Category Archives: Business

Cross-Border Catch-Up: Argentina’s New Rules on Severance, Working Hours, and More



In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York/London) and Lina Fernandez (Boston) break down Argentina’s new labor modernization law, Law No. 27,802, which is generating significant debate among employers, unions, and social groups alike. The speakers cover the law’s sweeping reforms, including changes to severance calculations and caps, new rules on working hours and vacation flexibility, the classification of gig platform workers as independent providers, and the creation of employer-side labor assistance funds. The speakers review what these changes mean for multinational employers operating in Argentina and what to watch for as implementing regulations are issued in the coming months.


Cal/OSHA’s Serious Accident-Related Citations: A Practical Guide for Employers



In this podcast, Karen Tynan (Sacramento) and Kevin Bland (Orange County) discuss serious accident-related citations (SARs) under Cal/OSHA, explaining how these citations require a causal nexus between the alleged violation and a serious injury, and how they differ from standard serious violations. Kevin and Karen, who chairs the firm’s Workplace Safety and Health Practice Group, cover common scenarios involving lockout/tagout procedures, machine guarding, training deficiencies, and heat illness. They also discuss the elevated penalties associated with SARs and the increasing challenges of settling these cases after California’s 2025 audit of Cal/OSHA. The episode offers practical insights for employers on how to defend against SARs and highlights potential implications for workers’ compensation claims, civil litigation, and construction prequalification.


Mandatory First Contract Arbitration: How the Faster Labor Contracts Act Would Reshape Federal Labor Law



In this podcast, Jim Plunkett, shareholder and chair of Ogletree’s Government Affairs Practice Group, is joined by Ed Egee, Vice President for Government Relations and Workforce Development at the National Retail Federation, to discuss the Faster Labor Contracts Act, a piece of bipartisan legislation that recently passed the U.S. House of Representatives and would impose mandatory binding arbitration of first contracts on private-sector employers nationwide. The conversation covers how the FLCA would operate in practice, why its proponents argue it addresses bad-faith bargaining, and why opponents believe it undermines both employer flexibility and workers’ rights to vote on their own contracts. With the bill now before the Senate and a 60-vote threshold standing between the bill and passage, the speakers outline what employers can do now to make their voices heard.


Defensible Decisions: Attorney-Client Privilege and the AI Record-Creation Problem



In this episode of our Defensible Decisions podcast series, shareholders Scott Kelly (Birmingham/Washington) and Lauren Hicks (Indianapolis/Atlanta) turn to the input side of AI risk, examining what happens when employees, managers, and executives enter sensitive information into AI systems. Scott, who is chair of the firm’s Workforce Analytics and Compliance Practice Group, and Lauren discuss why AI interactions on company platforms are discoverable records rather than private conversations, including how multi-turn chat logs can document a manager’s intent and create pretext evidence in employment litigation. The speakers walk through real-world examples of employee misuse and explain why employers need enterprise-level monitoring, governance policies, and privilege-protected bias testing before a plaintiff’s counsel does it for them.


Defensible Decisions: When AI Generates Bias in the Workplace



In this episode of our Defensible Decisions podcast series, shareholders Scott Kelly (Birmingham/Washington) and Lauren Hicks (Indianapolis/Atlanta) examine what happens when AI produces written content that is inconsistent, biased, or legally problematic in the employment context. Scott, who is chair of the firm’s Workforce Analytics and Compliance Practice Group, and Lauren cover how large language models work as prediction engines rather than knowledge bases, and why that distinction creates real legal exposure when AI-generated outputs differ based on demographic descriptors. The speakers walk through a concrete qualitative test illustrating how the same prompt can yield meaningfully different results depending on a racial modifier, and what that means for employers using AI in hiring assessments and performance management.


Workplace Strategies Watercooler 2026: EEOC Trends, Enforcement Shifts, and What Employers Should Do Now



In this installment of our Workplace Strategies Watercooler 2026 podcast series, shareholders Jim Paul (St. Louis/Tampa), Aimee Parsons (Portland (ME)), and Carolyn Russell (Houston) break down the EEOC’s shifting enforcement priorities under Chair Andrea Lucas, including the rescission of the 2024 harassment guidance and the agency’s stance on unlawful DEI. The speakers also examine the Supreme Court’s 2025 Ames decision, eliminating the heightened evidentiary standard for majority-group discrimination claims, and offer practical guidance for employers navigating a rapidly changing compliance landscape across multiple jurisdictions.


Defensible Decisions: Introducing the Talent Risk Assessor



In this episode of our Defensible Decisions podcast series, shareholder Scott Kelly (Birmingham/Washington) is joined by Pete Bell and Chrissy Blantz from the firm’s Data Analytics team to introduce the firm’s Talent Risk Assessor—a comprehensive dashboard built to help employers identify workforce risk across the entire employment lifecycle. Scott, who is chair of the firm’s Workforce Analytics and Compliance Practice Group, discusses with Pete and Chrissy how the tool brings together data on hiring, separations, talent progression, and pay equity into a single, actionable view. Tune in to learn how Ogletree’s legal and data analytics teams collaborated to build a proactive solution for employers navigating today’s evolving compliance landscape.


Workplace Strategies Watercooler 2026: Ethics of AI in the Workplace—Emerging Standards and Risks



In this installment of our Workplace Strategies Watercooler 2026 podcast series, shareholders Simone Francis (St. Thomas/New York) and Lauren Hicks (Indianapolis) explore the fast-moving legal landscape surrounding AI ethics in the workplace, from the ethics rules that already govern attorney AI use to the cautionary tales of real cases with real consequences. Lauren and Simone unpack the emerging privilege and discovery risks that arise when confidential information enters consumer AI tools. The speakers close with practical guidance on AI use policies, bias auditing for employment tools, and the state compliance landscape employers need to navigate now.


Litigation Lens: The Blake Lively Case—Worker Classification, Contracts, and Retaliation



In this episode of our Litigation Lens podcast series, Michael Nail (shareholder, Greenville) is joined by Sarah Zucco (shareholder, New York) and Olivia Orlando-Donovan (associate, New York/Stamford) to break down Judge Lyman’s April 2026 opinion in Lively v. Wayfarer Studios—a 152-page decision arising from the production of It Ends With Us. The speakers examine the court’s independent contractor ruling, the enforceability of unsigned agreements, and the FEHA retaliation claim that survived dispositive motions. Tune in for practical takeaways on worker classification, contract execution, and the fine line between defending your reputation and retaliating against a complainant.


Payroll Brass Tax: Payroll Consolidations and Strategies for Multi-Entity Employers



In this installment of our Payroll Brass Tax podcast series, Mike Mahoney (Morristown/New York) and Megan Menguc (Washington) break down the most common strategies for consolidating payroll across related entities. Megan and Mike, who is chair of the firm’s Employment Tax practice group, walk through three distinct approaches, examining the practical benefits and limitations of each: (1) captive employee leasing, (2) Section 3504 agent reporting, and (3) common paymaster arrangements. The speakers also address the broader cross-disciplinary considerations that employers should keep in mind before restructuring how payroll is reported.