Mr. Conine is a certified Senior Professional in Human Resources (SPHR) and former senior human resources and labor relations executive with over three decades of experience evaluating, investigating and resolving human resources issues. He operates Consilium Advisory Services LLC, an employee/labor relations consulting practice and also serves clients through affiliations with other consulting firms.
Qualified to testify in both the California Superior Court and the Workers Compensation Appeals Board Mr. Conine has been retained by both plaintiffs and defendants as a human resources and risk management expert. His in depth experience in developing and executing human resources, labor relations, risk management and ethics policy has permitted Mr. Conine to opine on a variety of employment, labor, risk management and ethics issues.
Mr. Conine is co-author of "Lawful and Effective Use of a Human Resources Expert Witness" (California Labor & Employment Law Review - Vol. 25, No. 5) and authors a recurring human resources column for Smith Travel Research. He has been quoted in "The Orange County Register", "Nation's Restaurant News", "Human Resources Executive" and on CNN.com.
Additional Background Information:
Mr. Conine has experience both as expert and PMK. While employed as a corporate executive Mr. Conine appeared and/or testified as an employer representative before Federal and State courts, NLRB, EEOC and FEP enforcement agencies. He supervised the development of affirmative action plans. He negotiated and administered collective bargaining agreements with multiple labor organizations and led varied employer-level investigations concerning harassment/discrimination, failure to hire, wrongful termination, retaliation, back pay and union grievances. Mr. Conine has also supervised lawyers and risk/safety professionals in connection with employer defense of employment, workers compensation and general liability claims.
Mr. Conine also served as project manager for the merger of two privately-held companies, supervising all related HR/risk management activities including organization restructuring, reductions-in-force severance/release agreements and the merging of benefit, compensation and risk management plans.
As a corporate executive Mr. Conine was also an educator, writing and leading employee and labor relations training for management and supervisory personnel in employee and labor relations, labor contract interpretation and equal employment/affirmative action.
Background
Q: Please list your professional accreditations, degrees, licenses, and certificates granted:A: Cornell University, Bachelor of Science degree (1973)
Senior Professional in Human Resources (SPHR) certification by Human Resources Certification Institute (Certification valid through December, 2014)
Q: Please list your affiliations or memberships in any professional and/or industry organizations:
A: Member, Association of Workplace Investigators
Expert Member, Roundtable Group
Member, Southern California Mediation Association (SCMA)
Commissioner & Finance Chair, Palm Springs International Airport Commission (term expires 6/30/12)
Group Leader, HR & Labor Relations, Cayuga Hospitality Advisors
Member, Society for Human Resource Management
Senior Human Capital & Risk Management Consultant, Synergy Restaurant Consultants
Contract Consultant, HVS Performance Management
Provisional Member, International Coach Federation
Member, Labor & Employment Relations Association
(Former) Chairman, Santa Monica Hotel/Restaurant Welfare & Retirement Funds
Member, Cornell Hotel Society
Member, National Restaurant Association
Q: Please list any teaching or speaking experience you have had, including subject matter:
A: Mentor/performance coach to management and senior executives
Instructor/Facilitator, "Avoiding Sexual Harassment", California-required training pursuant to AB1825
Strategic HR Workshop presenter/facilitator
"Good Boss, Bad Boss" Workshop presenter/facilitator
Cornell Human Resources Roundtable panelist (Ithaca, NY and Las Vegas, NV)
University of Central Florida: Guest Lecture on Employer-Level Investigations
National Human Resources Association: Guest Speaker on "HR in the Boardroom"
Speaker & Session Leader at numerous in-house training sessions on employee/labor relations topics
Feature columnist, "Hotel News Now", publication of Smith Travel Research
Guest Presenter, Los Angeles Association of Health Underwriters
Q: Have any of your accreditations ever been investigated, suspended or removed? (if yes, explain)
A: No
Q: On how many occasions have you been retained as an expert?
