virginia Society for Human Resource Management, September 9, 2010
• Constant Change in Labor and Employment Law, Halt, Buzas, & Powell, Ltd., Semi-Annual Non-Profit Organization Symposium, October 20, 22, 2009
• A New To-Do List: Changing Your FMLA and ADA Practices, American Gas Association, April 30, 2009
• Law of Damages in the Workplace, Law of Damages in Virginia, Virginia Continuing Legal Education programs, April 16, 2009
• The FMLA and ADA Have Changed. . . . Are You Ready?, Odin, Feldman & Pittleman Seminar, November 12, 2008
• Developments in Labor and Employment Law, Troy University/Hampton Roads Society for Human Resource Management: Fall Business Series, September 25, 2008
• Changes in the FMLA Rules: The Labor Department’s New Regulations, Strayer University Society for Human Resource Management, July 12, 2008
• Changes in the FMLA Rules: The Labor Department’s New Regulations, Peninsula Personnel Association, May 13, 2008
• New Developments & New Directions From the EEOC, Virginia Employment Commission, Employer Advisory Committee, Oct. 11, 2007
• Strategies for a Union-Free Workplace, Hampton Roads Chamber of Commerce Business Education Series, Aug. 9, 2007
• Tipping the Scales Toward the Unions, Willcox & Savage Seminar, May 2, 2007
• Trends in Labor Relations, Virginia Association for Non-profit Homes for the Aging, Feb. 28, 2007
• Walking the FMLA Tightrope: Balancing Company Needs and Employee Rights, Willcox & Savage Seminar (presented with Susan R. Blackman, Esq.), Feb. 28, 2007
• Mastering the Hardest Problems Under the FMLA: Advanced Issues in Handling Employees’ Medical Conditions, Peninsula Personnel Association (presented with Susan R. Blackman, Esq.), Jan. 9, 2007
• What Every Executive Should Know, Client Managers and Supervisors, Nov. 2006
• What Every Supervisor Should Know, Client Managers and Supervisors, Oct. 31, 2006
• Independent Contractor or Employee – Practical Steps for Ensuring Independent Contractor Status, Client Managers and Supervisors, Aug. 30, 2006
• Strategies for a Union-Free Workplace, Hampton Roads Society for Human Resource Management, June 8, 2006
• Labor Relations Training, Client Managers and Supervisors, Dec. 28, 2005
• Changes in Overtime Rules: The U.S. Department of Labor’s Final Rule on Overtime Pay, Hampton Roads Executive Forum, Oct. 27, 2004

Admitted to Practice:

• Virginia
• U.S. District Court, Eastern and Western Districts of Virginia
• U.S. Court of Appeals, Fourth, Fifth, and Sixth Circuits

Tim McConville is a principal in the labor and employment practice group at Odin, Feldman & Pittleman, P.C., and represents employers in all aspects of the employer-employee relationship. His experience includes the defense of Fortune 500 and multi-national companies as well as small and mid-sized employers in litigation and agency matters. He has defended employers in Virginia, Maryland, the District of Columbia, and around the nation.

Mr. McConville also specializes in counseling management in labor and employment issues, emphasizing timely analysis and practical solutions to accomplish organizational goals and legal compliance. He advises government contractors on legal requirements enforced by the Office of Federal Contract Compliance Programs (OFCCP), including Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, as amended, and Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended.

Previously Vice President of the National Right to Work Legal Defense Foundation, Mr. McConville has significant experience in helping employers maintain a union-free environment. His labor relations practice also includes collective bargaining and other labor relations matters on behalf of unionized employers. He is President and Chairman of the Board of the National Institute for Labor Relations Research.

Recognized in The Best Lawyers in America® lists in 2010, 2011, 2012, and 2013, he was also named one of Virginia's "Legal Elite" by Virginia Business magazine in 2009, 2010, 2011, and 2012 and selected for inclusion as a Virginia Super Lawyers Rising Star in 2007. Mr. McConville frequently authors articles and lectures on labor and employment matters. 

