Timothy M. McConville

Phone: (703) 218-2119
Fax: (703) 218-2160
Blog: Labor & Employment Law Cocktail
Practice Areas

Timothy M. McConville

Phone: (703) 218-2119
Fax: (703) 218-2160
Blog: Labor & Employment Law Cocktail
Practice Areas

Fortune 500 and smaller employers alike rely on Tim McConville’s years of experience representing management in labor and employment law matters.  He brings a unique perspective to his management-side practice based on his prior leadership at the National Right to Work Legal Defense Foundation, where he represented individuals subjected to compulsory unionism abuses.

His practice involves all aspects of labor relations, including collective bargaining, grievance and arbitration cases, and unfair labor practice and other cases before the National Labor Relations Board (NLRB) and in the courts. He has significant experience on the management side in representation cases before the NLRB, helping to devise and implement strategies for union-free workplaces.

Tim is an accomplished litigator, defending employers in Virginia, Maryland, the District of Columbia, and other locations around the United States. He represents clients before the EEOC, the DOL and other agencies.  He defends against claims brought under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Pregnancy Discrimination Act, the Americans with Disabilities Act (ADA), the Fair Labor Standards Act (FLSA), the Service Contract Act (SCA), wage-and-hour laws, the Employee Income Retirement and Security Act (ERISA), the National Labor Relations Act (NLRA), and state and local human rights codes.  His litigation practice includes cases arising from non-competition agreements and the misappropriation of trade secrets.

Tim counsels employers on all aspects of employment law including executive employment agreements; policies, procedures, and practices; hiring, retention, promotion, compensation, discipline, and termination practices; solving the most difficult issues under the  FMLA and ADA; and, for government contractors, legal requirements enforced by the Office of Federal Contract Compliance Programs (OFCCP).  In investigation matters, Tim assists clients confronted by sexual and racial harassment allegations, discrimination claims, wage-hour issues, union problems, employee theft, duty of loyalty and ethical breaches, and destruction of property. Tim also provides training seminars on a variety of labor and employment topics.

Tim is the Chairman and President of the National Institute for Labor Relations Research, Inc.  He is also the editor of and primary contributor to Labor and Employment Law Cocktail, a reporting on labor and employment law with a focus on national news and developments in Virginia, Maryland, and Washington, D.C.  Also, follow him on Twitter: @worklawguy.

Tim has received an AV rating, the highest rating given by Martindale-Hubbell® Peer Review Ratings™, for his legal ability and general ethical standards. He has also been named among Virginia Business magazine’s “Legal Elite” for labor and employment law for the past six years and, for the past eight years, has been consistently selected by his peers for inclusion in The Best Lawyers in America® listing in the areas of Employment, Labor Law‐Management, and Litigation‐Labor Law.

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  • J.D., The Catholic University of America, 1996
  • B.A., Political Science and English, cum laude, James Madison University, 1986
Admitted To Practice
  • Virginia
  • District of Columbia
  • Maryland
  • U.S. District Court, Eastern and Western Districts of Virginia
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the District of Maryland
  • U.S. Court of Appeals, Fourth, Fifth, and Sixth Circuits
Practice Highlights
  • Hatcher v. TM Associates Management, Inc., No. 1:17CV00019, 2017 WL 4079536 (W.D. Va. Sept. 14, 2017).
  • Battle v. Truland Sys. Corp., 30 F.Supp.3d 9 (D.D.C. 2014).
  • Roman v. Guapos III, Inc., 970 F. Supp. 2d 407 (D. Md. 2013).
  • 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).
Areas of Concentration
  • Employment litigation, including cases under Title VII, ADA, ADEA, FLSA, FMLA, ERISA
  • National Labor Relations Board certification and decertification 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
  • Employment law compliance, including equal employment opportunity, wage-hour, family and medical leave, and benefits
  • Counseling and handling sensitive employment matters
  • Executive employment agreements
  • 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
Professional Activities

Professional Organizations

  • National Institute for Labor Relations Research, Inc.
    • Board of Directors, President and Chairman of the Board
  • Loudoun County Chamber of Commerce
    • Board of Directors
  • Society for Human Resource Management, Virginia State Council
    • Legislative Director, 2008-2011
  • Fairfax Bar Association, Labor and Employment Section
  • Virginia Bar Association, Labor Relations and Employment Law Section
  • Maryland State Bar Association, Labor & 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