A: I have been retained on 15 matters since January 1, 2009
Q: For what area(s) of expertise have you been retained as an expert?
A: Standard of care in HR investigations; disability discrimination; failure to accommodate (religious discrimination); wrongful termination; wrongful termination-whistleblower; retaliation; failure to accommodate; employer policies for investigating retaliation against whistle blowers; failure to engage in the interactive process; sexual harassment retaliation; adequacy of union grievance investigations; failure to pay wages (misclassification of FLSA exempt status); workers compensation insurance claims handling procedure; sexual harassment; hostile working environment; definition of "supervisor"; adequacy of employer harassment prevention measures; industry practices concerning sexual harassment training, prevention and reporting; labor contract interpretation; negligent hiring; negligent retention; appropriateness of average weekly earnings for setting of industrial death benefit payments; failure of unions to represent members; union/employer actions that violate a collective bargaining agreement; contingencies affecting outcome of labor contract negotiations.
Q: In what percentage of your cases were you retained by the plaintiff?
A: 47% (as of 2/13/12)
Q: In what percentage of your cases were you retained by the defendant?
A: 53% (as of 2/13/12)
Q: On how many occasions have you had your deposition taken?
A: On seven occasions in the role of expert; prior to my retirement, and in my role as principal employer representative my deposition was taken on numerous occasions
Q: When was the last time you had your deposition taken?
A: March 26, 2012
Q: On how many occasions have you been qualified by a court to give expert testimony?
A: Twice to-date (CA Superior Ct., CA Workers Compensation Appeals Board). Other matters either remain pending, were settled prior to trial or proceeded to trial without HR expert testimony (my clients prevailed in these cases).
Q: On how many occasions have you testified as an expert in court or before an arbitrator?
A: As of 4/6/12 I have testified on two occasions (see above).
Prior to my work as an expert I testified as a PMK in various HR-related litigation and arbitrations; supervised a three-attorney legal department; testified before the National Labor Relations Board; appeared as principal employer representative at mandatory settlement conferences; participated as the employer representative in mediations in diverse employment-related California Superior Court matters; appeared before various Federal and State fair employment and wage/hour agencies.
Q: For how many years have you worked with the legal industry as an expert?
A: I began offering my services as an HR consultant and expert upon opening my consulting practice in 2008 and was engaged on my first case in 2009.
See above for my non-expert experience with legal matters.
Q: What services do you offer? (E.g.: consulting, testing, reports, site inspections etc.)
A: HR and risk management consulting on various human capital issues in the workplace; independent investigations; executive and managerial coaching; writing, presenting and/or facilitating specialized HR workshops; litigation consulting and/or expert retention covering primarily employee and labor relations matters on such issues as: adequacy of employer-level investigations; failure to hire, train or promote; failure to accommodate; negligent hiring/negligent retention; harassment; retaliation; wage/hour matters; discipline/discharge.
Q: What is your hourly rate to consult with an attorney?
A: Quoted upon request; depends upon volume and complexity of assignment
Q: What is your hourly rate to review documents?
A: Quoted upon request; depends upon volume and complexity of assignment
Q: What is your hourly rate to provide deposition testimony?
A: Quoted upon request; depends upon case complexity
Q: What is your hourly rate to provide testimony at trial?
A: Quoted upon request; depends upon case complexity and time commitment
Q: Please list any fees other than those stated above (E.g.: travel expenses, copy fees, etc.)
A: Reasonable travel and office expenses in support of the client's engagement
References
James J. McDonald, EsquireManaging Partner
Fisher & Phillips LLP (Employment Matters)
949-851-2424
George F. Schaefer, Esquire
Assistant City Attorney
City of San Diego, California (ADA, interactive process matters)
619-533-5800
Richard F. Taylor, Jr., Esquire (Workers Compensation Matters)
Managing Partner
Richard F. Taylor & Associates
949-475-0025
