Ogletree Deakins Podcasts: Recent Episodes
Ogletree Deakins
Welcome to the Ogletree Deakins podcast page. Here, you can expect to hear timely and conversational discussions on labor and employment law topics covering the latest developments and trending issues impacting employers. We encourage you to subscribe and also rate and review if you find the podcast useful. Contact us with topics you’d like to hear, questions, and feedback at client.services@ogletree.com or follow us on LinkedIn or Twitter (@OgletreeDeakins).
In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York/London) and Samantha Duncan (Washington) break down the latest wave of social and employment reforms in the United Arab Emirates (UAE). These reforms include relaxed alcohol licensing, a new workweek from Monday to Friday, tighter Emiratisation quotas, and AI-driven compliance enforcement. The speakers explore whether these changes represent genuine modernization or if they represent a strategically crafted approach that selectively adopts elements from Western models while remaining grounded in local priorities.
In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York/London) and Lina Fernandez (Boston) break down Argentina’s new labor modernization law, Law No. 27,802, which is generating significant debate among employers, unions, and social groups alike. The speakers cover the law’s sweeping reforms, including changes to severance calculations and caps, new rules on working hours and vacation flexibility, the classification of gig platform workers as independent providers, and the creation of employer-side labor assistance funds. The speakers review what these changes mean for multinational employers operating in Argentina and what to watch for as implementing regulations are issued in the coming months.
In this podcast, Karen Tynan (Sacramento) and Kevin Bland (Orange County) discuss serious accident-related citations (SARs) under Cal/OSHA, explaining how these citations require a causal nexus between the alleged violation and a serious injury, and how they differ from standard serious violations. Kevin and Karen, who chairs the firm’s Workplace Safety and Health Practice Group, cover common scenarios involving lockout/tagout procedures, machine guarding, training deficiencies, and heat illness. They also discuss the elevated penalties associated with SARs and the increasing challenges of settling these cases after California’s 2025 audit of Cal/OSHA. The episode offers practical insights for employers on how to defend against SARs and highlights potential implications for workers’ compensation claims, civil litigation, and construction prequalification.
In this podcast, Jim Plunkett, shareholder and chair of Ogletree’s Government Affairs Practice Group, is joined by Ed Egee, Vice President for Government Relations and Workforce Development at the National Retail Federation, to discuss the Faster Labor Contracts Act, a piece of bipartisan legislation that recently passed the U.S. House of Representatives and would impose mandatory binding arbitration of first contracts on private-sector employers nationwide. The conversation covers how the FLCA would operate in practice, why its proponents argue it addresses bad-faith bargaining, and why opponents believe it undermines both employer flexibility and workers’ rights to vote on their own contracts. With the bill now before the Senate and a 60-vote threshold standing between the bill and passage, the speakers outline what employers can do now to make their voices heard.
In this episode of our Defensible Decisions podcast series, shareholders Scott Kelly (Birmingham/Washington) and Lauren Hicks (Indianapolis/Atlanta) turn to the input side of AI risk, examining what happens when employees, managers, and executives enter sensitive information into AI systems. Scott, who is chair of the firm’s Workforce Analytics and Compliance Practice Group, and Lauren discuss why AI interactions on company platforms are discoverable records rather than private conversations, including how multi-turn chat logs can document a manager’s intent and create pretext evidence in employment litigation. The speakers walk through real-world examples of employee misuse and explain why employers need enterprise-level monitoring, governance policies, and privilege-protected bias testing before a plaintiff’s counsel does it for them.
In this episode of our Defensible Decisions podcast series, shareholders Scott Kelly (Birmingham/Washington) and Lauren Hicks (Indianapolis/Atlanta) examine what happens when AI produces written content that is inconsistent, biased, or legally problematic in the employment context. Scott, who is chair of the firm’s Workforce Analytics and Compliance Practice Group, and Lauren cover how large language models work as prediction engines rather than knowledge bases, and why that distinction creates real legal exposure when AI-generated outputs differ based on demographic descriptors. The speakers walk through a concrete qualitative test illustrating how the same prompt can yield meaningfully different results depending on a racial modifier, and what that means for employers using AI in hiring assessments and performance management.
In this installment of our Workplace Strategies Watercooler 2026 podcast series, shareholders Jim Paul (St. Louis/Tampa), Aimee Parsons (Portland (ME)), and Carolyn Russell (Houston) break down the EEOC’s shifting enforcement priorities under Chair Andrea Lucas, including the rescission of the 2024 harassment guidance and the agency’s stance on unlawful DEI. The speakers also examine the Supreme Court’s 2025 Ames decision, eliminating the heightened evidentiary standard for majority-group discrimination claims, and offer practical guidance for employers navigating a rapidly changing compliance landscape across multiple jurisdictions.
In this episode of our Defensible Decisions podcast series, shareholder Scott Kelly (Birmingham/Washington) is joined by Pete Bell and Chrissy Blantz from the firm’s Data Analytics team to introduce the firm’s Talent Risk Assessor—a comprehensive dashboard built to help employers identify workforce risk across the entire employment lifecycle. Scott, who is chair of the firm’s Workforce Analytics and Compliance Practice Group, discusses with Pete and Chrissy how the tool brings together data on hiring, separations, talent progression, and pay equity into a single, actionable view. Tune in to learn how Ogletree’s legal and data analytics teams collaborated to build a proactive solution for employers navigating today’s evolving compliance landscape.
In this installment of our Workplace Strategies Watercooler 2026 podcast series, shareholders Simone Francis (St. Thomas/New York) and Lauren Hicks (Indianapolis) explore the fast-moving legal landscape surrounding AI ethics in the workplace, from the ethics rules that already govern attorney AI use to the cautionary tales of real cases with real consequences. Lauren and Simone unpack the emerging privilege and discovery risks that arise when confidential information enters consumer AI tools. The speakers close with practical guidance on AI use policies, bias auditing for employment tools, and the state compliance landscape employers need to navigate now.
In this episode of our Litigation Lens podcast series, Michael Nail (shareholder, Greenville) is joined by Sarah Zucco (shareholder, New York) and Olivia Orlando-Donovan (associate, New York/Stamford) to break down Judge Lyman’s April 2026 opinion in Lively v. Wayfarer Studios—a 152-page decision arising from the production of It Ends With Us. The speakers examine the court’s independent contractor ruling, the enforceability of unsigned agreements, and the FEHA retaliation claim that survived dispositive motions. Tune in for practical takeaways on worker classification, contract execution, and the fine line between defending your reputation and retaliating against a complainant.
In this installment of our Payroll Brass Tax podcast series, Mike Mahoney (Morristown/New York) and Megan Menguc (Washington) break down the most common strategies for consolidating payroll across related entities. Megan and Mike, who is chair of the firm’s Employment Tax practice group, walk through three distinct approaches, examining the practical benefits and limitations of each: (1) captive employee leasing, (2) Section 3504 agent reporting, and (3) common paymaster arrangements. The speakers also address the broader cross-disciplinary considerations that employers should keep in mind before restructuring how payroll is reported.
In this episode of our Cross-Border Catch-Up podcast series, Samantha Duncan (Washington) and Justin Tarka (London) tackle the UK’s Employment Rights Act 2025, the most sweeping overhaul of British employment law in decades, with changes rolling out across 2026 and into early 2027. The speakers walk global employers through the staggered timeline, from February’s industrial action updates and April’s day-one entitlements to October’s extended tribunal claim window and the landmark January 2027 changes to unfair dismissal protections.
In this installment of our Workplace Strategies Watercooler 2026 podcast series, shareholders Tina Bengs (Chicago/Indianapolis), Joseph Cartafalsa (New York), and Michael Riccobono (Morristown) walk through a comprehensive compliance checklist covering mandatory leave and accommodation obligations for disability, pregnancy, and religion, along with family and medical leave laws. The speakers also address how to navigate ERISA, COBRA, and benefit plan terms to help employers keep their organizations compliant and their employees supported.
In this installment of our Workplace Strategies Watercooler 2026 podcast series, shareholders Robert Niccolini (Baltimore/Washington) and Anne Larson (Chicago) examine the full lifecycle of managing a challenging employee, from early identification of common types (including the workplace bully and the chronic social butterfly) to targeted strategies for communication, discipline, and documentation. Listeners will come away with a practical framework for prelitigation planning that helps organizations protect themselves before a personnel problem becomes a costly legal dispute.
In this episode of our Cross-Border Catch-Up podcast series, Patty Shapiro (San Diego) and Goli Rahimi (Chicago) examine a growing trend of companies citing AI adoption as a basis for workforce reductions and how courts around the world are beginning to weigh in on whether those terminations are legally defensible. The speakers discuss how recent rulings from China and Spain reached different conclusions when considering unfair dismissal claims resulting from AI adoption, underscoring why local law, process, and documentation remain critical for global employers navigating AI-driven restructuring decisions.
In this installment of our Workplace Strategies Watercooler 2026 podcast series, shareholders Scott Kelly (Birmingham/Washington) and Nonnie Shivers (Phoenix) break down key compliance considerations in today’s enforcement environment, including how to identify and mitigate DOJ False Claims Act risks tied to unlawful “proxy” discrimination, the permissibility of recruiting practices in higher education, and the strategic use of privileged analytics to evaluate talent acquisition strategies and reduce legal exposure.
In this installment of our Workplace Strategies Watercooler 2026 podcast series, shareholders Cynthia Bremer (Minneapolis), Scott James Preston (Indianapolis), and Bethany Wagner (Pittsburgh) examine the evolving landscape of workplace investigations, with a focus on how AI and remote work are reshaping the types and complexity of complaints employers face. The speakers discuss why thorough, well-documented investigations matter—from preserving employee morale to avoiding litigation exposure—and the value of involving in-house counsel early. They also walk through the most critical investigative mistakes to avoid, including selecting the wrong investigator, reaching premature conclusions, and dismissing complaints due to fatigue.
In this podcast, Shir Fulga, Erin Schachter, and Susan Ivimey discuss important changes to employment standards in Canada that took effect on January 1, 2026, focusing on the extension of long-term illness leave in Alberta, Saskatchewan, and Manitoba, and new rules in Saskatchewan that prohibit employers from withholding tips. Additionally, they cover the introduction of new job-protected leaves in Saskatchewan, which include maternity leave and leave for interpersonal violence, as well as new provisions allowing for the substitution of public holidays.
The Department of Justice’s reclassification of certain marijuana products from Schedule I to Schedule III marks a significant shift in federal drug policy, and employers are now facing new questions about how to respond. In this installment of our Workplace Strategies Watercooler 2026 podcast series, shareholders Christina Mallatt (Indianapolis) and Tae Phillips (Birmingham), who co-chair the firm’s Drug Testing practice group, are joined by Phillip Russell (Tampa) to examine what the change means for workplace drug testing programs, ADA accommodation obligations, and the broader landscape of cannabis-related employment policies. Tune in for practical guidance on how employers can evaluate and update their policies in light of this evolving regulatory environment.
As social and political expression in the workplace grows more charged, employers face mounting pressure to set clear boundaries—and enforce them consistently. In this installment of our Workplace Strategies Watercooler 2026 podcast series, shareholders Brandon Shelton (Charlotte/Indianapolis), Mike Bell (Denver/Dallas) and Virginia Wooten (Charlotte) explore the legal framework governing employee speech, the risks that come with inconsistent policy enforcement, and what in-house counsel and HR professionals need to know in today’s polarized environment. Listeners will come away with practical guidance on policy design, manager training, and how to respond when personal beliefs and workplace expectations collide.
In this podcast, shareholders Kevin Bland (Orange County) and Karen Tynan (Sacramento) discuss strategies and tactics that Cal/OSHA attorneys commonly employ during administrative trials, including how they handle opening statements, inspector testimony, hearsay evidence, and cross-examination. Karen, who is chair of the firm’s Workplace Safety and Health Practice Group, and Kevin offer practical insights for employers on what to expect from opposing counsel—whether they are facing a seasoned litigator or a newer attorney—and how to effectively prepare witnesses and handle evidentiary challenges. The speakers provide a candid look at real courtroom dynamics and offer tips for achieving favorable outcomes in Cal/OSHA proceedings.
In this podcast, shareholders Lauren Hicks (Indianapolis/Atlanta) and Chris Near (Columbia) deliver a quick update as of May 2026 on the current state of OFCCP, breaking down recent developments in data collection, pending rulemaking, changes in agency leadership, and the White House’s proposal to again defund OFCCP in next year’s budget.
In this podcast, shareholders Lauren Hicks (Indianapolis/Atlanta) and Chris Near (Columbia) walk federal contractors and subcontractors through the key compliance obligations triggered by Executive Order (EO) 14398 and the FAR Council’s guidance implementing it. Lauren and Chris break down the new contract clause requirements, False Claims Act implications, and what the “known or reasonably knowable” standard means for prime contractors managing their supply chains. The speakers finish with practical takeaways on auditing internal DEI programs, mapping subcontractor exposure, and preparing for tight contract modification deadlines.
In Washington, D.C., there is a saying: “personnel is policy.” In this episode of our Dirty Steel-Toe Boots podcast series, shareholders Phillip Russell (Tampa) and Jim Plunkett (Washington) break down the significance of Labor Secretary Lori Chavez-DeRemer’s departure and the rise of Acting Secretary Keith Sonderling for employers. They examine how Sonderling’s background and his time as deputy secretary have already shaped the DOL’s enforcement and policy direction. The speakers also take a closer look at OSHA head David Keeling and what to expect regarding issues like the heat illness standard.
In this podcast, Kathryn Bird (Toronto), Erin Schachter (Montréal), and Shir Fulga (Toronto) examine the Ontario Divisional Court’s 2025 decision in Bokhari v. Top Medical Transport Center Services, which reviewed the Human Rights Tribunal of Ontario’s preliminary dismissal of a disability discrimination claim. The discussion focuses on the tribunal’s use of a “balance of probabilities” standard at the screening stage, the court’s rejection of that approach in favor of the traditional “plain and obvious” test, and the risks of engaging in a merits analysis too early. The speakers also explore why the decision matters for both applicants and employers, particularly given increasing preliminary dismissals, tribunal backlogs, and the potential for unexpected judicial review proceedings.
In this episode of our Litigation Lens podcast series, shareholders Michael Nail (Greenville) and Sarah Zucco (New York) examine a recent First Circuit decision addressing whether placing an employee on a performance improvement plan (PIP) constitutes an adverse employment action under the Supreme Court’s Muldrow standard. The speakers discuss the specific factors courts will weigh when evaluating PIPs and offer practical guidance for employers on structuring performance management processes to reduce litigation exposure.
In this podcast, Morristown shareholders Justine Abrams and Michael Nacchio break down the latest developments shaping New Jersey employment law. They cover key updates including the expansion of the New Jersey Family Leave Act, new pay transparency regulations, a landmark earned sick leave ruling, and a proposed bill that would effectively ban most non-competes in the state. Employers doing business in New Jersey will want to tune in to understand what these changes mean for their compliance obligations.
In this podcast, shareholders Kevin Bland (Orange County) and Karen Tynan (Sacramento), who is chair of the firm’s Workplace Safety and Health Practice Group, discuss the unique aspects of Cal/OSHA discovery, which differs significantly from federal OSHA and civil litigation discovery processes. Karen and Kevin cover practical strategies for both the inspection phase and appeals process, including tips on document requests, witness demands, subpoenas, and depositions. The speakers review key practice points, such as requesting inspector training records, obtaining related case files for multi-employer or repeat citations, and understanding that California does not permit interrogatories or requests for admissions in OSHA proceedings.
In this podcast, Robert Rodriguez (Sacramento) and Tom Bellifemine (Morristown) explore how employers can use restraining orders and injunctive relief as proactive tools to protect their workplaces from violence and disruptive behavior. Tom and Robert, who co-chairs the firm’s Workplace Violence Prevention Practice Group, highlight key differences in the legal mechanisms available across jurisdictions, contrasting California’s well-defined statutory process with the civil litigation strategies employers must rely on in states like New York and New Jersey. The speakers offer practical insights into when and how to pursue protective orders, the role of judicial discretion, and why early action is critical to safeguarding employees and business operations.
In the fifth and final episode of this five-part podcast series, Karen Tynan (shareholder, Sacramento) and Robert Rodriguez (shareholder, Sacramento), who are co-chairs of Ogletree’s Workplace Violence Prevention Practice Group, discuss how employers can build a high reliability workplace violence prevention program that goes beyond basic compliance to become an integral part of company culture. Karen, who is also chair of the Workplace Safety and Health Practice Group, and Robert cover practical strategies including leadership engagement, effective employee communication and reporting systems, meaningful metrics, proper documentation practices, and stress-testing plans through tabletop exercises and drills.
In the fourth part of this five-part podcast series, Karen Tynan (shareholder, Sacramento) and Robert Rodriguez (shareholder, Sacramento), who are co-chairs of Ogletree’s Workplace Violence Prevention Practice Group, discuss how California’s SB 553 workplace violence prevention law applies to law enforcement agencies. Karen, who is also chair of the Workplace Safety and Health Practice Group, and Robert explain the three-prong exemption available to qualifying law enforcement agencies—including POST compliance and adherence to Cal/OSHA’s IIPP regulation under Section 3203—and address the practical challenges agencies may face in proving they meet these requirements during an inspection.
In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York/London) and Maya Barba (San Francisco) discuss the 2025 Model Tax Convention update from the Organization for Economic Cooperation and Development (OECD) and its implications for employers managing cross-border remote work. Maya and Shirin explain the new two-part framework for determining when an employee’s remote work location creates a taxable permanent establishment, including the 50 percent working time safe harbor and the qualitative commercial reason test. The speakers also provide practical compliance steps for multinational employers as they address tax, social security, and global mobility issues in an increasingly borderless workforce.
In the second episode of this two-part series of our Cross-Border Catch-Up podcasts, Lina Fernandez (Boston) and Samantha Duncan (Washington) continue their conversation on HR self-audits by exploring how to localize global audit frameworks for specific jurisdictions. Samantha and Lina highlight the country-specific compliance nuances in Mexico, Australia, and the Dominican Republic, emphasizing the importance of tailored local addenda to identify issues that global policies may overlook. The episode concludes with practical tips on triaging audit findings into immediate, medium-term, and long-term remediation strategies.
In the third part of this five-part podcast series, Karen Tynan (shareholder, Sacramento) and Robert Rodriguez (shareholder, Sacramento), who are co-chairs of Ogletree’s Workplace Violence Prevention Practice Group, examine the exemptions to California’s workplace violence prevention law, SB 553. Karen, who is also chair of the Workplace Safety and Health Practice Group, and Robert cover key exemptions for healthcare facilities, law enforcement agencies, the Department of Corrections and Rehabilitation, teleworking employees, and the often-misunderstood “small business” exemption—which requires fewer than 10 employees, no public access, and IIPP compliance. The speakers also explain that employers bear the burden of proving any exemption as an affirmative defense.
In part one of this two-part episode of our Cross-Border Catch-Up podcast series, Samantha Duncan (Washington) and Lina Fernandez (Boston) discuss the importance of conducting global HR self-audits and best practices for developing a unified audit framework that can be scaled across multiple jurisdictions. The speakers explore key timing considerations for audits and outline the essential topics these audits should cover—from pre-employment screenings and hiring practices to day-to-day operations, compensation, and termination procedures.
In this podcast, shareholders Meagan Dziura (Raleigh) and Kara Lancaster (Raleigh) discuss the results of this year’s H-1B lottery. Kara and Meagan highlight a major change: the introduction of a wage-weighted selection system, which gives higher-paid workers better odds of being selected. They also provide tips for employers on what actions to take now, from filing petitions for selected employees to developing contingency plans—such as considering alternative visa options—for those who weren’t chosen.
In this podcast, shareholders Kevin Bland (Orange County) and Karen Tynan (Sacramento), who is chair of the firm’s Workplace Safety and Health Practice Group, discuss the strict 15-working-day deadline for filing Cal/OSHA appeals. Karen and Kevin explain why California’s administrative process offers little room for excuses—unlike civil litigation, there is no excusable neglect doctrine. The speakers share practical tips for avoiding late appeals, highlight common pitfalls such as citations being sent to the wrong address or filed incorrectly, and review a 2025 Appeals Board decision that provides a narrow exception where attorney miscommunication caused an untimely filing.
In the second part of this five-part podcast series, Karen Tynan (shareholder, Sacramento) and Robert Rodriguez (shareholder, Sacramento), who are co-chairs of Ogletree’s Workplace Violence Prevention Practice Group, continue their conversation on Cal/OSHA citations under California’s SB 553. Karen, who is also chair of the Workplace Safety and Health Practice Group, and Robert cover common plan deficiencies leading to citations, how investigations are initiated, the unique challenges of managing employee interviews after traumatic incidents, and industries receiving heightened enforcement attention. The speakers also address key compliance questions, including training timelines for new hires, documentation and confidentiality obligations, and considerations for implementing active shooter training programs.
In the first part of this two-part podcast series, Karen Tynan (shareholder, Sacramento) and Robert Rodriguez (shareholder, Sacramento), who are co-chairs of Ogletree’s Workplace Violence Prevention Practice Group, review the first year of Cal/OSHA enforcement of California’s SB 553 workplace violence prevention law. Karen, who is also chair of the Workplace Safety and Health Practice Group, and Robert discuss what employers can expect in 2026, cover key inspection trends—including heightened scrutiny of hazard assessments and training documentation—along with best practices for compliance and common employer questions. The speakers also preview anticipated regulatory changes and offer practical recommendations for employers looking to strengthen their workplace violence prevention programs.
In this installment of our Payroll Brass Tax podcast series, Mike Mahoney (Morristown/New York) and Stephen Kenney (Dallas) explore the payroll and employment tax implications of on-demand pay, also known as earned wage access (EWA), and how real-time payment systems like the Federal Reserve’s FedNow service are accelerating its adoption. Stephen and Mike, who is the chair of the firm’s Employment Tax Group, cover the IRS’s constructive receipt doctrine, FICA timing, Fair Labor Standards Act considerations, emerging state licensing regimes in Nevada and Missouri, and Treasury’s proposed legislative fixes in the 2025 Green Book.
In this episode of our Cross-Border Catch-Up podcast series, Goli Rahimi (Chicago) and Kate Thompson (New York/Boston) explore the legal and practical considerations for employers hiring cross-border commuters—workers who live in one EU country while working in another. Goli and Kate break down key issues, including applicable employment laws, equal treatment requirements, payroll rules, tax implications under bilateral agreements, and common challenges around social security and benefits portability.
In this inaugural episode of our Labor Law Solutions podcast, shareholders Tom Davis (Nashville) and Tom Stanek (Phoenix), who co-chair the firm’s Traditional Labor Relations Practice Group sit down with co-chair and former NLRB member Brian Hayes (Washington) to discuss recent developments in labor law. The speakers discuss the new NLRB board members and general counsel, recent decisions and related rulemaking petitions, joint-employer standards, and constitutional challenges to the NLRA’s removal restrictions. Whether you’re navigating union organizing campaigns, unfair labor practice charges, or staying ahead of shifting NLRB precedent, this podcast offers practical guidance for management-side labor professionals.
In this episode of our Cross-Border Catch-Up podcast series, Kristyn Lambert (New Orleans) and Samantha Duncan (Washington) explore how multinational employers can effectively use mutual separation agreements (MSAs) to navigate employment terminations in jurisdictions that do not recognize at-will employment. The speakers cover a four-step framework for evaluating whether an MSA is appropriate, including assessing local termination laws, understanding enforceability requirements, and tailoring negotiation strategies to regional norms. The speakers also discuss practical examples from jurisdictions such as China, Korea, Taiwan, and Finland to illustrate how local customs and legal standards shape both the structure and pricing of these agreements.
In this podcast, Tae Phillips (Birmingham) sits down with Jennifer Pacicco (Philadelphia), Andrew Halverson (Lafayette/New Orleans), and Dennis Gardner (Houston) to examine President Trump’s December 2025 executive order directing the potential rescheduling of marijuana from Schedule I to Schedule III under the Controlled Substances Act. The speakers cover what this change would—and would not—mean for employers, explaining that while state-specific marijuana legalization laws and employment protections would remain unchanged, DOT-regulated employers may see shifts in testing protocols and compliance requirements if rescheduling occurs. The speakers also address the current regulatory landscape, including the DOT’s absolute prohibition on marijuana use for safety-sensitive employees and the uncertainties surrounding how federal agencies might adapt their rules in response to rescheduling.
In this episode of our Cross-Border Catch-Up podcast series, Patty Shapiro (San Diego) and Goli Rahimi (Chicago) discuss key changes under New Zealand’s Employment Relations Amendment Bill. The speakers cover four significant reforms: a new gateway test for determining independent contractor status, a wage threshold precluding unjustified dismissal claims for high earners, a revised remedies framework that considers employee conduct, and the elimination of the 30-day rule for new hires in roles covered by collective agreements. The speakers also offer practical guidance for employers with operations or teams in New Zealand on preparing for these compliance and HR-related changes.
In this episode of our Defensible Decisions podcast, Scott Kelly (shareholder, Birmingham) and Nonnie Shivers (office managing shareholder, Phoenix) discuss the EEOC’s January 2025 vote to rescind the Biden-era anti-harassment guidance, which had addressed gender identity issues including pronouns, bathroom access, and misgendering. Scott, who is chair of the firm’s Workforce Analytics and Compliance Practice Group, and Nonnie, who is co-chair of the firm’s Diversity, Equity, and Inclusion Compliance Practice Group, explain that while the rescission removes enforcement clarity, it does not change existing law—Bostock remains binding precedent—and employers should continue robust harassment training and remain attentive to evolving federal, state, and local requirements. The speakers also preview anticipated EEOC developments, including potential new guidance on religious accommodations and national origin discrimination.
In this episode of our Defensible Decisions podcast, Scott Kelly (Birmingham/Washington, D.C.), who is chair of the firm’s Workforce Analytics and Compliance Practice Group, is joined by Kiosha Dickey (Columbia) and Jay Patton (Birmingham) to discuss the increasingly complex landscape of workforce reporting requirements for 2026 and beyond. The speakers cover essential federal obligations like the EEO-1 and VETS 4212 reports, while exploring the expanding state-level requirements in California, Illinois, Massachusetts, and New York City that are adding new layers of compliance challenges for multistate employers. The speakers provide practical guidance on California’s enhanced reporting fields, mandatory penalties, upcoming transition to SOC codes, and critical action items employers should prioritize now to ensure accurate, timely filings and avoid costly enforcement consequences.
In this podcast, shareholders Kevin Bland (Orange County) and Karen Tynan (Sacramento) discuss Cal/OSHA’s February 2026 proposed rulemaking on walkaround inspections, which would significantly expand who may accompany inspectors during workplace safety inspections—including third-party representatives authorized by employees. Kevin and Karen, who is chair of the firm’s Workplace Safety and Health Practice Group, analyze key concerns for California employers, including the broad language around employee representatives, the inspector’s expanded authority to resolve disputes and control inspections, and potential implications for trade secrets, safety protocols, and employer rights. Written comments on the proposed regulation are due by April 1, 2026.
In this episode of our Litigation Lens podcast series, shareholders Michael Nail (Greenville) and Sarah Zucco (New York) analyze Dudnauth v. A.B.C. Carpet & Home Inc., a case from the U.S. District Court for the Southern District of New York involving disability discrimination and wage and hour claims under New York state law. Michael and Sarah discuss how the court granted summary judgment on the plaintiff’s discrimination and overtime claims based largely on his own deposition testimony admitting he could not work and did not exceed 40 hours per week, while denying summary judgment on the pay frequency claim due to a genuine dispute over whether he qualified as a “manual worker” entitled to weekly pay. In this episode, the speakers highlight key takeaways for employers on the importance of maintaining payroll records, understanding state-specific wage requirements, and the fact-intensive nature of disability accommodation and exemption analyses.
In part two of this episode of our Defensible Decisions podcast, shareholders Scott Kelly (Birmingham) and Lauren Hicks (Indianapolis/Atlanta) continue their conversation on the nuts and bolts of AI bias audits, focusing on defensible documentation, practical hypotheticals, and remediation strategies. The speakers unpack risks in résumé screeners, promotion and retention-risk models, and “human in the loop” assumptions, offering concrete guidance on governance, validation, vendor diligence, and continuous monitoring to align AI use with legal defensibility and business necessity.
In this installment of our Payroll Brass Tax podcast series, Mike Mahoney (shareholder, Morristown/New York) is joined by Stephen Kenney (associate, Dallas) and Stephen Riga (counsel, Minneapolis/Indianapolis) to discuss how nondiscrimination testing rules under Internal Revenue Code Sections 125, 105(h), and 129 affect payroll and tax reporting for cafeteria plans, self-insured health plans, and dependent care assistance programs. Mike, who is the chair of the Employment Tax Group, Stephen, and Stephen review who qualifies as a highly compensated or key employee, the consequences of testing failures, and critical timing considerations, as well as offer practical guidance on prevention strategies, coordinating with benefits administration, and ensuring accurate Form W-2 reporting.
In this episode of our Defensible Decisions podcast, Scott Kelly (shareholder, Birmingham) and Nonnie Shivers (office managing shareholder, Phoenix) discuss the EEOC’s January 2026 vote to reclaim authority over most enforcement litigation from its Office of General Counsel, reversing decades of delegation. Scott, who is chair of the firm’s Workforce Analytics and Compliance Practice Group, and Nonnie, who is co-chair of the firm’s Diversity, Equity, and Inclusion Compliance Practice Group, analyze how this procedural shift may enable the commission to fast-track litigation aligned with administration priorities, including cases involving majority characteristic discrimination claims, DEI practices, national origin discrimination, and religious accommodation issues. They also offer practical guidance for employers on conducting privileged risk assessments and reassessing organizational risk tolerance in anticipation of heightened EEOC enforcement activity.
In this episode of our Cross-Border Catch-Up podcast series, Diana Nehro (shareholder, New York/Boston), who is the chair of the Cross-Border Practice Group, and Maya Barba (associate, San Francisco) unpack Denmark’s parental leave model and discuss what employers should know for leave management and workforce planning in Denmark. The speakers explain the phased structure that gives each parent their leave entitlement, including non-transferable weeks that encourage uptake, plus flexible portions that can be postponed.
In part one of this episode of our Defensible Decisions podcast, Scott Kelly (shareholder, Birmingham) sits down with Lauren Hicks (shareholder, Indianapolis/Atlanta) to unpack how AI is actually used across the talent lifecycle—and why “human in the loop” isn’t a compliance shield. The speakers break down what a credible, privileged bias audit entails, how to pair fairness testing with effectiveness validation, and the practical governance steps employers should know to manage a fast-evolving, patchwork regulatory landscape.
In this episode of our Defensible Decisions podcast, Scott Kelly (shareholder, Birmingham) sits down with Nonnie Shivers (office managing shareholder, Phoenix) to discuss the implications for employers following EEOC Chair Andrea Lucas’s social media video soliciting discrimination charges from white males. Scott, who is chair of the firm’s Workforce Analytics and Compliance Practice Group, and Nonnie, who is co-chair of the firm’s Diversity, Equity, and Inclusion Compliance Practice Group, delve into historical and recent Supreme Court decisions like Muldrow and Ames, which affirm the viability of such claims and expand the definition of actionable harm. The conversation emphasizes critical best practices for employers, including the necessity of thorough investigations, accurate position statements, comprehensive real-time documentation of employment decisions, and updated, inclusive training modules, especially given the continued risk of disparate impact claims and potential fast-tracked EEOC investigations.
In this episode of our Litigation Lens podcast series, shareholders Michael Nail (Greenville) and Heather Ptasznik (Detroit (Metro)) discuss a recent Sixth Circuit decision affirming a jury verdict for an employee on ADA disability discrimination and retaliation claims based on night blindness. The speakers review how this ruling reinforces that night blindness can qualify as an ADA-protected disability, with practical takeaways for employers on timing, documentation, and recognizing accommodation requests.
In this episode of our Cross-Border Catch-Up podcast series, Patty Shapiro (shareholder, San Diego) and Goli Rahimi (of counsel, Chicago) discuss India’s significant labor law reform: more than five years after their passage, India finally implemented four consolidated labor codes in November 2025. These codes replace 29 existing labor laws and cover wages, industrial relations, social security, and occupational safety. Our speakers provide an overview of these changes and the implications for employers navigating India’s evolving labor landscape.
In this inaugural episode of Ogletree Deakins’ Defensible Decisions podcast, Scott Kelly (shareholder, Birmingham) sits down with Nonnie Shivers (office managing shareholder, Phoenix) to unpack the EEOC’s renewed emphasis on systemic, pattern-or-practice enforcement in the wake of a restored quorum and recent leadership moves. This shift highlights the agency’s alignment with current administration priorities, moving away from its traditional strategic plan. The discussion covers anticipated litigation and key areas of investigation—particularly focusing on challenges related to race- and sex-based preferences in DEI programs, anti-American national origin bias, and H‑1B abuses. The speakers emphasize the importance for employers to conduct privileged, data-driven audits of their hiring, promotions, transfers, and pay practices. This proactive approach can help validate merit-based decisions and prepare organizations for increased scrutiny.