Professional Experience

  • 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
Honors & Awards
  • AV Preeminent® Peer Rated by Martindale-Hubbell® Peer Review Ratings™
  • The Best Lawyers in America® 2010-2017 – Employment, Labor Law-Management, and Litigation-Labor Law
  • 2007 Virginia Super Lawyers – Rising Star – Employment & Labor
  • Virginia Business magazine’s “Legal Elite” 2009, 2010, 2011, 2012 and 2014 – Labor & Employment Law
  • DOL’s Proposed Overtime Rule Will Change White Collar Exemptions (February 3, 2016)
  • Unions and NLRB’s Election Procedures Implicate APA, Threaten Rehabilitation Programs (October 15, 2015)
  • Unions and NLRB Procedures Threaten Community Rehabilitation Programs (October 14, 2015)
  • Is Your Federal Contracting Business Covered by OFCCP Affirmative Action Rules? (September 21, 2015)
  • The New “Don’t Ask, Don’t Tell:” Virginia Statute Protects Employees’ Social Media Passwords (September 8, 2015)
  • National Labor Relations Board Refines Joint Employment Standard (August 27, 2015)
  • Employer May Be Liable for Coding Applicant “Ineligible” Before Applying FCRA Background Check Protocol (August 25, 2015)
  • OFCCP Posts New Section 503 Checklist Tool for Federal Contractors (August 12, 2015)
  • DOL Proposes Massive Expansion in Overtime Pay (July 1, 2015)
  • Region 28’s Average Election Time Now 18 Days: Ambush at the NLRB (June 24, 2015)
  • Ambush at the NLRB: Unions Winning Over 60% of Elections Under New Rules (June 18, 2015)
  • Ambush At The NLRB: Data On New Union Election Rule (June 16, 2015)
  • Ambush at the NLRB: Election Rule Slashes Time for Workers to Make Informed Choice (June 10, 2015)
  • DOL Announces Final Rule Adding Sexual Orientation, Gender Identity to Federal Contractor Protected Classes (December 4, 2014)
  • Supreme Court Gives Second Win in Two Days to Caregivers Challenging Compulsory Union Dues (July 1, 2014)
  • Supreme Court Deals Blow to Compulsory Union Dues in Public Sector (June 30, 2014)
  • Supreme Smack-Down: Obama National Labor Relations Board (NLRB) Appointments Held Unconstitutional (June 26, 2014)
  • Small Employers: Don’t Overlook Virginia’s Mini-COBRA Law – Consolidated Omnibus Budget Reconciliation Act (May 28, 2014)
  • Don’t Misclassify Workers as Independent Contractors (May 20, 2014)
  • Q&A: Attorney Discusses Social Media, Leave Best Practices (May 5, 2014)
  • Background Checks: Don’t Overlook the Fair Credit Reporting Act (February 4, 2014)
  • Turmoil at the NLRB: Invalid Appointments Cause Serious Uncertainty (July 26, 2013)
  • FMLA Absences on the Rise; Employers Should Consider Improved Controls (June 25, 2013)
  • Expanded Enforcement Wage and Hour Rules at Grain Handling Facilities – What it Means for Industry (August 9, 2012)
  • Depression-Era FLSA Clashes with Today’s Digital Workplace (April 10, 2012)
  • NLRB Aggressive in Aid to Big Labor (March 12, 2012)
  • Virginia General Assembly Addresses Employment Issues (September 15, 2011)
  • Federal Health Care Overhaul Under Fire as States Challenge Mandates (August 17, 2010)
  • The ADA’s Evolution Means More Challenges for HR (March 25, 2010)
  • Law of Damages in the Workplace (May 4, 2008)
  • Nine Policies and Practices to Improve Control of FMLA Leave (July 8, 2007)
  • Employment Agreements (June 15, 2007)
  • Bill Supports Unions (April 2, 2007)
  • Employers Need to Understand New Overtime Pay Regulations (August 15, 2004)
  • Contracting For Services (December 8, 2002)
  • Monopoly Unionism Under the National Labor Relations Act: An Abrogation of Common Law Agency Doctrine (August 1, 1995)
Speaking Engagements
  • Overtime for Exempt Employees? New Rules Effective Dec. 1, Odin, Feldman & Pittleman Seminar, October 25, 2016
  • Federal Contractors Navigate Blacklisting Rules After Injunction, AH Dory, LLC, Human Resources Consultant Geri Rivers’ Interview of Timothy M. McConville, Esq., November 28, 2016.
  • The U.S. Department of Labor’s New Rules on Overtime Pay: Pending Changes to White Collar Exemptions, Odin, Feldman & Pittleman Seminar, December 9, 2015
  • NLRB’s New “Quickie” Election Rules: Preparing for Rapid Response to “Ambush” Elections Under Complex Rules, Strafford Webinar, Strafford Publications, Inc., June 17, 2015
  • Top Ten Recent Developments in Labor and Employment Law (That Executives Should Know), Odin, Feldman & Pittleman Seminar, April 29, 2015
  • Tipping the Scales Toward the Union: How New NLRB Rules and Union Organizing Tactics May Unionize More Employers, Odin, Feldman & Pittleman Seminar, November 18, 2014
  • 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
  • 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
  • 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,
  • 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, October 11, 2007
  • Strategies for a Union-Free Workplace, Hampton Roads Chamber of Commerce Business Education Series, August 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, February 28, 2007
  • Walking the FMLA Tightrope: Balancing Company Needs and Employee Rights, Willcox & Savage Seminar, February 28, 2007
  • Mastering the Hardest Problems Under the FMLA: Advanced Issues in Handling Employees’ Medical Conditions, Peninsula Personnel Association, January 9, 2007
  • What Every Executive Should Know, Client Managers and Supervisors, November 2006
  • What Every Supervisor Should Know, Client Managers and Supervisors, October 31, 2006
  • Independent Contractor or Employee – Practical Steps for Ensuring Independent Contractor Status, Client Managers and Supervisors, August 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, December 28, 2005
  • Changes in Overtime Rules: The U.S. Department of Labor’s Final Rule on Overtime Pay, Hampton Roads Executive Forum, October 27, 2004
Community Activities
  • Boy Scouts of America, Cub Scout Pack 976, Our Lady of Good Counsel Parish
    • Cubmaster, 2016-present
  • Northern Virginia Travel Baseball League, Vienna Mustangs
    • General Manager, 2014-2016
  • Vienna Little League
    • Team Manager and Coach, 2010-2014
  • 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
    • Logistics Chairman, 1998

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