Category Archives: Business

Workplace Strategies Watercooler 2023: OSHA Enforcement Post-COVID-19—What Exactly Does It Look Like?



In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Workplace Safety Practice Group members Wayne Pinkstone (Philadelphia) and David Walston (Birmingham) bring listeners up to date on the latest rulemaking and enforcement activity from the Occupational Safety and Health Administration (OSHA). Wayne and David provide insights into the agency’s new priorities and discuss OSHA’s use of rapid response investigations and programmed inspections and the issuance of hazard alert letters since the COVID-19 pandemic ended. In addition, our speakers describe how OSHA has recently reenergized its focus on pre-pandemic priorities such as fall protections, workplace violence, indoor and outdoor heat-related hazards, and personal protective equipment.


Workplace Strategies Watercooler 2023: TECHPLACE™ Talk—ChatGPT, Biometrics, and AI? Oh My!



In this podcast recorded at the firm’s national Workplace Strategies seminar, the co-chairs of Ogletree Deakins’ Technology Practice Group, Danielle Ochs and Jenn Betts, discuss the impact of new and emerging technologies in the workplace—specifically ChatGPT. Jenn and Danielle provide an overview of artificial intelligence (AI) and how it’s being used in the workplace, and discuss the EEOC’s announcement that it intends to hold employers accountable for their use of AI in hiring and recruiting decisions. Danielle and Jenn also discuss ways in which emerging AI technologies, such as ChatGPT, raise new concerns for the workplace and employers and how employers can protect their “smart” workplaces from technological traps.


Pizza, Pizza, Pizza: Is OSHA Taking a New View on Workplace Safety Incentive Programs?



In this podcast, members of Ogletree Deakins’ Workplace Safety and Health Practice Group discuss safety incentive programs and how the Occupational Safety and Health Administration (OSHA) may be taking a new view of them, as evidenced by a 2023 post by OSHA that asked, “Is your pizza party incentive program unreasonable?” The speakers, Jeff Leslie, John Surma, and Karen Tynan—who is chair of the firm’s West Coast OSHA practice—review various types of incentive programs and what employers can learn from past OSHA guidance.


Workplace Strategies Watercooler 2023: Is It #TimesUp on #MeToo?



In this podcast recorded at our recent national Workplace Strategies seminar, Liz Falcone (Office Managing Shareholder, Portland, OR), Evan Citron (Shareholder, New York), and Kathryn Bird (Partner, Toronto) discussed the evolution of the #MeToo movement years after the movement gained significant traction in October 2017. Our speakers commented on how the #MeToo movement has contributed to an increased number of sexual harassment claims and larger damages awards. They also addressed the legislative response to the #MeToo movement, including limitations on the arbitrability of claims, prohibition of nondisclosure provisions, and longer statutes of limitations.


An Insider’s Perspective on Workplace Safety: Developing Industry Standards and the Benefits of Collaboration



In this podcast, John Surma and Frank Davis, members of Ogletree Deakins’ Workplace Safety and Health Practice Group are joined by Tom Baldwin, Vice President of Safety for Global Medical Response/American Medical Response (GMR/AMR), which provides emergency medical services and patient relocation services in the United States. Tom shares details of his professional path, including his role in developing industry safety standards. Our speakers and guest also discuss the importance of the relationship between the client and the attorney and the related collaboration and communication between attorneys and clients in creating a culture of safety.


Workplace Strategies Watercooler 2023: Managing the Multigenerational Workforce



This podcast, which we recorded at Ogletree Deakins’ national Workplace Strategies seminar, explores the multifaceted age composition of the workplace from Baby Boomers and Generation X to Millenials and Generation Z. Our speakers, Bill Grob (Shareholder, Tampa) and Tiffany Cox Stacy (Shareholder, San Antonio) acknowledge the varying ways in which employees of different age ranges approach their jobs—with regard to a variety of factors such as adaptability, tech-savviness, communication and engagement styles, loyalty, work-life balance, and more—and what this means for employers that have multigenerational workforces. The speakers also discuss the benefits and challenges of having employees from multiple generations on a single team, especially given the prevalence of remote and hybrid workplaces.


Workplace Strategies Watercooler 2023: Disciplining Employees in Tricky Situations



In this podcast, recorded at the firm’s national Workplace Strategies seminar, Amanda Quan, the office managing shareholder of the firm’s Cleveland office, and Stephen Quezada, a shareholder in our Houston office, discussed disciplining an employee who has engaged in a protected activity.  Our speakers offered ten practical steps that employers can take to minimize the risk of a retaliation claim when disciplining employees who have engaged in protected activities, such as making a harassment or discrimination claim, requesting a leave of absence or accommodation, filing a workers’ compensation claim, or reporting a safety concern. Amanda and Stephen offer key takeaways related to the documentation and timing of employee discipline.


Workplace Strategies Watercooler 2023: Neurodiversity at Work—Innovative Practices for Integrating Uniquely Talented Individuals



In this podcast, which was recorded at the firm’s national Workplace Strategies seminar, shareholders Timothy Reed (San Francisco) and Phillip Russell (Tampa) reflect on the ever-changing compositions of modern-day workforces, including neurodiverse employees, whose unique skills provide valuable solutions for many workplaces. Our speakers provide tips and takeaways on how employers can onboard and develop neurodiverse employees. Tim and Phillip also cover the various types of neurodiversities that may be present in the workforce and ways employers can embrace it at work.


Workplace Strategies Watercooler 2023: Ogletree Deakins’ Annual Benchmarking Survey—Headlines and Trends



This podcast, which was recorded at Ogletree Deakins’ national Workplace Strategies seminar, features a review of the firm’s third annual benchmarking report, Strategies and Benchmarks for the Workplace: Ogletree’s Survey of Key Decision-Makers, which gathered feedback from nearly 1,100 in-house counsel and senior HR professionals. Our speakers, Bud Bobber, chair of the firm’s Manufacturing Practice Group, is joined by Chief Client Services Officer Jim McGrew, and Jenn Betts, who is co-chair of the firm’s Technology Practice Group, highlighted key findings and takeaways from the report, including the top labor and employment challenges for employers. The speakers also noted trends surrounding those challenges, which include hiring and retention, multistate compliance, pay transparency, AI in the workplace, and more.


Workplace Strategies Watercooler 2023: All Things ADA, LOA, FMLA, and Reasonable Accommodations



This episode of Workplace Strategies Watercooler, which was recorded at Ogletree Deakins’ national Workplace Strategies seminar, features a discussion of reasonable accommodations issues emerging from the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), state paid leave laws, and mini-FMLA laws. Our speakers, Shareholder Charles L. Thompson, IV, who is a co-chair of the Ogletree Deakins Leaves of Absence/Reasonable Accommodations group, was joined by Shareholder Stacy M. Bunck (Kansas City) and Shareholder John G. Stretton (Stamford). The podcast addresses the many facets of employers’ accommodations obligations, including timeframes for action, the interactive process, documentation requirements, intermittent claims, and return-to-work issues.