Claim OwnershipOgletree Deakins Podcasts
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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!
194 Episodes
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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 Leaves of Absence/Reasonable Accommodation Practice Group, discuss the intersection of the FMLA, ADA, and 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 identifying key internal players, checking for compliance gaps, and not taking 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 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.
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