As a growing number of state and local governments have passed laws legalizing marijuana use, employers have been faced with the need to balance competing needs and interests, including: recruitment and retention; compliance requirements, such as disability and medical marijuana accommodations; and the need to maintain a safe workplace. In this podcast, Mike Clarkson, co-chair of Ogletree Deakins’ Drug Testing Practice Group, offers valuable insights and tips for navigating the complex and evolving issues regarding marijuana in the workplace.
Category Archives: Uncategorized
In this podcast, Diana Nehro and Patty Shapiro discuss best practices for employers hiring global employees through third-party providers such as an employer of record (EOR), a professional employer organization, and a staffing firm. The speakers cover topics, including contracting with such vendors, the importance of understanding local labor laws, and strategies to address equity compensation. Stay tuned for the next installment of this series where Diana and Patty address the audience’s most common questions in this growing area of interests for employers with a global workforce.
In this podcast, Scott Kelly, Morgan Epperson, and Chris Near of Ogletree Deakins’ Affirmative Action and OFCCP Compliance Practice Group discuss the increased attention the Office of Federal Contract Compliance Programs (OFCCP) has on the construction industry. After several years when OFCCP admittedly did not engage in significant construction enforcement work, prioritizing compliance audits of construction contractors has emerged as a top area of focus. The speakers discuss this change and share their insights on the compliance obligations where the agency has placed particular emphasis during their audits.
In this podcast, Lauren Hicks, Leigh Nason, and Scott Kelly discuss Directive 2022-01, which the Office of Federal Contract Compliance Programs (OFCCP) revised and renamed on August 18, 2022. The speakers cover how the new directive, which amends the agency’s guidance suggesting that federal contractors must perform annual pay equity audits to comply with affirmative action programming (AAP) regulatory requirements, walks back language regarding the documentation required to demonstrate compliance with compensation analysis obligations. The speakers also discuss how the revised guidance imposes new burdens for contractors and offer insights into the reasons fueling the agency’s changes regarding conducting compensation analyses and evaluations.
In this podcast, Joey Fong and Ceri Koski discuss the various changes that the U.S. Department of Homeland Security (DHS) has implemented since the pandemic, proposed rulemaking regarding the alternative verification options, and proposed I-9 form changes. The speakers discuss steps employers can take in anticipation of the October 31 expiration date of the temporary rule that had allowed employers to use remote or virtual verification of employment eligibility documents. They also cover the details on DHS’s proposed rule (which may still include a remote or virtual option), whether DHS will impose document retention requirements, and how alternative options might impact fraudulent document detection. Ceri and Joey also discuss the merits of the possible impending revisions to the I-9 form.
In this episode of Dirty Steel-Toe Boots, host Phillip Russell has a raw and real conversation with the president of Ajax Paving Industries, Inc., Vince Hafeli, regarding his own personal experience as a suicide survivor and his mission to help others see death by suicide as an urgent workplace safety and health issue. Vince dispels the myths about death by suicide and discusses how Ajax’s ownership and executive team have opened the discussion at all levels of the company to encourage those in crisis to get help and to educate all employees on how to spot warning signs. Phillip and Vince discuss how all employers, especially those in the construction industry, can increase their own awareness and take action in addition to relaying practical tips and resources.
In this episode of Dirty Steel-Toe Boots, host Phillip Russell has an enlightening conversation with Lori Baggett an in-house corporate counsel with responsibility for legal issues related to workplace safety and health and Occupational Safety and Health Administration (OSHA). Lori discusses how her experience as a former outside counsel helps her add value to her role as vice president and assistant general counsel. She offers practical tips for in-house counsel who are responsible for OSHA matters, including for those who have limited experience in this area. Lori also shares some tips for in-house safety professionals on how to best work with their legal departments to improve safety and manage liability. Phillip and Lori have a candid and insightful discussion about diversity, equity, and inclusion in the legal profession.
In this podcast, Scott Kelly and Lauren Hicks of Ogletree Deakins’ Affirmative Action and OFCCP Compliance Practice Group discuss the Freedom of Information Act (FOIA) request that the Office of Federal Contract Compliance Programs (OFCCP) received seeking the disclosure of data from EEO-1 reports. The broad request asks for the agency to disclose Type 2 Consolidated information filed by federal contractors between 2016 through 2020. Scott and Lauren cover the scope of the request, published guidance from OFCCP, and considerations when evaluating whether to submit objections to the release of the information by the September 19, 2022, deadline.
In this podcast, Justin Grose, an attorney in Ogletree Deakins’ Oklahoma City office, sits down with Dallas shareholders Adam Dougherty and Sean Urich to share key takeaways from his recent jury trial victory. Justin secured a complete defense verdict on behalf of his client in a race and reverse gender discrimination case that involved allegations of sexual harassment and the full array of procedural considerations unique to employment litigation. The discussion takes listeners through the nuances of pre-trial litigation practice preparation, including preparing key witnesses, and offers insight into how to use that preparation to build an effective courtroom strategy and then implement that strategy at trial.
In this podcast, Andre Appel and Jacqueline Piran, attorneys in the Ogletree Deakins Berlin office, discuss significant amendments to German employment laws, which recently took effect on August 1, 2022. As a result of these changes, German law requires employers to provide employees with written documentation of the key terms and conditions of their employers that the employer prints and signs with wet ink signatures. Accordingly, German employers cannot fulfill these obligations with digital employment contracts. Jacqueline and Andre examine the new rules and the various measures employers may want to take to comply. (A German-language version of this podcast is available on the Ogletree Deakins podcast channel.)