In this episode of our Defensible Decisions podcast, shareholders Scott Kelly (Birmingham) and Chris Near (Columbia) unpack OFCCP’s updated jurisdictional thresholds for Section 503 of the Rehabilitation Act (Section 503) and the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). Effective October 1, 2025, basic coverage thresholds increased to $20,000 under Section 503 and to $200,000 for coverage and Affirmative Action Plans (AAPs) under VEVRAA. The speakers discuss how these inflation adjustments by the Federal Acquisition Regulatory (FAR) Council affect AAPs for contractors holding prime and necessary sub-awards, as well as ongoing compliance obligations for covered contractors such as job postings, self-identification, outreach and recruitment, and accommodation processes.
In this episode of our Cross-Border Catch-Up podcast series, Goli Rahimi (Chicago) and Kate Thompson (New York, Boston) unpack Singapore’s new Workplace Fairness (Dispute Resolution) Bill to explain how the new grievance and dispute resolution process will work, and what procedural safeguards and employee protections will come into effect. The speakers outline timelines toward an anticipated 2027 effective date, highlight employer defenses, and offer practical steps global employers can take now to prepare for a culture of early resolution and legally robust fairness practices.
In this episode of our Safety Perspectives From the Dallas Region podcast series, shareholders John Surma (Houston) and Frank Davis (Dallas) break down a new Amarillo federal lawsuit that challenges OSHA’s authority to issue safety standards as an unconstitutional delegation of legislative power. The speakers analyze how the case intersects with recent Supreme Court trends post-Loper Bright, discuss potential outcomes and risks for employers (including reliance on the General Duty Clause), and consider what this could mean for federal OSHA versus state-plan states and ongoing enforcement strategy.
In this episode of Dirty Steel-Toe Boots, Phillip Russell (shareholder, Tampa) and Lance Witcher (shareholder, St. Louis), discuss how to empower your workforce through developing, training on, and executing effective OSHA inspection protocols. From definitions of rights and responsibilities, to how to handle document requests and employee interviews, Lance and Phillip provide practical insights that will help prepare your safety and operational teams for any OSHA visit.
In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York) and Goli Rahimi (Chicago) discuss major employment law changes in Poland, Belgium, and the Netherlands. Goli and Shirin, both of whom are members of the firm’s Cross-Border Practice Group, highlight a Polish Labor Code provision that significantly impacts how length of service is calculated, thereby affecting an employee’s statutory rights to notice of termination, severance, and paid leave. They also cover the introduction of a cap on notice periods for terminations in Belgium and the Netherlands’ Netherlands’ Clarification of Assessment of Employment Relations and Legal Presumption Act (VBAR Act), which tightens the distinction between employees and self-employed contractors.
Holiday gifts feel generous—but for payroll they’re often taxable. In this episode of Payroll Brass Tax, Mike Mahoney (shareholder, Morristown/New York) and Stephen Kenney (associate, Dallas) break down when gifts, gift cards, and raffle prizes count as wages, and how the de minimis fringe benefit rules really work. The speakers also discuss the mechanics of valuation, timing, withholding, and gross-ups to help employers avoid audit surprises and keep the season compliant.
In part two of this two-part Payroll Brass Tax podcast series, Mike Mahoney (shareholder, Morristown/New York), who is the chair of the Employment Tax Group, and Stephen Kenney (associate, Dallas) continue their conversation about unemployment tax rate notices. The speakers discuss managing claims to protect employers’ rates and different strategies like voluntary contributions, with special guidance for M&A, nonprofits, seasonal industries, and multistate employers.
n this podcast recorded at our 2025 Corporate Labor and Employment Counsel Exclusive® seminar, Tiffany Stacy (office managing shareholder, San Antonio) and Lisa Burton (office managing shareholder, Boston, Portland, ME) explore the complexities of conducting investigations of highly sensitive issues. Lisa and Tiffany offer insights and tips for handling claims involving sexual harassment, alleged incidents of sexual assault or similar misconduct, and cases with potentially aggravating circumstances such as minor employees and/or the use of substances. The speakers cover important considerations such as maintaining confidentiality, preserving evidence, the value of attorney-client privilege, the importance of having an investigator with high emotional intelligence, handling interviews and making credibility assessments, ensuring the safety and wellbeing of employees and assigned investigators, and reporting responsibilities.
In part one of this two-part Payroll Brass Tax podcast series, Mike Mahoney (shareholder, Morristown/New York), who is the chair of the Employment Tax Group, is joined by Stephen Kenney (associate, Dallas) to demystify unemployment tax rate notices—the one piece of mail that can swing your payroll costs by thousands or even millions. The speakers unpack how rates are calculated, what to check the moment a notice arrives, as well as when and how to appeal.
In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York) and Patty Shapiro (San Diego) discuss Spain’s new Royal Decree 1155/2024, which clarifies when non-European Union (EU) nationals holding a valid work permit in another EU member state can perform short-term, project-based work in Spain without securing a separate Spanish permit. The speakers explain the criteria for posted workers, outline the visa and residence requirements for assignments lasting up to 180 days, and offer practical takeaways for global employers managing cross-border deployments.
In this episode of our Cross-Border Catch-Up podcast series, Patty Shapiro (shareholder, San Diego) and Shirin Aboujawde (of counsel, New York) discuss the complexities of conducting background checks from an international employment law perspective. The speakers review the varying regulations and practices across different jurisdictions, including limitations on criminal background checks, the nuances of employment references, and the permissibility of drug testing and medical exams.
In this episode of our Cross-Border Catch-Up podcast series, Lina Fernandez (Boston) joins Julie Brooks (New York) to discuss Italy’s fast-evolving rules on fixed-term contracts, from the 12- and 24-month thresholds to the new grounds introduced by Law 85/2023. The speakers also explain caps on headcount, fresh prohibitions, heightened damages exposure and the practical steps multinationals must take now to avoid unintended conversions to open-ended employment.
In this podcast recorded at our recent Corporate Labor and Employment Counsel Exclusive® seminar, Nonnie Shivers (office managing shareholder, Phoenix) and Scott Kelly (shareholder, Birmingham) discuss the rapidly changing and increasingly complex legal landscape surrounding diversity, equity, and inclusion (DEI) initiatives, focusing on recent enforcement trends and guidance from the EEOC and Department of Justice. Scott, who is chair of the firm’s Workforce Analytics and Compliance Practice Group and Government Contracting and Reporting Practice Group, and Nonnie, who is co-chair of the firm’s Diversity, Equity, and Inclusion Compliance Practice Group, provide insights into new priorities, enforcement actions, and practical considerations for employers navigating DEI compliance, including the risks of rebranding or modifying programs without addressing underlying legal concerns. The conversation highlights the importance of understanding both current and emerging legal frameworks to effectively manage risk and opportunities in workplace DEI efforts.
In this podcast recorded at our recent Corporate Labor and Employment Counsel Exclusive® seminar, Tae Phillips (shareholder, Birmingham), Jim Paul (shareholder, St. Louis/Tampa), and Scott Kelly (shareholder, Birmingham) continue their discussion of the EEOC’s evolving enforcement priorities—with a particular focus on gender identity issues. Scott (who chairs the firm’s Workforce Analytics and Compliance Practice Group) analyzes recent executive orders, legal challenges, and the impact of Supreme Court decisions such as Bostock and Muldrow on workplace protections for transgender individuals. Scott also highlights the complexities faced by nationwide employers due to varying federal, state, and local laws, as well as the intersection of gender identity and religious objections in the workplace—which underscores the importance of staying informed about both legal developments and practical workplace challenges.
In this podcast recorded at our recent Corporate Labor and Employment Counsel Exclusive® seminar, Tae Phillips (shareholder, Birmingham), Jim Paul (shareholder, St. Louis/Tampa), and Scott Kelly (shareholder, Birmingham) continue their discussion of the EEOC’s evolving enforcement priorities—this time focusing on disability discrimination. Jim (who is co-chair of the firm’s Disability Access Practice Group) highlights a lack of new federal initiatives on disability access, a reduction in federal enforcement resources, and an increase in private and state-level actions regarding disability rights. The episode concludes with practical advice for employers to maintain strong disability accommodation policies and emphasizes the importance of remaining vigilant and proactive in handling disability accommodation requests despite shifting federal enforcement trends.
In this episode of our Cross-Border Catch-Up podcast series, Goli Rahimi (Chicago) and Tatjana Serbina (Berlin) break down Germany’s evolving requirements for recording employee working hours. The speakers discuss the 2019 European Court of Justice ruling mandating all EU member states to require employers to establish an objective system of recording employee working hours under the working time directive and how Germany has since implemented this decision in its own laws. The speakers provide practical steps employers should take to ensure compliance—especially in the era of remote and flexible work.
In this podcast recorded at our recent Corporate Labor and Employment Counsel Exclusive® seminar, Tae Phillips (shareholder, Birmingham), Jim Paul (shareholder, St. Louis/Tampa), and Scott Kelly (shareholder, Birmingham) continue their discussion of the EEOC’s evolving enforcement priorities—this time addressing religious discrimination, harassment, and accommodations in the workplace. Jim (who is co-chair of the firm’s Disability Access Practice Group) examines recent trends, including the rise in religious accommodation requests, the impact of federal executive orders, and the challenges employers face in navigating religious and political overlap in employee requests. The conversation highlights the complexities of accommodating diverse religious beliefs while maintaining compliance with Title VII of the Civil Rights Act and fostering a respectful work environment.
In this podcast recorded at Ogletree’s recent Corporate Labor and Employment Counsel Exclusive® seminar, Kristin Higgins (office managing shareholder, Dallas) and Jenn Betts (office managing shareholder, Pittsburgh) discuss the use of artificial intelligence (AI) by employers, including in hiring and recruiting. Jenn, who is co-chair of Ogletree Deakins’ Technology Practice Group, and Kristin provide an overview of California’s newly effective regulations prohibiting employers from using an “automated decision system” to discriminate against applicants or employees on a basis protected by the California Fair Employment and Housing Act. Kristin offers an overview of the consumer-focused Texas Responsible Artificial Intelligence Governance Act, which goes into effect in January. They conclude the discussion with pointers for employers, such as forming workgroups to evaluate new AI tools before deploying them in the workplace.
In this episode of our Cross-Border Catch-Up podcast series, Patty Shapiro (shareholder, San Diego) and Goli Rahimi (of counsel, Chicago) focus on the multifaceted Asia Pacific (APAC) region, home to over 40 countries, each with its own legal system, language, and business culture. Goli and Patty explore the diverse landscape of employee protections and employer obligations, from hiring and onboarding to employment contracts and terminations.
They highlight critical stages where compliance risks may arise and the importance of understanding cultural norms. Patty and Goli also provide a brief overview of Japan’s lifetime employment system and South Korea’s similar approach to employee protections, as well as some of the unique challenges for employers in India, Australia, and Taiwan.
In part one of this podcast series recorded at our recent Corporate Labor and Employment Counsel Exclusive® seminar, Scott Kelly (shareholder, Birmingham), Tae Phillips (shareholder, Birmingham), and Jim Paul (shareholder, St. Louis/Tampa) discuss the EEOC’s new enforcement priorities, with a particular focus on national origin discrimination and the agency’s increased emphasis on protecting workers from anti-American bias. Tae (who is co-chair of the firm’s Drug Testing Practice Group) and Scott (who chairs the firm’s Workforce Analytics and Compliance Practice Group) review recent statements from the EEOC’s acting chair, highlight the legal definitions and practical implications of national origin discrimination under Title VII of the Civil Rights Act, and share observations about a rise in related EEOC charges. The conversation also touches on the importance for employers to coordinate labor, employment, and immigration practices in light of these evolving enforcement trends.
In this podcast recorded at our recent Corporate Labor and Employment Counsel Exclusive® seminar, Christine Bestor Townsend (shareholder, Milwaukee/Chicago) and Tobias Schlueter (shareholder, Chicago), explore the dynamic landscape of restrictive covenants, offer updates on recent developments, and emphasize the need for employers to adopt thoughtful, tailored approaches to ensure enforceability, Tobias and Christine, who is co-chair of the firm’s Unfair Competition and Trade Secrets Practice Group, offer an overview of the evolving focus of the Federal Trade Commission (FTC), discuss current federal agency focus on restrictive covenant agreements, state developments, and reflect on trends in the area, including restrictions on the use of non-competes for healthcare workers and low-wage earners.
In this podcast recorded at our recent Corporate Labor and Employment Counsel Exclusive® seminar, Dee Anna Hays (shareholder, Tampa) and Sarah Kuehnel (shareholder, Tampa/St. Louis) discuss the increasingly complex challenge of complying with a multitude of varying state laws in an era of significant changes in federal policies. Sarah and Dee Anna (who is co-chair of the firm’s Multistate Advice and Counseling Practice Group) explore the implications of key federal changes on state-level regulations and the heightened need for employers to adapt to various state laws on issues like wage and hour requirements, mandatory leave programs, noncompete agreements, workplace safety issues, and anti-discrimination protections. They also will discuss time-saving methods in-house counsel can employ to maintain and monitor compliance, including leveraging technology and automation to promote consistency across multistate operations.
In this inaugural episode of Ogletree’s No Tax, No Problem podcast series, Scott DeLuca (of counsel, Buffalo) and Chris Hammon (shareholder, Miami)—who are the co-chairs of Ogletree Deakins’ Hospitality Group, are joined by Mike Mahoney (shareholder, Morristown/New York) to discuss the “no tax on tips or overtime” provisions of the One Big Beautiful Bill Act. Mike, who is the chair of the firm’s Employment Tax Practice Group, explains what qualifies as tips and tipped occupations, how withholdings would change, and when the rules would kick in. The speakers also examine potential impacts on service and hourly workers, payroll systems, and federal/state revenues, providing essential insights for employers in the hospitality industry.
In this podcast recorded at our recent Corporate Labor and Employment Counsel Exclusive® seminar, Stacy Bunck (shareholder, Kansas City) and Will Ruggiero (shareholder, Stamford) discuss retaliation claims in the workplace, particularly focusing on best practices for disciplining employees who have filed complaints. Will and Stacy share insights on the prevalence of retaliation claims, legal standards, and real-world case examples to illustrate how employers can mitigate risk and defend against such allegations. The conversation emphasizes the importance of thorough documentation, objective decision-making, and careful handling of sensitive employment situations.
In this podcast, Roger James (partner and co-chair of Ogletree Deakins’ Global Reorganizations Practice Group, London) and Kate Martin (of counsel, London) present practical strategies for executing the HR side of complex cross-border restructurings such as RIFs with confidence. The speakers emphasize the importance of planning and coordination with these projects and distill essential legal and operational considerations into clear, actionable tips for upcoming reorganizations.
In this episode of The AI Workplace podcast series, Sam Sedaei (associate, Chicago) is joined by Simone Francis (office managing shareholder, St. Thomas; shareholder, New York) to unpack what AI notetakers are and the legal risks they raise at work, including all‑party consent, privacy and notice obligations, privilege and trade secrets, NLRA considerations, transcript access/retention, and litigation holds. The speakers also discuss vendor due diligence, limits on training data, security controls, and how to craft clear, balanced policies tailored to different use cases and audiences.
In this episode of Ogletree Deakins’ Litigation Lens podcast series, shareholders Michael Nail (Greenville) and Fiona Ong (Baltimore) dissect a Seventh Circuit Court of Appeals case concerning an accommodation request brought under the Rehabilitation Act. The speakers explain why the Seventh Circuit found the employer’s alternative accommodation reasonable in a case involving a VA hospital employee’s request for parking and scooter storage amid COVID-19-related entrance changes. Michael and Fiona—emphasize that accommodations must be effective, not perfect—and cover the interactive process, changing accommodations without proving undue hardship, and damages considerations.
In this episode of Ogletree Deakins’ EEOC Exclusive podcast series, Adam Dougherty (shareholder, Dallas), D’Ontae D. Sylvertooth (shareholder, Washington), and Sean Oliveira (associate, St. Louis) discuss the priorities, philosophy, and early actions of the new EEOC leadership, exploring what the Commission’s approach (both before and after quorum) means for employers, employees, and ongoing enforcement. The speakers break down how shifts on DEI, religious accommodation, pregnancy-related policies, and systemic enforcement could reshape compliance strategies for employers and litigation risk in the months ahead.
In this podcast, Meagan Dziura (Raleigh) and Awanti Damle Sharda (Raleigh) provide a comprehensive update on the latest H-1B cap lottery results, highlighting increased selection rates, a sharp drop in multiple registrations, and the potential for a new wage-weighted selection system. The speakers also discuss practical next steps for employers and employees not selected in the lottery, including alternative visa options and strategic planning for future H-1B seasons.
In this episode of our EEOC Exclusive podcast series, Adam Dougherty (shareholder, Dallas) sits down with D’Ontae Sylvertooth (shareholder, Washington) and Sean Oliveira (associate, St. Louis) to deliver a clear, timely breakdown of what a government shutdown means, why it happens, and how it affects everything from employers to federal workers to everyday services. The speakers unpack the politics and process behind funding standoffs, the real-world consequences for businesses, and what to watch in the days ahead.
In this podcast, Heather Ptasznik (shareholder, Detroit (Metro)) breaks down the challenges of managing intermittent Family and Medical Leave Act (FMLA) leave, from spotting red flags of potential abuse to maintaining consistency and morale. Heather shares practical tools for employers—clear call-out policies, certifications and recertifications, second opinions, lawful surveillance, and manager training—to keep programs compliant, fair, and defensible.
In this episode of our Cross-Border Catch-Up podcast series, Carlos Colón-Machargo and Kate Thompson explore the legal complexities of reductions in force (RIFs) across the Caribbean. In this episode, the speakers unpack the differences between individual and collective redundancies, highlight key procedural requirements and jurisdictional quirks, and offer practical tips to help employers navigate RIFs without triggering litigation.
In this episode of our Safety Perspectives From the Dallas Region podcast series, shareholders John Surma (Houston) and Frank Davis (Dallas) discuss the recent Fifth Circuit decision that found the dual for-cause removal protections for administrative law judges (ALJs) at the National Labor Relations Board unconstitutional, and its implications for the Occupational Safety and Health Review Commission (OSHRC). The speakers break down how this ruling could halt OSHA enforcement proceedings in the Fifth Circuit, potentially render the current OSHRC structure unconstitutional, and force Congress to revisit the statutory framework for workplace safety adjudication.
In this episode of Ogletree Deakins’ Safety Basics podcast series, shareholders John Surma (Houston) and Karen Tynan (Sacramento) discuss the intricacies of state plans in comparison to federal Occupational Safety and Health Administration (OSHA) regulations. John and Karen, who is co-chair of Ogletree’s Workplace Safety and Health Practice Group, explore the processes for approval and monitoring, highlight differences in recording and reporting requirements, and examine the nuances of inspections, citations, appeals, and settlements in states that have their own plans.
In this second episode of Ogletree Deakins’ new podcast series Litigation Lens, Michael Nail (Greenville) is joined by Fiona Ong (Baltimore) and Sarah Zucco (New York) to discuss a recent Second Circuit decision that clarifies employers’ obligations to provide reasonable accommodations under the Americans with Disabilities Act (ADA)—even when an employee can technically perform essential job functions without them. The speakers unpack the facts of a case involving a New York teacher’s request for accommodations due to post-traumatic stress disorder (PTSD), explain the court’s rejection of a “necessity-only” standard, and offer practical tips for navigating the fact-intensive, multi-jurisdictional landscape of disability accommodation law.
In this episode of our Cross-Border Catch-Up podcast series, Diana Nehro (shareholder, New York/Boston), who is the chair of the Cross-Border Practice Group, and Kate Thompson (associate, New York/Boston) discuss the nuances of global hiring, focusing on the differences between an employer of record (EOR) and an agent of record (AOR). The speakers evaluate the pros and cons of each model, highlight compliance risks, and provide practical tips for employers to effectively and compliantly build their international teams.
In this episode of Ogletree Deakins’ Safety Basics podcast series, John Surma (shareholder, Houston) sits down with Ryan Swink (associate, Houston) to discuss judicial review in the context of Occupational Safety and Health Administration (OSHA) citations. John and Ryan review the steps employers should consider when contesting OSHA citations, the roles of Occupational Safety and Health Review Commission (OSHRC) commissioners and administrative law judges, and the legal standards that apply during appeals. The speakers also address constitutional challenges and other legal issues employers may encounter when disputing OSHA citations.
In this episode of our Cross-Border Catch-Up podcast series, Skye Hao (Atlanta) and Kate Thompson (New York/Boston) discuss the importance of cultural sensitivity in global employment policies and its contribution to organizational success. Kate and Skye highlight that creating inclusive and respectful work environments enhances communication and engagement among employees, boosts morale, and fosters cohesive teams. They also emphasize that some policies may need to be tailored to align with local practices while ensuring legal compliance, with leadership playing a pivotal role in cultivating a culturally sensitive workplace.
In this episode of our Cross-Border Catch-Up podcast series, Skye Hao (Atlanta) and Lina Fernandez (Boston) explore the significant changes in Hong Kong’s employment regulations, specifically the transition from the 418 rule to the new 468 rule. The speakers discuss how this change, which will take effect in January 2026, aims to improve protections for part-time and casual workers by redefining the qualifications for continuous contracts. They also examine the implications of these changes for both employees and employers in Hong Kong’s dynamic labor market.
In this installment of our Payroll Brass Tax podcast series, Mike Mahoney, a shareholder in the firm’s Morristown and New York offices and chair of the Employment Tax Group, speaks with Elizabeth Lutes, Executive Vice President of Transition Services, Inc., to discuss supplemental unemployment benefits (SUBs), or SUB plans. They explore how SUB plans can provide a cost-effective alternative to traditional severance packages and cover the potential tax savings, design flexibility, and implementation strategies that make SUB plans a valuable resource for employers facing workforce reductions.
In this inaugural episode of our EEOC Exclusive podcast series, Adam Dougherty (shareholder, Dallas) sits down with Jim Paul (shareholder, St. Louis and Tampa), D’Ontae Sylvertooth (shareholder, Washington) and Sean Oliveira (associate, St. Louis) to discuss the intricacies and processes of the U.S. Equal Employment Opportunity Commission (EEOC). The conversation focuses on the impact of the Supreme Court’s Loper Bright decision on EEOC regulations following the dismantling of Chevron deference, particularly in relation to the Prichard v. Long Island University case.
In this podcast, Meagan Dziura (Raleigh) and Derek Maka (Boston) discuss the intricacies of business travel to the United States and the importance of adhering to visa regulations. The speakers cover the limitations of B-1 visas and ESTA authorizations, the risks associated with unauthorized work, and alternative visa options such as the intermittent L-1 and TN visas for frequent business travelers.
In this episode of Ogletree Deakins’ Safety Basics podcast series, John Surma (shareholder, Houston) sits down with Ryan Swink (associate, Houston) to discuss the critical topic of criminal liability in relation to occupational safety and health law. The speakers explore the nuances of the criminal provisions of the Occupational Safety and Health (OSH) Act, the overlap with federal criminal law, and the implications for employers as they navigate the complexities of Occupational Safety and Health Administration (OSHA) investigations and work to reduce potential criminal exposure.
In this episode of our Safety Perspectives From the Dallas Region podcast series, shareholders Frank Davis (Dallas) and John Surma (Houston) conclude their discussion with former federal whistleblower investigator Jeff Cedar. They delve into the Occupational Safety and Health Administration’s (OSHA) whistleblower process, focusing on the importance of credible evidence in determining whether a complaint is actionable. The speakers highlight the benefits for employers in understanding whistleblower protections under a myriad of laws. They reiterate that actionable complaints must demonstrate four key elements: evidence of a protected activity, the employer’s knowledge of that activity, an adverse employment action, and a causal connection between the protected activity and the adverse employment action.
In the latest installment of our Payroll Brass Tax podcast series, Victoria Vish (shareholder, Dallas) and Stephen Kenney (associate, Dallas) discuss the implications of the recently signed “One Big Beautiful Bill,” highlighting the bill’s no-tax-on-tips and no-tax-on-overtime provisions. Stephen and Victoria also explain the expansion of the Federal Insurance Contributions Act (FICA) tax credit to include the beauty and aesthetics industry. They conclude the episode with a discussion on the anticipated Internal Revenue Service (IRS) guidance and its potential impact on reporting requirements.
In this episode of our Safety Perspectives From the Dallas Region podcast series, shareholders John Surma (Houston) and Frank Davis (Dallas) are joined by former federal whistleblower investigator Jeff Cedar for a wide-ranging discussion of the Occupational Safety and Health Administration’s (OSHA) whistleblower investigation process. Jeff provides a helpful overview of the process, from receipt of a complaint and assignment to an investigator to interviewing complainants and decision-makers. The speakers also review the critical elements in establishing an actionable complaint, including engaging in protected activity, employer knowledge of that activity, an adverse employment action, and a nexus between the protected activity and the adverse employment action.
In this episode of In The Breakroom, host Bill Grob (shareholder, Tampa) is joined by Melissa Bailey (shareholder, Washington, D.C.) to discuss the viral Coldplay concert scandal involving high-profile executives. Melissa and Bill discuss the implications of workplace relationships, the importance of HR integrity, and the legal ramifications for companies, including the PR and financial consequences of going viral. Tune in to hear their analysis on how employers should navigate these tricky situations and the broader impact on organizational trust and culture.
In this episode of our Cross-Border Catch-Up podcast series, Lina Fernandez (Boston) and Carlos Colón-Machargo (Atlanta) discuss Colombia’s Law 2466 of 2025, a significant labor reform aimed at strengthening workers’ rights. The speakers review the key changes introduced by the law, including the prioritization of indefinite term contracts, new regulations for workplace investigations, adjustments to working hours, expanded paid leave, and enhanced protections for vulnerable groups, among other important updates.
In this episode of our podcast series, The AI Workplace, Sam Sedaei (associate, Chicago) is joined by Cécile Martin (partner, Paris) to discuss a landmark French court case on a company’s pilot implementation of artificial intelligence (AI) tools on select employees. The Nanterre Court of Justice ruled that deploying AI tool applications in an experimental or pilot phase required prior consultation with the works council due to significant employee interaction with the project. Cécile and Sam highlight the importance of assessing the scope of AI tool experimentation, including how many employees will be trained on and allowed to use AI tools, to determine whether works council consultation is required. Cécile also provides a general overview of the types of works councils in France, their powers, and the circumstances under which employers must inform and consult the councils.
In this installment of our Payroll Brass Tax podcast series, Mike Mahoney (shareholder, Morristown/New York) and Stephen Kenney (associate, Dallas) discuss the many issues that come into play when determining how to make the final wage payment for a deceased employee. They outline a three-step process for handling these payments: 1) review state and federal laws to determine who is entitled to receive the final paycheck, how much can be paid, and the timing of the payment; 2) obtain the necessary documentation to release the final wages and verify the legal right of the beneficiary or estate representative to receive the payment; and 3) communicate clearly with beneficiaries or estate representatives to ensure they understand the process and requirements for receiving the final wage payment.
In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York) and Goli Rahimi (Chicago) discuss the complexities of reversing work-from-home policies from an international employment law perspective. Goli and Shirin review the legal intricacies and potential challenges global employers may face when asking employees to return to the office, highlighting the differences between U.S. and international practices and the importance of careful planning and consultation.
In this episode of our Cross-Border Catch-Up podcast series, Diana Nehro (shareholder, New York/Boston), who is the chair of the Cross-Border Practice Group, and Skye Hao (associate, Atlanta) discuss the evolving legal landscape of retrenchment in Malaysia. The conversation highlights the importance of genuine selection criteria, the legal requirements established under Malaysian law, and best practices for employers to create a fair and compliant retrenchment process.
In part two of this podcast series, Jim Plunkett, a shareholder in the firm’s Washington, D.C., office, and Meagan Dziura, who serves as of counsel in Raleigh, continue their discussion on the immigration impacts of President Trump’s second term. The speakers examine the increased scrutiny surrounding employment-based visas, the effects of executive orders, and the heightened enforcement measures at the border. They also address the future outlook for temporary protected status (TPS) and the Deferred Action for Childhood Arrivals (DACA) program.
In part one of this podcast series, Jim Plunkett (shareholder, Washington, D.C.) and Meagan Dziura (of counsel, Raleigh) discuss the significant impacts of immigration policies during President Trump’s second term. The speakers delve into the administration’s use of executive orders, the heightened scrutiny on student visas, and the broader implications for employment-based immigration, providing listeners with a comprehensive update on the evolving landscape and what to expect moving forward.
In this episode of our Cross-Border Catch-Up podcast series, Patty Shapiro (shareholder, San Diego) and Goli Rahimi (of counsel, Chicago) discuss significant upcoming changes to South Korea’s Labor Standards Act. Goli and Patty cover the new amendments aimed at ensuring timely wage payments, eliminating comprehensive wage systems, and outlining the serious financial and reputational consequences for employers that fail to comply. These amendments are scheduled to take effect in October 2025
In the final installment of this three-part podcast series, Karen Tynan, co-chair of the firm’s Workplace Violence Prevention Practice Group, and Dan Skoczylas wrap up their discussion on active shooter incidents by focusing on training and practical preparedness tips. Karen, a shareholder based in Sacramento, and Dan emphasize the importance of effective active shooter preparedness training for employers. They discuss the nuances of different training methods and the critical role of policy and record-keeping in reducing the risks of workplace violence.
The second installment of the three-part podcast series features Karen Tynan, who co-chairs the Workplace Violence Prevention Practice Group, and guest speaker Dan Skoczylas as they continue their discussion of the Federal Bureau of Investigation’s (FBI) 2024 report on “Active Shooter Incidents in the United States.” Karen (shareholder, Sacramento) and Dan, who is a workplace violence mitigation consultant, review the report’s data on the duration of incidents and law enforcement response times and what these mean for employer training and preparedness. They also explore the role of security personnel and the importance of recognizing behavioral warning signs.
In this episode of our Cross-Border Catch-Up podcast series, Skye Hao (associate, Atlanta) discusses some of the hottest cross-border topics of 2025, from the European Union’s (EU) pay transparency directive and non-compete clause reforms to the evolving gig economy and artificial intelligence (AI) regulations. Tune in to stay informed on legislative reforms, case law updates, and emerging trends that are reshaping employer obligations, workplace practices, and employment laws worldwide.
n this episode of Ogletree Deakins’ Safety Basics podcast series, John Surma (shareholder, Houston) sits down with Frank Davis (shareholder, Dallas) to discuss OSHA’s imminent danger inspections. Frank and John explain what constitutes an imminent danger, the common scenarios that trigger these inspections, and the procedural steps involved. They also cover the rights and responsibilities of employers, including how to handle document requests and employee interviews, as well as the importance of immediate hazard abatement.
In the first part of this three-part podcast series, Karen Tynan, a shareholder in the firm’s Sacramento office and co-chair of the Workplace Violence Prevention Practice Group, joins workplace violence mitigation consultant Dan Skoczylas to discuss the FBI-s 2024 report on “Active Shooter Incidents in the United States.” Karen and Dan examine the data presented in the report but emphasize the importance of going beyond statistics to assess and mitigate risk. They explore the report’s nuances, including response times, the categorization of incidents, and the practical implications for businesses aiming to enhance their workplace safety protocols.
In this podcast, Daniella McGuigan (partner, London) and Jim McGrew (Chief Client Services Officer, New Orleans) discuss the European Union’s (EU) pay transparency directive and its implications for employers. Daniella provides an overview of the directive, emphasizing its aim to enforce equal pay for equal work or work of equal value, and outlines the requirements and challenges employers will face in complying with this new legislation. The conversation also touches on the potential penalties for noncompliance and compares the directive to similar legislation in other parts of the world, highlighting the unique aspects of the EU’s approach. Daniella and Jim discuss some best practices for employers—such as evaluating job architecture and pay structures—as they start to prepare for the directive’s June 2026 effective date.
In this podcast, Harris Freier (shareholder, Morristown) and Lauren Watson (associate, Raleigh) discuss the growing issue of misdirected wire transfers tied to data breaches. Lauren and Harris begin by addressing social engineering and phishing, and how these types of business email compromise scams by cybercriminals occur. The speakers also review the importance of having an incident response plan, the legal obligations for breach notifications, and strategies for recovering misdirected funds, emphasizing the need for swift action and thorough verification processes to prevent future incidents.
In the second installment of Ogletree Deakins’ new podcast series, Payroll Brass Tax, Mike Mahoney (shareholder, Morristown/New York) and Stephen Kenney (associate, Dallas) discuss multi-jurisdictional tax issues for hybrid and remote employees. Stephen explains the complexities employers face with varying state and local income tax withholding rules, unemployment insurance contributions, and state-specific benefit programs, emphasizing the importance of a state-by-state analysis. Mike and Stephen explore the nuances of non-resident income tax withholding, reciprocal income tax agreements, and the “convenience of the employer” rule. They also address the impact of multi-jurisdictional employees on state benefit contributions and the registration obligations for employers with remote workers in new jurisdictions.
In this episode of our podcast series, The AI Workplace, Sam Sedaei (associate, Chicago) and Hera Arsen (Director of Content) discuss recent developments in the rapidly evolving world of artificial intelligence (AI) and its application in the workplace. Sam and Hera delve into a proposed federal regulation that aims to prevent states from regulating AI for the next decade. They also discuss a significant collective action, which alleges that an employer’s use of AI-based hiring tools resulted in age, race, and disability-related discrimination. The podcast wraps up with an overview of new regulations in California concerning employers’ use of AI and automated decision-making systems. The regulations, which may take effect as early as July 1, 2025, clarify that using this technology to make employment decisions may violate the state’s anti-discrimination laws and outline the limitations on such use.