Practice Areas:

• Employment litigation, including cases under Title VII, ADA, ADEA, FLSA, FMLA, ERISA
• Employment law compliance, including equal employment opportunity, wage-hour, family and medical leave, and benefits
• Counseling and handling sensitive employment matters
• Preparation and review of policies and procedures
• Labor relations and employment law training
• Employment agreements, including non-competition and non-disclosure agreements
• Affirmative action plans and OFCCP audits
• Employee benefits and ERISA
• National Labor Relations Board certification election campaigns
• Unfair labor practice charges before the NLRB
• Collective bargaining negotiations
• Representation of employers in grievance and arbitration matters arising under collective bargaining agreements

Representative Clients by Industry:

• Manufacturing
• Healthcare
• Publishing
• Trucking
• Government Contracting
• Property Management
• Hospitality/Restaurants
• Construction
• Staffing
• Non-profits

Education:

• J.D., The Catholic University of America, 1996
• B.A., Political Science and English, cum laude, James Madison University, 1986

Professional Activities:

• National Institute for Labor Relations Research, Inc., Board of Directors, President and Chairman of the Board
• Society for Human Resource Management, Virginia State Council, Legislative Director, 2008-2011
• Northern Virginia Chapter of the Society for Human Resource Management
• Fairfax County Bar Association, Labor and Employment Section
• Virginia Bar Association: Labor Relations and Employment Law Section
• Federal Bar Association
• Hampton Roads Chamber of Commerce, Leadership Hampton Roads Participant, Class of 2004
• Virginia Zoological Society, Board of Directors, 2005-2008
• Virginia Bar Association/YMCA, Model Judiciary Program, Attorney-Advisor, 1997-2004
• Cypress Point North Neighborhood Watch, Founder and Coordinator
• Boy Scouts of America Tidewater Council #596, Executive Board Member, Council Member-at-Large 2003-2004
• James Madison University, Board of Visitors, Member, 1999-2003, appointed by Governor Jim Gilmore
• American Cancer Society, Little Creek Cup Regatta, Co-Chairman, 1999-2000
• American Cancer Society, Little Creek Cup Regatta, Logistics Chairman, 1998
• Willcox & Savage, P.C., Partner, 2005-2008; Associate Attorney 1997-2004
• National Right to Work Legal Defense Foundation, Inc., Vice President, 1990-1997
• National Right to Work Committee, Director of State Legislation, 1988-1990

Reported Cases:

• Lewis v. Norfolk Southern Corp., 271 F. Supp. 2d 807 (E.D. Va. 2003)
• Bernard v. Household International, Inc., 231 F. Supp. 2d 433 (E.D. Va. 2002)
• Briggs v. Chesapeake Volunteers in Youth Services, Inc., 68 F. Supp. 2d 711 (E.D. Va. 1999)

Publications:

• "Expanded Enforcement Wage and Hour Rules at Grain Handling Facilities--What it Means for Industry," Government and Grain, National Grain and Feed Association, Volume 59, Number 2, August 9, 2012
• "Depression-Era FLSA Clashes with Today's Digital Workplace," Virginia Human Resources Today, Virginia Society for Human Resources, Spring 2012
• "NLRB Aggressive in Aid to Big Labor," Virginia Human Resources Today, Virginia Society for Human Resources Management, Winter/Spring 2012
• "Virginia General Assembly Addresses Employment Issues," Virginia Human Resources Today, Virginia Society for Human Resource Management, Summer/Fall 2011.
• "The ADA's Evolution Means More Challenges for HR," Virginia Human Resources Today, Virginia Society for Human Resource Management, Winter/Spring 2010
• "Federal Health Care Overhaul Under Fire as States Challenge Mandates," Virginia Human Resources Today, Virginia Society for Human Resource Management, Summer/Fall 2010
• "Nine Policies and Practices to Improve Control of FMLA Leave," Family and Medical Leave Handbook, Thompson Publishing, July 2007
• "Bill Supports Unions," Inside Business, April 2, 2007
• "Law of Damages in the Workplace," Law of Damages in Virginia, Virginia Continuing Legal Education programs, 2000, 2003, 2005, 2008
• "Employment Agreements," Employment Law in Virginia, Virginia Continuing Legal Education programs, 2005, 2007
• "Employers Need to Understand New Overtime Pay Regulations," The Virginian-Pilot, August 15, 2004
• "Monopoly Unionism Under the National Labor Relations Act: An Abrogation of Common Law Agency Doctrine," Labor Law Journal, CCH Publishing, August 1995

