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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. 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).
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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, Kevin Bland (shareholder, Orange County) sits down with Karen Tynan (shareholder, Sacramento), who is chair of the firm’s Workplace Safety and Health Practice Group, to 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 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.
Part two of our two-part series as part of our new Defensible Decisions podcast, Scott Kelly (shareholder, Birmingham) and Lauren Hicks (shareholder, 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.
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