In this podcast, Scott Kelly (shareholder, Birmingham) sits down with Tim Fox, the Director of Ogletree’s Practice Innovation and Analytics team, to discuss the firm’s new Workforce Analytics and Compliance Practice Group. Scott, who chairs the practice group, and Tim explain how the new group utilizes the firm’s data analytics capabilities to help employers with compliance in a wide range of challenging areas, including equal employment opportunity, government reporting, and pay equity. They also discuss how a multidisciplinary approach enables legal and analytics professionals to collaborate in assisting employers throughout the employment life cycle, from hiring and compensation to benefits and retention.
In part two of our Cybersecurity installment of our Workplace Strategies Watercooler 2025 podcast series, Ben Perry (shareholder, Nashville) and Justin Tarka (partner, London) discuss the steps to take after resolving and containing a ransomware incident. Justin and Ben, who is co-chair of the firm’s Cybersecurity and Privacy Practice Group, highlight several key areas, including preparing the response team, implementing training for relevant employees and regular reviews of cybersecurity measures; developing a comprehensive incident response plan and assembling a dedicated response team; identifying opportunities for long-term infrastructure improvements; and assessing other areas of external risk management, such as data mapping and retention processes, vendor due diligence, and notification obligations.
In this episode of our Cross-Border Catch-Up podcast series, Patty Shapiro (shareholder, San Diego) and Maya Barba (associate, San Francisco) discuss key considerations for short-term international business travel. Maya and Patty explore the distinction between “business activity” and “productive work”—a difference that can determine whether work authorization is required. They also touch on duty of care and what that means for employers supporting employees on international business travel.
In this podcast, Jay Patton (shareholder, Birmingham) and Kiosha Dickey (counsel, Columbia) provide an update on significant changes to EEO-1 filing obligations. Kiosha and Jay discuss the shorter EEO-1 filing window, which opened on May 20, 2025, and which will close on June 24, 2025. They also discuss the removal of the non-binary reporting option in alignment with Executive Order 14168 and discuss its implications for employers. Kiosha and Jay offer practical tips for reporting remote employees, emphasizing the importance of correctly assigning fully remote staff based on their supervisor’s location. They also cover the critical steps for reporting mergers, acquisitions, and spinoffs, highlighting the need for early preparation and accurate data collection.
In part one of our Cybersecurity installment of our Workplace Strategies Watercooler 2025 podcast series, Ben Perry (shareholder, Nashville) and Justin Tarka (partner, London) discuss key factors employers should consider when facing ransomware incidents. The speakers begin by simulating an incident response and outlining the necessary steps to take after a security breach occurs. Justin and Ben, who is co-chair of the firm’s Cybersecurity and Privacy Practice Group, discuss best practices when investigating a ransomware incident, assessing the impact of the incident, containing the situation, communicating with stakeholders, fulfilling notification requirements, and adhering to reporting obligations. The speakers also address considerations when responding to ransom requests, including performing a cost-benefit analysis regarding payment, reviewing insurance coverage, identifying potential litigation risks, fulfilling ongoing notification obligations, addressing privacy concerns, and more.
In this episode of our Cross-Border Catch-Up podcast series, Maya Barba (San Francisco) and Kate Thompson (New York, Boston) discuss the intricacies of mandatory anti-harassment training and policies across various countries. Kate and Maya provide an overview of the requirements in Australia, China, South Korea, India, Romania, and Peru, among other countries. The speakers review which employees need to be trained, the duration and frequency of required training programs, and the types of harassment, including sexual harassment, discrimination, and bullying, that these trainings must cover.
In this installment of our Workplace Strategies Watercooler 2025 podcast series, Jim Paul (shareholder, St. Louis/Tampa), Julianne Pinter (senior counsel, Torrance), and Vince Verde (shareholder, Orange County) discuss large runaway jury verdicts and strategies to avoid them. The speakers begin by reviewing statistics that highlight several reasons for the trend of “nuclear verdicts,” citing contributing factors such as jury attitudes towards management and employers, witness and counsel credibility, lack of documentation supporting the disputed adverse employment action, and perceptions about the fairness of the law. The speakers then look at examples of substantial runaway verdicts and share insights on preventive measures that can be implemented at the HR level, including seeking legal counsel early in the process and ensuring proper employee training, documentation, and thorough investigations.
In Ogletree Deakins’ new podcast series Litigation Lens, Shareholder Michael Nail (Greenville) will discuss and analyze real employment law cases and outcomes to provide listeners with practical takeaways and insights. In the inaugural episode, Michael is joined by Sarah Zucco (of counsel, New York) to discuss a recent summary judgment opinion from the U.S. District Court for the District of Kansas regarding a case involving a supervisor who was allegedly “forced” to retire for failing to report a sexual harassment complaint, as required by company policy. The plaintiff alleged that he was the victim of age discrimination; however, the court found the employer’s decision was legitimate and not pretextual. This episode provides practical tips for employers on how to handle similar situations.
In this installment of our Workplace Strategies Watercooler 2025 podcast series, Sherry Talton (shareholder, Houston/Seattle) and Fiona Ong (shareholder, Baltimore) discuss the U.S. Equal Employment Opportunity Commission’s (EEOC) 2024 updated workplace harassment guidance. With the shift in enforcement focus under the new administration, Fiona and Sherry emphasize the importance of staying informed and adapting to the evolving legal landscape. This includes awareness of state and municipal laws that may provide specific protections against harassment, especially regarding sexual orientation and gender identity (SOGI). They offer practical tips for developing an effective anti-harassment policy, establishing a robust complaint and reporting process, and implementing sound training and investigation protocols.
In this episode of our Safety Perspectives From the Dallas Region podcast series, shareholders John Surma (Houston) and Frank Davis (Dallas) discuss pending litigation regarding the constitutionality of the Occupational Safety and Health Review Commission (OSHRC) administrative law judges (ALJs). Frank and John review the arguments supporting the claim that the current system for handling workplace safety disputes is unconstitutional. They specifically highlight issues such as the absence of the right to a jury trial, improper appointments of judges, restrictions on the president’s authority to remove judges, and an insufficient number of OSHRC members to adequately review cases.
In this installment of our Workplace Strategies Watercooler 2025 podcast series, David Froiland, a shareholder in Ogletree’s Milwaukee office who co-chairs the RIF/WARN Practice Group, and Brandon Sher, a shareholder in the firm’s Philadelphia office who co-chairs the Retail Industry Group, discuss the complex issues that may arise during the implementation of a reduction in force (RIF). Brandon and David review how the federal Worker Adjustment and Retraining Notification (WARN) Act regulations apply to remote workers and the “single site of employment” criteria. They also cover the specific triggers and requirements of state mini-WARN laws across various jurisdictions. Finally, David and Brandon address a number of other RIF/WARN issues, including statistical analysis and disparate impact theory, disclosures required by the Older Workers Benefit Protection Act (OWBPA), and multistate separation agreements.
In this installment of our Workplace Strategies Watercooler 2025 podcast series, Bill Grob (shareholder, Tampa) sits down with Jennifer Colvin (shareholder, Chicago) and Katie Terry (Assistant General Counsel—Vice President Legal, Mphasis) to discuss the impact of social influences on workforce motivations and communication styles across different generations in the workplace. The conversation focuses on how employers can maximize the strengths of their multigenerational workforce by promoting open communication, encouraging collaboration, providing employee training and individual development opportunities, and offering flexibility in work practices.
In this installment of our Workplace Strategies Watercooler 2025 podcast series, shareholders Christina Mallatt (Indianapolis), who co-chairs the firm’s Drug Testing Practice Group, and Brent Kettelkamp (Minneapolis) discuss the history of drug testing and the current dynamics of this complex and rapidly evolving field. Brent and Christina focus on the implications of legal marijuana use and the growing prevalence of opioid use, whether legal or otherwise. The speakers also explore how employers can establish and enforce effective and legally compliant drug and alcohol testing policies and protocols that are specifically tailored to meet their workplace safety requirements and align with their company culture.
In this installment of our Workplace Strategies Watercooler 2025 podcast series, John Stretton (shareholder, Stamford) and Maria Greco Danaher (shareholder, Pittsburgh) discuss mental well-being and mental health issues in the workplace. Maria and John highlight the challenges employers face when dealing with employees who have mental health conditions, and explore common issues, such as anxiety, depression, addictive behaviors, introversion, and discrimination concerns. The speakers provide tips on how to recognize, discuss, and manage anxiety among employees. They also share effective practices for promoting a professional and emotionally supportive work environment while properly handling accommodation requests under the Americans with Disabilities Act and addressing potential legal concerns.
In this installment of our Workplace Strategies Watercooler 2025 podcast series, shareholders Heather Ptasznik (Detroit (Metro)), Dalton Green (Raleigh), and Burt Garland (St. Louis) discuss the most challenging aspects of leave management—with a particular focus on navigating the Family and Medical Leave Act (FMLA). Heather, Dalton, and Burt tackle the most common pain points in leave administration, including what frontline managers should listen for and how HR can proactively manage the process to minimize legal risks. The speakers answer the most common questions on managing the FMLA, covering topics such as what constitutes proper notice, chronic condition certifications, tracking intermittent leave, training for managers, keeping up with regulatory changes, and more.
In this podcast, shareholders Nonnie Shivers (Phoenix) and Scott Kelly (Birmingham) discuss the complexities of participating in and/or sponsoring cultural events that celebrate diversity, equity, and inclusion (DEI) in light of the current administration’s scrutiny of such programs. Using Pride Month as a focal point, Scott and Nonnie—who co-chairs the firm’s Diversity, Equity, and Inclusion Compliance Practice Group—review the legalities and risks associated with these events. They also offer strategies for employers to balance celebration, education, and compliance while fostering an inclusive workplace.
In this installment of our Workplace Strategies Watercooler 2025 podcast series, three key members of our Diversity, Equity, and Inclusion (DEI) Compliance Practice Group—Simone Francis (St. Thomas/New York), Scott Kelly (Birmingham), and Nonnie Shivers (Phoenix)—address the status of DEI initiatives as they face unprecedented scrutiny. The speakers start by level setting about the status of equal employment opportunity laws, Title VII, Section 1981, and protected characteristics, while outlining strategies for adapting to increased DEI oversight and initiatives from the new administration. Nonnie (who co-chairs the firm’s DEI Compliance Practice Group) drills down on the guardrails organizations can put in place regarding resource and affinity groups in the workplace, in addition to the legal status of quotas and preferences. Simone shares perspectives on the importance of identifying the goals of resource groups when assessing their legality and utility for an organization, and whether organizations have used objective data in designing these programs. Scott probes the usefulness of data regarding the policies, design, and implementation of resource groups especially when ensuring the practices of these groups do not go far afield from the policies used to implement them. Finally, Scott stresses the importance of internal and external communications regarding these programs while assessing their effectiveness.
In this installment of our Workplace Strategies Watercooler 2025 podcast series, Tom Davis (shareholder, Nashville) and Tom Stanek (shareholder, Phoenix)—both of whom are chairs of the firm’s Traditional Labor Relations Practice Group—are joined by Sara E. Olschewske (shareholder, Greenville) to provide the latest updates from the National Labor Relations Board (NLRB). Our speakers reflect on the NLRB under the former administration, when the agency overruled significant precedent and created new rules, most of which dramatically favored labor unions—and how the change in administration has created the opportunity to appoint a new general counsel and two new Board members. The panel also offers insights into what lies ahead for employers in light of the changes brought by the new administration and, in particular, what changes new leadership at the agency may bring to the NLRB and how quickly changes will be implements, and how will they impact employers.
In this installment of our Workplace Strategies Watercooler 2025 podcast series, Jenn Betts (shareholder, Pittsburgh), Simon McMenemy (partner, London), and Danielle Ochs (shareholder, San Francisco) discuss the evolving landscape of artificial intelligence (AI) in the workplace and provide an update on the global regulatory frameworks governing AI use. Simon, who is co-chair of Ogletree’s Cybersecurity and Privacy Practice Group, breaks down the four levels of risk and their associated regulations specified in the EU AI Act, which will take effect in August 2026, and the need for employers to prepare now for the Act’s stringent regulations and steep penalties for noncompliance. Jenn and Danielle, who are co-chairs of the Technology Practice Group, discuss the Trump administration’s focus on innovation with limited regulation, as well as the likelihood of state-level regulation.
In this installment of our Workplace Strategies Watercooler 2025 podcast series, shareholders Lauren Hicks (Indianapolis/Atlanta), Chris Near (Columbia), and Jay Patton (Birmingham), provide updates about the Office of Federal Contract Compliance Programs (OFCCP) under the new administration, as well as recent matters of interest to federal contractors. Jay offers listeners an update on the shortened EEO-1 filing cycle, along with anticipated changes for reporting on non-binary employees, as well as a reminder about continuing obligations for protected veterans and individuals with disabilities. Lauren provides insights on changes to OFCCP’s headcount and structure, the agency’s possible enforcement initiatives, and certification issues under Executive Order (EO) 14173. Chris offers a brief mention of the new EO 14281’s aim to deprioritize disparate impact, along with a reminder to contractors about the unwinding of EO 11246 obligations pursuant to EO 14173.
Ogletree Deakins’ new podcast series, Payroll Brass Tax, offers insights into frequently asked questions about employment and payroll tax. In the inaugural episode, Mike Mahoney (shareholder, Morristown/New York) and Stephen Kenney (associate, Dallas) discuss paid time off (PTO) donation programs, which allow employees to support each other during challenging times, such as natural disasters or prolonged illnesses. Stephen and Mike explain the three types of PTO donation programs—general, medical emergency, and natural disaster—and highlight the tax implications and administrative considerations associated with each type. The speakers emphasize the importance of carefully structuring PTO donation programs to avoid potential tax issues, particularly those related to the assignment of income doctrine, which provides that income is taxed to the individual who earns it, even if the right to that income is transferred to someone else.
In the second part of the two-part Workplace Strategies Watercooler 2025 podcast series on changes employers can expect from the new administration, Jim Plunkett (shareholder, Washington, D.C.) continues his discussion on post-election policy changes with three additional panelists. Stacy Bunck (shareholder, Kansas City) covers the recent changes at the U.S. Equal Employment Opportunity Commission (EEOC), including the Commission’s new makeup, its impact on the agency’s priorities and actions, and how employers can comply with recent EEOC guidance on diversity, equity, and inclusion (DEI) policies and the Pregnant Workers Fairness Act (PWFA). Next, Tina Ho (shareholder, Washington, D.C.) discusses the new administration’s immigration policy actions, which include increased vetting procedures and secondary inspections, delays in processing times for visa and green card applications, revocations in visa status and visa stamps, and employee reporting obligations. Stephanie Smithey, a shareholder in the firm’s Indianapolis office and co-chair of the Employee Benefits and Executive Compensation Practice Group, wraps up the discussion by focusing on the new administration’s goal to deregulate and streamline rules. She covers topics such as mental health parity compliance, HIPAA privacy regulations, environmental, social, and governance (ESG) investing rules, cryptocurrency, and more.
In this installment of our Workplace Strategies Watercooler 2025 podcast series, Luther Wright offers listeners an engaging discussion on how employers can create a cohesive and resilient workforce in the face of change, conflict, and uncertainty. Luther, who is the office managing shareholder of Ogletree’s Nashville office and the firm’s Assistant Director of Client Training, shares strategies for strengthening team connections, enhancing communication, and maintaining a positive work culture during uncertain times. He also provides actionable insights on leading through change while promoting unity and collaboration throughout the organization.
In this episode of our Cross-Border Catch-Up podcast series, Goli Rahimi (Chicago) and Lina Fernandez (Boston) discuss Chile’s new Karin Law, officially known as Law Number 21.647, and break down the law’s key provisions and its implications for employers. Lina and Goli explain how this comprehensive legislation aims to prevent and address workplace harassment and violence by establishing clear definitions, procedures, and preventive measures to promote safer and more respectful work environments. They also outline the responsibilities of employers to create internal protocols, educate employees on how to report misconduct, and investigate complaints in a timely manner.
In part one of this two-part Workplace Strategies Watercooler 2025 podcast series on changes employers can expect from the new administration, Jim Plunkett (shareholder, Washington, D.C.) sits down with Scott Kelly (shareholder, Birmingham) to discuss the current status and challenges faced by federal contractors following changes at the Office of Federal Contract Compliance Programs (OFCCP) due to President Trump’s Executive Order 14173, including the revocation of EO 11246, compliance options, and ongoing obligations under federal anti-discrimination laws. Next, Jim speaks with John Merrell (shareholder, Greenville) regarding expected changes in traditional labor policy, including the makeup of the National Labor Relations Board (NLRB), the role of the general counsel, and the NLRB’s case priorities, standards, and decisions. Finally, Jim talks with Wayne Pinkstone (shareholder, Philadelphia) about anticipated changes within the Occupational Safety and Health Administration (OSHA) during President Trump’s second term, including the administration’s regulatory agenda, the fate of the heat stress rule proposed under the previous administration, and the overall leadership and enforcement of the agency.
In this installment of our Workplace Strategies Watercooler 2025 podcast series, Dee Anna Hays (shareholder, Tampa) and Lucas Asper (shareholder, Greenville), who are co-chairs of the firm’s Multistate Advice and Counseling Practice Group, join Todd Duffield (shareholder, Atlanta) to discuss the latest tips and trends for multistate handbooks. Dee Anna, Lucas, and Todd touch on various state and local law-specific issues and key topics for employers’ consideration, including revisiting diversity, equity, and inclusion (DEI), leaves of absence, and reasonable accommodation policies. They also stress the importance of understanding employee monitoring and privacy limitations and employee rights to engage in protected activity under the National Labor Relations Act, a protection that extends to all employees, including those not represented by a union.
In this installment of our Workplace Strategies Watercooler 2025 podcast series, the speakers from our interactive Accommodations Workshop offer an information-packed look at complex issues under the Americans with Disabilities Act (ADA). Jamie Brod Ashton (shareholder, Dallas) kicks things off by highlighting common mistakes employers often make during the interactive process, including failing to recognize requests for an accommodation, neglecting to conduct individualized assessments, and providing accommodations that remove essential job functions. Charles Thompson (shareholder, San Francisco) and Sheri Giger (shareholder, Pittsburgh) clarify the factors that may justify a failure to accommodate. Charles, who co-chairs the firm’s Leaves of Absence/Reasonable Accommodation Practice Group, and Sheri share examples of operational costs and discuss the nuances of indefinite leave. Michael Riccobono (shareholder, Morristown) wraps up the conversation with insights on “hidden” disabilities, the individualized assessments required to determine whether an employee poses a direct threat to themselves or others, and the right to bring service animals into the workplace.
In this episode of our Multistate Monday podcast series, Dee Anna Hays (co-chair of the firm’s Multistate Advice and Counseling Practice Group), Susan Gorey, and Stephanie Generotti continue their discussion on E-Verify, I-9 requirements, and state-specific mandates. In part two of their conversation, they focus on three types of warrant-based scenarios—administrative, judicial, and operational search—and explain the purpose and scope of each type of warrant. They also emphasize the importance of employers being prepared to respond appropriately to each scenario by designating a point of contact and training frontline employees who may be the first to encounter a U.S. Immigration and Customs Enforcement (ICE) agent.
In this episode of our Cross-Border Catch-Up podcast series, Lina Fernandez (Boston) and Kate Thompson (New York/Boston) delve into the latest developments in Australia’s non-compete legislation. Kate and Lina specifically discuss the proposed ban on non-compete clauses for employees earning below the high-income threshold of $175,000 AUD, its potential impact on job mobility, and how businesses may need to adjust their strategies to protect sensitive information and retain top talent.
In this episode of our Multistate Monday podcast series, Dee Anna Hays, a shareholder in the firm’s Tampa office and co-chair of the Multistate Advice and Counseling Practice Group, sits down with Susan Gorey (senior counsel, Indianapolis) and Stephanie Generotti (of counsel, Tampa) to discuss the evolving landscape of E-Verify requirements across various states. They provide crucial insights on how employers can prepare for potential I-9 audits and non-warrant-based U.S. Immigration and Customs Enforcement inspections, ensuring compliance and minimizing disruptions.
In this podcast, Shareholder Michael McKnight (Raleigh) and Associate Lauren Watson (Raleigh) discuss the primary privacy challenges that manufacturers face, including pitfalls and best practices surrounding employee monitoring, biometric data collection, and information storage, especially when employers use tools enabled with artificial intelligence (AI) to surveil employees. In addition, Lauren and Michael discuss how manufacturers can comply with various state and sector-specific privacy laws and provide practical tips for manufacturers responding to data breaches. Michael and Lauren offer valuable insights on how manufacturers can balance the need to comply with the various privacy laws, protect their employees’—and the employers’ own—data and devices, and efficiently run their manufacturing businesses in an increasingly tech-forward but regulated environment.
In this podcast, Sacramento shareholders and co-chairs of the Workplace Violence Prevention Practice Group, Karen Tynan and Robert Rodriguez, discuss the significant changes brought by SB 553, California’s Workplace Violence Prevention Plan Law, and the implications of its draft regulations. They review specific requirements of the draft regulations and how those requirements may lead to increased costs and overlap with existing requirements such as those in the workers’ compensation system. Robert and Karen emphasize the importance that California employers stay informed and prepare for these regulatory changes.
In this podcast, Karen Tynan (shareholder, Sacramento) sits down with Stefan Borovina (of counsel, New York) to discuss the New York Retail Worker Safety Act and provide essential information for New York retail employers. Stefan and Karen, who is a co-chair of the Workplace Violence Prevention Practice Group, discuss how to determine which businesses are subject to the act, the act’s procedural history, key amendments, and compliance requirements. The speakers also take a deep dive into the act’s training and notice provisions, which take effect on June 2, 2025.
In this podcast, Karen Tynan and Robert Rodriguez—who are the co-chairs of Ogletree Deakins’ Workplace Violence Prevention Practice Group—answer the most frequently asked questions (FAQs) on California’s workplace violence law. Robert and Karen, both of whom are shareholders in the firm’s Sacramento office, review essential training requirements, the importance of maintaining accurate violent incident logs, and best practices for involving employees in developing effective prevention plans to ensure the workplace remains safe and compliant with Senate Bill (SB) No. 553, which went into effect on July 1, 2024.
In the second part of this two-part series, Ben Perry (shareholder, Nashville) and Lauren Watson (associate, Raleigh) discuss the use of artificial intelligence (AI)-powered note-taking and recording tools in the workplace. Ben (who is co-chair of the firm’s Cybersecurity and Privacy Practice Group) and Lauren discuss the various risks and considerations companies may need to address when using AI tools, particularly focusing on data security, employee training, and compliance with evolving legal regulations. They emphasize the importance of conducting due diligence, implementing strong security measures, and providing proper employee training to mitigate potential risks associated with these AI tools.
In this episode of our Safety Perspectives From the Dallas Region series, John Surma (Houston) and Frank Davis (Dallas) delve into the intricacies of OSHA’s Rapid Response Investigation (RRI) letter and the emerging trend of OSHA’s use of email questionnaires that the agency doesn’t treat like an RRI letters. Frank and John discuss the implications of these communications, how employers can respond, and the potential legal ramifications of responding to these communications, providing valuable insights for navigating OSHA’s investigative processes.
In part one of our three-part series on California’s new workplace violence prevention law, Robert Rodriguez (shareholder, Sacramento) and Karen Tynan (shareholder, Sacramento) discuss the lessons employers have learned about workplace violence inspections during the law’s first year of implementation. Karen and Robert, who are co-chairs of the firm’s Workplace Violence Prevention Practice Group, explore how the enforcement of the new law, which took effect on July 1, 2024, is being managed and offer insights into Cal/OSHA’s approach to these inspections. The discussion highlights practical tips for employers, the importance of customized training, and the role of the Bureau of Investigation in incidents of workplace violence.
In the first part of this two-part series, Ben Perry (shareholder, Nashville) and Lauren Watson (associate, Raleigh) discuss the use of artificial intelligence (AI)-powered note-taking and recording tools in the workplace. Lauren and Ben (who is co-chair of the firm’s Cybersecurity and Privacy Practice Group) explore the benefits of these tools, such as automated transcription and meeting summaries, while also addressing the legal risks and compliance issues, including wiretapping laws, consent requirements, and the potential for data breaches, emphasizing the importance of robust internal policies. The conversation also touches on the need for proper employee training and the implications of using AI tools in compliance with state-specific regulations.
In this podcast, Diana Nehro (shareholder, New York/Boston) sits down with Jamie Haar (of counsel, New York) to discuss the New York City Department of Consumer and Worker Protection’s (DCWP) rigorous enforcement of the Earned Safe and Sick Leave Law and the Fair Workweek Law. Jamie and Diana provide an overview of these laws, including their requirements, compliance challenges, and the significant penalties for violations. Diana and Jamie also offer best practices for employers to mitigate risks and discuss the DCWP’s audit and investigatory processes.
In this episode of our Cross-Border Catch-Up podcast series, Lina Fernandez (Boston) and Kate Thompson (New York/Boston) discuss the growing trend of “right to disconnect” laws that permit employees to disengage from work-related communications and activities during non-working hours. Kate and Lina explore how right-to-disconnect legislation is being implemented in various countries, including Spain, Peru, Colombia, Thailand, and Canada. Lina and Kate also highlight the importance for global employers to stay informed and compliant with these evolving regulations.
In episode 12 of Ogletree Deakins’ Safety Basics podcast series, John Surma (shareholder, Houston) sits down with Karen Tynan (shareholder, Sacramento) to discuss the intricacies of OSHA inspections and investigations. Karen and John cover how to effectively manage interactions with OSHA and ensure compliance. They also discuss the various types of inspections, the importance of understanding employer rights, and best practices for handling document requests, walkarounds, and employee interviews.
In this episode of our Cross-Border Catch-Up podcast series, Patty Shapiro (San Diego) and Shirin Aboujawde (London), both of whom are members of the firm’s Cross-Border Practice Group, discuss what it means to be a non-resident employer, including the benefits and challenges associated with employing staff abroad without establishing a legal entity. Shirin and Patty address key legal and compliance risks, such as the importance of adhering to local employment laws and managing tax liabilities. They also explore the flexibility that being a non-resident employer offers, such as the relative ease of hiring employees in foreign markets without the lengthy process involved in setting up or dismantling a local entity.
In this podcast, shareholders Chris Near (Columbia) and Lauren Hicks (Indianapolis, Atlanta) discuss federal contractors’ and subcontractors’ obligations in unwinding Executive Order (EO) 11246, which mandates affirmative action programs for women and minorities. Lauren and Chris focus on the new administration’s EO 14173, the ongoing requirements for affirmative action programs for veterans and individuals with disabilities, and the necessary adjustments contractors must make to their policies, self-identification processes, and internal communications.
In this episode of our Cross-Border Catch-Up podcast series, Diana Nehro (New York/Boston), chair of the firm’s Cross-Border Practice Group, and Patty Shapiro (shareholder, San Diego) discuss the evolving legal landscape surrounding global Employer of Record (EOR) arrangements. Patty and Diana explore the concept of EORs and their implications for global employment, tax, and immigration policies. They highlight trends for employers to consider, such as the increasing assertion of jurisdiction by home countries over foreign companies hiring local talent through EORs, as well as the challenge that EORs face in sponsoring work visas. They also provide insights on recent and anticipated policy changes in Kenya, Canada, and Singapore.
In this installment of Ogletree Deakins’ Safety Basics podcast series, John Surma (Houston) and Frank Davis (Dallas) delve into the intricacies of handling Occupational Safety and Health Administration (OSHA) citations. Frank and John discuss the stakes involved with OSHA citations, explore the potential hidden costs that extend beyond just the fines, and outline the key steps employers should consider when they receive a citation. The speakers also cover the informal conference process, the procedure for contesting citations, and the importance of evaluating how citations can impact business operations.
In this episode of our Cross-Border Catch-Up podcast series, Carlos Colón-Machargo (shareholder, Atlanta) and Skye Hao (associate, Atlanta) discuss the specific regulations regarding meal periods for nonexempt employees in Puerto Rico. Carlos and Skye cover the unique rules, exceptions, and penalties related to meal breaks that employers must understand to ensure compliance and avoid costly liabilities.
In this episode of our Cross-Border Catch-Up podcast series, Carlos Colón-Machargo (Atlanta) and Goli Rahimi (Chicago) delve into the upcoming amendments to Japan’s childcare and caregiver leave laws. Goli and Carlos discuss how these changes aim to promote flexible work arrangements and expand leave entitlements, as well as the implications of these expanded entitlements for employers.
In this episode of our Safety Perspectives From the Dallas Region podcast series, shareholders John Surma (Houston) and Frank Davis (Dallas) discuss the critical topic of workplace safety during wildfire season. With Texas currently facing significant wildfires, Frank and John discuss essential OSHA guidelines, preparedness steps, and emergency action plans to ensure the safety of employees in affected areas.
In this episode of our Safety Perspectives From the Dallas Region podcast series, shareholders John Surma (Houston) and Frank Davis (Dallas) discuss the U.S. Department of Justice’s (DOJ) recent statement concluding that the removal restrictions for administrative law judges (ALJs) are unconstitutional. Frank and John explore the implications of this decision for employers, particularly those facing OSHA citations, and examine its broader impact on the evolving legal landscape of OSH Act enforcement.
In this episode of our new podcast series, The AI Workplace, where we explore the latest advancements in integrating artificial intelligence (AI) into the workplace, Sam Sedaei (associate, Chicago) shares his insights on crafting and implementing effective AI policies. Sam, who is a member of the firm’s Cybersecurity and Privacy and Technology practice groups, discusses the rapid rise of generative AI tools and highlights their potential to boost productivity, spark innovation, and deliver valuable insights. He also addresses the critical risks associated with AI, such as inaccuracies, bias, privacy concerns, and intellectual property issues, while emphasizing the importance of legal and regulatory guidance to ensure the responsible and effective use of AI in various workplace functions. Join us for a compelling discussion on navigating the AI-driven future of work.
In this installment of Ogletree Deakins’ Safety Basics podcast series, John Surma (shareholder, Houston) is joined by Robert Rodriguez (shareholder, Sacramento) to discuss the important process of workplace safety audits, specifically focusing on voluntary self-audits. In their discussion, Robert (who is co-chair of Ogletree’s Workplace Violence Prevention Practice Group) and John emphasize the value and benefits of these audits, such as the ability to identify potential hazards, ensure compliance, and enhance safety culture. They also address key considerations for maintaining confidentiality and privilege throughout the audit process.
In this podcast, shareholders Nonnie Shivers and Scott Kelly delve into the enforcement activities after a preliminary injunction blocked key provisions (including the certification requirement) of two executive orders (EOs) issued to eliminate “illegal” diversity, equity, and inclusion (DEI) programs and initiatives. Scott (who co-chairs the firm’s Government Contracting and Reporting Practice Group) and Nonnie (who co-chairs the Diversity, Equity, and Inclusion Compliance Practice Group) discuss the implications of the national injunction recently issued by a federal judge, the ongoing enforcement activities not halted by the injunction, and the broader impact on federal contractors and DEI programs across all employers. Nonnie and Scott also highlight the importance of staying informed and assessing risk tolerance in light of the evolving legal landscapes, which employers can do with Ogletree’s New Administration Resource Hub.
In this episode of our Cross-Border Catch-Up podcast series, Goli Rahimi (Chicago) and Kate Thompson (New York/Boston) discuss recent developments in remote work regulations, with a focus on New Zealand and the United Arab Emirates (UAE). Kate and Goli highlight New Zealand’s relaxed visa requirements, which now allow digital nomads to work remotely from the country for up to nine months. They also cover the Abu Dhabi Global Market’s introduction of new employment regulations designed to facilitate remote work, including provisions for necessary tools, cybersecurity measures, and fair treatment of remote employees in the UAE
In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York) and Maya Barba (San Francisco) discuss an important global mobility topic: international secondments. Maya and Shirin focus on key issues for employers to consider, including immigration compliance, employment law considerations in both the home and host countries, as well as obligations related to income tax, social security, and corporate taxation.
In this episode of our Cross-Border Catch-Up podcast series, Patty Shapiro (shareholder, San Diego) and Maya Barba (associate, San Francisco) discuss the effect of the recent United States Agency for International Development (USAID) stop-work order on global employers. Patty and Maya delve into the challenges that impacted organizations are facing as a result of the stop-work order and discuss strategies to manage workforce disruptions in compliance with local labor and employment laws. The speakers explore options such a furloughs, pay reductions and terminations, and also touch on the ongoing legal developments related to the USAID stop-work order. [The legal developments discussed in this episode are current as of February 21, 2025.]
In this episode of our Safety Perspectives From the Dallas Region podcast series, shareholders John Surma (Houston) and Frank Davis (Dallas) discuss the new settlement process implemented by the Dallas Regional Office of the Occupational Safety and Health Administration (OSHA) and the Dallas Regional Solicitor’s Office. John and Frank emphasize that this process now includes a second round of negotiations following the contesting of citations. This change could lead to more favorable outcomes for employers, including reductions in penalties and the possibility of having citations withdrawn. The speakers also touch on the potential reasons behind this new approach, such as reducing the workload for the Solicitor’s Office and addressing recent legal challenges faced by administrative bodies.
