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In this podcast, Susan Gorey and Dee Anna Hays, who is chair of Ogletree Deakins’ Multistate Advice and Counseling Practice Group, are joined by Tae Phillips, who is a co-chair of the firm’s Drug Testing Practice Group. Tae reviews the many issues facing employers as the number of states legalizing the use of medical and recreational marijuana grows. He provides best practices for managing the complex framework of state marijuana laws and discusses issues surrounding job protections for marijuana users, reasonable suspicion drug testing, and what employers can expect in the future.

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In this podcast, members of Ogletree Deakins’ Workplace Safety and Health Practice Group discuss workplace violence, with a focus on healthcare settings. John Surma, Wayne Pinkstone, and Phillip Jones review the duty to provide a hazard-free workplace and guidance provided by the Occupational Safety and Health Administration (OSHA). They also address how workplace violence incidents may lead to a violation of the Occupational Safety and Health Act’s General Duty Clause. Karen Tynan, chair of Ogletree’s West Coast OSHA practice, joins the conversation to discuss Cal/OSHA’s approach to the threat of workplace violence, the need to address environmental risk factors, and abatement of a hazardous condition after an incident.

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In this podcast, Workplace Safety and Health shareholders John Surma and Frank Davis continue their discussion of inspections conducted by the Occupational Safety and Health Administration (OSHA). John and Frank review employer rights and responsibilities with respect to employee interviews, preserving the scene of an incident, producing injury and illness records, and more.

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In this podcast, John Surma and Frank Davis, members of Ogletree Deakins’ Workplace Safety and Health Practice Group, review the basis for and scope of inspections by the Occupational Safety and Health Administration (OSHA). John and Frank discuss circumstances that may trigger an inspection, what to expect at an opening conference, and an employer’s right to limit the inspection.

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In this podcast, Tom Davis and Tom Stanek, co-chairs of Ogletree Deakins’ Traditional Labor Relations Practice Group, provide an update on the National Labor Relations Board’s (NLRB) February 2023, decision that nondisparagement and confidentiality provisions in severance agreements must be carefully drafted. This episode of Third Thursdays does a deep dive into the March 22, 2023, NLRB general counsel (GC) memorandum clarifying the McLaren Macomb ruling. In addition to providing an update on the GC’s latest guidance, Davis and Stanek also provide clarification on previously unsettled issues and factors to keep in mind when drafting severance, settlement, and other employment agreements.

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Just in time for April Fools’ Day, we are pleased to announce the inaugural episode of our newest podcast series, Multistate Mondays. In this episode, Dee Anna Hays, who is chair of Ogletree Deakins’ Multistate Advice and Counseling Practice Group, is joined by Susan Gorey to discuss the responses to the firm’s recent benchmarking survey. Susan and Dee Anna discuss the most challenging multijurisdictional issues that employers are facing, including leaves of absence, wage and hour laws, handbooks and policies, background checks, and marijuana laws. They discuss how employers can keep up-to-date and in compliance with the patchwork of state laws in these areas—especially given the growing trend of remote workforces that started during the pandemic.

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In this podcast, John Surma and Frank Davis (both of whom are members of Ogletree Deakins’ Workplace Safety and Health Practice Group) discuss the keys to being successful in terms of managing an Occupational Safety and Health Administration (OSHA) inspection. Frank and John discuss the importance of having a workplace safety plan, training employees on details of the plan, being prepared, and maintaining relationships with safety professionals.They also discuss whistleblower complaints, rapid response investigations (RRI), and considerations for employers submitting RRI responses.

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In this podcast, John Surma, Kathy Fletcher, and Karen Tynan discuss Oregon’s Senate Bill (SB) 592, which would significantly increase the amounts of civil penalties for violations of the Oregon Safe Employment Act. The speakers also cover SB 592’s provisions that would allow Oregon Occupational Safety and Health to conduct in-depth, wall-to-wall inspections under certain circumstances. Karen Tynan—who is chair of Ogletree’s West Coast OSHA practice—Kathryn, and John also review the unlimited “look back” period for repeat violations included in SB 592 and highlight Ogletree’s OSHA Tracker, a useful tool in monitoring OSHA activity throughout the nation.

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In this podcast, Tom Davis, co-chair of Ogletree Deakins’ Traditional Labor Practice Group, provides an update on the current National Labor Relations Board’s (NLRB) Representation-Case (R-Case) Procedures, which have gone through substantial changes involving NLRB rulemaking in 2014 and 2019. Tom reviews the recent Court of Appeals decision resolving challenges to the 2019 modifications and how the NLRB intends to respond to that decision.  He then reviews which proposed changes are and which ones are not in effect today: for example, when the list of eligible voters is due, when the certification of election results may occur, who can be an election observer certified by a union, the number of days permitted for various steps in the process, and whether ballots are impounded or counted when an election is appealed.

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State laws addressing the right to carry firearms have been evolving and some states, including Texas, have expanded the rights of individuals to carry guns in public places. In this podcast, Frank Davis, John Surma, and Andy Turner discuss the interplay between such laws and the rights of employers to limit employees’ possession of guns on work premises. This podcast includes an in-depth review of the “parking lot exception” and an update on recent changes to Texas state law.