Podcast: Play in new window | Download (Duration: 25:21 — 34.9MB) | Embed

Subscribe: Apple Podcasts | Spotify | TuneIn | More

In this podcast, shareholders Kevin Bland (Orange County) and Karen Tynan (Sacramento) discuss strategies and tactics that Cal/OSHA attorneys commonly employ during administrative trials, including how they handle opening statements, inspector testimony, hearsay evidence, and cross-examination. Karen, who is chair of the firm’s Workplace Safety and Health Practice Group, and Kevin offer practical insights for employers on what to expect from opposing counsel—whether they are facing a seasoned litigator or a newer attorney—and how to effectively prepare witnesses and handle evidentiary challenges. The speakers provide a candid look at real courtroom dynamics and offer tips for achieving favorable outcomes in Cal/OSHA proceedings.

Podcast: Play in new window | Download (Duration: 15:43 — 21.6MB) | Embed

Subscribe: Apple Podcasts | Spotify | TuneIn | More

In this podcast, shareholders Lauren Hicks (Indianapolis/Atlanta) and Chris Near (Columbia) deliver a quick update as of May 2026 on the current state of OFCCP, breaking down recent developments in data collection, pending rulemaking, changes in agency leadership, and the White House’s proposal to again defund OFCCP in next year’s budget.

Podcast: Play in new window | Download (Duration: 22:02 — 30.3MB) | Embed

Subscribe: Apple Podcasts | Spotify | TuneIn | More

In this podcast, shareholders Lauren Hicks (Indianapolis/Atlanta) and Chris Near (Columbia) walk federal contractors and subcontractors through the key compliance obligations triggered by Executive Order (EO) 14398 and the FAR Council’s guidance implementing it. Lauren and Chris break down the new contract clause requirements, False Claims Act implications, and what the “known or reasonably knowable” standard means for prime contractors managing their supply chains. The speakers finish with practical takeaways on auditing internal DEI programs, mapping subcontractor exposure, and preparing for tight contract modification deadlines.

Podcast: Play in new window | Download (Duration: 23:47 — 32.7MB) | Embed

Subscribe: Apple Podcasts | Spotify | TuneIn | More

In Washington, D.C., there is a saying: “personnel is policy.” In this episode of our Dirty Steel-Toe Boots podcast series, shareholders Phillip Russell (Tampa) and Jim Plunkett (Washington) break down the significance of Labor Secretary Lori Chavez-DeRemer’s departure and the rise of Acting Secretary Keith Sonderling for employers. They examine how Sonderling’s background and his time as deputy secretary have already shaped the DOL’s enforcement and policy direction. The speakers also take a closer look at OSHA head David Keeling and what to expect regarding issues like the heat illness standard.

Podcast: Play in new window | Download (Duration: 17:55 — 24.7MB) | Embed

Subscribe: Apple Podcasts | Spotify | TuneIn | More

In this podcast, Kathryn Bird (Toronto), Erin Schachter (Montréal), and Shir Fulga (Toronto) examine the Ontario Divisional Court’s 2025 decision in Bokhari v. Top Medical Transport Center Services, which reviewed the Human Rights Tribunal of Ontario’s preliminary dismissal of a disability discrimination claim. The discussion focuses on the tribunal’s use of a “balance of probabilities” standard at the screening stage, the court’s rejection of that approach in favor of the traditional “plain and obvious” test, and the risks of engaging in a merits analysis too early. The speakers also explore why the decision matters for both applicants and employers, particularly given increasing preliminary dismissals, tribunal backlogs, and the potential for unexpected judicial review proceedings.

Podcast: Play in new window | Download (Duration: 16:33 — 22.8MB) | Embed

Subscribe: Apple Podcasts | Spotify | TuneIn | More

In this episode of our Litigation Lens podcast series, shareholders Michael Nail (Greenville) and Sarah Zucco (New York) examine a recent First Circuit decision addressing whether placing an employee on a performance improvement plan (PIP) constitutes an adverse employment action under the Supreme Court’s Muldrow standard. The speakers discuss the specific factors courts will weigh when evaluating PIPs and offer practical guidance for employers on structuring performance management processes to reduce litigation exposure.

Podcast: Play in new window | Download (Duration: 25:46 — 35.4MB) | Embed

Subscribe: Apple Podcasts | Spotify | TuneIn | More

In this podcast, Morristown shareholders Justine Abrams and Michael Nacchio break down the latest developments shaping New Jersey employment law. They cover key updates including the expansion of the New Jersey Family Leave Act, new pay transparency regulations, a landmark earned sick leave ruling, and a proposed bill that would effectively ban most non-competes in the state. Employers doing business in New Jersey will want to tune in to understand what these changes mean for their compliance obligations.

Podcast: Play in new window | Download (Duration: 22:25 — 30.8MB) | Embed

Subscribe: Apple Podcasts | Spotify | TuneIn | More

In this podcast, shareholders Kevin Bland (Orange County) and Karen Tynan (Sacramento), who is chair of the firm’s Workplace Safety and Health Practice Group, discuss the unique aspects of Cal/OSHA discovery, which differs significantly from federal OSHA and civil litigation discovery processes. Karen and Kevin cover practical strategies for both the inspection phase and appeals process, including tips on document requests, witness demands, subpoenas, and depositions. The speakers review key practice points, such as requesting inspector training records, obtaining related case files for multi-employer or repeat citations, and understanding that California does not permit interrogatories or requests for admissions in OSHA proceedings.

Podcast: Play in new window | Download (Duration: 19:28 — 26.8MB) | Embed

Subscribe: Apple Podcasts | Spotify | TuneIn | More

In this podcast, Robert Rodriguez (Sacramento) and Tom Bellifemine (Morristown) explore how employers can use restraining orders and injunctive relief as proactive tools to protect their workplaces from violence and disruptive behavior. Tom and Robert, who co-chairs the firm’s Workplace Violence Prevention Practice Group, highlight key differences in the legal mechanisms available across jurisdictions, contrasting California’s well-defined statutory process with the civil litigation strategies employers must rely on in states like New York and New Jersey. The speakers offer practical insights into when and how to pursue protective orders, the role of judicial discretion, and why early action is critical to safeguarding employees and business operations.

Podcast: Play in new window | Download (Duration: 20:31 — 28.2MB) | Embed

Subscribe: Apple Podcasts | Spotify | TuneIn | More

In the fifth and final episode of this five-part podcast series, Karen Tynan (shareholder, Sacramento) and Robert Rodriguez (shareholder, Sacramento), who are co-chairs of Ogletree’s Workplace Violence Prevention Practice Group, discuss how employers can build a high reliability workplace violence prevention program that goes beyond basic compliance to become an integral part of company culture. Karen, who is also chair of the Workplace Safety and Health Practice Group, and Robert cover practical strategies including leadership engagement, effective employee communication and reporting systems, meaningful metrics, proper documentation practices, and stress-testing plans through tabletop exercises and drills.