In this inaugural episode of 2025 for our Safety Perspectives From the Dallas Region podcast series, shareholders John Surma (Houston) and Frank Davis (Dallas) discuss President Trump’s new executive orders and their impact on the Dallas region. Frank and John address staffing issues arising from the hiring freeze, explore the “fork in the road” email regarding deferred employee resignations, and examine the return-to-work executive order, among other topics.
In the second part of our two-part podcast series on H-1B visa applications, Kara Lancaster (shareholder, Raleigh) and Meagan Dziura (of counsel, Raleigh) begin with a deep dive into the process of how individuals selected in the H-1B lottery file petitions (including related travel restrictions) the filing options for those selected (including change of status and consular notification), and the timeline for when individuals can enter the United States. Kara and Meagan touch on special provisions for F-1 students, the importance of considering L-1 visa holders, and other visa categories that may also benefit from entering the lottery. The speakers also cover recent updates from U.S. Citizenship and Immigration Services (USCIS), the impact of increased fees, and strategies for managing various employee visa situations.
In part one of this two-part podcast series on H-1B visa applications, Kara Lancaster (shareholder, Raleigh) and Meagan Dziura (of counsel, Raleigh) discuss recent updates from U.S. Citizenship and Immigration Services (USCIS) and provide valuable insights on how to prepare for the fiscal year 2026 H-1B lottery. Meagan and Kara cover the basics of the H-1B visa, its benefits, and why it is a popular choice among employers. They share practical tips on what steps you can take now to prepare for the registration window, which typically opens in early March, including updates from USCIS and the importance of early planning. The conversation also covers the benefits of the H-1B visa, recent changes to the registration process, and the impact of increased fees on employers.
In this podcast, shareholders Scott Kelly (Birmingham) and Lauren Hicks (Indianapolis/Atlanta) provide an update on the current status of the Office of Federal Contract Compliance Programs (OFCCP), which has been in flux since President Trump’s inauguration. Lauren and Scott discuss the uncertainty that federal contractors have faced since the new administration issued Executive Order (EO) 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, which immediately revoked EO 11246 and gave federal contractors and subcontractors 90 days to comply. In addition, they address voluntary compliance options and the considerations for unwinding compliance with EO 11246 (for example, regarding job postings, career websites, self-identification, clauses with vendors and subcontractors, etc.). Lauren and Scott also highlight that the obligations under Section 503 and Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) remain in effect, meaning the annual affirmative action requirements under both programs are still applicable.
In this podcast, shareholders Scott Kelly (Birmingham) and Lauren Hicks (Indianapolis/Atlanta) discuss the implications of President Donald Trump’s Executive Order 14173, which aims to end illegal discrimination and restore merit-based opportunities. Lauren and Scott delve into the executive order’s impact on federal contractors and subcontractors, particularly the revocation of Executive Order 11246, which mandated affirmative action and non-discrimination obligations. They also explore the potential future actions of the Office of Federal Contract Compliance Programs (OFCCP) and the broader ramifications of the executive order.
In this episode of our Cross-Border Catch-Up podcast series, Skye Hao (Atlanta) and Goli Rahimi (Chicago) discuss changes to South Korea’s childcare support laws that will go into effect on February 23, 2025, and how these amendments will affect South Korean employees and employers alike.
In this episode of our Cross-Border Catch-Up podcast series, Diana Nehro (New York, Boston), chair of the firm’s Cross-Border Practice Group, and Skye Hao (Atlanta) discuss the use of probationary periods for new employees in the Asia-Pacific (APAC) region. Skye and Diana cover the ins and outs of probationary periods, including how probationary periods enable employers to evaluate a new hire’s performance. They also address common misconceptions about probationary periods, including who is eligible, employer documentation requirements, limitations on maximum duration, and employees’ entitlements to benefits.
In this episode of our new podcast series, The AI Workplace, Patty Shapiro (shareholder, San Diego) and Sam Sedaei (associate, Chicago) discuss the European Union’s (EU) Platform Work Directive, which aims to regulate gig work and the use of artificial intelligence (AI). Patty outlines the directive’s goals, including the classification of gig workers and the establishment of AI transparency requirements. In addition, Sam and Patty address the directive’s overlap with the EU AI Act and the potential consequences of non-compliance.
In this first episode of our Dirty Steel-Toe Boots podcast series for the year, Tampa shareholders Phillip Russell and Dee Anna Hays discuss anticipated changes and developments within the Occupational Safety and Health Administration (OSHA) during President Trump’s second term. Dee Anna and Phillip address the status of the proposed heat illness standard and walkaround rule, expected changes in OSHA leadership, and the potential impact that the incoming administration’s policies, regulatory adjustments, and enforcement strategies may have on workplace safety and health.
In this episode of our Cross-Border Catch-Up podcast series, Patty Shapiro (shareholder, San Diego) and Kate Thompson (associate, Stamford) discuss recent updates to employment laws in Norway, Denmark, and Sweden. Kate kicks off the episode by highlighting amendments to Norway’s Working Environment Act, which went into effect on July 1, 2024. These amendments enhance employee rights and require detailed employment contracts. Patty and Kate also review changes to Denmark’s Posting of Workers Act and the Immigration Act, which will impact foreign service providers. These changes require new documentation uploads to the Danish register by 2025 and 2026. The episode concludes with a discussion about Sweden, where the new EU Blue Card Directive, effective January 1, 2025, aims to attract highly qualified workers by offering flexible employment and residency options.
In this podcast, shareholders Karen Tynan (Sacramento) and Charles Thompson (San Francisco) discuss California Code of Civil Procedure Section 527.8, which allows employers and unions to obtain temporary restraining orders (TROs) in response to credible threats of violence in the workplace. Charles, who co-chairs the firm’s Leaves of Absence/Reasonable Accommodation Practice Group, and Karen, who co-chairs the Workplace Violence Prevention Practice Group, review the nuances involved in securing TROs and share best practices to help prepare employers for situations where a TRO may be necessary. The episode concludes with practical tips for actions employers can take after the new law goes into effect on January 1, 2025.
In this installment of Ogletree Deakins’ Safety Basics podcast series, John Surma (Houston) is joined by Jeff Leslie (Dallas) and Ryan Swink (Houston) to discuss OSHA’s Hazard Communication Standard. The speakers cover the criteria for what constitutes a hazardous chemical and outline the five key elements of the Hazard Communication Standard: (1) identification, (2) labeling, (3) safety data sheets, (4) employee training, and (5) program implementation. They also provide insights on how employers can achieve compliance with OSHA regulations.
In this podcast, Karen Tynan, the West Coast chair of the firm’s Workplace Safety and Health Practice Group, and Noel Hernandez from the firm’s Las Vegas office discuss Nevada’s newly adopted heat illness regulation. The regulation, which went into effect on November 15, 2024, applies to employers with more than ten employees and requires them to provide employee training and conduct a written job hazard analysis. Noel and Karen review the regulation’s trigger temperature and outline the responsibilities of employers, which include providing drinking water, scheduled rest breaks, and cooling measures. They also share valuable insights for Nevada employers affected by the new regulation.
In this podcast Jim McGrew, Ogletree’s chief client services officer and Dr. Martin Römermann a shareholder in the Berlin office, discuss some of the top issues (e.g. employer of records, data protection and formal requirements) U.S. employers face when conducting business in Germany.
In this roundtable discussion, members of the firm’s Cybersecurity and Privacy Practice Group discuss a wide range of topics, including setting up a new cybersecurity plan and practicing it within an organization with buy-in from various departments (IT, HR, etc.), appointing a cybersecurity or data protection officer, deciding whether that officer should be from outside the organization, and instituting role-based training to help employees recognize threats (such as the recent proliferation of phishing threats). Simon McMenemy (managing partner, London) and Ben Perry (of counsel, Nashville), who are co-chairs of the practice group, are joined by Tracey Kinslow (of counsel, Nashville), Nicola McCrudden (of counsel, London), Erin Schachter (associate, Montréal), and Lauren Watson (associate, Raleigh). The speakers cover developments in the United States, Canada, and Europe.
In this podcast, Ogletree Deakins attorneys Sam Sedaei and Ben Perry delve into Illinois’s newly enacted artificial intelligence (AI) law, HB 3773. Sam, a member of the firm’s Technology Practice Group who focuses on the use of technology in the workplace, and Ben, who is co-chair of the firm’s Cybersecurity and Privacy Practice Group, discuss the AI law’s implications for employment practices, including the law’s broad definition of AI and its goal to prevent discriminatory effects in employment decision-making. The conversation also explores the challenges faced by employers in complying with the new regulations and the broader trend of state-level AI legislation in the absence of comprehensive federal guidelines.
In this installment of our Safety Perspectives From the Dallas Region podcast series, shareholders John Surma (Houston) and Frank Davis (Dallas) discuss OSHA’s recordkeeping rules. Frank and John cover the forms that employers are required to complete and maintain, including OSHA Form 300, Form 300A, and Form 301. They also emphasize the importance of knowing and understanding your North American Industry Classification System (NAICS) code, as well as the obligations electronic reporting and the potential consequences of noncompliance.
In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York) and Patty Shapiro (San Diego), both of whom are members of Ogletree Deakins’ Cross-Border Practice Group, discuss Status of Forces Agreements (SOFAs). SOFAs are treaties that allow members of the U.S. armed forces and their dependents, as well as government contractors to operate in foreign countries with specific exemptions, such as special immigration status and tax exemptions. Shireen explains the intricacies of SOFAs, their application, and the importance of careful due diligence. The episode provides valuable insights for employers navigating the complexities of SOFA status for their employees abroad.
In this installment of our Safety Perspectives From the Dallas Region podcast series, shareholders Frank Davis (Dallas) and John Surma (Houston) discuss the implications of a recent federal court ruling that extends the Supreme Court’s June 2024 decision in SEC v. Jarkesy, barring the use of administrative law judges (ALJs) in certain matters before the SEC. In November 2024, a federal district court judge in Texas expanded the bar to include ALJs at the U.S. Department of Labor—a decision that could potentially affect OSHA’s adjudication procedures. John and Frank’s discussion highlights the uncertainty and backlog this situation could create within the federal court system. They also examine the future of administrative law proceedings—particularly for employers facing OSHA actions.
In this episode of our Cross-Border Catch-Up podcast series, Patty Shapiro (San Diego) sits down with Shirin Aboujawde (New York) to discuss the unique aspects of doing business in the Middle East, focusing on the importance of physical presence and the expat-dominated workforce. They highlight the mandatory requirements for local real estate, the distinct workweek schedules, and the necessity of having a public relations officer to interact with the government. Additionally, they cover the lack of income taxes for individuals in the UAE, the statutory benefits like “Hajj leave” and Ramadan hours, and the complexities involved in terminating expat employees, including end-of-service gratuity and visa cancellation procedures.
In this roundtable discussion, members of the firm’s Cybersecurity and Privacy Practice Group discuss a wide range of important topics, including steps to take when a data breach is suspected, trends in artificial intelligence (AI) legislation, and privacy impact assessments. Simon McMenemy (Managing Partner, London) and Ben Perry (Of Counsel, Nashville), who are co-chairs of the practice group, are joined by Tracey Kinslow (Of Counsel, Nashville), Nicola McCrudden (Of Counsel, London), Erin Schachter (Associate, Montréal), and Lauren Watson (Associate, Raleigh). The speakers cover developments in the United States, Canada, and Europe.
In this podcast, Meagan Dziura (Raleigh) and Jamey Petri (Austin) dive into the National Interest Waiver (NIW) green card, exploring what makes a petition compelling and what has brought about this surge in NIW interest by employers. They break down the key elements of a strong NIW case and discuss how the recent election results will impact the future of NIWs. Jamey and Meagan provide insights into the NIW’s requirements, its advantages over the traditional PERM process, and the reasons for its growing popularity in recent years.
In this episode of our Cross-Border Catch-Up podcast series, Maya Barba (San Francisco) and Patty Shapiro (San Diego) discuss employee terminations in the Netherlands—which can be challenging for employers due to the area’s strict legal obligations. Patty and Maya discuss the procedural requirements associated with terminations as well as the underlying grounds for termination such as serious cause, performance issues, and redundancy. They also address employee entitlements related to termination, including required notice, statutory severance, and other complexities involved in the termination process in the Netherlands, including when government permission is required.
In this podcast, Karen Tynan (shareholder, Sacramento) and Kevin Piercy (shareholder, Fresno) discuss Valley fever, also known as coccidioidomycosis, a lung infection caused by inhaling fungus spores commonly found in the soil of California’s Central Valley and parts of the southwestern United States. Karen, who is the West Coast chair of the firm’s Workplace Safety and Health Practice Group, and Kevin delve into the symptoms, causes, and the occupations most at risk, such as construction and agricultural jobs that disturb the soil. They also review relevant Cal/OSHA regulations, including sections 3203, 5141, 5144, and 14300, providing critical guidance on how employers can protect their workers and respond if Valley fever is suspected.
n this episode of our Multistate Monday podcast series, co-chairs of the firm’s Multistate Advice and Counseling Practice Group, Dee Anna Hays (shareholder, Tampa) and Lucas Asper (shareholder, Greenville), sit down with Shareholder Jim Plunkett (Washington, D.C.) to discuss key legislative updates in light of the upcoming elections. Dee Anna, Lucas, and Jim, who is chair of the firm’s Governmental Affairs Practice Group, discuss the FTC’s non-compete ban; the NLRB’s target enforcement areas such as employer speech on unionization; the DOL’s overtime rule and its effect on wage-and-hour law trends at the state and local levels; OSHA’s new proposed rule on heat illness prevention; and more. Jim also explains how the presidential candidates’ administrations and policy priorities, as well as congressional actions, could affect current labor and employment legislative actions.
In this podcast, shareholders Karen Tynan (Sacramento) and Amy Bianchini (San Diego) discuss the circumstances under which a California employer may seek a restraining order on behalf of an employee. Karen, who is co-chair of the firm’s Workplace Violence Prevention Practice Group, and Amy address California Code of Civil Procedure Section 527.8 and procedures to effectively obtain restraining orders. They also cover the scope of restraining orders, including who can be restrained and who can be protected, and they highlight the procedural requirements, which may vary from county to county, and review a case study.
In this installment of our Safety Perspectives From the Dallas Region podcast series, shareholders Frank Davis (Dallas) and John Surma (Houston) sit down with Ryan Swink (associate, Houston) to discuss OSHA compliance officers’ approach to inspections of meatpacking facilities. The discussion covers topics ranging from Process Safety Management (PSM) evaluations and ergonomics to documentation standards and recordkeeping. The speakers also address what constitutes a reasonable inspection, highlighting when inspections may become overly broad or unduly burdensome, which could violate Section 8 of the OSH Act.
In this installment of Ogletree Deakins’ Safety Basics podcast series, shareholders John Surma (Houston) and Erika Leonard (Austin) examine the intersection of employment law and workplace health and safety law. Erika and John cover internal employment investigations when a safety incident has occurred and consider decisions such as who should conduct the investigation, whether to conduct witness interviews, and the ins and outs of reviewing documentation and physical spaces and/or objects that may be involved. John and Erika also offer insight into potential compensation and/or leave and accommodation issues, and the importance of determining whether an incident warrants employee discipline or discharge.
In this podcast, Mike Mahoney (shareholder, Morristown/New York City) and Viki Farrior (of counsel, Oklahoma City) provide an informative update on the status of employee retention credit (ERC) claims submitted to the Internal Revenue Service (IRS). Mike, who is chair of the firm’s Payroll Tax and Fringe Benefits Subgroup, and Viki discuss options available to employers that submitted ERC claims but who have not yet received their refunds. They provide a concise but detailed explanation of the state of IRS tax credit processing and of the refund suit process, including expected time to resolution.
In this podcast, Mike Mahoney (shareholder, Morristown/New York City) and Stephen Kenney (associate, Dallas) discuss ways in which employers can assist employees affected by federally declared disasters in a tax-efficient manner. Mike, who is chair of the firm’s Payroll Tax and Fringe Benefits subgroup, and Stephen cover disaster relief payments for reasonable and necessary expenses incurred, such as those for medical treatment, transportation, housing, clothing, and other general living expenses for the employee and household members. They also cover leave sharing options in which employees may donate leave for use by employees adversely affected by a major disaster.
In this installment of our Safety Perspectives From the Dallas Region podcast series, shareholders Frank Davis (Dallas) and John Surma (Houston) discuss challenging situations that may arise during an OSHA inspection. Frank and John specifically address the importance of maintaining professionalism, documenting compliance officer conduct, sticking to the agreed-upon scope of an inspection, and clearly communicating with OSHA officers to protect employer rights during a safety inspection.
In this installment of our Safety Basics podcast series, shareholders John Surma (Houston) and Frank Davis (Dallas) discuss the whistleblower protections of section 11(c) of the Occupational Safety and Health (OSH) Act, which prohibits retaliation against employees who raise health or safety complaints to the government or their employers. Frank and John explain the elements that establish a valid claim of retaliation under the OSH Act: (1) a complaint about unsafe working conditions; (2) an adverse employment action; and (3) a “but for” causal relationship between the complaint and the adverse action. They also emphasize the importance of documenting employee misconduct and discipline to defend against retaliation claims and demonstrate legitimate, nondiscriminatory reasons for adverse employment actions.
In this episode of our Multistate Monday podcast series, Dee Anna Hays (co-chair of the firm’s Multistate Advice and Counseling Practice Group) and Susan Gorey take on the timely topic of voting and election leave laws, as well as other related issues that may arise during this busy political season. Susan and Dee Anna review a wide range of state law requirements relating to paid and unpaid leave for voting, and associated posting and timing requirements. They also provide important reminders about the National Labor Relations Act’s protections of political speech and the EEOC’s guidance on anti-harassment.
In this episode of our Cross-Border Catch-Up podcast series, Carlos Colón-Machargo (Atlanta) and Maya Barba (San Francisco) discuss the specific aspects of Puerto Rican employment laws. Maya and Carlos cover statutory entitlements and protections for employees, whether exempt or non-exempt, including “just cause” terminations, required probationary periods, mandatory holiday bonuses, and fully paid maternity leave. The speakers also address the four mandatory employment policies recently implemented in Puerto Rico covering (1) domestic violence, (2) sexual harassment, (3) sexual orientation and gender identity, and (4) anti-bullying.
In this episode of our Cross-Border Catch-Up podcast series, Goli Rahimi (Chicago) and Lina Fernandez (Boston) discuss global intellectual property (IP) assignment policies for an international workforce. The speakers discuss logistical considerations for different types of IP that are assigned or created, including ownership rights and compensation, validity and enforceability of the assignments, types of rights that can or cannot be transferred, choice of law provisions, and more.
In this podcast, Meagan Dziura (of counsel, Raleigh) sits down with Jim Plunkett (shareholder, Washington), who is the chair of the firm’s Governmental Affairs Practice Group, to discuss how the outcome of the upcoming election could impact business immigration for employers. Jim and Meagan address the status of pending immigration regulations proposed by the current administration and explore whether these proposals will succeed or fail depending on who is “holding the pen” for the next four years. They also cover the varying roles and potential impacts of regulatory agencies, Congress, and the courts on future immigration policy.
In this installment of our Safety Basics podcast series, Frank Davis (Dallas) and John Surma (Houston) discuss employer and employee rights during an Occupational Safety and Health Administration (OSHA) inspection. John and Frank discuss employee rights, such as (1) the right to speak to OSHA inspectors without fear of retaliation or retribution by their employer; (2) the right to complain about work; (3) the right to refuse to work; (4) the right to information; (5) the right to participate in OSHA inspections; (6) the right to a workplace that is free from recognized hazards; and (7) the right to organize and form a union. They also cover employer rights, such as (1) the right to a reasonable inspection; (2) the right to representation during interviews of management employees; (3) the right not to perform work or engage in demonstrations of processes during an OSHA inspection; (4) the right to continue operating after a fatality or catastrophe; (5) the right to protect trade secrets or proprietary information from public disclosure; and (6) the right to establish the “unpreventable employee misconduct defense.”
In this installment of our Safety Perspectives From the Dallas Region podcast series, shareholders Frank Davis (Dallas) and John Surma (Houston) discuss the Occupational Safety and Health Administration’s (OSHA) new Severe Injury Reports (SIR) dashboard. John and Frank review the evolution of workplace injury record-keeping and reporting requirements, including deadlines and penalties. They also cover how the SIR dashboard’s data collection, along with its increased availability and accessibility to the public, may impact employers.
In this episode of our Cross-Border Catch-Up podcast series, Skye Hao (Atlanta) and Lina Fernandez (Boston) discuss the retirement system in China and recent reforms that impact statutory retirement ages and the current workforce. Skye and Lina cover mandatory retirement ages, exceptions for early retirement applicants, and the requirements in the retirement process under China’s labor laws, as well as the company’s internal policies.
In this episode of our Cross-Border Catch-Up podcast series, Diana Nehro (New York/Boston) and Goli Rahimi (Chicago) discuss some significant changes to employment law under Australia’s Closing Loopholes No. 2 Act. Goli and Diana address how the act affects workplace issues such as the right to disconnect, employee classification, employer penalties for noncompliance, and the definition of “casual employee.”
In this episode of our Cross-Border Catch-Up podcast series, Skye Hao (Atlanta) and Patty Shapiro (San Diego) discuss key considerations for companies that use employers of record (EORs) in other countries. Patty and Skye highlight five areas of importance in the master service agreement (MSA): (1) extension of confidentiality obligations to workers, (2) protection of the company’s intellectual property rights, (3) data privacy considerations, (4) mutual indemnification, and (5) limitation of liability.
In this episode of our Cross-Border Catch-Up podcast series, Skye Hao (Atlanta) and Goli Rahimi (Chicago) discuss high-level considerations and workstyle reform laws for overtime work in Japan. Goli and Skye cover limitations on overtime work, such as Article 36 written agreements, time-tracking obligations, exemptions for certain employees, and penalties for non-compliance.
In this installment of our Safety Basics podcast series, shareholders Frank Davis (Dallas) and John Surma (Houston) discuss reporting work-related incidents resulting in fatalities, hospitalizations, amputations, and loss of an eye to the Occupational Safety and Health Administration (OSHA). John and Frank cover two main aspects of OSHA reporting requirements: (1) the triggering event and (2) the timeframe. In addition, they discuss various reporting methods, as well as employer responsibilities and good faith efforts when dealing with these reportable events.
In this episode of our Cross-Border Catch-Up podcast series, Skye Hao (associate, Atlanta) is joined by Carlos Colón-Machargo (of counsel, Atlanta) to discuss employee leave benefits in China, including care leaves for families. Skye and Carlos address employees’ paid annual leave entitlements based on their years worked in the workforce, additional types of paid leave that employers might use to attract talent or to standardize global leave policies, carry-over rules for accrued but unused statutory annual leave, leave for 11 national holidays, and the benefits and drawbacks of providing various types of leaves such as sick, maternity, parental, and caregiver leaves.
In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York) and Patty Shapiro (San Diego) discuss the role of treaties in cross-border employment. Shirin and Patty cover tax, immigration, and other logistical treaties, specifically tax residency issues for temporary workers; permanent establishment considerations; business registration and corporate tax obligations; document authentication, verification, and submission requirements; as well as other global workforce matters that may be impacted by treaty terms and conditions.
In this episode of our Cross-Border Catch-Up podcast series, Carlos Colón-Machargo (Atlanta) sits down with Shirin Aboujawde (New York) to discuss the Overseas Employment Certificate (OEC) requirement that Filipino law imposes on employers that employ remote workers who are Philippines citizens. Carlos and Shirin specifically cover the various stages of the OEC approval process, from submitting an employee offer letter to fulfilling education, training, and medical examination requirements. The speakers also discuss potential travel restrictions and detentions of Filipino national employees in the absence of having a valid OEC, and what steps employers can take when facing these cross-border challenges.
In this episode of our Cross-Border Catch-Up podcast series, Carlos Colón-Machargo (Atlanta) discusses vacation and sick leave requirements in Puerto Rico, including the difference in benefits for employees hired after the 2017 statutory reform. Carlos also covers how the number of hours worked and years of service affect accrual levels; entitlements regarding payouts, penalties, and carryover for unused vacation time; special sick leave allotments available for employees with certain covered illnesses, and more.
In this podcast, Kevin Bland (a shareholder in Ogletree’s Orange County office) and Karen Tynan (the West Coast chair of the firm’s Workplace Safety and Health Practice Group and a shareholder in the Sacramento office) discuss compliance challenges and enforcement trends unique to California’s agriculture industry. Karen, who is also a co-chair of the firm’s Workplace Violence Prevention Practice Group, and Kevin review some of the most frequently cited standards in the industry, including heat illness, Injury and Illness Prevention Program (IIPP) regulations, lockout/tagout, guarding, field sanitation, and training. They also provide practical tips related to training seasonal workers and wildfire smoke hazards.
In this installment of our Safety Perspectives From the Dallas Region podcast series, John Surma (shareholder, Houston) is joined by special guest Melissa Bailey (shareholder, Washington, D.C.) to discuss the Occupational Safety and Health Administration’s (OSHA) proposed rule on “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings.” Melissa and John explain how the rulemaking process works and discuss potential challenges if the rule becomes final. They also review key aspects of the rule, including temperature levels that trigger coverage under the standard, acclimatization protocols, mandatory rest breaks, and employee training.
In this installment of our Safety Basics podcast series, shareholders John Surma (Houston) and Phillip Russell (Tampa) discuss the Occupational Safety and Health Act’s General Duty Clause, which allows employers to be cited for conditions that create a hazard to health or a safety risk for employees if the hazard is “recognized.” Phillip and John review the four elements of a violation, how a hazard is defined under the General Duty Clause, limitations on who is subject to the General Duty Clause and how the Occupational Safety and Health Administration applies the standard, how employers can abate a recognized hazard (including economic feasibility), and practical tips to handle and/or prevent citations.
In this episode of our Cross-Border Catch-Up podcast series, Komlavi Atsou (shareholder, Cleveland) and Patty Shapiro (associate, San Diego), discuss the use of arbitration clauses in employment agreements in Nigeria. Komlavi shares that Nigeria’s Arbitration and Mediation Act permits arbitration as long as the agreement to arbitrate is in writing, and that there is greater flexibility for the use of arbitration clauses in separation agreements than in other types of employment agreements. The speakers also cover choice of law provisions, which are subject to a balancing test that takes into consideration the country with maximum contact to the employment relationship.
In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York) and Lina Fernandez (Boston) discuss statutory requirements that are common outside of the United States when an employee is discharged, including payments due to employees upon a termination with cause or without cause. They also explore the high threshold many countries require to discharge employees “for cause.” Lina and Shirin provide examples from China, Costa Rica, Australia, France, Italy, Brazil, Germany, Saudi Arabia, the United Kingdom, and more.
In this installment of the Safety Perspectives From the Dallas Region podcast series, Frank Davis (shareholder, Dallas) and John Surma (shareholder, Houston) discuss OSHA’s Whistleblower Protection Program through which OSHA enforces the whistleblower provisions of 25 federal statutes, including the OSH Act, the Sarbanes-Oxley Act, and the Surface Transportation Assistance Act. John and Frank discuss the investigation process, standards of liability, burdens of proof, and settlement agreements. They also provide practical pointers on documentation and various methods of communication with OSHA.
In this episode of our Cross-Border Catch-Up podcast series, Carlos G. Colόn-Machargo (of counsel, Atlanta) and Lina Fernandez (associate, Boston) discuss new obligations imposed on employers in Brazil regarding the collection and publication of compensation information and other pay transparency requirements. Lina and Carlos explain the provisions of the new statute, which went into effect in July of 2023, including the obligations to collect and publish compensation information, create a compensation plan, and correct any payment inequities between male and female employees and employees of other protected categories. Carlos and Lina also cover the obligation to prepare and submit transparency reports to the Brazilian Ministry of Labor and Employment and the requirement to create action plans to mitigate inequalities in payment.
In this episode of our Cross-Border Catch-Up podcast series, Komlavi Atsou (shareholder, Cleveland) and Patty Shapiro (associate, San Diego) provide an overview of employment law basics and common employment practices in Djibouti. Komlavi and Patty discuss probationary periods, definite and indefinite contracts, and requirements for ending the employment relationship. They also cover working hours, the statutory overtime rate, and rest breaks. They round out their conversation with a review of the Djibouti Labour Code’s requirement that employer’s provide paid leave for family emergencies and events, including marriage, birth of a child, and death of a close family member.
In this episode of our Cross-Border Catch-Up podcast series, Skye Hao (associate, Atlanta) sits down with Carlos Colón-Machargo (of counsel, Atlanta) to discuss Puerto Rico’s relaxed requirements for remote work. Carlos and Skye cover recent changes in the country’s employment laws and their effect on employer obligations, including tax withholdings and other fiscal obligations, social security and payroll contribution filings, workers’ compensation, unemployment benefits, and short-term disability considerations, as well as the distinction in compliance requirements for domiciled versus non-domiciled workers.
In this episode of Dirty Steel-Toe Boots, Phillip Russell (shareholder, Tampa) is joined by Dee Anna Hays (shareholder, Tampa) to discuss the proposed heat standard that the U.S. Occupational Safety and Health Administration (OSHA) issued in July 2024. Dee Anna and Phillip discuss key definitions of the new proposal—including heat index and heat illness—and the rule’s scope, in addition to exclusions for emergency response activities, incidental exposures, indoor workers, and teleworkers. Phillip and Dee Anna also explain the proposal’s obligation to designate a heat safety coordinator; to provide water, shade, and breaks; and to modify scheduling to allow for acclimatization.
In this podcast, Kevin Bland (a shareholder in Ogletree’s Orange County office) and Karen Tynan (the West Coast chair of the firm’s Workplace Safety and Health Practice Group and a shareholder in the Sacramento office) unpack the unique challenges and operational considerations encountered by employers in the retail industry in California, including hazard identification, implementation of safety plans and training programs, and commonly-issued citations. Karen, who is also a co-chair of the firm’s Workplace Violence Prevention Practice Group, and Kevin also discuss workplace violence prevention strategies, the importance of communicating (and making available to employees) the company’s safety policies and practices, and other retail industry-specific issues for employers to consider.
In this episode of our Cross-Border Catch-Up podcast series, Diana Nehro (shareholder, New York/Boston) and Carlos G. Colόn-Machargo (of counsel, Atlanta) discuss common employment practices that may trigger “permanent establishment” tax obligations abroad. Carlos and Diana, who is chair of the firm’s Cross-Border Practice Group, provide an overview of issues to consider when engaging workers (including contractors) abroad, or when allowing employees to work remotely abroad. The speakers review length of stay limits as well as provide examples of situations that may lead to tax obligations, including creation of intellectual property.
In this installment of our Safety Perspectives From the Dallas Region podcast series, shareholders Frank Davis (shareholder, Dallas) and John Surma (shareholder, Houston) discuss the new walkaround rule, its implementation and impact, and the current appeal against the rule’s enforcement that has been filed in the U.S. District Court for the Western District of Texas. John and Frank also cover other timely topics, including ergonomics, the heat national emphasis program, the emergency response standard, and a recent case decided by the Supreme Court of the United States that may have implications for employer rights with respect to OSHA citations and civil penalties.
In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Lisa Burton (shareholder, Boston/Portland (ME)) and Lisa Hamasaki (shareholder, San Francisco) discuss what employers can do when they discover evidence of serious criminal activities during a workplace investigation. Covering issues ranging from evidence of illegal pornography on a company computer and assaults in the workplace to embezzlement and violations of corrupt practices laws, our speakers delve into the significant layer of complexity that criminal issues add to workplace investigations. The conversation highlights issues such as reporting obligations to law enforcement and regulatory agencies, preservation of evidence, employees’ privacy concerns, and the attorney-client privilege—and provides a roadmap for handling these complex scenarios while mitigating overall risk.
In this episode of Dirty Steel-Toe Boots, Phillip Russell (shareholder, Tampa) is joined by Lauren Lenhart (associate, Tampa) to continue their conversation about OSHA informal settlement conferences. Lauren and Phillip remind employers about the importance of identifying companies’ goals and priorities in order to achieve an optimal outcome. They also provide practical pointers on how to conduct settlement conferences, including the importance of understanding the implications of other ongoing investigations and/or related inspections, strategies for handling citation items, and effective engagement with OSHA during the conference.
In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Director of Career Development Marcia Stokes, Ph.D., and Board Member Diana Nehro discuss how “behavioral styles” can impact trust and communication in addition to how employees and managers can leverage their styles and those of their team to minimize conflict and misunderstanding. As the creator of the Building Team Effectiveness DISC workshop—a behavioral assessment tool that is used to understand how our observable behaviors are being perceived by others, Marcia explains how DISC can be used to help teams communicate more effectively by intentionally tapping into the strengths of team members’ communication styles. Diana (shareholder, New York/Boston) also explains how she has put these tools into practice as chair of the firm’s Cross-Border Practice Group.
In this episode of our TECHPLACE™ Talk podcast series, Jenn Betts, who is co-chair of the firm’s Technology Practice Group, is joined by Scott Kelly and Lauren Hicks to discuss the Office of Federal Contract Compliance Programs (OFCCP) first detailed guidance on federal contractors’ use of artificial intelligence (AI) and automated systems. Scott (chair of Ogletree’s OFCCP Compliance, Government Contracting, and Reporting Practice Group) and Lauren review employer obligations, potential risks that arise with AI, and practice pointers. The speakers note that non-federal contractor employers may find the OFCCP guidance helpful when developing best practices.
