Category Archives: Business

Breaking Down Cal/OSHA’s 2026 Walkaround Rule Proposal



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.


Litigation Lens: The Intersection of Disability Accommodation and Wage and Hour Compliance



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.


Defensible Decisions: Building a Defensible AI Framework—Inventory, Testing, and Monitoring, Part 2



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.


Payroll Brass Tax: Benefit Nondiscrimination Testing and What It Means for Your Forms W-2



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.


Cross-Border Catch-Up: Denmark’s Model for Parental Leave in Practice



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.


Defensible Decisions: Building a Defensible AI Framework—Inventory, Testing, and Monitoring, Part 1



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.


Litigation Lens: When Does Night Blindness Trigger ADA Protections? The 6th Circuit Weighs In



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.


Cross-Border Catch-Up: Unpacking India’s Labor Law Shake-Up



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.


Defensible Decisions: EEOC’s Pattern-or-Practice Priorities and What Employers Should Expect



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.


Defensible Decisions: Section 503 and VEVRAA Updated Thresholds Explained



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.