Category Archives: Legal

Cross-Border Catch-Up: Setting Up Shop in a New Country, Part 1—Getting Started and Hiring



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 relationship 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 the 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.


California Pay Data Reporting: Key Updates to Prepare for May 8 Deadline



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.


Safety Perspectives From Region 6: OSHA’s New Walkaround Rule



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.


Hot Topics in U.S. Immigration: Alternatives for Employees Not Selected in the H-1B Visa Lottery



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.


California’s Workplace Violence Prevention Plan Requirements: Insights as the July 1 Deadline Approaches



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.


Safety Basics I: Employer Duties and Enforcement Standards Under the OSH Act



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.


California Workplace Safety: Lessons Learned From Heavy Equipment Accidents



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.


Safety Perspectives From Region 6: OSHA Inspections at Your Workplace, Part 2



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.


Cross Border Catch-Up: Digital Nomad Visa Trend in East Asia



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.


Cross-Border Catch-Up: Legislative Updates From Singapore



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.