In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York) and Eric Lee (New York) discuss significant amendments to Japan’s discretionary labor system. The amendments require employers to specify, in their employment agreements, whether there will be changes to the location and scope of employment and to state renewal limits for fixed-term contracts. Eric and Shirin, both of whom are members of the firm’s Cross-Border Practice Group, also address the steep legal standard for termination of employment in Japan and the narrow exemption from overtime. They wrap up with a discussion of new health and safety requirements related to rest periods, late-night work, and limits on working hours.
In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde and Eric Lee highlight recent labor and employment developments from around the globe. Shirin and Eric, both of whom are members of Ogletree Deakins’ Cross-Border Practice Group, review the new mandatory leave entitlements in Italy and comment on the challenge for cross-border employers to develop compliant policies as parental leave protections expand in Singapore. They also review the trend of broader pay equity laws, such as those recently adopted in Shanghai and Brazil; a new measure in the United Arab Emirates (UAE) that requires employers to hire UAE nationals; and an Australian law that forbids employment discrimination against employees suffering from family and domestic violence.
In this episode of the Cross-Border Catch-Up, Shirin Aboujawde (of counsel, New York) is joined by Skye Hao (associate, Atlanta) for a fast-paced review of Shirin’s 5 favorite jurisdictions worldwide for employers. Shirin offers a synopsis of the employment law landscape in Switzerland, Hong Kong, Singapore, the United Kingdom, and the United Arab Emirates. Skye and Shirin discuss the favorable factors in these jurisdictions’ employment laws, such as whether they offer employees a right to reinstatement; the extent that they require payments at the end of the employment relationship; the ease with which employers can terminate the employment relationship (including caps on damages); and the ease with which employers can make changes to the terms and conditions of employment.
In this podcast, shareholders Kevin Bland (Orange County) and Karen Tynan (Sacramento) discuss California’s Division of Occupational Safety and Health (Cal/OSHA). Karen, who is the West Coast chair of Ogletree’s Workplace Safety and Health Practice Group, and Kevin have a wide-ranging conversation touching on all aspects of Cal/OSHA, from organizational structure to the roles played by inspectors, district and regional managers, and the legal unit. They also share tips on how Cal/OSHA differs from federal OSHA and other state plans.
In this installment of our Safety Perspectives From the Dallas Region podcast series, Frank Davis (shareholder, Dallas) and John Surma (shareholder, Houston) are joined by Milwaukee shareholder Eric Hobbs, who is the chair of the firm’s Workplace Safety and Health Practice Group. The speakers discuss the Occupational Safety and Health Administration’s (OSHA) continued focus on ergonomics, including in some National Emphasis Programs (NEPs) and as part of the proposed Warehouse Worker Protection Act (WWPA). They also discuss whether OSHA’s recent standard interpretation means that certain common treatments may lead to the finding of a recordable restricted duty.
In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Michael Eckard (office managing shareholder, Charleston) is joined by Bonnie Martin (office managing shareholder, Indianapolis) and Andy Tanick (shareholder, Minneapolis) to discuss recent legal developments in the area of religious accommodations under Title VII of the Civil Rights Act since the Supreme Court’s ruling in Groff v. DeJoy. The speakers discuss how the murky Groff ruling has left unanswered questions about what constitutes an “undue hardship” for religious accommodation requests. They also discuss the open questions regarding what qualifies as “sincerely held” and “religious beliefs,” as new contexts for these claims arise—including complaints about the use of preferred pronouns, DEI initiatives, and more.
In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Eric Hobbs, who is chair of the firm’s Workplace Safety and Health Practice Group and a shareholder in the firm’s Milwaukee office, leads a discussion of the latest news from the Occupational Safety and Health Administration (OSHA), including the expanded electronic reporting requirements, new enforcement guidance on heat stress, the latest developments regarding safety in warehousing and fall protection, and the new proposed rule revising the walkaround inspection regulation. Eric is joined by Wayne Pinkstone (shareholder, Philadelphia) and Robert Rodriguez (shareholder, Sacramento), co-chair of the firm’s Workplace Violence Prevention Practice Group, to cover what’s to come in 2024—OSHA’s new standards on infectious diseases and workplace violence. As a bonus, Robert reviews the latest from the California Division of Occupational Safety and Health (Cal/OSHA).
In this installment of Ogletree Deakins’ Safety Basics podcast series, John Surma (shareholder, Houston) sits down with Jennifer Yanni (of counsel, Orange County) to discuss employers’ duty to comply with the Occupational Safety and Health Administration’s (OSHA) standards and regulations. Jennifer and John cover both the general and special duty standards under the Occupational Safety and Health (OSH) Act, Injury Illness and Prevention Program (IIPP) regulations and violations, and defenses available to employers for various OSHA citations.
In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Sheri Giger (shareholder, Pittsburgh) and Charles Thompson (shareholder, San Francisco) identify gaps that employers may have in their reasonable accommodation and leave of absence processes. Sheri and Charles, who is co-chair of the firm’s Leave of Absence and Reasonable Accommodations Practice Group, discuss the intersection of the FMLA, ADA, PWFA; workers’ compensation; reasonable accommodation obligations; short- and long-term disability laws; light duty under the ADA; and state law. The speakers offer practical tips, including how to identify key internal players, check for compliance gaps, and not take a wrong turn when handling leave and accommodation requests.
In this episode of Dirty Steel-Toe Boots, Phillip Russell (shareholder, Tampa) is joined by Lauren Lenhart (associate, Tampa) to discuss how to prepare for an OSHA informal settlement conference. Lauren and Phillip cover the aftermath of an OSHA citation, including the Occupational Safety and Health Review Commission’s (OSHRC) analysis of the citation, a preliminary assessment of the classification of each citation, negotiation of a monetary penalty for each citation, documentation of abatement, and investigation of citations. Phillip and Lauren also explain the importance of discussing corrective measures with OSHA and demonstrating the employer’s commitment to safety. Stay tuned for the next episode that will cover how to conduct the settlement conference.
In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Burton Garland (shareholder, St. Louis) sits down with Trina Ricketts (shareholder, Kansas City) to discuss strategies to effectively deal with the ten types of toxic employees that can be found in the workplace—including the bully, the narcissist, the back stabber, the unmotivated, and more. Trina and Burt provide practical insights on dealing with some all-too-common, yet complicated, employee situations. Our speakers discuss how these situations can affect business reputation, employee morale, company culture, and, in some cases, revenue—in addition to practical ways to combat these issues.
In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Kristin Higgins (office managing shareholder, Dallas) is joined by Mike Mahoney (shareholder, Morristown/New York) to discuss the unique challenges employers face when managing a remote or hybrid work environment. Kristin and Mike, who is chair of the firm’s Payroll, Tax, and Fringe Benefits subgroup, discuss the tax consequences that may arise when employees work in different jurisdictions from those in which an employer is registered to do business. In addition, Mike and Kristin review best practices on a range of remote work issues, including expense reimbursements for home-office equipment and travel back to brick and mortar facilities in different states.
In this installment of our Safety Perspectives From the Dallas Region podcast series, John Surma (shareholder, Houston) and Frank Davis (shareholder, Dallas), discuss S. 4260, The Warehouse Worker Protection Act (WWPA), which was recently introduced in the U.S. Senate. The WWPA would limit production requirements for warehouse workers and the disciplinary measures that employers may impose for failures to meet those limits. Frank and John review which industries would be covered by the WWPA, the proposed creation of a Fairness and Transparency Office within the Department of Labor’s Wage and Hour Division, and the steep fines employers would face for failure to comply.
In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Sam Fulkerson (shareholder, Oklahoma City), Maria Danaher (shareholder, Pittsburgh), and Mike Sexton (shareholder, Orange County) reflect on the pros and cons of mediation—given the high cost of litigation and the fact that fewer than 2 percent of employment law cases ever make it to trial. Maria, Mike, and Sam discuss what to expect in mediation, covering everything from procedures and logistics to best strategies for optimal cost-benefit resolution. The speakers also cover the benefits and hazards of virtual mediation, including the results of a recent national empirical study completed by an Ogletree Deakins attorney and others on the experiences of employment law practitioners with virtual mediation.
In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Ben Perry (of counsel, Nashville) discusses the latest cybersecurity and privacy issues, risks, and challenges that employers are facing. In addition to reviewing what to do in the face of a data breach, Ben discusses how data privacy laws, such as the California Consumer Privacy Act, apply in the employment context, focusing on notice/opt-out requirements and employee rights. Additionally, Ben covers best practices for risk mitigation, managing data breaches when they happen, and handling employers’ legal notification responsibilities. Finally, Ben addresses trending issues such as biometrics, employee monitoring, and the use of artificial intelligence in the workplace, including their application to the remote work environment.
In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Jennifer Colvin (shareholder, Chicago), David Zwisler (shareholder, Denver), and Larry Shapero (shareholder, Seattle) discuss state law changes and trends expanding employee protections and employer obligations from CROWN Acts, rules regarding lawful off-duty conduct, and pay transparency mandates to prohibitions on noncompetes and NDAs. Jen, David, and Larry start off with a discussion of state laws on protected characteristics that are growing in number and scope across the country. The speakers also examine how states and local governments are expanding protections for historically and newly identified classes of individuals—varying widely by jurisdiction—and what employers need to know.
In this episode of Ogletree Deakins’ Cross-Border Catch-Up podcast series, Eric Lee (New York) is joined by Skye Hao (Atlanta) to discuss performance-based terminations in South Korea. Skye and Eric cover the stringent requirements and objective evaluation criteria mandated by the Labor Standards Act of Korea for an employer to discharge an employee for poor performance. They also review a recent supreme court ruling in South Korea, confirming the country’s high bar for unilateral termination of an employee based on performance.
In this installment of Ogletree Deakins’ TECHPLACE™ Talk series, Jenn Betts, who is co-chair of the firm’s Technology Practice Group, sits down with Justin Tarka and Patty Shapiro to talk about the European Union’s AI Act—which is the first comprehensive law in the world regulating artificial intelligence (AI). The speakers discuss how the new law regulates AI in employment with a risk-based approach. In particular, they discuss potential risks of using AI for screening employment applications, recruitment processes such as interviews, and related concerns surrounding employment exposure to sensitive and personal information.
In this episode of our Cross-Border Catch-Up podcast series, Komlavi Atsou (Cleveland) and Eric Lee (New York), both of whom are members of Ogletree Deakins’ Cross-Border Practice Group, discuss the trend away from the traditional concept of lifetime employment in Japan. Eric explains the traditional model that has been highly protective of employee rights with respect to termination, including requiring progressive discipline. The speakers also delve into some of the reasons Japan is moving away from lifetime employment, such as the declining population, the need to retain foreign talent, and employee and union demands for greater compensation.
In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Phillip Russell (shareholder, Tampa) and Stephen Quezada (shareholder, Houston) discuss the critical role in-house counsel play in responding to and managing potential crisis situations employers are often forced to face. Stephen and Phillip explain the ways in which legal department lawyers need to manage their roles and responsibilities with varying stakeholders—both internal and external. Our speakers cover effective preparedness and responses and the potential landmines employers will want to avoid in situations ranging from high-profile claims of workplace misconduct, government enforcement actions, social justice issues, labor organizing, or workplace fatalities.
In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Caren Marlowe (shareholder, Tampa) and Jim McGrew (chief client services officer, New Orleans) are joined by Sonya Granillo-Cathey (senior director and privacy officer, Arizona Tile) and Yvonne Taylor (chief human resources officer, Goodwill Industries-Suncoast, Inc.) to discuss how HR can collaborate with other leaders in an organization—from C-suite and in-house legal to HR and operations. The speakers discuss how they bring different perspectives to the table, while keeping in mind the common goal of managing a thriving and successful business. In addition, the speakers explain how to manage expectations and harmonize different leadership viewpoints to reach shared objectives, and how to deal with conflict and ensure a solid seat for HR at the table.
In this episode of our Cross-Border Catch-Up podcast series, Diana Nehro and Patty Shapiro discuss the employment law considerations that come into play during a global acquisition. Diana, chair of the firm’s Cross-Border Practice Group, and Patty review the important initial steps, including determining the makeup of the workforce, employee classification, employee locations, and terms of employment. The speakers also address overtime regulations (which may be more expansive than those in the United States), collective bargaining agreements, and collective and individual redundancies.
In this installment of Ogletree Deakins’ Safety Perspectives From the Dallas Region series, shareholders Frank Davis (Dallas) and John Surma (Houston) discuss OSHA’s national safety stand-down to prevent workplace falls. Frank and John specifically talk about assessing potential hazards, fall protection prevention, training and policies, and citations, as well as OSHA’s national and regional emphasis programs on fall prevention and protection in general industry operations and on construction job sites.
In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Karen Morinelli (shareholder, Tampa), Burt Garland (shareholder, St. Louis), and Mike Matula (shareholder, Kansas City) discuss the increasingly common scenario of employees and managers making secret recordings in the workplace. Our speakers review when surreptitious recordings are lawful and when they might run afoul of the Federal Wiretap Act, federal labor laws, or state laws. They also discuss employers’ rights and risks when implementing and enforcing “no-recording” policies in addition to strategies for dealing with secret recordings when they are first disclosed in litigation.
In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, our panel discusses the latest requirements for multistate employers’ handbooks and how employers can keep up with the patchwork of federal, state, and local laws. Dee Anna Hays (shareholder, Tampa), who is chair of Ogletree Deakins’ Multistate Advice and Counseling Practice Group, joined by Todd Duffield (shareholder, Atlanta), and Heather Ptasznik (shareholder, Detroit (Metro)), cover trends regarding parental leave policies, the EEOC’s new guidance on harassment, and unlawful policies under the National Labor Relations Act. Todd and Dee Anna close out with a discussion of the tests the National Labor Relations Board uses to evaluate employer policies.
In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Nonnie Shivers (shareholder, Phoenix) and Scott Kelly (shareholder, Birmingham) discuss what the Supreme Court’s ruling that race-based college admissions are unconstitutional means for diversity, equity, and inclusion (DEI) efforts in the workplace. Scott and Nonnie discuss the legal framework for employers to consider when evaluating their voluntary DEI programming, including how to conduct a risk assessment of DEI programs, conflicting state laws, and questions specific to federal contractors. The speakers offer practical tips for designing and sustaining legally defensible DEI initiatives, including creative strategies to meet company goals without running afoul of the law.
In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Nonnie Shivers (shareholder, Phoenix) and Tiffany Cox Stacy (office managing shareholder, San Antonio) discuss the EEOC’s final guidance on harassment in the workplace. Tiffany and Nonnie cover the ways in which the new guidance, which the agency issued on April 29, 2024, updates, consolidates, and replaces the agency’s previous guidance. They also explain the guidance’s 70+ examples illustrating unlawful workplace harassment situations, covering both circumstances emerging in the office and in the ever-growing virtual workplace. Finally, Nonnie and Tiffany discuss what the EEOC’s new guidance means for employers as they seek to keep their harassment policies and processes effective and compliant.
In this installment of Ogletree Deakins’ Safety Basics series, shareholders Frank Davis (Dallas) and John Surma (Houston) discuss the details of the Occupational Safety and Health Administration’s (OSHA) rulemaking process. Frank and John cover OSHA’s regulatory agenda and timeline for standards and regulations under development or review, the distinction between regulations and standards, petition requests, rejections, and appeals, notices of proposed rulemaking, oral hearings, including comments and objections, and more.
In this podcast, Karen Tynan (shareholder, Sacramento) and Kevin Bland (shareholder, Orange County) discuss the construction industry in California, including top citations, how to avoid them, and what employers can expect to see in these unique workplaces. Karen (who is the chair of the Ogletree West Coast Workplace Safety Practice) speaks to Kevin about the importance of training and accident prevention, the applicability of safety orders, as well as current and new/proposed regulations covering construction activities.
In this episode of our Cross-Border Catch-Up podcast series, Lina Fernandez (Boston) and Shirin Aboujawde (New York) conclude a wide-ranging discussion of important issues to consider when companies are contemplating expanding their businesses outside of the United States and hiring abroad. Shirin and Lina, both of whom are members of the firm’s Cross-Border Practice Group, discuss employment protections such as government-mandated collective bargaining agreements. They also cover the expansion of pay equity measures, including laws requiring employers to conduct pay assessments, and report or post pay data. Our speakers also discuss data privacy and termination of employment, which requires court approval in some countries.
In this episode of the Safety Perspectives From Region 6 podcast series, shareholders John Surma (Houston) and Frank Davis (Dallas) discuss OSHA programs and enforcement of those safety programs at the national, regional, and local levels. John and Frank specifically talk about managing inspections, including communicating with compliance officers, recording interviews, and capturing an accurate record of the inspection. John and Frank also cover recent programmatic and personnel changes in Region 6 and review regional and local emphasis programs, whether industry or hazard specific.
In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York) and Lina Fernandez (Boston), both of whom are members of Ogletree Deakins’ Cross-Border Practice Group, discuss the myriad laws that govern the employment relationships in countries other than the United States and considerations for employers that may want to hire workers abroad. In the first installment, the speakers focus on basic business needs, such as registering their business, identifying payroll and benefits providers, and hiring employees. Lina and Shirin also highlight requirements that differ from country to country, including what can be included in employment applications, background check limitations, hiring quotas for nationals, incentives for hiring expatriate workers, and elements of the employment agreement.
The California Pay Data Reporting Portal opened on February 1, 2024, and private employers of 100 or more employees and/or 100 or more workers hired through labor contractors must submit their 2023 pay data reports on or before May 8, 2024. In this podcast, Jay Patton (shareholder, Birmingham) and Kiosha Dickey (of counsel, Columbia) review recent major developments, including guidance issued by the California Civil Rights Department (CRD). Kiosha and Jay discuss the CRD’s focus on reporting remote worker data, its intent to pursue employers that do not file required reports, and the new requirement that employers supply their California Secretary of State (SoS) number.
In this episode of our Safety Perspectives From Region 6 podcast series, shareholders John Surma (Houston) and Frank Davis (Dallas) discuss the new “walkaround” rule that the U.S. Occupational Safety and Health Administration (OSHA) recently issued. John and Frank specifically cover the history and purpose of the rule, including whether third parties, such as unions and union representatives, can have access to the workplace during inspections. In addition, Frank and John discuss potential challenges and practical considerations for employers in light of the new rule.
In this podcast, Meagan Dziura, a member of Ogletree Deakins’ Immigration Practice Group, covers alternatives for employees not selected in the H-1B lottery, given the stagnant number of USCIS selections made for H-1B visas despite an increased demand over the past few years. Meagan discusses potential options for visa applications, including specialty occupation and treaty visas, such as the H-1B1 and E-3 visas, as well as the TN professional and O-1 extraordinary ability visas. Meagan also explores opportunities for applicants in a dependent status, including spousal visas and other employment authorization documents.
In this podcast, Karen Tynan, who is the West Coast chair of Ogletree Deakins’ Workplace Safety and Health Practice Group, is joined by former San Francisco Chief of Police Greg Suhr to discuss Senate Bill 553, which requires virtually all California employers to adopt comprehensive workplace violence prevention plans by July 1, 2024. Karen and Greg cover topics ranging from risk assessment to active shooter and active aggressor training. They also provide practical tips to assist employers with developing policies to mitigate risk and keep their employees and workplaces safe.
In this podcast, John Surma (shareholder, Houston) and Jeff Leslie (of counsel, Dallas) review the federal Occupational Safety and Health Act (OSH Act) from the law’s origin and purpose to OSHA standards and citations—and the impact on employers. Jeff and John, both of whom are members of the firm’s Workplace Safety and Health Practice Group, also discuss the differences between state and federal OSHA plans, accident reporting, inspections, employee interviews, and other enforcement mechanisms.
In this podcast, Kevin Bland (shareholder, Orange County) sits down with Karen Tynan (shareholder and West Coast chair of Ogletree’s Workplace Safety and Health Practice Group) to discuss serious accident-related citations, how to prevent them, and how to address issues that arise when they do occur. The speakers also cover the nuances of navigating “struck by heavy equipment” cases occurring in multi-employer worksites and/or with third parties.
In this episode of our Safety Perspectives From Region 6 podcast series, shareholders John Surma (Houston) and Frank Davis (Dallas) continue their discussion on OSHA workplace investigations from the opening conference to the close of the inspection. Frank and John focus on how to manage the walk-around process, including staffing and preparing employee representatives for the walk-around, minimizing distractions during interviews with compliance officers, handling documentation requests and collection, and more.
In this episode of our new Cross-Border Catch-Up podcast series, Patty Shapiro (San Diego) and Eric Lee (New York) discuss the recent trend in East Asia to use digital nomad visas, which allow individuals to work remotely in a country for foreign employers. These nomad visa programs were specifically designed to permit eligible foreign nationals to live in a country while working remotely for a foreign employer—while also avoiding the typical hurdles and headaches involved with work authorization and taxes. Eric and Patty cover the various digital nomad visa programs in East Asia, the eligibility requirements of these programs (such as income thresholds, health insurance coverage, and criminal history certificates), the duration of visa application processes, and the approaches various Asian countries have towards the use of these visas.
In this installment of Ogletree Deakins’ Cross-Border Catch-Up series, Patty Shapiro (San Diego) and Eric Lee (New York) discuss recent legislative updates from Singapore, which may have implications on employer handbooks or policies. Patty and Eric cover three major updates: government paid paternity leave benefits, unpaid and infant care leave for working parents, and the new workplace fairness legislation in Singapore. The speakers also comment on the protected characteristics under Singapore’s new discrimination law, which include age, nationality, sex, marital status. pregnancy status, caregiving responsibilities, race, religion, language, and disability and mental health conditions—making Singapore one of the first countries to provide protection on the status of mental health.
In this episode of the Safety Perspectives From Region 6 podcast series, shareholders John Surma (Houston) and Frank Davis (Dallas) discuss workplace investigations and the importance of having a plan for when an OSHA compliance officer arrives at your door to conduct an inspection. Frank and John address the significance of building the right internal team for these workplace investigations, tips for listening and responding to the compliance officer’s questions appropriately, and how cooperating and extending professional courtesy can make for a smoother inspection process.
In this episode of our Multistate Monday podcast series, Lucas Asper (co-chair of the firm’s Multistate Advice and Counseling Practice Group), Stacy Bunck, and John Stretton review issues related to dating in the workplace and best practices for implementing harassment and non-fraternization policies. Lucas (shareholder, Greenville), Stacy (shareholder, Kansas City), and John (shareholder, Stamford) discuss real-life examples from their litigation experiences and how these situations have informed their recommendations regarding go-to policy provisions (including offering employees multiple harassment reporting channels) and best practices on training programs . The speakers also discuss “love contracts,” which require employees to disclose relationships with co-workers and to acknowledge employer policies.
In this podcast, Jamey Petri and Jeffrey Thomas discuss recently-issued guidance provided in a fact sheet from the Department of Justice (DOJ) on avoiding discriminatory employment practices when complying with U.S. export control laws. Jeff and Jamey unpack the Immigration and Nationality Act (INA), the International Traffic in Arms Regulations (ITAR), and the Export Administration Regulations (EAR), focusing on their anti-discrimination provisions as they relate to issues affecting employers, including hiring and retention practices, Form I-9 documentation and processes, and employee training.
In this episode of our Cross-Border Catch-Up podcast series, Patty Shapiro and Lina Fernandez discuss key considerations for both U.S. and global employers that receive requests from employees to work remotely abroad. From potential conflicts in immigration requirements to digital nomad visas that may be available in non-U.S. countries, Patty and Lina, both of whom are attorneys in the firm’s Cross-Border Practice Group, review the risks to which employers are exposed in the context of remote work abroad. The speakers also address tax compliance requirements, the varying benefits and protections to which employees may be entitled abroad (such as variations in at-will employment, workers’ compensation, Social Security benefits, and medical insurance benefits), and compliance with local employment laws.
In this installment of Ogletree Deakins’ Cross-Border Catch-Up podcast series, Patty Shapiro and Lina Fernandez discuss the shortfalls of increasingly popular “digital nomad visas,” which allow foreigners to work in-country for a foreign employer. Patty and Lina discuss alternative solutions companies may entertain to enable their employees to work globally and their associated risks.
In this podcast, Amanda Goodman and Geeta Shah discuss the overlapping complexities and nuances of the U.S. immigration system and the dynamic world of the life sciences industry. The speakers cover visa categories and classifications uniquely suited to professionals in the life sciences industry and available H-1B cap exemption options for employers, as well as other considerations and challenges for employers operating in these crossover industries.
In this podcast, shareholders Karen Tynan (Sacramento) and Kevin Bland (Orange County) discuss how workplace safety and health professionals and attorneys can work together to best serve their employer-clients. Kevin and Karen, who is the West Coast chair of Ogletree’s Workplace Safety and Health Practice Group, offer best practices for employers in situations that have evolved from being preventative to potential litigation. The speakers provide real-world examples of attorneys and safety consultants working together, as well as identify key problem areas. They also review the circumstances under which the attorney work-product doctrine and privileged communications come into play.
In this episode of our Multistate Monday podcast series, Lucas Asper (co-chair of the firm’s Multistate Advice and Counseling Practice Group), Susan Gorey, and Alejandro Perez review the top compliance challenges that come up frequently for multistate employers. The discussion focuses on six areas that can be problematic during the lifecycle of employment: onboarding, leaves of absence, remote work, wage and hour, protective covenants, and separation. Our speakers discuss notices employers are required to provide to employees, pay transparency developments, classification challenges, minimum wage rates across states and localities, best practices on leave administration, and the latest on noncompete agreements.
In this episode of the Safety Perspectives From Region 6 podcast series, Frank Davis (shareholder, Dallas) and John Surma (shareholder, Houston) discuss OSHA’s comprehensive proposed rule on fire brigades that would update a 40-year-old standard to cover everything from training and personal protective equipment (PPE) to physical fitness and medical requirements to vehicle operation and vehicle standards. Frank and John cover details of the 250-page rule—which stands to significantly transform the fire brigade standard into an emergency response standard focusing not only on firefighting but also on emergency medical services (EMS), tactical rescue, and equivalent services provided by employers in workplaces. Finally, they discuss how this rule would change the face of emergency response across the country.
In this podcast, Charles Thompson (co-chair of the firm’s Leaves of Absence/Reasonable Accommodation Practice Group), sits down with Stacy Bunck (shareholder, Kansas City), and John Stretton (office managing shareholder, Stamford) to discuss three new federal Family and Medical Leave Act (FMLA) decisions. The speakers cover the FMLA’s notice requirements and deadlines, the definition of a serious health condition, and the nuances involved with returning an employee to an equivalent position following a leave of absence.
In the first episode of our new Cross-Border Catch-Up podcast series, Patty Shapiro (San Diego) and Lina Fernandez (Boston), both of whom are members of Ogletree Deakins’ Cross-Border Practice Group, discuss a broad range of issues to consider when employers expand their businesses with remote workforces in new countries. Patty and Lina highlight the importance of balancing the desire to enter new markets with the hurdles that strict employment laws may present. Our speakers cover protections for pregnant workers and mothers returning to work after the birth of a child; challenges related to remote employment relationships; and the timing and notification requirements for conducting lawful layoffs.
In this podcast, Kevin Bland and Karen Tynan discuss the latest news and guidance from California on COVID-19 protocols. Kevin, who is a shareholder in Ogletree’s Orange County office, and Karen, the West Coast chair of the firm’s Workplace Safety and Health Practice Group, cover the state’s break from federal CDC guidelines; Cal/OSHA’s non-emergency COVID-19 standards; and the new CDPH order changing protocols on outbreaks, the definition of “close contacts,” the duration of the infectious period, contact tracing, and more. Karen and Kevin also cover the shift in the definition of an outbreak from three cases in fourteen days to three cases during a seven-day period.
In this episode of the Safety Perspectives From Region 6 podcast series, Frank Davis (shareholder, Dallas) and John Surma (shareholder, Houston) answer common questions about what must be recorded in OSHA 300 logs. Frank and John review the recording criteria set forth in 29 CFR 1904.7 and related agency guidance. They also cover how to determine what constitutes a significant injury or illness and days away from work, as well as rules that apply in the event of restricted work or a job transfer after an employee returns to work. They conclude with an explanation of whether a workplace qualifies as an “establishment” requiring its own injury logs under the Occupational Safety and Health Act.
In this installment of Multistate Monday, the co-chairs of the Multistate Advice and Counseling Practice Group, Dee Anna Hays (shareholder, Tampa), Lucas Asper (shareholder, Greenville), and Susan Gorey (of counsel, Indianapolis) provide an overview of the most pressing issues that multistate employers will be tracking in 2024. Our speakers tackle hot topics for the year, including OSHA’s amended recordkeeping and reporting requirements, OSHA’s national emphasis program on heat illness prevention, the NLRB’s final rule on joint employment, the DOL’s rule on independent contractors, the Supreme Court’s upcoming Chevron deference opinion, and federal and state developments in the area of noncompetition laws. Finally, Dee Anna, Lucas and Susan discuss the trend to legalize recreational marijuana use and various kinds of state paid leave requirements.
In this episode of Dirty Steel-Toe Boots, Phillip Russell (shareholder, Tampa) is joined by Jim Plunkett (shareholder, Washington, D.C.), who is chair of Ogletree Deakins’ Governmental Affairs Practice Group and author of our weekly Beltway Buzz, to discuss the political, regulatory, and legal landscape in Washington, D.C., in 2024 and, in particular, what employers can expect from OSHA. Phillip and Jim cover the forthcoming Supreme Court decision addressing court deference to executive agencies; leadership changes at the DOL and OSHA; the federal budget and OSHA’s 2024 budget; the impending walkaround, heat, and workplace violence rules; and the impact the 2024 elections may have on all things related to OSHA.
In this podcast, Charles Thompson (co-chair of the firm’s Leaves of Absence/Reasonable Accommodation Practice Group) sits down with Stacy Bunck (shareholder, Kansas City) and John Stretton (office managing shareholder, Stamford) to discuss three new reasonable accommodation decisions brought under the Americans with Disabilities Act (ADA). They cover aspects of the litigation regarding remote work and whether applicants are qualified for a position. Charles, Stacy, and John also cover the courts’ emphasis on the duties and essential functions of the job in considering whether a requested accommodation is reasonable.
In this episode of the Safety Perspectives From Region 6 podcast series, Frank Davis and John Surma discuss the Occupational Safety and Health Administration’s (OSHA) new rule that requires some employers to submit injury and illness data electronically. Frank (shareholder, Dallas) and John (shareholder, Houston) review which employers are covered under the rule’s employee-count and industry definitions and where to find helpful information on the OSHA website. They also break down applicable deadlines, including the traditional February 1 posting deadline for the paper OSHA Form 300A and the new March 2 electronic submission deadline. John and Frank also cover the need to protect employees’ personally identifiable information and employers’ confidential and proprietary business information.
In the first episode of the Safety Perspective From Region 6 podcast series in 2024, shareholders Frank Davis and John Surma offer practical tips for starting the new year off right, including reviewing records for accuracy and completeness, confirming that all trainings are up to date, and examining the workplace for hazards. Frank and John discuss OSHA Injury and Illness Recordkeeping Form 300, Form 300A, and Form 301, and they address the importance of checking that the logs match, are certified and signed, include proper coding, and are posted at the required time.
In this episode of the Safety Perspectives From Region 6 podcast, Frank Davis (shareholder, Dallas) and John Surma (shareholder, Houston) recap workplace safety and health developments from 2023, including the announced expansion of the instance-by-instance citation policy and whether it led to increased grouping of violations of the same standard into one citation. Frank and John also look ahead to 2024 and discuss the likelihood of new standards for heat injury and illness, infectious disease protections, workplace violence, and the future of the walkaround rule.
In this installment of Multistate Monday, Dee Anna Hays, who is chair of the Multistate Advice and Counseling Practice Group, and Susan Gorey (of counsel, Indianapolis) are joined by Rebecca Bennett and Ben Perry to discuss multijurisdictional data privacy issues. Ben and Rebecca, both of whom are members of Ogletree’s Cybersecurity and Privacy Practice Group, discuss comprehensive data privacy laws, such as the GDPR and the CCPA/CPRA, and a number of areas that are related, including biometric privacy laws, employee monitoring, artificial intelligence, and surveillance. Our speakers discuss the surge in data breach lawsuits, common causes of action, data subject rights, and statutory private rights of action.
In this podcast, Kevin Bland and Karen Tynan discuss skylight fall cases they have handled over the years and the unique issues these cases present for employers. From fall protection standards and due diligence requirements to BOI investigations and potential criminal penalties, this conversation covers a number of considerations for employers to keep in mind regarding skylight incidents. Kevin, a shareholder in Ogletree’s Orange County office, and Karen, who is the West Coast chair of Ogletree’s Workplace Safety and Health Practice Group, also discuss the impact these events have on coworkers, post-incident tips, and preventive measures.
In this episode of our Safety Perspectives From Region 6 podcast, Frank Davis and John Surma review the October 31, 2023, memorandum of understanding entered into by the Occupational Safety and Health Administration (OSHA) and the National Labor Relations Board (NLRB). Frank and John discuss the impact of the agencies’ agreement to share information and to potentially conduct coordinated investigations and inspections. They also offer practical tips to help prepare employers for this new framework, including how effective and timely communication with employees may foster positive employee relations and lessen the chance of complaints that can lead to government investigations.