Speaking Engagements:

• NLRB and DOL Aim to Boost Union Organizing, Central Virginia Society for Human Resource Management, Annual Legislative Update, September 8, 2011
• Mastering The Hardest Problems Under The FMLA, Odin, Feldman & Pittleman Seminar, March 31, 2011 (presented with Lauren Piana)
• The 112th Congress: The Landscape Has Changed and What It Means for HR, Virginia Society for Human Resource Management, State Council Leadership Conference, January 8, 2011 (presented with Robert Carragher)
• Doubling the Size of Your Business, 7 Things a CEO Should Do Now to Take Advantage of the Economic Recovery, CEO Invitation Networking and Education Event, December 2, 2010, (presented with Jon Frieden and Eric Koefoot) 
• An Outlook for Workplace Public Policy in the Waning Days of the 111th Congress, Central Virginia Society for Human Resource Management, September 9, 2010
• Constant Change in Labor and Employment Law, Halt, Buzas, & Powell, Ltd., Semi-Annual Non-Profit Organization Symposium, October 20, 22, 2009
• A New To-Do List: Changing Your FMLA and ADA Practices, American Gas Association, April 30, 2009
• Law of Damages in the Workplace, Law of Damages in Virginia, Virginia Continuing Legal Education programs, April 16, 2009
• The FMLA and ADA Have Changed. . . . Are You Ready?, Odin, Feldman & Pittleman Seminar, November 12, 2008
• Developments in Labor and Employment Law, Troy University/Hampton Roads Society for Human Resource Management: Fall Business Series, September 25, 2008
• Changes in the FMLA Rules: The Labor Department’s New Regulations, Strayer University Society for Human Resource Management, July 12, 2008
• Changes in the FMLA Rules: The Labor Department’s New Regulations, Peninsula Personnel Association, May 13, 2008
• New Developments & New Directions From the EEOC, Virginia Employment Commission, Employer Advisory Committee, Oct. 11, 2007
• Strategies for a Union-Free Workplace, Hampton Roads Chamber of Commerce Business Education Series, Aug. 9, 2007
• Tipping the Scales Toward the Unions, Willcox & Savage Seminar, May 2, 2007
• Trends in Labor Relations, Virginia Association for Non-profit Homes for the Aging, Feb. 28, 2007
• Walking the FMLA Tightrope: Balancing Company Needs and Employee Rights, Willcox & Savage Seminar (presented with Susan R. Blackman, Esq.), Feb. 28, 2007
• Mastering the Hardest Problems Under the FMLA: Advanced Issues in Handling Employees’ Medical Conditions, Peninsula Personnel Association (presented with Susan R. Blackman, Esq.), Jan. 9, 2007
• What Every Executive Should Know, Client Managers and Supervisors, Nov. 2006
• What Every Supervisor Should Know, Client Managers and Supervisors, Oct. 31, 2006
• Independent Contractor or Employee – Practical Steps for Ensuring Independent Contractor Status, Client Managers and Supervisors, Aug. 30, 2006
• Strategies for a Union-Free Workplace, Hampton Roads Society for Human Resource Management, June 8, 2006
• Labor Relations Training, Client Managers and Supervisors, Dec. 28, 2005
• Changes in Overtime Rules: The U.S. Department of Labor’s Final Rule on Overtime Pay, Hampton Roads Executive Forum, Oct. 27, 2004

Admitted to Practice:

• Virginia
• U.S. District Court, Eastern and Western Districts of Virginia
• U.S. Court of Appeals, Fourth, Fifth, and Sixth Circuits