Category Archives: Business

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.


Cross-Border Catch-Up: Unpacking Singapore’s Workplace Fairness (Dispute Resolution) Bill



In this episode of our Cross-Border Catch-Up podcast series, Goli Rahimi (Chicago) and Kate Thompson (New York, Boston) unpack Singapore’s new Workplace Fairness (Dispute Resolution) Bill to explain how the new grievance and dispute resolution process will work, and what procedural safeguards and employee protections will come into effect. The speakers outline timelines toward an anticipated 2027 effective date, highlight employer defenses, and offer practical steps global employers can take now to prepare for a culture of early resolution and legally robust fairness practices.


Safety Perspectives From the Dallas Region: Challenging OSHA’s Authority in the Fifth Circuit



In this episode of our Safety Perspectives From the Dallas Region podcast series, shareholders John Surma (Houston) and Frank Davis (Dallas) break down a new Amarillo federal lawsuit that challenges OSHA’s authority to issue safety standards as an unconstitutional delegation of legislative power. The speakers analyze how the case intersects with recent Supreme Court trends post-Loper Bright, discuss potential outcomes and risks for employers (including reliance on the General Duty Clause), and consider what this could mean for federal OSHA versus state-plan states and ongoing enforcement strategy.


Dirty Steel-Toe Boots: Developing and Implementing Effective OSHA Inspection Protocols



In this episode of Dirty Steel-Toe Boots, Phillip Russell (shareholder, Tampa) and Lance Witcher  (shareholder, St. Louis), discuss how to empower your workforce through developing, training on, and executing effective OSHA inspection protocols. From definitions of rights and responsibilities, to how to handle document requests and employee interviews, Lance and Phillip provide practical insights that will help prepare your safety and operational teams for any OSHA visit.