In this episode of the Safety Perspectives From Region 6 podcast, John Surma (shareholder, Houston) and Frank Davis (shareholder, Dallas) discuss the increasing number of ineffective training citations that the Occupational Safety and Health Administration (OSHA) has been issuing. John and Frank provide practical pointers on how to make training more effective, including tailoring training to different learning styles. The speakers cite videos, lectures, demonstrations, and hands-on exercises as teaching methods that can lead to successful training and a safe workplace.
In this episode of the Safety Perspectives From Region 6 podcast series, shareholders Frank Davis (Dallas) and John Surma (Houston) recount real-world workplace safety and health scenarios and lessons learned from those experiences. John and Frank, both members of the firm’s Workplace Safety and Health Practice Group, review accidents involving manufacturing presses, a marijuana-related incident, and stacked pallets. Our speakers offer insights gained from these situations, including the importance of training, adherence to procedures, and not cutting corners.
In this podcast, Kevin Bland and Karen Tynan discuss U.S. Department of Labor (DOL) data and statistics on workplace safety issues and reflect on how statistics and trends can help employers across different industries make business decisions. Kevin, who is a shareholder in Ogletree’s Orange County office, and Karen, the West Coast chair of the firm’s Workplace Safety and Health Practice Group, also discuss how employers can use DOL information on everything from inspection records and accident abstract records to records of no violation and strategic code records to make more informed decisions for their safety programs.
In this installment of Multistate Monday, Dee Anna Hays, who is chair of the Multistate Advice and Counseling Practice Group, and Susan Gorey (of counsel, Indianapolis) are joined by RIF/ WARN Practice Group Co-Chair Trina R. Ricketts to discuss separation agreements and the challenge of making them enforceable across multiple jurisdictions. Trina covers issues that employers preparing release/separation agreements may need to address, including statutory references, employees’ time to consider, revocation periods, and group versus individual terminations, among other topics. The speakers address tips and strategies for multijurisdictional employers to keep in mind when drafting effective separation agreements and releases.
In this episode of Dirty Steel-Toe Boots, Phillip Russell is joined by Mike Rubin to discuss trials before the Occupational Safety and Health Review Commission (OSHRC). Phillip, who is a shareholder in our Tampa office, and Mike, who is a shareholder in our Phoenix and New York offices, review the steps involved when an employer contests a citation issued by the Occupational Safety and Health Administration (OSHA) and the elements of a trial before an OSHRC administrative law judge. Our speakers cover trial preparation, the importance of key documents, and burden of proof.
In this episode of Dirty Steel-Toe Boots, Phillip Russell (shareholder, Tampa) is joined by Mike Clarkson, co-chair of the firm’s Drug Testing Practice Group, to discuss the safety issues associated with drug testing and marijuana in the workplace. Phillip and Mike have a wide-ranging discussion of employer challenges given the multistate patchwork of marijuana laws, including recruitment and retention, the risk of discrimination or failure to accommodate, and determination of appropriate drug-testing policies. They also compare state laws in Massachusetts, Florida, and Arizona as an illustration of the differences among states and the resulting compliance challenges for multistate employers.
In this episode of the Safety Perspectives From Region 6 podcast series, shareholders Frank Davis (Dallas) and John Surma (Houston) provide an overview of their recent three-part series on fatality and catastrophe investigations conducted by the Occupational Safety and Health Administration (OSHA). Our speakers discuss the importance of scene preservation with regard to spoliation of evidence, accurate reporting of accidents that occur in the workplace, and best practices in the timeframe immediately following accidents. Frank and John, who are members of Ogletree’s Workplace Safety and Health Practice Group, address the option of offering counseling or other mental health assistance to workers who witness accidents, as well as discuss witness preparation and the risk of criminal liability.
In the final episode of our three-part series on California’s new workplace violence prevention law, Karen Tynan (shareholder, Sacramento) and Robert Rodriguez (associate, Sacramento) discuss Senate Bill (SB) No. 553’s recordkeeping and training requirements. The speakers discuss the violent incident log that the new law requires employers to maintain, in addition to the requirement to provide a detailed description of any incident and a classification of who committed the violence. Robert and Karen, who is the West Coast chair of Ogletree’s Workplace Safety and Health Practice Group, also explain when employers are required to train employees, if employers must repeat the training, the languages in which trainings must be made available, and the topics that the trainings must cover.
In part two of our three-part series on California’s new workplace violence prevention law, Karen Tynan (shareholder, Sacramento) and Robert Rodriguez (associate, Sacramento) discuss the nuances of the requirements imposed by Senate Bill (SB) No. 553. The speakers offer details on how employers can establish, implement, and maintain a workplace violence prevention plan. Robert and Karen, who is the West Coast chair of Ogletree’s Workplace Safety and Health Practice Group, also cover the required format of a compliant workplace plan, in addition to customization, distribution, recordkeeping, and employee-involvement requirements and how a workplace violence prevention plan can integrate with other company policies.
In the fourth episode of this series of case studies based on real-world workplace safety accidents, investigations, and trials, Kevin Bland and Karen Tynan discuss trial preparation and strategy. Karen, the West Coast Chair of the firm’s Workplace Safety and Health Practice Group, reviews a trial in which a California employer challenged a citation for violating a bloodborne pathogens standard. Karen and Kevin offer helpful tips and tactics for witness selection and witness preparation, as well as discuss whether depositions should be taken and whether to seek costs.
In part one of our three-part series on California’s new workplace violence prevention law, Karen Tynan (shareholder, Sacramento) and Robert Rodriguez (associate, Sacramento) discuss the new requirement for virtually every employer in California to implement a comprehensive workplace violence prevention plan. Karen and Robert provide an overview of Senate Bill (SB) No. 553, which Governor Gavin Newsom recently signed into law, in addition to the history of the legislation, covered employers, and the new law’s exceptions. The speakers also address how employers can comply with SB 553 by the July 1, 2024, effective date and key definitions, including a discussion of what constitutes an act of violence as opposed to a threat of violence under the law.
In the third episode of our workplace accident case study podcast series, Shareholder Kevin Bland (Orange County) and Shareholder Karen Tynan (Sacramento) discuss a trial challenging a citation for an employee who experienced a heart attack while standing on a step-up bench. Karen and Kevin review the trial strategy that led to the citation being voided, with a focus on the importance of the language in the Division of Occupational Safety and Health’s (Cal/OSHA) Portable Ladder regulations. They also discuss settlement offers and abatement and touch on trends in other states, including Oregon and Washington.
In the second episode of our workplace accident case study podcast series, shareholders Kevin Bland and Karen Tynan discuss a Cal/OSHA heat illness citation and the reasons an employer may choose to contest a citation at trial. Our speakers, both of whom are members of Ogletree Deakins’ Workplace Safety and Health Practice Group, also discuss the impact of a citation on prequalification for other work. Karen and Kevin also review trial issues such as witness preparation, securing training and other documentation, and the impact of employee turnover.
In this episode of our Safety Perspectives From Region 6 podcast series, Frank Davis and John Surma discuss their recent case involving the operation of a crane by an operator allegedly part of a crane credentialing fraud scheme. John and Frank discuss the impact that the related issues may have on employers in industry sectors where cranes are used and the Occupational Safety and Health (OSH) Act compliance implications relative to confirming the certifications and qualifications of employees.
In this first edition of our workplace accident case study podcast series, Karen Tynan and Kevin Bland provide lessons from actual incidents and resulting enforcement actions and lawsuits. Kevin and Karen, both of whom are California shareholders and members of Ogletree’s Workplace Safety and Health Practice Group, discuss a case in which the California Division of Occupational Safety and Health (Cal/OSHA) investigated a construction employer after a worker was injured in a nail gun accident.
In this podcast, Karen Tynan and Kevin Bland, who are leaders in our California Workplace Safety and Health Practice Group, offer a wide-ranging and nuanced discussion of abatement—the act of addressing and curing a hazard identified in a citation. Karen and Kevin offer practical takeaways related to when the duty to abate arises, documentation, and trial considerations, with a focus on the California Division of Occupational Safety and Health’s (Cal/OSHA) approach to abatement. They also cover best practices that may help employers avoid missteps that could lead to significant penalties for failure to abate.
In this podcast, shareholders Kevin Bland (Orange County) and Karen Tynan (Sacramento) review the latest Cal/OSHA (or Division of Occupational Safety and Health) inspection tactics and provide practical pointers for employers that are subjected to an investigation. Karen, who is the West Coast chair of Ogletree’s Workplace Safety and Health Practice Group, and Kevin discuss inspection triggers, the timing and scope of inspections, walk-throughs, and document requests. Our speakers also review employers’ rights during an inspection, including the right to not disrupt operations, and offer takeaways on real-world scenarios, such as an inspector’s requests for reenactments and demonstrations.
This episode of our Safety Perspectives From Region 6 podcast is the final installment of a three-part series on fatality and catastrophe investigations conducted by the Occupational Safety and Health Administration (OSHA). Frank Davis and John Surma, both of whom are members of Ogletree’s Workplace Safety and Health Practice Group, wrap up the series with a discussion of the importance of having a crisis management or disaster preparedness plan in place. John and Frank review the elements of such plans, including initial response to the incident, the OSHA investigation, internal and external communications, and follow-up actions.
This episode of our Safety Perspectives From Region 6 podcast is the second in a three-part series on fatality and catastrophe investigations conducted by the Occupational Safety and Health Administration (OSHA). John Surma and Frank Davis explore issues related to attorney-client and work product privilege in the aftermath of a workplace accident, in addition to best practices on written reports and witness statements produced regarding worksite accidents. Our speakers also discuss advantageous ways to prepare root cause reports to avoid difficulties from the perspective of OSH Act compliance, civil litigation, and public relations.
In this installment of Multistate Monday, our hosts, Dee Anna Hays and Susan Gorey are joined by Mike Mahoney, who chairs Ogletree’s Payroll Tax and Fringe Benefits subgroup, and Melissa Pesce to discuss key issues for employers with remote workers. Mike and Melissa explore the most significant remote workforce issues, including employers’ obligations to withhold income tax and unemployment insurance contributions for remote workers. Our speakers also consider the implications of workers who work remotely on a temporary basis for personal or business reasons and those who have started working remotely from a new jurisdiction without notifying their employers. In addition, Melissa and Mike also consider best practices for remote work policies, issues concerning remote work as a disability accommodation, and the tools employers can use to conduct audits of home offices.
In this episode of Dirty Steel-Toe Boots, host Phillip Russell is joined by Frank Davis to discuss the Occupational Safety and Health Administration’s (OSHA) proposed rule on the worker walkaround representative designation process and whether the walkaround rule supports unionization. Our speakers specifically address whether OSHA has the legal authority to define what “authorized representative” means without referencing the National Labor Relations Act (NLRA)—or whether OSHA’s efforts are preempted by the Occupational Safety and Health (OSH) Act. Phillip and Frank discuss potential challenges to the walkaround rule, what employers can do during the comment period, what employers can expect given the current political climate (including the upcoming elections and the Supreme Court’s impending Chevron deference case), and the effects of this proposal if the rule survives potential challenges and becomes final.
In part four of our Form I-9 podcast series, Jessica Cross and Jenny Cofer continue our conversation on the renewed requirements for I-9 document verification, given the policy and procedural shifts in the wake of the pandemic. Our speakers discuss the specific steps employers are required to follow if they qualify for the new alternative procedure outlined in U.S. Citizenship and Immigration Services’s (USCIS) new policies regarding inspection of documents. Jenny and Jessica also review employer E-Verify enrollment and training requirements to ensure they are in compliance with U.S. Department of Homeland Security (DHS) guidance.
In part three of our multi-part series on changes to the Form I-9, Tiffany Coburn and Meagan Dziura provide insights into the alternative procedure for remote verification of employment in light of the recent changes in policies instituted by U.S. Citizenship and Immigration Services (USCIS). Specifically, our speakers discuss the threshold requirements for employers to qualify to use this alternative procedure, which can help meet physical examination requirements for Forms I-9 completed remotely under the COVID-19 temporary flexibilities and also permits permanent virtual verification in lieu of physically examining Form I-9 documentation. Meagan and Tiffany also generally discuss E-Verify, what it means to be in good standing with E-Verify, and how to establish a general policy for using the alternative procedure consistently.
This episode of the Safety Perspectives From Region 6 podcast is the first in a three-part series on fatality and catastrophe investigations conducted by the Occupational Safety and Health Administration. Frank Davis and John Surma discuss the range of employer considerations regarding preserving and documenting the scene of fatalities and catastrophic events at a worksite. Our speakers specifically discuss preservation letters, the scope of the duty to preserve a scene, and consequences for the failure to preserve.
In the second episode of our podcast series covering the new Form I-9, Christina Kelley and Natalie McEwan review the timeline for transitioning to the new form, changes to the form and its instructions, and the grace period for using the new form. Christina and Natalie, both of whom are members of the firm’s Immigration Practice Group, discuss the benefits of the new form, including its compatibility with mobile devices and tablets, the more concise instructions for completing the form, and the form’s streamlined design. They also note what has not changed, such as the timeline for completing some sections of the form and the document review guidelines.
In this podcast, Dee Anna Hays and Susan Gorey are joined by John Merrell, who is a member of our Traditional Labor Relations Practice Group, to discuss the pros and cons of having a social media policy. Our speakers specifically focus on the considerations employers should keep in mind when updating and drafting their social media policies, such as protected concerted activity (PCA) under the National Labor Relations Act (NLRA). They also cover the importance of having and implementing policies that consider their company’s best interest, while being careful to avoid those that may have a “chilling effect” on employees’ right to engage in PCA on social media.
In this episode of the Safety Perspectives From Region 6 podcast, Frank Davis and John Surma review the Occupational Safety and Health Administration’s (OSHA) national emphasis programs (NEPs), as well as regional and local emphasis programs, which focus OSHA and state-plan resources on particular hazards and high-hazard industries. Frank and John discuss an array of emphasis programs—including a new national emphasis program that relates to warehousing and distribution center businesses—inspection protocols, and the importance of training. They also cover several emphasis programs specific to Region 6.
In this podcast, Tiffany Coburn and Natalie McEwan discuss Senate Bill (SB) 1718, Florida’s new immigration law, which took effect on July 1, 2023, and its mandate on Florida employers with more than 25 employees to use E-Verify for employees hired after the law’s effective date. Our speakers discuss employers’ obligations with regard to the knowing employment of unauthorized individuals and the employer defenses for hiring unauthorized individuals. The law also adds state civil and criminal penalties for violations of its provisions and is expected to increase state law enforcement’s capabilities in administering immigration rules and requirements.
In this podcast, shareholders Kevin Bland (Orange County) and Karen Tynan (Sacramento) provide an update on enforcement trends at Cal/OSHA, including the rise in citations for failure to adhere to an Injury and Illness Prevention Program (IIPP). Karen and Kevin also give practical pointers for dealing with requests made during an investigation, from written requests to requests for demonstrations. They also discuss “late appeals” cases and the importance of responding to citations in a timely manner.
In this podcast, Amanda Mullane and Claudia Martorell provide an overview of the temporary COVID-19 policy permitting employers to inspect documents remotely for the I-9 and to complete the I-9 virtually until the employer returned to in-person operations or until the policy ended on July 31, 2023. Our speakers discuss the compliance expectations on employers, including details on the 30-day grace period (until August 30) to start verifying documents physically, and the exception permitting qualified employers to fulfill the inspection requirements remotely if they were enrolled in E-Verify at the time that the I-9 was completed. Our speakers focus on the significance of the shift from remote to in-person verification of document inspections, the rules on the use of authorized representatives, and the required notifications to employees.
In this podcast, Lauren Hicks and Chris Near discuss updates to the Voluntary Self-Identification of Disability Form, which federal contractors and subcontractors must implement by July 25, 2023. Lauren and Chris, who are both members of the firm’s OFCCP Compliance, Government Contracting, and Reporting Practice Group, examine the threshold requirements for completing the form, review the changes to the form made by the Office of Federal Contract Compliance Programs (OFCCP), and provide practical tips for implementation and document retention.
In this podcast, Frank Davis and John Surma discuss the Occupational Safety and Health Administration’s (OSHA) recently issued “Hurricane eMatrix,” a hazard and risk assessment tool that contains guidance for preparing and engaging in response efforts associated with hurricanes that make landfall. Frank and John review the e-Matrix’s hazard-specific recommendations, heat illness guidance, and training expectations for employees working in hurricane recovery. They also discuss how the guidance found in the eMatrix may indicate that OSHA is shifting from a compliance-focused approach to an enforcement-focused approach.
In this podcast, shareholders Kevin Bland and Karen Tynan discuss how companies can achieve an effective safety culture to drive reduced injuries, near misses, and incidents as well as create a more holistic approach to safety in the workplace. Karen and Kevin are joined by safety professional Kelly Bernish to discuss what actions employers can take that would allow a safety culture to permeate the fabric of a company from top to bottom and how to train employees to appreciate the value of evaluating risk.
In this podcast, Kevin Bland, who is a member of Ogletree’s Workplace Safety and Health Practice Group, and Karen Tynan, who is chair of the firm’s West Coast OSHA practice, discuss the California Occupational Safety and Health Standards Board’s COVID-19 Prevention Non-Emergency Regulation. Kevin and Karen highlight the notable differences between this standard and the emergency temporary standards, including the end of exclusion pay, the “close contact” definition, contact tracing, and reduced directions for face covering. Kevin and Karen also discuss enforcement activity and the push for a general industry aerosol transmissible diseases standard.
In this episode of Dirty Steel-Toe Boots, host Phillip Russell is joined by Dee Anna Hays for a close-up look at the Occupational Safety and Health Administration’s (OSHA) multi-employer citation policy, which applies when multiple employers are working at a single job site. Phillip and Dee Anna review the four categories of employers covered by the policy: creating employers, controlling employers, exposing employers, and correcting employers. They review the criteria for identifying the employer categories, as well as the standards of care that apply. Phillip and Dee Anna also discuss the closely-related topic of temporary employees, and the duties of host employers.
In this podcast, Karen Tynan and Kevin Bland walk us through informal conferences and settlement conferences in the Division of Occupational Safety and Health (also known as Cal/OSHA) forum. Our speakers focus on the details of the settlement process, best practices for scheduling conferences and timing deadlines, the information to gather before a conference, how settlements are finalized, when citations and abatements are due, and how notices in lieu of citation operate in settlements.
In this podcast, Frank Davis and John Surma discuss the recordkeeping requirements under the federal Occupational Safety and Health (OSH) Act, including the difference between what is recordable and reportable. Frank and John also review the criteria for recordability and explain the recording criteria, including what constitutes medical treatment, days away from work, restricted work, and the timing of reporting.
In this podcast, Brian Bumgardner and Matt Groban walk us through a variety of critical immigration-related issues to consider when approaching mergers and acquisitions (M&A). Our speakers specifically focus on the impacts of corporate restructuring activity on the Form I-9 requirement, as well as common employment-based temporary work visas and the permanent residency (i.e., green card) process.
In this installment of Multistate Monday, Dee Anna Hays, who is chair of Ogletree Deakins’ Multistate Advice and Counseling Practice Group, is joined by Phillip Russell, who is a member of the firm’s Workplace Safety and Health Practice Group, and also is the host of the Dirty Steel-Toe Boots podcast series. Dee Anna and Phillip discuss the multistate compliance issues arising from the existence of 22 OSHA-approved state workplace safety and health programs. Our speakers discuss heat illness standards, reporting, drug testing, workers’ compensation, and guns in the workplace.
In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, our panel analyzes microaggressions in the workplace and how they can have detrimental effects on workplace morale and productivity and can even expose employers to negative publicity and liability. Austin Office Managing Shareholder Erika Leonard is joined by Chief Diversity, Equity, and Inclusion Officer Lia Dorsey and Morristown (NJ) Office Managing Shareholder Steve Luckner in a discussion that covers how casual workplace comments that may not seem to have malicious intent can be viewed as hurtful or, in some cases, discriminatory. Our speakers offer insights on the nuances of workplace communications and how best to ensure employees’ interoffice interactions can be productive, rather than reductive.
In this podcast, Frank Davis and John Surma, members of Ogletree Deakins’ Workplace Safety and Health Practice Group, discuss limitations on and best practices for employee drug testing policies throughout the Occupational Safety and Health Administration’s (OSHA) Region 6. Frank and John offer insights related to the timing of drug testing, including in post-accident situations. They also discuss the interaction of federal and state law and OSHA’s 2016 standard interpretation that broadly addressed post-accident drug testing.
This podcast takes a deep dive into the California outdoor heat illness standard with a focus on implementation and Cal/OSHA enforcement. Shareholders Kevin Bland and Karen Tynan discuss effective outdoor heat illness training practices for supervisors and employees, the benefits of onboarding training, and water and shade access requirements. Our speakers also offer best practices for employers implementing high heat procedures.
In this podcast, shareholders Kevin Bland and Karen Tynan discuss the California legislature’s and Cal/OSHA’s proposed regulations and laws regarding workplace violence. Our speakers discuss Cal-OSHA’s Title 8 Section 3343 draft regulations and Senate Bill (SB) 553, which would establish new workplace violence prevention standards in California. Karen and Kevin discuss the details of the robust requirement to implement workplace violence plans (including communication, reporting, training, recordkeeping, and response procedures) that employers may have to adopt if the regulations take effect.
In this episode of Multistate Monday, Dee Anna Hays, chair of Ogletree Deakins’ Multistate Advice and Counseling Practice Group, and Susan Gorey are joined by Trina Ricketts, who is co-chair of the firm’s RIF/WARN Practice Group. Our speakers discuss the best practices for parting ways with employees, and all of the multistate issues that can come into play, such as notices, release agreement requirements, and the federal Worker Adjustment and Retraining Notification (WARN) Act and mini-WARN Acts. Trina discusses best practices when implementing a reduction in force, including analyzing the multitude of state specific issues and requirements.
In this podcast, shareholders John Surma and Frank Davis the workplace safety implications of the current Canadian wildfires and the resulting wildfire smoke that is entering air spaces in the United States. Frank and John discuss how the Occupational Safety and Health Administration (OSHA) approaches wildfires, wildfire smoke, and the corresponding obligation employers have to their employees relative to each. Our speakers also review emergency actions plans (EAPs), the conditions that activate an EAP, as well as the preparation and training associated with EAPs. Frank and John touch on a variety of issues raised by concerns over wildfire smoke and the threat of fire, including respiratory protection, shelter in place, and evacuation.
In this episode of Dirty Steel-Toe Boots, Phillip Russell is joined by fellow Tampa shareholder, Dee Anna Hays, to discuss the Occupational Safety and Health Administration’s (OSHA) recent focus on heat illnesses and employers’ responsibilities towards employees as temperatures rise. Phillip and Dee Anna discuss OSHA’s 2022 issued national emphasis program in which it gave some guidance to area offices around the country about how to conduct heat-related inspections, what to focus on when the inspections might be triggered, and more. Dee Anna and Phillip also offer employers practical considerations on steps they can take when the heat index rises.
In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Workplace Safety Practice Group members Wayne Pinkstone (Philadelphia) and David Walston (Birmingham) bring listeners up to date on the latest rulemaking and enforcement activity from the Occupational Safety and Health Administration (OSHA). Wayne and David provide insights into the agency’s new priorities and discuss OSHA’s use of rapid response investigations and programmed inspections and the issuance of hazard alert letters since the COVID-19 pandemic ended. In addition, our speakers describe how OSHA has recently reenergized its focus on pre-pandemic priorities such as fall protections, workplace violence, indoor and outdoor heat-related hazards, and personal protective equipment.
In this podcast recorded at the firm’s national Workplace Strategies seminar, the co-chairs of Ogletree Deakins’ Technology Practice Group, Danielle Ochs and Jenn Betts, discuss the impact of new and emerging technologies in the workplace—specifically ChatGPT. Jenn and Danielle provide an overview of artificial intelligence (AI) and how it’s being used in the workplace, and discuss the EEOC’s announcement that it intends to hold employers accountable for their use of AI in hiring and recruiting decisions. Danielle and Jenn also discuss ways in which emerging AI technologies, such as ChatGPT, raise new concerns for the workplace and employers and how employers can protect their “smart” workplaces from technological traps.
In this podcast, members of Ogletree Deakins’ Workplace Safety and Health Practice Group discuss safety incentive programs and how the Occupational Safety and Health Administration (OSHA) may be taking a new view of them, as evidenced by a 2023 post by OSHA that asked, “Is your pizza party incentive program unreasonable?” The speakers, Jeff Leslie, John Surma, and Karen Tynan—who is chair of the firm’s West Coast OSHA practice—review various types of incentive programs and what employers can learn from past OSHA guidance.
In this podcast recorded at our recent national Workplace Strategies seminar, Liz Falcone (Office Managing Shareholder, Portland, OR), Evan Citron (Shareholder, New York), and Kathryn Bird (Partner, Toronto) discussed the evolution of the #MeToo movement years after the movement gained significant traction in October 2017. Our speakers commented on how the #MeToo movement has contributed to an increased number of sexual harassment claims and larger damages awards. They also addressed the legislative response to the #MeToo movement, including limitations on the arbitrability of claims, prohibition of nondisclosure provisions, and longer statutes of limitations.
In this podcast, John Surma and Frank Davis, members of Ogletree Deakins’ Workplace Safety and Health Practice Group are joined by Tom Baldwin, Vice President of Safety for Global Medical Response/American Medical Response (GMR/AMR), which provides emergency medical services and patient relocation services in the United States. Tom shares details of his professional path, including his role in developing industry safety standards. Our speakers and guest also discuss the importance of the relationship between the client and the attorney and the related collaboration and communication between attorneys and clients in creating a culture of safety.
This podcast, which we recorded at Ogletree Deakins’ national Workplace Strategies seminar, explores the multifaceted age composition of the workplace from Baby Boomers and Generation X to Millenials and Generation Z. Our speakers, Bill Grob (Shareholder, Tampa) and Tiffany Cox Stacy (Shareholder, San Antonio) acknowledge the varying ways in which employees of different age ranges approach their jobs—with regard to a variety of factors such as adaptability, tech-savviness, communication and engagement styles, loyalty, work-life balance, and more—and what this means for employers that have multigenerational workforces. The speakers also discuss the benefits and challenges of having employees from multiple generations on a single team, especially given the prevalence of remote and hybrid workplaces.
In this podcast, recorded at the firm’s national Workplace Strategies seminar, Amanda Quan, the office managing shareholder of the firm’s Cleveland office, and Stephen Quezada, a shareholder in our Houston office, discussed disciplining an employee who has engaged in a protected activity. Our speakers offered ten practical steps that employers can take to minimize the risk of a retaliation claim when disciplining employees who have engaged in protected activities, such as making a harassment or discrimination claim, requesting a leave of absence or accommodation, filing a workers’ compensation claim, or reporting a safety concern. Amanda and Stephen offer key takeaways related to the documentation and timing of employee discipline.
In this podcast, which was recorded at the firm’s national Workplace Strategies seminar, shareholders Timothy Reed (San Francisco) and Phillip Russell (Tampa) reflect on the ever-changing compositions of modern-day workforces, including neurodiverse employees, whose unique skills provide valuable solutions for many workplaces. Our speakers provide tips and takeaways on how employers can onboard and develop neurodiverse employees. Tim and Phillip also cover the various types of neurodiversities that may be present in the workforce and ways employers can embrace it at work.
This podcast, which was recorded at Ogletree Deakins’ national Workplace Strategies seminar, features a review of the firm’s third annual benchmarking report, Strategies and Benchmarks for the Workplace: Ogletree’s Survey of Key Decision-Makers, which gathered feedback from nearly 1,100 in-house counsel and senior HR professionals. Our speakers, Bud Bobber, chair of the firm’s Manufacturing Practice Group, is joined by Chief Client Services Officer Jim McGrew, and Jenn Betts, who is co-chair of the firm’s Technology Practice Group, highlighted key findings and takeaways from the report, including the top labor and employment challenges for employers. The speakers also noted trends surrounding those challenges, which include hiring and retention, multistate compliance, pay transparency, AI in the workplace, and more.
This episode of Workplace Strategies Watercooler, which was recorded at Ogletree Deakins’ national Workplace Strategies seminar, features a discussion of reasonable accommodations issues emerging from the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), state paid leave laws, and mini-FMLA laws. Our speakers, Shareholder Charles L. Thompson, IV, who is a co-chair of the Ogletree Deakins Leaves of Absence/Reasonable Accommodations group, was joined by Shareholder Stacy M. Bunck (Kansas City) and Shareholder John G. Stretton (Stamford). The podcast addresses the many facets of employers’ accommodations obligations, including timeframes for action, the interactive process, documentation requirements, intermittent claims, and return-to-work issues.
This episode of Multistate Monday, which was recorded at Ogletree Deakins’ national Workplace Strategies seminar, features a discussion of how multistate employers can craft, revise, and implement handbooks in the face of emerging federal, state, and local developments. Our attorneys, Shareholder Dee Anna Hays, chair of Ogletree Deakins’ Multistate Advice and Counseling Practice Group, Shareholder Lucas Asper, Shareholder Christine Bestor Townsend, cochair of the firm’s Unfair Competition and Trade Secrets Practice Group, were joined by a guest speaker who is a senior human resources professional for a growing multistate employer. The panelists address key considerations in structuring multistate employment handbooks, the uptick in state limitations on restrictive covenants, and best practices related to the timing and consideration for such agreements.
In this podcast, Frank Davis (Shareholder, Dallas) and John Surma (Shareholder, Houston) discuss job hazard analysis and pre-test planning. Frank and John—both members of Ogletree’s Workplace Safety and Health Practice Group—address how and when to conduct an analysis, who to involve in the process, the importance of communication, and methods of documentation. They offer insights and best practices for identifying hazards so that they can be eliminated or reduced to an acceptable risk level.
In this podcast, John Surma and Frank Davis are joined by Ryan Swink to discuss Texas’s Senate Bill (SB) 240—which imposes workplace violence requirements on covered healthcare facilities. Specifically, SB 240, which is also known as the Workplace Violence Prevention Act, requires health care facilities to adopt, implement, and enforce written workplace violence prevention programs and written prevention plans. The law also requires covered health care facilities to create workplace violence prevention committees and authorizes existing facility committees to develop a workplace violence prevention plan. The speakers also discuss how the new law interplays with Texas’s law on the open carry of firearms.
In this podcast, John Surma and Frank Davis (both of whom are members of Ogletree Deakins’ Workplace Safety and Health Practice Group) discuss Rapid Response Investigations (RRIs), a tool that the Occupational Safety and Health Administration (OSHA) is using with increasing frequency. Frank and John review best practices for employer response to RRI letters, including the importance of timeliness; the utility of including a robust description of the employer’s business or industry and safety program; and a discussion on which employees to include on the employer’s investigation team.
In this podcast, John Surma and Frank Davis, members of Ogletree Deakins’ Workplace Safety and Health Practice Group discuss unprogrammed inspections conducted by the Occupational Safety and Health Administration (OSHA). Frank and John provide an overview of the four triggers of such inspections: imminent danger; fatalities and catastrophes; complaints by employees, unions, or third parties; and referrals by other agencies. They also offer practical takeaways for employers that may be subject to an unprogrammed inspection.
This episode of Multistate Monday offers an informative overview of the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) and the Pregnant Workers Fairness Act (PWFA). Dee Anna Hays, chair of Ogletree Deakins’ Multistate Advice and Counseling Practice Group, and Susan Gorey are joined by Christine Bestor Townsend, who fields as host of questions about employer obligations under the PUMP Act and the PWFA. Christine offers practical takeaways regarding interaction with other federal laws, including the Americans with Disabilities Act, as well as state and local lactation laws. She also reviews coverage, enforcement and remedies, and pointers for developing well-defined and compliant policies for both acts.
In this podcast, John Surma and Frank Davis, members of Ogletree Deakins’ Workplace Safety and Health Practice Group, discuss the various types of citations that are issued by the U.S. Occupational Safety and Health Administration (OSHA). In particular, Frank and John discuss what employers are required to do once they receive a citation, possible options on responding to citations, and employers’ response and abatement deadlines. John and Frank also discuss how employers can challenge a citation, how and when employers may decide to file a notice of contest, and whether to schedule an informal conference with OSHA.
It has been an eventful year for U.S. Citizenship and Immigration Services (USCIS). In this podcast, Awanti Damle and Kara Lancaster, members of Ogletree Deakins’ Immigration Practice Group, provide a rapid-fire and informative summary of the top five immigration topics for employers. Awanti and Kara discuss proposed increases in filing fees for certain visa petitions, including H-1B and L-1 petitions, and the phased expansion of premium processing for some nonimmigrant and immigrant visa types. They also provide insight on pay transparency laws applicable for employers recruiting foreign nationals, the waiver of an in-person interview in the visa stamping process for some types of applications, and whether there will be an additional selection round in the annual H-1B lottery.
The U.S. labor secretary and assistant secretary of labor for occupational safety and health recently signed a memorandum giving the Occupational Safety and Health Administration (OSHA) authority to issue certifications supporting applications for U and T nonimmigrant status visas (which are related to certain crimes and forms of human trafficking). In this podcast, John Surma is joined by Leigh Ganchan, who is a member of Ogletree Deakins’ Immigration Practice Group, to discuss what these visas are, how they have traditionally been used, wait times for these visas to be granted, and the status of applicants while these visa cases are processed. John and Leigh also discuss how the new memorandum could come into play in many OSHA inspections because one of the qualifying activities is “obstruction of justice,” which OSHA may claim if an employer fails to cooperate with a compliance officer.
