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In this installment of our Safety Perspectives From the Dallas Region podcast series, shareholders Frank Davis (Dallas) and John Surma (Houston) discuss the implications of a recent federal court ruling that extends the Supreme Court’s June 2024 decision in SEC v. Jarkesy, barring the use of administrative law judges (ALJs) in certain matters before the SEC. In November 2024, a federal district court judge in Texas expanded the bar to include ALJs at the U.S. Department of Labor—a decision that could potentially affect OSHA’s adjudication procedures. John and Frank’s discussion highlights the uncertainty and backlog this situation could create within the federal court system. They also examine the future of administrative law proceedings—particularly for employers facing OSHA actions.

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In this episode of our Cross-Border Catch-Up podcast series, Patty Shapiro (San Diego) sits down with Shirin Aboujawde (New York) to discuss the unique aspects of doing business in the Middle East, focusing on the importance of physical presence and the expat-dominated workforce. They highlight the mandatory requirements for local real estate, the distinct workweek schedules, and the necessity of having a public relations officer to interact with the government. Additionally, they cover the lack of income taxes for individuals in the UAE, the statutory benefits like “Hajj leave” and Ramadan hours, and the complexities involved in terminating expat employees, including end-of-service gratuity and visa cancellation procedures.

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In this roundtable discussion, members of the firm’s Cybersecurity and Privacy Practice Group discuss a wide range of important topics, including steps to take when a data breach is suspected, trends in artificial intelligence (AI) legislation, and privacy impact assessments. Simon McMenemy (Managing Partner, London) and Ben Perry (Of Counsel, Nashville), who are co-chairs of the practice group, are joined by Tracey Kinslow (Of Counsel, Nashville), Nicola McCrudden (Of Counsel, London), Erin Schachter (Associate, Montréal), and Lauren Watson (Associate, Raleigh). The speakers cover developments in the United States, Canada, and Europe.

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In this podcast, Meagan Dziura (Raleigh) and Jamey Petri (Austin) dive into the National Interest Waiver (NIW) green card, exploring what makes a petition compelling and what has brought about this surge in NIW interest by employers. They break down the key elements of a strong NIW case and discuss how the recent election results will impact the future of NIWs.  Jamey and Meagan provide insights into the NIW’s requirements, its advantages over the traditional PERM process, and the reasons for its growing popularity in recent years.

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In this episode of our Cross-Border Catch-Up podcast series, Maya Barba (San Francisco) and Patty Shapiro (San Diego) discuss employee terminations in the Netherlands—which can be challenging for employers due to the area’s strict legal obligations. Patty and Maya discuss the procedural requirements associated with terminations as well as the underlying grounds for termination such as serious cause, performance issues, and redundancy. They also address employee entitlements related to termination, including required notice, statutory severance, and other complexities involved in the termination process in the Netherlands, including when government permission is required.

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In this podcast, Karen Tynan (shareholder, Sacramento) and Kevin Piercy (shareholder, Fresno) discuss Valley fever, also known as coccidioidomycosis, a lung infection caused by inhaling fungus spores commonly found in the soil of California’s Central Valley and parts of the southwestern United States. Karen, who is the West Coast chair of the firm’s Workplace Safety and Health Practice Group, and Kevin delve into the symptoms, causes, and the occupations most at risk, such as construction and agricultural jobs that disturb the soil. They also review relevant Cal/OSHA regulations, including sections 3203, 5141, 5144, and 14300, providing critical guidance on how employers can protect their workers and respond if Valley fever is suspected.

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n this episode of our Multistate Monday podcast series, co-chairs of the firm’s Multistate Advice and Counseling Practice Group, Dee Anna Hays (shareholder, Tampa) and Lucas Asper (shareholder, Greenville), sit down with Shareholder Jim Plunkett (Washington, D.C.) to discuss key legislative updates in light of the upcoming elections. Dee Anna, Lucas, and Jim, who is chair of the firm’s Governmental Affairs Practice Group, discuss the FTC’s non-compete ban; the NLRB’s target enforcement areas such as employer speech on unionization; the DOL’s overtime rule and its effect on wage-and-hour law trends at the state and local levels; OSHA’s new proposed rule on heat illness prevention; and more. Jim also explains how the presidential candidates’ administrations and policy priorities, as well as congressional actions, could affect current labor and employment legislative actions.

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In this podcast, shareholders Karen Tynan (Sacramento) and Amy Bianchini (San Diego) discuss the circumstances under which a California employer may seek a restraining order on behalf of an employee. Karen, who is co-chair of the firm’s Workplace Violence Prevention Practice Group, and Amy address California Code of Civil Procedure Section 527.8 and procedures to effectively obtain restraining orders. They also cover the scope of restraining orders, including who can be restrained and who can be protected, and they highlight the procedural requirements, which may vary from county to county, and review a case study.

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In this installment of our Safety Perspectives From the Dallas Region podcast series, shareholders Frank Davis (Dallas) and John Surma (Houston) sit down with Ryan Swink (associate, Houston) to discuss OSHA compliance officers’ approach to inspections of meatpacking facilities. The discussion covers topics ranging from Process Safety Management (PSM) evaluations and ergonomics to documentation standards and recordkeeping. The speakers also address what constitutes a reasonable inspection, highlighting when inspections may become overly broad or unduly burdensome, which could violate Section 8 of the OSH Act.

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In this installment of Ogletree Deakins’ Safety Basics podcast series, shareholders John Surma (Houston) and Erika Leonard (Austin) examine the intersection of employment law and workplace health and safety law. Erika and John cover internal employment investigations when a safety incident has occurred and consider decisions such as who should conduct the investigation, whether to conduct witness interviews, and the ins and outs of reviewing documentation and physical spaces and/or objects that may be involved. John and Erika also offer insight into potential compensation and/or leave and accommodation issues, and the importance of determining whether an incident warrants employee discipline or discharge.