Category Archives: Legal

Dirty Steel-Toe Boots: Inside the Beltway—Unpacking the DOL’s Shifting Leadership



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.


Early Dismissal of Applications by HRTO Critiqued by Ontario’s Divisional Court



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.


Litigation Lens: PIPs Under the Microscope—Adverse Action or Management Tool?



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.


Staying Compliant in New Jersey: Key Employment Law Updates



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.


Cal/OSHA Discovery: Tools, Tactics, and Practice Pointers



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.


Restraining Orders in the Workplace: A Proactive Approach to Employer Safety



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.


California’s Workplace Violence Prevention Law Turns Two, Part 5: Beyond Basic Compliance



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.


California’s Workplace Violence Prevention Law Turns Two, Part 4: Law Enforcement Agencies and POST-Compliance



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.


Cross-Border Catch-Up: OECD’s New Temporal Test for PE Increases Flexibility for Remote Workers



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.


Cross-Border Catch-Up: Building a Global HR Self-Audit Framework, Part 2



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.