In this podcast, John Surma and Frank Davis, members of Ogletree’s Workplace Safety and Health Practice Group, discuss hazard alert letters (HAL) issued by the Occupational Safety and Health Administration (OSHA). John and Frank review circumstances under which a HAL might be issued, including deviation from industry standards, and what employers may want to consider when responding to a HAL. The podcast concludes with a review of abatement verification inspections and interim abatements.
In this podcast, Susan Gorey and Dee Anna Hays, who is chair of Ogletree Deakins’ Multistate Advice and Counseling Practice Group, are joined by Tae Phillips, who is a co-chair of the firm’s Drug Testing Practice Group. Tae reviews the many issues facing employers as the number of states legalizing the use of medical and recreational marijuana grows. He provides best practices for managing the complex framework of state marijuana laws and discusses issues surrounding job protections for marijuana users, reasonable suspicion drug testing, and what employers can expect in the future.
In this podcast, members of Ogletree Deakins’ Workplace Safety and Health Practice Group discuss workplace violence, with a focus on healthcare settings. John Surma, Wayne Pinkstone, and Phillip Jones review the duty to provide a hazard-free workplace and guidance provided by the Occupational Safety and Health Administration (OSHA). They also address how workplace violence incidents may lead to a violation of the Occupational Safety and Health Act’s General Duty Clause. Karen Tynan, chair of Ogletree’s West Coast OSHA practice, joins the conversation to discuss Cal/OSHA’s approach to the threat of workplace violence, the need to address environmental risk factors, and abatement of a hazardous condition after an incident.
In this podcast, Workplace Safety and Health shareholders John Surma and Frank Davis continue their discussion of inspections conducted by the Occupational Safety and Health Administration (OSHA). John and Frank review employer rights and responsibilities with respect to employee interviews, preserving the scene of an incident, producing injury and illness records, and more.
In this podcast, John Surma and Frank Davis, members of Ogletree Deakins’ Workplace Safety and Health Practice Group, review the basis for and scope of inspections by the Occupational Safety and Health Administration (OSHA). John and Frank discuss circumstances that may trigger an inspection, what to expect at an opening conference, and an employer’s right to limit the inspection.
In this podcast, Tom Davis and Tom Stanek, co-chairs of Ogletree Deakins’ Traditional Labor Relations Practice Group, provide an update on the National Labor Relations Board’s (NLRB) February 2023, decision that nondisparagement and confidentiality provisions in severance agreements must be carefully drafted. This episode of Third Thursdays does a deep dive into the March 22, 2023, NLRB general counsel (GC) memorandum clarifying the McLaren Macomb ruling. In addition to providing an update on the GC’s latest guidance, Davis and Stanek also provide clarification on previously unsettled issues and factors to keep in mind when drafting severance, settlement, and other employment agreements.
Just in time for April Fools’ Day, we are pleased to announce the inaugural episode of our newest podcast series, Multistate Mondays. In this episode, Dee Anna Hays, who is chair of Ogletree Deakins’ Multistate Advice and Counseling Practice Group, is joined by Susan Gorey to discuss the responses to the firm’s recent benchmarking survey. Susan and Dee Anna discuss the most challenging multijurisdictional issues that employers are facing, including leaves of absence, wage and hour laws, handbooks and policies, background checks, and marijuana laws. They discuss how employers can keep up-to-date and in compliance with the patchwork of state laws in these areas—especially given the growing trend of remote workforces that started during the pandemic.
In this podcast, John Surma and Frank Davis (both of whom are members of Ogletree Deakins’ Workplace Safety and Health Practice Group) discuss the keys to being successful in terms of managing an Occupational Safety and Health Administration (OSHA) inspection. Frank and John discuss the importance of having a workplace safety plan, training employees on details of the plan, being prepared, and maintaining relationships with safety professionals.They also discuss whistleblower complaints, rapid response investigations (RRI), and considerations for employers submitting RRI responses.
In this podcast, John Surma, Kathy Fletcher, and Karen Tynan discuss Oregon’s Senate Bill (SB) 592, which would significantly increase the amounts of civil penalties for violations of the Oregon Safe Employment Act. The speakers also cover SB 592’s provisions that would allow Oregon Occupational Safety and Health to conduct in-depth, wall-to-wall inspections under certain circumstances. Karen Tynan—who is chair of Ogletree’s West Coast OSHA practice—Kathryn, and John also review the unlimited “look back” period for repeat violations included in SB 592 and highlight Ogletree’s OSHA Tracker, a useful tool in monitoring OSHA activity throughout the nation.
In this podcast, Tom Davis, co-chair of Ogletree Deakins’ Traditional Labor Practice Group, provides an update on the current National Labor Relations Board’s (NLRB) Representation-Case (R-Case) Procedures, which have gone through substantial changes involving NLRB rulemaking in 2014 and 2019. Tom reviews the recent Court of Appeals decision resolving challenges to the 2019 modifications and how the NLRB intends to respond to that decision. He then reviews which proposed changes are and which ones are not in effect today: for example, when the list of eligible voters is due, when the certification of election results may occur, who can be an election observer certified by a union, the number of days permitted for various steps in the process, and whether ballots are impounded or counted when an election is appealed.
State laws addressing the right to carry firearms have been evolving and some states, including Texas, have expanded the rights of individuals to carry guns in public places. In this podcast, Frank Davis, John Surma, and Andy Turner discuss the interplay between such laws and the rights of employers to limit employees’ possession of guns on work premises. This podcast includes an in-depth review of the “parking lot exception” and an update on recent changes to Texas state law.
In this podcast, Frank Davis, John Surma, and David Walston, members of Ogletree’s Workplace Safety and Health Practice Group, discuss the Occupational Safety and Health Administration’s (OSHA) Site-Specific Targeting (SST) program whereby the agency randomly selects employers for “wall-to-wall, floor to ceiling” inspections without identifying an accident or hazard. The speakers review data indicating that OSHA inspections, citations, and penalties are on the rise, and offer insights into the reasons for the increase, particularly in Texas, Louisiana, Arkansas, Oklahoma, and Alabama.
In this episode of Dirty Steel-Toe Boots, Phillip Russell is joined by Tom Chibnall, to discuss the Occupational Safety and Health Administration’s (OSHA) recent activity on the regulatory front, namely the new guidance on the whistleblower complaint intake pilot program. Phillip and Tom (both of whom are members of Ogletree Deakins’ Workplace Safety and Health Practice Group) discuss the potential impact of the program, including the likelihood that it will alleviate the backlog of whistleblower complaints (such as Occupational Safety and Health (OSH) Act 11(c) complaints), screen out flawed allegations, and lead to shorter investigatory timetables. Phillip and Tom also review the elements of viable 11 (c) complaints: protected activity, an adverse employment action, and a “but for” causal connection between the two.
In the final installment of this three-part podcast series, Frank Davis and John Surma wrap up their discussion of the criminal implications associated with some violations of the Occupational Safety and Health (OSH) Act, with a focus on the fatal shooting on the set of the movie “Rust.” Frank and John, members of Ogletree’s Workplace Safety and Health Practice Group, review how deviation from industry standards and from the “reasonable person” standard may result in an OSH Act violation and, possibly, criminal charges. They also highlight best practices for employers that become aware of workplace hazards and outline when and how the Occupational Safety and Health Administration’s Multiemployer Citation Policy may apply.
Part two of Frank Davis and John Surma’s three-part podcast series continues the discussion on the workplace safety issues related to the criminal proceedings emerging from the tragic incident on the set of the movie, “Rust.” Frank and John, both of whom are members of Ogletree Deakins’ Workplace Safety and Health Practice Group, consider criminal charges that may be brought in other industries, such as construction, and the Occupational Safety and Health Administration (OSHA) investigations when workplace injuries are related to an emphasis program subject. Our speakers also consider how federal OSHA states and state-plan states differ on criminal prosecutions—whether it be a state attorney general or the federal department of justice.
In this podcast, host Bill Grob is joined by Chris Cascino to discuss the U.S. Department of Labor’s (DOL) new opinion letter on how the Family and Medical Leave Act (FMLA) applies in employee scheduling. Our speakers discuss the background of the opinion letter, the intricacies of offering intermittent leave for an indefinite period of time, and the DOL’s stance that employees may limit their work schedules on an intermittent leave basis in perpetuity. Bill and Chris also discuss the methods available to employers in terms of scheduling, the intersection of the Americans with Disabilities Act with the FMLA, and undue hardship exemptions under the ADA.
In this podcast, Tom Davis, co-chair of Ogletree Deakins’ Traditional Labor Relations Practice Group, sits down with Jenn Betts, co-chair of the firm’s Technology Practice Group, to discuss the National Labor Relations Board’s (NLRB) General Counsel (GC) Memorandum 23-02 on technology in the workplace. While technology can increase efficiencies, ensure security, increase productivity, and promote decision-making fairness, our speakers consider the concerns articulated by the General Counsel about how these tools can impact Section 7 activity. Jenn and Tom do a deep dive into the implication of memo 23-02 and how employers may need to adjust their use of technology if the GC’s perspectives are adopted by the NLRB.
In this episode of Dirty Steel-Toe Boots, Phillip Russell is joined by John Surma, to discuss OSHA’s January 26, 2023, press release announcing the agency’s new instance-by-instance citation policy along with two related enforcement memoranda regarding the factors for determining whether instance-by-instance citations should be issued and penalty adjustments. Phillip and John (both of whom are members of Ogletree Deakins’ Workplace Safety and Health Practice Group) discuss the implications of this move away from OSHA’s previous policy whereby the agency had the discretion to group similar citations or exposures—including significantly increased penalties multiplied by the number of instances cited. Our speakers also cover how often the agency will use this new practice and how these changes will affect the number of cases that will be contested due to the increased overall penalty exposure.
In this podcast series, Frank Davis and John Surma, members of Ogletree’s Workplace Safety and Health Practice Group, discuss the circumstances under which criminal prosecution may result from a violation of the Occupational Health and Safety (OSH) Act by doing a deep dive into the fatal shooting on set of the movie, “Rust.” Frank and John review what is required for a finding of a “willful” violation of the OSH Act’s General Duty Clause. They also focus on activity in the Occupational Safety and Health Administration’s Region 6, and the investigation of the “Rust” shooting by the New Mexico Occupational Health & Safety Bureau.
The Occupational Safety and Health Administration (OSHA) recently proposed a rule that would revive a policy allowing nonemployee representatives of labor unions and worker advocacy groups to take part in OSHA inspections. In this podcast, Frank Davis and Phillip Russell, members of Ogletree Deakins’ Workplace Safety and Health Practice Group, review the current law and how the proposed rule, if adopted, may transform and expand OSHA inspections.
In this podcast, Tom Davis, co-chair of Ogletree Deakins’ Traditional Labor Relations Practice Group, reviews recent developments in labor relations and organizing and offers helpful insights on hot topics for 2023. Tom discusses some of the reasons for the increased level and visibility of organizing and whether this trend will continue. The episode also provides an update on National Labor Relations Board (NLRB) activity and how the present political climate may influence developments. The presentation concludes with a preview of traditional labor topics to come in 2023, including handbook policies, joint-employer issues, expansion of the concept of protected concerted activity, and artificial intelligence (AI) in the workplace.
In this podcast, Phillip Russell, a member of Ogletree’s Workplace Safety and Health Practice Group, continues the popular Dirty Steel-Toe Boots series with a look ahead at 2023 and what to expect from the Occupational Safety and Health Administration (OSHA). Phillip reviews the reasons OSHA may be more active in 2023 and offers tips on how employers can prepare. The discussion includes insights into regulatory acceleration, political urgency, and economic forces that may shape OSHA policy and practice.
In this podcast, Andrew Drozdowski and Kara Goray, members of Ogletree Deakins’ Immigration Practice Group, provide an overview of the H-1B cap or quota process. The H-1B visa program permits U.S. companies to employ professional foreign national workers in specialty occupations who have not previously held H-1B work visas. The speakers explain how the online registration process works and what employers can do now to prepare. Kara and Andrew also highlight considerations to keep in mind when selecting candidates, including education level, work location, and prevailing wage issues.
In this podcast, Katie Desmond and Katherine MacIlwaine, members of Ogletree Deakins’ Immigration Practice Group, review the challenges that employers and employees face when a reduction in force (RIF) or layoff affects the employment of foreign nationals. The speakers review the varying considerations to keep in mind for workers with non-immigrant work visas, those who are in the green card process, and students with F-1 status. Katherine and Katie also provide information regarding grace periods, review the options that may be available for those in the green card process, and discuss other key topics regarding workforce reductions.
In this podcast, Lauren Hicks and Chris Near give an overview of the regulatory poster requirements imposed by the Office of Federal Contract Compliance Programs (OFCCP) on federal contractors. The speakers review noteworthy posters, how OFCCP will ensure they are posted during audits, digital accessibility, and best practices for regulatory compliance. Specifically, the speakers address the Equal Employment Opportunity Commission’s (EEOC) new “Know Your Rights” poster that replaced the prior “EEO is the Law” poster and supplement. The presentation covers additional compliance obligations including the pay transparency nondiscrimination poster, as well as wage and hour posting requirements imposed under the Fair Labor Standards Act (FLSA) that are applicable to federal contractors, the “Notification of Employee Rights Under Federal Labor Laws” poster, and the Uniformed Services Employment and Reemployment Rights Act (USERRA) poster. The speakers also provide best practices to successfully navigating poster compliance in an OFCCP compliance review.
In this podcast, Dan Maranci and Christina Kelley discuss the Child Status Protection Act (CSPA) and how its provisions may benefit dependents who turn 21 before their green card application has been approved. The speakers review guidance on determining an applicant’s age at the time of visa availability and present several hypotheticals to demonstrate how to calculate adjusted CSPA ages. Join this podcast for important insights into this key piece of legislation and for step-by-step examples of how it applies in real world scenarios.
In this French-language podcast, Pascale Ernst and Marie Paulin from Ogletree Deakins’ Paris office answer questions regarding how to recruit Ukrainian refugees in France. Marie and Pascale discuss under which legal framework companies may employ Ukrainian refugees and what type of employment contract French law requires employer to use in these circumstances.
In this podcast, we discuss the cases before the Supreme Court of the United States, involving affirmative action or race-conscious admissions in higher education. Lauren Hicks of Ogletree Deakins’ Affirmative Action and OFCCP Compliance Practice Group and Jim Plunkett, Washington D.C. shareholder and author of our weekly Beltway Buzz newsletter, summarize the recent oral arguments and the implications the decisions might have on employers. Lauren and Jim discuss the federal contractor affirmative action obligations under Executive Order 11246 and how those obligations contrast with affirmative action in the educational context. The podcast concludes with discussion of how the decisions in the college admissions cases might impact employment practices in diversity and inclusion or federal contractor OFCCP compliance.
In this episode, Bud Bobber, who is a shareholder in Ogletree Deakins’ Milwaukee office and chair of the firm’s Manufacturing Industry Group, speaks to Sean Kelley, who is a nationally recognized thought leader in corporate military affairs, recruiting, and transition programs. Bud and Sean discuss the rationale for implementing an intentional strategy for recruiting, hiring, and employing veterans. The speakers also explain how veterans, as a diverse group, can be an important part of any company’s diversity, equity, and inclusion (DE&I) plan and how biases, conscious or otherwise, have often created impediments to having veterans in the workforce. This podcast also offers suggestions—in conjunction with our recent article, “Employing Veterans: Insights for Hiring Veterans and Supporting Veterans in the Workforce”— for employers to tap into this rich stream of new talent continually flowing into the workforce as service persons transition to civilian life.
In this episode of Dirty Steel-Toe Boots, host Phillip Russell interviews Mandy Kustra, the safety director of Ajax Paving. Mandy is a leader in advocating for women in the construction industry and in safety careers. She explains how she got into construction and safety and how mentoring, advocacy, and building a network of support has helped other women do the same. Mandy also discusses personal protective equipment (PPE) fit in the construction industry, OSHA’s forthcoming standard clarification, and the importance of internal traffic control plans (ITCPs) in the transportation construction industry.
As a growing number of state and local governments have passed laws legalizing marijuana use, employers have been faced with the need to balance competing needs and interests, including: recruitment and retention; compliance requirements, such as disability and medical marijuana accommodations; and the need to maintain a safe workplace. In this podcast, Mike Clarkson, co-chair of Ogletree Deakins’ Drug Testing Practice Group, offers valuable insights and tips for navigating the complex and evolving issues regarding marijuana in the workplace.
In this podcast, Diana Nehro and Patty Shapiro discuss best practices for employers hiring global employees through third-party providers such as an employer of record (EOR), a professional employer organization, and a staffing firm. The speakers cover topics, including contracting with such vendors, the importance of understanding local labor laws, and strategies to address equity compensation. Stay tuned for the next installment of this series where Diana and Patty address the audience’s most common questions in this growing area of interests for employers with a global workforce.
In this podcast, Scott Kelly, Morgan Epperson, and Chris Near of Ogletree Deakins’ Affirmative Action and OFCCP Compliance Practice Group discuss the increased attention the Office of Federal Contract Compliance Programs (OFCCP) has on the construction industry. After several years when OFCCP admittedly did not engage in significant construction enforcement work, prioritizing compliance audits of construction contractors has emerged as a top area of focus. The speakers discuss this change and share their insights on the compliance obligations where the agency has placed particular emphasis during their audits.
In this podcast, Lauren Hicks, Leigh Nason, and Scott Kelly discuss Directive 2022-01, which the Office of Federal Contract Compliance Programs (OFCCP) revised and renamed on August 18, 2022. The speakers cover how the new directive, which amends the agency’s guidance suggesting that federal contractors must perform annual pay equity audits to comply with affirmative action programming (AAP) regulatory requirements, walks back language regarding the documentation required to demonstrate compliance with compensation analysis obligations. The speakers also discuss how the revised guidance imposes new burdens for contractors and offer insights into the reasons fueling the agency’s changes regarding conducting compensation analyses and evaluations.
In this podcast, Joey Fong and Ceri Koski discuss the various changes that the U.S. Department of Homeland Security (DHS) has implemented since the pandemic, proposed rulemaking regarding the alternative verification options, and proposed I-9 form changes. The speakers discuss steps employers can take in anticipation of the October 31 expiration date of the temporary rule that had allowed employers to use remote or virtual verification of employment eligibility documents. They also cover the details on DHS’s proposed rule (which may still include a remote or virtual option), whether DHS will impose document retention requirements, and how alternative options might impact fraudulent document detection. Ceri and Joey also discuss the merits of the possible impending revisions to the I-9 form.
In this episode of Dirty Steel-Toe Boots, host Phillip Russell has a raw and real conversation with the president of Ajax Paving Industries, Inc., Vince Hafeli, regarding his own personal experience as a suicide survivor and his mission to help others see death by suicide as an urgent workplace safety and health issue. Vince dispels the myths about death by suicide and discusses how Ajax’s ownership and executive team have opened the discussion at all levels of the company to encourage those in crisis to get help and to educate all employees on how to spot warning signs. Phillip and Vince discuss how all employers, especially those in the construction industry, can increase their own awareness and take action in addition to relaying practical tips and resources.
In this episode of Dirty Steel Toe Boots, host Phillip Russell has an enlightening conversation with Lori Baggett an in-house corporate counsel with responsibility for legal issues related to workplace safety and health and Occupational Safety and Health Administration (OSHA). Lori discusses how her experience as a former outside counsel helps her add value to her role as vice president and assistant general counsel. She offers practical tips for in-house counsel who are responsible for OSHA matters, including for those who have limited experience in this area. Lori also shares some tips for in-house safety professionals on how to best work with their legal departments to improve safety and manage liability. Phillip and Lori have a candid and insightful discussion about diversity, equity, and inclusion in the legal profession.
In this podcast, Scott Kelly and Lauren Hicks of Ogletree Deakins’ Affirmative Action and OFCCP Compliance Practice Group discuss the Freedom of Information Act (FOIA) request that the Office of Federal Contract Compliance Programs (OFCCP) received seeking the disclosure of data from EEO-1 reports. The broad request asks for the agency to disclose Type 2 Consolidated information filed by federal contractors between 2016 through 2020. Scott and Lauren cover the scope of the request, published guidance from OFCCP, and considerations when evaluating whether to submit objections to the release of the information by the September 19, 2022, deadline.
In this podcast, Justin Grose, an attorney in Ogletree Deakins’ Oklahoma City office, sits down with Dallas shareholders Adam Dougherty and Sean Urich to share key takeaways from his recent jury trial victory. Justin secured a complete defense verdict on behalf of his client in a race and reverse gender discrimination case that involved allegations of sexual harassment and the full array of procedural considerations unique to employment litigation. The discussion takes listeners through the nuances of pre-trial litigation practice preparation, including preparing key witnesses, and offers insight into how to use that preparation to build an effective courtroom strategy and then implement that strategy at trial.
In this podcast, Andre Appel and Jacqueline Piran, attorneys in the Ogletree Deakins Berlin office, discuss significant amendments to German employment laws, which recently took effect on August 1, 2022. As a result of these changes, German law requires employers to provide employees with written documentation of the key terms and conditions of their employers that the employer prints and signs with wet ink signatures. Accordingly, German employers cannot fulfill these obligations with digital employment contracts. Jacqueline and Andre examine the new rules and the various measures employers may want to take to comply. (A German-language version of this podcast is available on the Ogletree Deakins podcast channel.)
In this podcast, Shareholder Kathy Dudley Helms—who represents a wide spectrum of employers, with a particular emphasis in the healthcare industry—and Of Counsel Val Butera—who focuses her practice on workplace safety and health matters—sit down with Jim McGrew, the firm’s Chief Client Services Officer to discuss the latest news, resources, and insights regarding monkeypox. The discussion includes tips for employers regarding their obligations—under the ADA, the FMLA, and OSHA’s workplace safety requirements—given the nature of monkeypox and its characteristics. The speakers also discuss issues that are on the forefront of employers’ minds as they consider policies regarding privacy, hygiene, travel, vaccine distribution, and protective gear.
In part two of this podcast series, Claudia Martorell and Christina Kelley continue their informative discussion of issues that affect noncitizens who want to travel abroad. The speakers discuss single versus dual intent status, circumstances that may qualify for emergency advance parole, and the impact of H-1B and L-1 status, PERM and I-140 petitions, and F-1 student status on ability to travel.
In part one of this two-part podcast series, Claudia Martorell and Christina Kelley discuss a host of issues that affect noncitizens who want to travel outside of the United States. The speakers address COVID-19–related concerns, including how COVID-19 restrictions impact obtaining visa stamps abroad, automatic visa revalidation, I-94 documents, and visa validity periods. Stay tuned for part two of this travel series, which will cover travel while an H-1B petition is pending, travel while in the green card process, emergency advance parole, and more.
In diesem Podcast stellen Ihnen Jacqueline Piran und Andre Appel aus dem Berliner Büro von Ogletree Deakins wichtige arbeitsrechtliche Neuregelungen zum 1. August 2022 vor. U.a. wurde das Nachweisgesetz gravierend verschärft und der Katalog der vom Arbeitgeber zu dokumentierenden Arbeitsbedingungen erheblich erweitert. Sämtliche Informationen müssen zwingend in Schriftform an die Beschäftigten ausgehändigt werden; digitale Arbeitsverträge allein sind hierfür nicht ausreichend. In dem Podcast wird auch besprochen, wie Arbeitgeber die neuen Vorgaben in der Praxis umsetzen können.
In diesem Podcast stellen Ihnen Andre Appel und Jacqueline Piran wichtige arbeitsrechtliche Neuregelungen zum 1. August 2022 vor. Im Zuge der Umsetzung der EU-Richtlinie 2019/1152 wurde u.a. das Nachweisgesetz gravierend verschärft. Der Katalog der vom Arbeitgeber zu dokumentierenden Arbeitsbedingungen wurde umfassend erweitert. Sämtliche Informationen müssen vom Arbeitgeber zwingend in Schriftform an die Beschäftigten ausgehändigt werden; digitale Arbeitsverträge allein sind hierfür nicht ausreichend. Verstöße gegen die Nachweispflichten können künftig mit Bußgeldern bis zu EUR 2.000 sanktioniert werden. Neue Arbeitgeberpflichten wurden darüber hinaus in das Arbeitnehmerüberlassungsgesetz und das Teilzeit- und Befristungsgesetz aufgenommen. In dem Podcast wird auch besprochen, wie Arbeitgeber die neuen Vorgaben in der Praxis umsetzen können.
In this podcast, Amanda Mullane and Jennifer Cofer discuss the forward movement in the U.S. Department of State’s Visa Bulletin and the challenges for foreign nationals seeking to extend their H1-B status. The speakers review the scenarios where this issue tends to arise and examine its impact on the green card process for new hires and existing foreign national employees.
In this podcast, James Paul and Michael Eckard discuss recent developments with regard to religious accommodations in the workplace, and how employees use these accommodations as both swords and shields in the workplace. Our speakers discuss recent litigation regarding religious accommodation requests—both those related to COVID-19 and those that are unrelated to the pandemic. James and Michael also delve deep into the recent disparate treatment Third Circuit Court of Appeals case (brought by an employee who asked to not be scheduled on Sundays), which provided insights on what constitutes an undue hardship.
In this podcast, Scott Kelly, co-chair of Ogletree Deakins’ Affirmative Action and OFCCP Compliance Practice Group, sits down with Hera Arsen, the firm’s director of content at Workplace Strategies, Ogletree Deakins’ national labor and employment law seminar for human resources professionals and in-house counsel, to discuss recent directives and regulatory initiatives from the Office of Federal Contract Compliance Programs (OFCCP). Scott examines the practical and legal implications of the changes in OFCCP’s position on covered contractors’ affirmative action plan obligations and the agency’s approach toward compliance reviews, sharing strategic considerations for contractors addressing these heightened demands. He also addresses the increased interagency coordination between OFCCP and the U.S. Equal Employment Opportunity Commission, providing insight into the potential compliance challenges that might come next for contractors.
In this podcast, recorded live from Workplace Strategies, Ogletree Deakins’ annual labor and employment law seminar for human resources professionals and in-house counsel, Phillip Russell and Karen Tynan discuss the Occupational Safety and Health Administration (OSHA)’s plans to develop a new heat illness standard. Phillip, who is the host of our Dirty Steel-Toe Boots podcast series, and Karen share their insights on what OSHA might include in the forthcoming heat exposure standard and examine the provisions of OSHA’s new national emphasis program (NEP) targeting industries where heat-related hazards may exist, highlighting strategies for reducing occupational heat-related injury and illness.
In this podcast, recorded live at Workplace Strategies 2022, Ogletree Deakins’ national labor and employment law seminar for human resources professionals and in-house counsel, Los Angeles shareholder Betsy Johnson talks with Hera Arsen, the firm’s director of content, about the ins and outs of conducting personnel audits in California. Betsy shares strategies for conducting these understandably daunting audits and covers considerations unique to the most common form of audits—wage and hour—as well as highlighting common problems and pitfalls to avoid during the process.
Recorded live at Workplace Strategies, Ogletree Deakins’ national labor and employment law seminar for human resources professionals and in-house counsel, this podcast features a discussion with William Grob and Hera Arsen, Ph.D., about employee mental health as a key topic of workplace communications. Starting with a look into the social dynamics and complex considerations that have changed company cultures and employee perceptions, as well as expectations, about mental health in recent years, Bill examines the lingering toll of the COVID-19 pandemic on employee well-being and offers pragmatic tips on how to recognize and respond to employees who are experiencing mental health difficulties.
In this podcast, recorded live from Workplace Strategies 2022, Ogletree Deakins’ national labor and employment law seminar for human resources professionals and in-house counsel, Los Angeles shareholder Betsy Johnson speaks with Hera Arsen, the firm’s director of content, about employee privacy rights under California law and the unique compliance challenges employers face as access to employee personal information increases with technological advancements. The speakers explore the tension between employers’ rights and obligations to safeguard their workplaces and the various invasion-of-privacy risks inherent in following employees on social media, handling medical records and personnel files, conducting background checks of job applicants, monitoring employee internet usage, and implementing drug-testing procedures. Betsy also discusses compliance steps that employers may want to consider taking to set employee expectations of workplace privacy.
In this podcast, recorded live from Ogletree Deakins’ 2022 Workplace Strategies seminar, Leigh Nason and Lauren Hicks discuss certain initiatives launched by the Office of Federal Contract Compliance Programs (OFCCP) that impose new burdens on federal government contractors and subcontractors to meet their Affirmative Action Program (AAP) obligations. Specifically, Leigh and Lauren examine the nuances of the new Contractor Portal certification process and OFCCP’s directive on pay equity audits, and share key takeaways as to compliance requirements.
In this podcast interview recorded live from Workplace Strategies, Ogletree Deakins’ annual labor and employment law seminar for human resources professionals and in-house counsel, Jocelyn Samuels, vice chair of the U.S. Equal Employment Opportunity Commission (EEOC), shares valuable insights on the agency’s current agenda and enforcement priorities, including the EEOC’s artificial intelligence fairness initiative, and offers guidance on the steps employers can take to remain compliant now and in the future. This insider interview with Vice Chair Samuels covers the evolution of the commission’s guidance on COVID-19–related issues and recent updates on key topics, including religious accommodations and caregiver discrimination.
In this podcast, Kara Lancaster and Derek Maka discuss recent updates U.S. Citizenship and Immigration Services (USCIS) has made to its policy on work authorization for H-4, L-2, and E dependent spouses. The speakers explain the differences within USCIS’s new guidance, the filing strategies employers may see H-4, L-2, and E dependent spouses use to benefit from these changes, as well as the I-9 implications for employers.
In this episode of In The Breakroom With Bill, host Bill Grob is joined by Dee Anna Hays to discuss Florida’s House Bill 7, which, among other things, would prohibit employers from requiring that employees complete training or instruction “that espouses, promotes, advances, inculcates, or compels such individual to believe” specific claims constitute discrimination. Our speakers explain the details of the bill, in addition to the open questions presented by the statute, and how Florida employers might need to alter their training programs to bring them into compliance with the proposed law.
The registration window for the fiscal year (FY) 2023 H-1B cap lottery closed on March 18, 2022, and U.S. Citizenship and Immigration Services is expected to notify registrants of the selection results by M arch 31, 2022. With demand expected to exceed the number of H-1B visas available, what options remain for foreign national employees who are not selected in the lottery? In this podcast, Katherine MacIlwaine and Katie Desmond address this question and explain the requirements for qualifying for other types of employment-based visas.
When should employers be liable for the hostile work environment created by supervisors’ sexually harassing conduct? This episode examines the legal saga that untangled this question and the United States Supreme Court’s extraordinary decision to create the two-part Faragher-Ellerth affirmative defense.
When the Occupational Safety and Health Administration (OSHA) conducts an inspection, issues a citation, and seeks enforcement of a contested citation, it has its own attorneys. The U.S. Department of Labor’s Office of the Solicitor represents OSHA and provides the agency legal opinions and advice concerning all of its activities. In this episode of Dirty Steel-Toe Boots, host Phillip Russell is joined by former Solicitor and current Ogletree Deakins attorney, Jaslyn Johnson, to discuss the role of the Solicitor’s Office and what employers should understand about how OSHA works with its attorneys during inspections and enforcement actions.
In this edition of our Third Thursdays podcast series, Ruthie Goodboe is joined by Elizabeth Soveranez and Bethany Wagner to discuss the evolving legal landscape in the debate over the status of college athletes as students or employees. The speakers focus on challenges to the present model of collegiate athletics from both labor and employment perspectives and discuss National Labor Relations Board General Counsel Jennifer Abruzzo’s memorandum expressing her position that certain student-athletes are employees under the National Labor Relations Act.
In this podcast, Sarah Platt and Kelly Cardin discuss the latest legal trend in pay equity and pay transparency initiatives in the United States: city and state laws requiring employers to proactively disclose pay scale information. The speakers cover the rapid evolution of pay disclosure legislation and address key obligations for employers, with added focus on the pay disclosure requirements of laws in Colorado, Connecticut, and New York City. The speakers highlight the challenges employers face when complying with these laws and offer considerations for employers navigating the laws’ impacts on recruiting, hiring practices, and internal employee relations.
In this podcast, Rebecca Lindell and Abbey Wallach discuss Colorado employers’ paid sick leave obligations and related requirements under the Healthy Families and Workplaces Act (HFWA), which has wide-ranging implications for Colorado employers of all sizes. The speakers focus on the public health emergency (PHE) leave portion of the HFWA, addressing the qualifying events that trigger employers’ ongoing obligation to provide paid sick leave, employees’ permitted uses of PHE leave, and the factors affecting employees’ entitlement to and allotment of such leave. The speakers also present a series of hypotheticals crafted in part from guidance issued by the Colorado Department of Labor and Employment addressing the interplay between PHE leave and accrued paid sick leave required under the HFWA.
In this podcast, Stephen Riga and Andre Appel discuss cybersecurity in the remote workplace, including what information remote employees handle, how to protect electronic information, and both employers’ and employees’ legal obligations to protect sensitive information from data breaches and cyberattacks. The speakers discuss common threats to digital information that employees face when they work remotely.
