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© 2018, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
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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.
Now that you’re a listener, here’s a little bit about us. Ogletree Deakins is an international labor and employment law firm representing management in every aspect of labor and employment-related legal matters. We represent employers of all sizes and across many industries, from small businesses to Fortune 50 companies. We provide coverage throughout the United States, and in Canada, Mexico, and Europe. You can learn more by visiting us at www.ogletree.com.
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).
Thank you!
We encourage you to subscribe and also rate and review if you find the podcast useful.
Now that you’re a listener, here’s a little bit about us. Ogletree Deakins is an international labor and employment law firm representing management in every aspect of labor and employment-related legal matters. We represent employers of all sizes and across many industries, from small businesses to Fortune 50 companies. We provide coverage throughout the United States, and in Canada, Mexico, and Europe. You can learn more by visiting us at www.ogletree.com.
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).
Thank you!
178 Episodes
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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 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.
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