Nelva J. Smith
Of Counsel
(614) 456-1656
Office: Columbus
Energy
Business
Employment
Litigation
J.D. Capital University
B.A. Capital University
Licensure: OH
See Education

Biography

Nelva is a labor and employment attorney whose wide-ranging experience makes her an extremely effective advisor for her clients. From general day-to-day counseling, to litigation, workers' compensation, and safety and health issues, Ohio employers of all sizes rely on Nelva to guide them through the myriad challenges of labor and employment law.

Known as a fervent advocate for her clients, Nelva is diligent and aggressive in defending her clients’ interests. As a member of the firm’s Workplace Safety Team, she has defended employers in front of the Industrial Commission on a variety of issues that arise out of Ohio workers’ compensation matters, and she also has extensive experience in safety and health issues, with an emphasis on OSHA. She has presented on several occasions nationally on OSHA topics, and she has twice been a contributing editor to the national treatise on Occupational Safety and Health Law.

Nelva has experience defending employers in general employment litigation, charges before the Equal Employment Opportunity Commission, charges before the Ohio Civil Rights Commission, charges before the National Labor Relations Board, and defending OSHA citations, and she has also successfully handled wage and hour audits before a state government agency. 

In addition, to her employment experience, Nelva is also on the firm’s Higher Education Team and actively represents several universities and colleges in the region against Title IX litigation.

Work Experience

2015 Steptoe & Johnson PLLC
2008-2015 Scott, Scriven & Wahoff LLP
2005-2008 Legal Assistant, Scott, Scriven & Wahoff LLP

Speaking Engagements

Presenter, “HIPAA Best Practices for HR: Ensuring Confidentiality of Medical Information,” February 2018

Presenter, “Drugs and Alcohol in the Workplace: Marijuana and Other Considerations,” February 2018

Presenter, “Medical Records Law in Workers’ Compensation Claims: Know What You Can Release,” January 2018

Presenter, “Preparing For and Dealing With Campus Protests,” AICUO, October 2017

Presenter, “Machine Guarding and Lockout/Tagout-Related OSHA Penalties So Far in The Trump Administration,” Ohio Chamber, September 2017

Presenter, “Are You In A Confined Space, OSHA Requirements for Confined Space in General Industry and Construction,” Ohio Chamber, July 2017

Presenter, “The New Landscape of the Department of Labor and OSHA in the Trump Administration,” Ohio Hospital Association, June 2017

Presenter, “Top Ten Management Mistakes to Avoid,” Pataskala Chamber of Commerce, June 2017

Presenter, “Recordability, Reportability, and Compensability,” Ohio Chamber, May 2017

Presenter, “OSHA Primer,” ABA Occupational Safety and Health Committee Midwinter Meeting, March 2017

Presenter, “Medical Records Law in Workers’ Compensation Claims: Know What You Can Release,” January 2017

Presenter, “Finer Points of OSHA Recordkeeping and Recordability,” Ohio Chamber, October 2016

Presenter, “Department of Labor New Overtime Rules with OSHA Bonus,” St. Clairsville Chamber of Commerce, September 2016

Presenter, “Safety Incentive Programs Under 11(c) of the Federal OSH Act,” Ohio Chamber, September 2016

Presenter, “Hot Wage and Hour Issues,” OSBA, September 2016

Presenter, “The Ever-Changing Landscape of FLSA Wage & Hour Issues,” Sterling Education, September 2016

Presenter, “Association of Independent Colleges and Universities of Ohio – NLRB,” AICUO, June 2016

Presenter, “OSHA’s Multi-Employer and U.S. Department of Labor Joint Employee Doctrines,” Ohio Hospital Association, June 2016

Presenter, “Train Your Supervisors and Managers About Your Ohio Workers’ Compensation Program,” Ohio Chamber, May 2016

Presenter, “OSHA Primer,” ABA Labor & Employment Law Section Midwinter Meeting, March 2016

“Are You In Compliance? Be Prepared! FLSA Rule Changes and OSHA Penalty Increases Will Happen in 2016,” Ohio Chamber, December 2015

Presenter, “The Million Dollar Question: Are They Independent Contractors or Employees? What the Fair Labor Standards Act Could Cost Your Company,” Ohio Chamber, November, 2015

Presenter, “Fair Labor Standards Act/Wage and Hour Critical Issues,” Sterling Education, September 2015

Moderator, “Combustible Dust: When is a hazard really a hazard? What is the real potential for explosion/deflagration?,” ABA Labor & Employment Law Section Midwinter Meeting, March 2014

Presenter, “Wage Issues for Workers’ Compensation,” 2011

Chapter Editor, Occupational Safety and Health Law Treatise, Third Edition

Key Experience

Participated as co-counsel in defending an employer against an OSHA citation before an Administrative Law Judge at an OSHRC hearing in Wisconsin
Participated and prepared for depositions in OSHA and FMLA cases
Investigated and prepared Position Statements for Ohio Department of Job and Family Services wage investigations

Memberships & Awards

Professional
Ohio State Bar Association
American Bar Association
Certified, OSHA 10 Hour General Industry