In this episode of Dirty Steel-Toe Boots, host Phillip Russell is joined by Eric Hobbs, the chair of Ogletree Deakins’ Workplace Safety and Health Practice Group. Phillip and Eric take a first look at the Supreme Court’s decision staying the U.S. Occupational Safety and Health Administration’s (OSHA) enforcement of the Emergency Temporary Standard (ETS) until the Sixth Circuit Court of Appeals (and, ultimately, the Supreme Court) has an opportunity to weigh in on the merits. Phillip and Eric explore the implications of the Court’s stay on future court decisions, OSHA’s potential actions with regard to the ETS and the National Emphasis Program (NEP), and employer’s next steps in light of these judicial and agency actions.
In this episode of our Global Solutions series, Chris Andersen and Andre Appel address laws regarding remote work in Europe, South Africa, and the United Arab Emirates that were implemented as a result of the COVID-19 pandemic. The speakers focus on four issues that might arise in workplaces that have implemented remote work arrangements: (1) how employers and employees agree on teleworking arrangements; (2) whether employers must pay to implement a remote work arrangement, including payment for the necessary equipment to facilitate work from home; (3) employers’ workplace safety obligations with regard to employees who work from home; and (4) employee morale issues that might result from teleworking arrangements.
In this episode of our Oregon Employment Law podcast series, Paul Cirner and Florence Mao discuss several Oregon employment laws that are relevant to remote workforces. The speakers cover antidiscrimination provisions under the Oregon Workplace Fairness Act, leave laws under the Oregon Family Leave Act and Oregon Military Family Leave Act, sick leave entitlements, lactation and pregnancy accommodation requirements, meal and rest break obligations, and more.
In this episode of our Global Solutions series, Mami Kato and Skye Hao provide an overview of the latest trends and requirements related to remote-work arrangements in the Asia-Pacific (APAC) region, with a particular focus on China, Japan, Korea, and Taiwan. The speakers address issues involving employee time tracking and compensation, workplace safety, antidiscrimination protections based on employee status, work rules and employment policies, and other emergent considerations for employers. Ogletree Deakins’ Global Solutions podcast series includes additional country-specific flash briefings, full episodes on relevant topics for multinational employers, recap episodes, and companion materials.
In this episode of our Oregon Employment Law podcast series, Paul Cirner and Florence Mao discuss the employment law implications of school closures and quarantine orders related to COVID-19 exposure. The speakers detail the relevant requirements under federal laws and the Oregon Family Leave Act (OFLA) in addition to explaining issues regarding verification of caregivers’ need for leave, the amount of leave required under leave laws, and the interplay between federal and state law.
In this episode of In the Breakroom, Bill Grob is joined by Phillip Russell and Dee Anna Hays to discuss Florida’s new law prohibiting employers from mandating employee vaccinations. The new measure, which went into effect immediately after Governor Ron DeSantis signed the law on November 18, 2021, prohibits employers from implementing a COVID-19 vaccination mandate for employees without providing at least five individual exemptions. Our speakers discuss the details of the new law and the five exemptions and address compliance questions and challenges on the horizon for Florida employers.
In this episode of Dirty Steel-Toe Boots, host Phillip Russell is joined by Dee Anna Hays for a first look at the new Florida law that prohibits private employers from mandating COVID-19 vaccinations for employees unless they qualify for one of five exemptions (medical, religious, prior infection immunity, regular testing, and personal protective equipment (PPE) usage). The law is effective immediately and impacts private employers that mandate vaccinations for their employees. Phillip and Dee Anna also discuss possible conflicts with and preemption of the new state statute with federal vaccine mandates in Executive Order 14042 (which applies to federal contractor employees) and by the Centers for Medicare and Medicaid Services (CMS).
In this episode of Dirty Steel Toe Boots, host Phillip Russell is joined by Eric Hobbs, the chair of Ogletree Deakins’ Workplace Safety and Health Practice Group for a first look at the emergency temporary standard (ETS) just released by the U.S. Occupational Safety and Health Administration (OSHA). The speakers discuss what an ETS is under the Occupational Safety and Health (OSH) Act, what it must contain, and legal arguments and procedures for how it may be challenged. Phillip and Eric also discuss various requirements for employers under the ETS including how it counts the 100+ employee minimum, how it excludes employees who work exclusively outside or remotely, and other key points.
Welcome to In the Breakroom, a podcast series on hot topics related to employment law. On November 4, 2021, the U.S. Occupational Safety and Health Administration (OSHA) issued its new emergency temporary standard (ETS), which imposes vaccine and COVID-19 testing requirements on employers with 100 or more employees. In this episode, Bill Grob and Phillip Russell address the main challenges employers will face as they strive to comply with the new ETS.
In this episode of our Global Solutions podcast series, Ethan Isaac and Eric Lee discuss recent guidance from the Philippines’ Fiscal Incentives Review Board (FIRB) that requires employers in the “Special Economic Zones” to have 10 percent of their employees working on-site in order to continue receiving corporate tax incentives. As the Delta variant causes COVID-19 cases to increase again and employees continue to work from home, the Phillipine Economic Zone Authority has appealed to the FIRB to maintain the previous status quo. Since the recording of this podcast the FIRB denied the appeal.
In this episode of our Global Solutions series, Pietro Straulino-Rodríguez, Carlos Colόn-Machargo, and Shir Fulga address laws regarding remote work in Canada, Mexico, and Latin American countries. The speakers discuss several topics associated with remote work, including workplace safety, employee privacy, the provision of equipment, and expense reimbursement for utilities (e.g., internet service). In addition, the speakers cover the various wage and hour issues involved in tracking employees’ hours, paying overtime compensation, and engaging employees only when they are scheduled to work. (Note: In the time between the recording of the podcast and its airing, the Ontario government introduced a new bill entitled Bill 27, Working for Workers Act, 2021, which, if passed, would mandate the implementation of “right to disconnect” provisions under the Employment Standards Act, 2000.)
In this episode of our Oregon Employment Law podcast series, Paul Cirner and Florence Mao discuss the requirements of federal and state statutes regarding religious and medical accommodations—including the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, and Oregon’s disability and antidiscrimination laws—and their relevance to COVID-19 vaccine mandates. The speakers also provide key considerations for employers responding to medical accommodation requests.
In the first episode of our new Oregon Employment Law podcast series, Paul Cirner and Florence Mao discuss recent changes to the Oregon Health Authority’s temporary rule mandating COVID-19 vaccinations for employees in healthcare settings. The rule now includes an updated effective date and documentation requirements for medical or religious exceptions. The speakers also address the interplay between the pending emergency temporary standard from the federal Occupational Safety and Health Administration and the Oregon Occupational Safety and Health Division.
In this episode of Dirty Steel-Toe Boots, a podcast for employers about OSHA enforcement, Mark Ligon, vice president of safety and risk management for the Vecellio Group, joins Phillip Russell to discuss how businesses can create and maintain cultures of corporate safety, as well as leverage employee and management engagement to achieve success.
On September 13, 2021, New York City began enforcing Executive Order No. 225 (“Key to NYC”), which requires individuals show proof of COVID-19 vaccination prior to entering certain indoor establishments. In this podcast, Kelly Cardin and Jessica Schild discuss the key requirements of the executive order, including exemptions and penalties. The speakers also address significant compliance considerations implicated by the New York City Human Rights Law.
In this episode of In the Breakroom, a podcast series on hot topics related to employment law, Bill Grob and Phillip Russell discuss President Joe Biden’s September 9, 2021, announcement of a strategy for combating the COVID-19 pandemic that calls on the Occupational Safety and Health Administration (OSHA) to develop and implement a new emergency temporary standard (ETS). The speakers discuss the features that employers might expect from the anticipated ETS, including a requirement that employers with 100 or more employees mandate full vaccination or weekly COVID-19 testing of their employees, as well as who will pay for weekly testing. The speakers also address the “grave danger” standard required for OSHA to issue an ETS.
Over the past few years, social and cultural movements have changed the nature and types of complaints that employers receive from employees. In this podcast, Monique Gougisha Doucette and Andre’ Caldwell discuss with Jim McGrew the evolution of complaints and the various tools that employers can implement to respond effectively to new allegations of discrimination, including with respect to internal investigations and organizational assessments.
In this episode of our Global Solutions series, Ethan Isaac and Andre Appel provide an overview of the laws regarding the implementation of mandatory vaccination policies in workplaces globally. Ogletree Deakins’ Global Solutions podcast series includes additional country-specific flash briefings, full episodes on relevant topics for multinational employers, recap episodes, and companion materials.
Welcome to In the Breakroom, a podcast series on hot topics related to employment law. On July 9, 2021, President Joe Biden issued the “Executive Order on Promoting Competition in the American Economy,” which, among other things, seeks to limit noncompete agreements. In this episode, Bill Grob and Caren Marlowe address changes to the use of restrictive covenants following the presidential action, including noncompete and nonsolicitation agreements. The speakers also discuss the federal Defend Trade Secrets Act and analogous state laws, including California’s and Florida’s respective uniform trade secrets acts.
In this episode of our California labor law podcast series, Maria Anastas and Daniel Adlong discuss the labor implications when employers implement mandatory vaccination policies for both union and non-union employees.
On August 12, 2021, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued Memorandum G.C. 21-04, which outlines a road map to tilt the balance in favor of organized labor and greatly expands NLRB scrutiny of a wide array of employer obligations, including the duty to recognize and bargain with unions and remedial issues. In this edition of our Third Thursdays podcast series, Ruthie Goodboe is joined by Fito Agraz and Brian Hayes to discuss the memorandum’s implications for employers.
Welcome to Dirty Steel-Toe Boots, a podcast for employers about OSHA enforcement. In this episode, Phillip Russell and Dee Anna Hays discuss the various reasons, including employee complaints and reportable events, for the Occupational Safety and Health Administration (OSHA) to come knocking on your door. The speakers address the likelihood of OSHA releasing COVID-19–related guidance on public indoor spaces and the agency’s renewed focus on heat stress.
Welcome to In the Breakroom, a podcast series on hot topics related to employment law. In this episode, Bill Grob and Tiffany Cox Stacy address key revelations from the August 3, 2021, investigative report regarding allegations of sexual harassment against New York Governor Andrew Cuomo. The speakers also discuss best practices for training and investigations of alleged harassment in the workplace.
Welcome to Dirty Steel-Toe Boots, a podcast for employers about OSHA enforcement. In this episode, Phillip Russell and Eric Hobbs discuss the structure of the Occupational Safety and Health Administration (OSHA) and the agency’s new leadership, including in Washington, D.C., and the regional and area offices. The speakers emphasize the importance of building relationships with OSHA leadership and area offices and address the impact of the Biden administration’s new enforcement priorities.
On September 1, 2021, the Firearm Carry Act of 2021 will go into effect, allowing Texans to carry handguns in public without government-issued permits or licenses. With the patchwork of laws across the United States regarding the need (or lack thereof) for permits to possess and carry handguns, employers are facing questions about employees carrying guns into the workplace. In this podcast, Collin Brodrick and Matt Gizzo discuss employer gun policies by contrasting Texas’s and New York’s respective firearms statutes.
On July 15, 2021, the California Supreme Court issued a significant decision in Ferra v. Loews Hollywood Hotel, LLC, on premium pay owed for missed meal and rest breaks. In this podcast, Charles Thompson, Mike Nader, and Bob Roginson address the implications of the court’s retroactive decision for California employers and provide practical tips to ensure compliance. The speakers also discuss a pending California Supreme Court case, Naranjo v. Spectrum Security Services, Inc., which deals with related wage and hour issues.
In this episode of the Breaking Down Benefits series, Jason Rothman discusses wellness plans, including key strategy and tax considerations. He also addresses the application of the Health Insurance Portability and Accountability Act of 1996, the Americans with Disabilities Act, and the Affordable Care Act to incentives in wellness plans.
In the inaugural edition of our Dirty Steel-Toe Boots podcast series, Phillip Russell explains what listeners can expect from this workplace safety and health podcast. The speaker also provides an update on developments at the Occupational Safety and Health Administration (OSHA) and four considerations for employers in light of OSHA’s increased enforcement efforts.
In this episode of our California labor law podcast series, Maria Anastas and Daniel Adlong discuss the impact of the National Labor Relations Board’s (NLRB) recent activity involving unions’ use of Scabby the Rat and the interplay with California’s Moscone Act. The speakers also address recent traditional labor trends in California.
In this podcast, Chris Olmsted is joined by special guest Dr. Suzanne Hoffman to discuss the impact of remote work and the COVID-19 pandemic on employees as they return to the office. The speakers identify potential signs of a decline in engagement and morale among employees and offer tips to ease the transition back to the on-site workplace. The speakers also address the role that employee assistance programs can play in the transition process.
In this episode of a podcast miniseries in partnership with NOTICED, Justin Tarka and Rebecca Emery discuss the recent push for ethnicity pay reporting in the United Kingdom. The speakers compare ethnicity pay reporting with gender pay gap reporting. The speakers also address the challenges of implementing ethnicity pay reporting and discuss the current status of government action on mandating ethnicity pay reporting.
In this follow-up to their podcast on nontraditional employees, Jana Baker and Jim Paul discuss the application of the Americans with Disabilities Act (ADA) to volunteers and student interns, including medical residents. The speakers also address the interplay between the educational institutions and placement sites.
In the June edition of our Third Thursdays podcast series, Ruthie Goodboe discusses Section 8(c) of the National Labor Relations Act (NLRA) in the context of a case recently decided by the U.S. District Court for the District of Columbia. The speaker explains the distinctions between permitted and prohibited employer communications.
In this podcast, Nonnie Shivers and Jessica Kuester discuss six common types of vaccination incentive programs. The speakers address the employment law concerns raised by the U.S. Equal Employment Opportunity Commission’s guidance of May 28, 2021, as well as issues arising under the Americans with Disabilities Act and Title VII of the Civil Rights Act of 1964. The speakers also explain the impact of the Employee Retirement Income Security Act of 1974 on each type of vaccine incentive program.
Over the last year, many employers have responded internally and externally to issues raised by an increasing number of social justice movements. In this podcast, Randle Pollard and Simone Francis address the concerns and considerations that may arise when employers engage in social justice conversations, including the possible implications for tax incentives and employee engagement.
In this episode of our TECHPLACETM Talk series, Danielle Ochs and Jenn Betts are joined by Colleen DeRosa, Stephen Riga, and Justin Tarka to address new guidance relating to employer use of artificial intelligence. In particular, the speakers discuss the Federal Trade Commission’s (FTC) recent guidance in the United States and the European Commission’s proposal for the Artificial Intelligence Act.
In the May edition of our Third Thursdays podcast series, Ruthie Goodboe and Ethan Picone discuss an employer’s duty to bargain with a union when seeking to implement a vaccination policy and corresponding requests for information. The speakers also address other considerations for employers relating to mandatory vaccination policies, including responding to employee refusals to be vaccinated.
The COVID-19 pandemic has caused an unprecedented increase in the use of alternative staffing for employees in healthcare settings. In this podcast, Jana Baker and Jim Paul address accommodation issues raised by the temporary staffing of nurses in healthcare settings. The speakers also explain the duties imposed by Title I of the Americans with Disabilities Act (ADA) on staffing agencies and healthcare facilities. In addition, the speakers cover best practices for engaging in the interactive process.
In this episode of our California labor law podcast series, Maria Anastas and Daniel Adlong are joined by Karen Tynan to discuss the impact of the proposed revisions to Cal/OSHA’s COVID-19 Prevention Emergency Temporary Standards on traditional labor. The speakers address distinctions between vaccinated and unvaccinated employees, potential bargaining obligations, and privacy concerns arising from employee data.
In this Global Solutions flash briefing, Carlos Colón-Machargo discusses Argentina’s recent joint resolution allowing employers to require certain vaccinated employees to return to the workplace. Ogletree Deakins’ Global Solutions podcast series includes additional country-specific flash briefings, full episodes on relevant topics for multinational employers, recap episodes, and companion materials.
In this podcast, Mike Clarkson discusses claims arising from employee disputes regarding positive drug test results. He also addresses employer considerations related to employees’ use of cannabidiol (CBD) products and prescription drugs, including potential disability accommodation issues and the range of employee protection provisions contained in marijuana legalization laws.
In this episode of our Workplace Safety in California podcast series, Kevin Bland and Karen Tynan discuss recent Occupational Safety and Health Appeals Board decisions and enforcement trends. The speakers also address Cal/OSHA’s continued prioritization of COVID-19-related regulations.
In this episode of our California labor law podcast series, Maria Anastas and Daniel Adlong discuss recent union organizing by professional employees. The speakers also review a recent memorandum from the National Labor Relations Board’s (NLRB) acting general counsel and assess its impact on what activity the NLRB will consider inherently concerted.
In this podcast, Kelly Cardin and Jessica Schild discuss the requirements of the recently enacted state law requiring New York employers to provide paid time off to employees receiving the COVID-19 vaccine. The speakers address frequently asked questions and key considerations about the new law.
On April 6, 2021, President Joe Biden moved up his deadline for all American adults to be eligible for the COVID-19 vaccine to April 19, 2021. In this podcast, Jim Paul, Jimmy Robinson, and Bret Daniel discuss key considerations for employer policies that mandate vaccines for workers, including federal agency guidance and state executive action and legislation. The speakers address employer inquiries into an employee’s vaccination status as well as the implementation of vaccine incentive programs and prospective vaccination waivers.
In this episode of our Workplace Safety in California podcast series, Kevin Bland and Karen Tynan discuss Cal/OSHA inspectors’ interviews of employees, including the rights of employees, the agency, and counsel. The speakers also address tactics, strategies, and best practices for employers to consider in preparing for employee interviews.
In this podcast, Charles Thompson, Patty Matias, and Christian Keeney discuss vaccination policies for temporary employees in California. The speakers address the unique challenges for staffing agencies and employers with temporary workers regarding mandatory vaccinations and vaccine incentive programs.
In this crossover episode of our Global Solutions podcast series and our newly-launched DE&I@Work series, Bonnie Puckett and Justin Tarka provide an overview of the use of diversity surveys as part of an employer’s diversity and inclusion program. The speakers address data privacy implications and discuss best practices for data collection. Ogletree Deakins’ Global Solutions podcast series includes country-specific flash briefings, full episodes on relevant topics for multinational employers, recap episodes, and companion materials. Ogletree Deakins’ DE&I@Work series focuses on diversity, equity, and inclusion efforts, including roundtables with diversity and inclusion stakeholders. A companion article and other relevant content are forthcoming.
In this podcast, Jason Rothman discusses the plan documents and summary plan descriptions of retirement and health plans subject to the Employee Retirement Income Security Act (ERISA).
In this episode of our TECHPLACETM Talk series, Danielle Ochs, Jenn Betts, Stephen Riga, and Justin Tarka discuss artificial intelligence (AI), biometrics, robotics, and other emerging technologies, and the compliance issues that arise from their use, including privacy concerns.
On January 13, 2021, the Secure and Fair Elections for Workers Act (SAFE Workers Act) was introduced in the U.S. House of Representatives. In the March edition of our Third Thursdays series, Ruthie Goodboe discusses the proposed legislation and the current state of mail- and manual-ballot representation elections.
Is a person who wears glasses considered disabled under the Americans with Disabilities Act (ADA)? The answer to this question would perplex the courts for years and lead to a legendary showdown between Congress and the Supreme Court of the United States. When the dust settled, disability law would be changed forever.
On February 15, 2021, the Pregnant Workers Fairness Act (H.R. 1065) was reintroduced in the U.S. House of Representatives. Charles Thompson and Lisa Burton discuss the protections in the proposed legislation. The speakers also address employers’ current obligations with regard to pregnant workers under the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the Pregnancy Discrimination Act (PDA), and state-specific statutes.
In the final episode of our three-part podcast series on Cal/OSHA’s COVID-19 emergency temporary standards (ETS), Karen Tynan and Kevin Bland discuss the term “outbreak” as it is defined in the standards, employers’ reporting obligations, and testing requirements. They also provide some predictions and insights on what ETS amendments may be forthcoming.
On February 25, 2021, the Supreme Court of California addressed meal break periods in its opinion in Donohue v. AMN Services, LLC. In this podcast, Charles Thompson and Doug Farmer discuss the three holdings of the opinion and address the ruling’s practical implications for employers.
In the second episode of our three-part podcast series on Cal/OSHA’s COVID-19 emergency temporary standards , Karen Tynan and Kevin Bland discuss the hierarchy of controls, which may include workplace modifications such as solid partitions, air quality improvements, and the use of personal protective equipment. The speakers also address reporting positive cases, excluding employees from the workplace, and returning employees following exclusion.
In this episode of our California labor law podcast series, Maria Anastas and Daniel Adlong each discuss their top three predictions regarding organized labor in California in 2021.
In the first episode of our three-part podcast series on Cal/OSHA’s COVID-19 emergency temporary standards (ETS), Karen Tynan and Kevin Bland provide background on the ETS. In addition, the speakers discuss the key elements and implementation of the standards, including the written COVID-19 Prevention Program, recordkeeping, COVID-19 exposure protocols, and notices.
In this episode of our Global Solutions podcast series, Andre Appel and Jaslyn Johnson provide an overview of the use of COVID-19 surveillance testing globally. The speakers also address the types of COVID-19 testing and data protection concerns arising under the General Data Protection Regulation. Ogletree Deakins’ Global Solutions podcast series includes country-specific flash briefings, full episodes on relevant topics for multinational employers, recap episodes, and companion materials.
In this Global Solutions flash briefing, Skye Hao discusses two recent landmark sexual harassment cases in China and the enactment of China’s civil code, which took effect on January 1, 2021. Ogletree Deakins’ Global Solutions podcast series includes more country-specific flash briefings, full episodes on relevant topics for multinational employers, recap episodes, and companion materials.
In this Global Solution flash briefing, Jean Kim discusses two key employment law updates impacting employers in South Korea. Ogletree Deakins’ Global Solutions podcast series includes more country-specific flash briefings, full episodes on relevant topics for multinational employers, recap episodes, and companion materials.
In this episode of our California labor law podcast series, Maria Anastas, Daniel Adlong, and Sean Kramer review the rights of labor unions in California to access private property during labor disputes. The speakers discuss the burdens associated with obtaining an injunction during a labor dispute, in addition to California’s Moscone Act and relevant case law.
In this Global Solutions flash briefing, Mami Kato discusses the Government of Japan’s response to evidence that new strains of COVID-19 have emerged and an increase in positive cases generally. In addition, she addresses the recently extended state of emergency, entry restrictions, vaccination rollout, and the impending Summer Olympic Games. Ogletree Deakins’ Global Solutions podcast series includes country-specific flash briefings, full podcast episodes on relevant topics for multinational employers, recap episodes, and companion materials.
With the enactment of New York City’s new employment laws for the fast-food industry, fast-food employers may soon face significant new requirements effective July 4, 2021. The speakers discuss the “just cause” standard and how it limits at-will employment in the New York City fast-food industry. They also address progressive discipline policies, penalties for noncompliance, and other key considerations for fast-food employers operating in New York City.
In this episode of our Global Solutions podcast series, Justin Tarka and Stephen Riga discuss the data privacy concerns related to vaccination policies. The speakers address wellness programs and other employer involvement in employee healthcare, including key considerations for collecting employee health information and implementing vaccination programs.
In the January edition of our Third Thursdays series, Ruthie Goodboe and Tom Davis examine the impact on labor issues of the newly inaugurated president and the Democratic-controlled 117th United States Congress. The speakers address the National Labor Relations Board’s (NLRB) vacancies, case decisions, and pending regulations. They also address the NLRB’s possible agenda and the Biden administration’s potential legislative priorities, including the reintroduction of the Protecting the Right to Organize (PRO) Act of 2019.
In this recap episode of our Global Solutions podcast series, Ethan Isaac and Bonnie Puckett reflect on episodes and developments from 2020, including mobile applications relating to COVID-19, remote working, and global mobility. They also discuss the top five areas of interest for employers in 2021.
In this episode of our Global Solutions podcast series, Rebecca Emery and Katie Krouse discuss the distribution of the COVID-19 vaccine in the United States and across Europe. The speakers address key considerations for employers, including vaccination policies, responding to employee concerns regarding the COVID-19 vaccine, and access to employee health information.
In the December edition of our Third Thursdays series, special guests Tom Davis, Tim Kamin, and Elizabeth Soveranez discusses recent trends and predictions for organized labor in 2021. The speakers address the impact of the 2020 elections, appointments by the Biden administration, and the Protecting the Right to Organize Act of 2019.
In this episode of our Global Solutions podcast series, Stephen Shore and Michael Comartin discuss factors that Canadian employers may need to consider as distribution of the COVID-19 vaccine nears fruition. The speakers will address the pros and cons of employer policies mandating vaccinations and considerations related to implementation of mandatory and voluntary policies.
In this episode of our Global Solutions podcast series, Curtis Chow and Ethan Isaac address the impact of COVID-19-related restrictions on holiday travel. The speakers discuss considerations for employers, including country-specific entry restrictions, work visas, and how to protect the workplace following travel by employees.
In this episode of our Global Solutions podcast series, Enrique Del Cueto-Pérez discusses reporting requirements for confirmed and suspected positive cases of COVID-19 for employers with employees in Puerto Rico.
In this episode of our Global Solutions podcast series, Rebecca Marks and Jean Kim discuss whether employers can host workplace holiday parties during the COVID-19 pandemic and the gathering restrictions in a number of jurisdictions. The speakers also provide alternatives to in-person gatherings to aid employers in maintaining employee morale.
In the November edition of our Third Thursdays series, special guest Tom Davis discusses about the National Labor Relations Board’s (NLRB) election procedures during the COVID-19 pandemic. Mr. Davis reviews the new guidelines from the November 9, 2020, NLRB’s decision regarding the use of manual- and mail-ballot elections.
In this podcast, Danielle Ochs, Jenn Betts, Bud Bobber, and Simon McMenemy discuss the global shift to remote work as a result of the COVID-19 pandemic. The speakers explain recent strategies regarding telework, including digital collaboration tools, robotics and automation, cybersecurity advances, data collection and privacy, and technological solutions that facilitate remote productivity, among other recent trends.
In this episode of our Global Solutions podcast series, Jaslyn Johnson and Rebecca Emery discuss what constitutes a COVID-19 workplace outbreak or cluster in various jurisdictions. The speakers also cover the different requirements placed on employers that are faced with an outbreak, including mandatory disinfection procedures, the use of contact tracing apps, business closures, protocols for sending employees home and returning them to work after a quarantine, and seeking health information from employees.
In this episode of our California labor law podcast series, Maria Anastas and Sean Kramer discuss the rights of employees to refuse to work and how those rights have been exercised during the COVID-19 pandemic. The speakers also address how the National Labor Relations Board evaluates what constitutes protected activity.
In the third episode of our three-part podcast series on Cal/OSHA litigation, Karen Tynan and Kevin Bland discuss violations of due process such as whether Cal/OSHA workplace safety citations and notices of penalty give clear notice and provide employers with the ability to prepare a defense. In addition, the speakers discuss whether workers may be independent contractors and the ins and outs of employee misclassifications under California’s new ABC test.
In this podcast, Charles Thompson and Betsy Johnson discuss the California Fair Chance Act and the new regulations and guidance that the California Fair Employment and Housing Council and Department of Fair Employment and Housing have issued about the law. The speakers explain the state law’s prohibitions on what employers can ask applicants regarding their criminal histories in addition to covering local ban-the-box ordinances.
In the second episode of our three-part podcast series on Cal/OSHA litigation, Karen Tynan and Kevin Bland discuss Cal/OSHA’s jurisdiction versus the jurisdiction of the federal Occupational Safety and Health Administration (OSHA). In addition, the speakers discuss the various classifications of workplace safety citations, including classification and characterization appeals.
In this episode of the Global Solutions podcast series, Mauricio Romero discusses Mexico’s laws regarding outsourcing and subcontracting work. The speaker also explains mandatory internal work regulations in Mexico.
Listen to additional Global Solutions podcasts. Ogletree Deakins Coronavirus (COVID-19) Resource Center – Global
In the first episode of our three-part podcast series on Cal/OSHA litigation, Karen Tynan and Kevin Bland discuss the burden of proof in litigation over a Cal/OSHA citation, late-filed appeals, late petitions for reconsideration, and reporting requirements for serious injuries. The speakers also address affirmative defenses regarding the length of time to issue citations.
In this podcast, Ashley Cuttino and Bindu Gross discuss the wide scope of the National Labor Relations Act (NLRA) on both unionized and nonunionized workforces. The speakers also explain recent tactics unions have used to promote organizing during the COVID-19 pandemic.
In this episode of the Global Solutions podcast series, Rebecca Marks and Andre Appel provide a high-level roundup of mask mandates in various countries around the world. The speakers explain how these mandates impact employers and the new enforcement requirements for their workplaces.
Listen to additional Global Solutions podcasts. Working During the Pandemic—Current Occupational Safety Regulations in Germany COVID-19: FAQs for Employers Doing Business in Germany Cal/OSHA Recommends Emergency COVID-19 Regulation With PPE and Training Provisions San Francisco Issues Order Requiring Face Coverings in Public and in Workplaces California Issues Employer COVID-19 Playbook Guidance for Enforcing Mask Requirements California Issues Statewide Guidance for Mandatory Cloth Face Coverings Ogletree Deakins Coronavirus (COVID-19) Resource Center – Global
In this podcast, Andre’ Caldwell and Diana Nehro discuss lessons learned about conducting remote workplace investigations during the COVID-19 pandemic. The speakers explain the benefits of flexibility, how company culture matters to investigation results, the advantages of planning ahead, and mastering technological devices that facilitate remote investigations.
In the October edition of our Third Thursdays series, Ruthie Goodboe discusses whether a particular employee is a statutory supervisor, which is important for union voting and unfair labor practice charges. The speaker explains how a recent case regarding a union election and a challenged ballot brings this issue to light.
In this episode of the Global Solutions podcast series, Bonnie Puckett and Dan Dauplaise discuss variations in international laws on at-will employment, severance, terminations for cause, and terminations of employment agreements. The speakers explain COVID-19-related dismissals and the various ways they can be challenged through litigation across the globe.
Listen to additional Global Solutions podcasts. Ogletree Deakins Coronavirus (COVID-19) Resource Center – Global
In this episode of the Global Solutions series, Alexis Borestel and Mami Kato discuss internal work rules, and how employers may wish to modify them in response to the global COVID-19 pandemic. The speakers explain internal regulations and work rules in effect in a number of European countries, as well as in Japan, South Korea, Peru, China, and other nations.
Listen to additional Global Solutions podcasts Ogletree Deakins Coronavirus (COVID-19) Resource Center – Global
In this episode of our new series on labor issues in California, Maria Anastas, Daniel Adlong, and Sean Kramer discuss what organized labor in California is doing about COVID-19, in terms of legislation and union information requests during the pandemic. The speakers specifically discuss Assembly Bill (AB) 685, which now requires employers to take action when they receive notice of potential COVID-19 exposure and ensure that contact tracing protocols are in place.
In this podcast, Charles Thompson, Christian Keeney, and Patty Matias discuss the unique challenges that staffing agencies are dealing with during the COVID-19 pandemic. The speakers specifically address issues related to screening applicants for symptoms and exposure, the compensability of screening time, managing applications and onboarding remotely, and layoffs and notices required under the Worker Adjustment and Retraining Notification (WARN) Act.
In this episode of the Global Solutions series, Jean Kim and Mike Mahoney discuss the tax implications that emerge when expatriates work remotely outside of the United States both during and before the COVID-19 pandemic. The speakers discuss income tax, social tax, and administrative issues employers may face when their employees travel and work internationally.
- Global Remote Worker Checklist
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- Ogletree Deakins Coronavirus (COVID-19) Resource Center – Global
In this episode of the Global Solutions series, Justin Tarka and Ryan Martin discuss a variety of government programs and subsidies in Singapore, Brazil, Canada, the United Kingdom, Germany, and across Europe to maintain workforces during the strain of the COVID-19 pandemic. The speakers also discuss new legislation regarding reductions in force and redundancies, wage support initiatives, and increased unemployment benefits.
- Economic Subsidy Programs Companion Chart
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- Ogletree Deakins Coronavirus (COVID-19) Resource Center – Global
In this podcast, Lisa Bowman and Charles Thompson discuss strategies for conducting workplace investigations in the COVID-19 era in addition to the advantages and disadvantages of video conferencing as opposed to in-person meetings. The speakers address handling technological issues, addressing interviewees’ privacy concerns, tips for screen sharing, developing rapport with witnesses, and judging the credibility of interviewees.
In this recap edition of our Global Solutions series, Ethan Isaac, Bonnie Puckett, and Carson Burnham look back on the last six episodes and reflect on trends in remote work arrangements in Europe and across the globe, Chinese privacy laws, the new Chinese sexual harassment law, and other topics that have emerged across the globe during the COVID-19 pandemic.
- COVID-19 Travel Restrictions Worldwide
- Global Remote Worker Checklist
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- Ogletree Deakins Coronavirus (COVID-19) Resource Center – Global
In this podcast, Danielle Ochs, Jenn Betts, and John Merrell address employer regulation of digital speech and how organizations can be aware of and protect against reputational damage caused by employees both on- an off-duty. The speakers discuss employee commentary (on social media platforms and elsewhere) about social issues, political issues, and protected statuses and groups, including the Black Lives Matter movement and the 2020 elections.