Category Archives: Uncategorized

Defensible Decisions: EEOC’s Pattern-or-Practice Priorities and What Employers Should Expect



In this inaugural episode of Ogletree Deakins’ Defensible Decisions podcast, Scott Kelly (shareholder, Birmingham) sits down with Nonnie Shivers (office managing shareholder, Phoenix) to unpack the EEOC’s renewed emphasis on systemic, pattern-or-practice enforcement in the wake of a restored quorum and recent leadership moves. This shift highlights the agency’s alignment with current administration priorities, moving away from its traditional strategic plan. The discussion covers anticipated litigation and key areas of investigation—particularly focusing on challenges related to race- and sex-based preferences in DEI programs, anti-American national origin bias, and H‑1B abuses. The speakers emphasize the importance for employers to conduct privileged, data-driven audits of their hiring, promotions, transfers, and pay practices. This proactive approach can help validate merit-based decisions and prepare organizations for increased scrutiny.


Defensible Decisions: Section 503 and VEVRAA Updated Thresholds Explained



In this episode of our Defensible Decisions podcast, shareholders Scott Kelly (Birmingham) and Chris Near (Columbia) unpack the Office of Federal Contract Compliance Programs’s (OFCCP) updated jurisdictional thresholds for Section 503 of the Rehabilitation Act (Section 503) and the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). Effective October 1, 2025, basic coverage thresholds increased to $20,000 under Section 503 and to $200,000 for coverage and Affirmative Action Plans (AAPs) under VEVRAA. The speakers discuss how these inflation adjustments by the Federal Acquisition Regulatory (FAR) Council affect AAPs for contractors holding prime and necessary sub-awards, as well as ongoing compliance obligations for covered contractors such as job postings, self-identification, outreach and recruitment, and accommodation processes.


Cross-Border Catch-Up: Unpacking Singapore’s Workplace Fairness (Dispute Resolution) Bill



In this episode of our Cross-Border Catch-Up podcast series, Goli Rahimi (Chicago) and Kate Thompson (New York, Boston) unpack Singapore’s new Workplace Fairness (Dispute Resolution) Bill to explain how the new grievance and dispute resolution process will work, and what procedural safeguards and employee protections will come into effect. The speakers outline timelines toward an anticipated 2027 effective date, highlight employer defenses, and offer practical steps global employers can take now to prepare for a culture of early resolution and legally robust fairness practices.


Safety Perspectives From the Dallas Region: Challenging OSHA’s Authority in the Fifth Circuit



In this episode of our Safety Perspectives From the Dallas Region podcast series, shareholders John Surma (Houston) and Frank Davis (Dallas) break down a new Amarillo federal lawsuit that challenges OSHA’s authority to issue safety standards as an unconstitutional delegation of legislative power. The speakers analyze how the case intersects with recent Supreme Court trends post-Loper Bright, discuss potential outcomes and risks for employers (including reliance on the General Duty Clause), and consider what this could mean for federal OSHA versus state-plan states and ongoing enforcement strategy.


Dirty Steel-Toe Boots: Developing and Implementing Effective OSHA Inspection Protocols



In this episode of Dirty Steel-Toe Boots, Phillip Russell (shareholder, Tampa) and Lance Witcher  (shareholder, St. Louis), discuss how to empower your workforce through developing, training on, and executing effective OSHA inspection protocols. From definitions of rights and responsibilities, to how to handle document requests and employee interviews, Lance and Phillip provide practical insights that will help prepare your safety and operational teams for any OSHA visit.


Cross-Border Catch-Up: 2026 Employment Law Changes in Poland, Belgium, and the Netherlands



In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York) and Goli Rahimi (Chicago) discuss major employment law changes in Poland, Belgium, and the Netherlands. Goli and Shirin, both of whom are members of the firm’s Cross-Border Practice Group, highlight a Polish Labor Code provision that significantly impacts how length of service is calculated, thereby affecting an employee’s statutory rights to notice of termination, severance, and paid leave. They also cover the introduction of a cap on notice periods for terminations in Belgium and the Netherlands’ Netherlands’ Clarification of Assessment of Employment Relations and Legal Presumption Act (VBAR Act), which tightens the distinction between employees and self-employed contractors.


Payroll Brass Tax: Holiday Gifts, Gift Cards, and the Taxable Truth



Holiday gifts feel generous—but for payroll they’re often taxable. In this episode of Payroll Brass Tax, Mike Mahoney (shareholder, Morristown/New York) and Stephen Kenney (associate, Dallas) break down when gifts, gift cards, and raffle prizes count as wages, and how the de minimis fringe benefit rules really work. The speakers also discuss the mechanics of valuation, timing, withholding, and gross-ups to help employers avoid audit surprises and keep the season compliant.


ayroll Brass Tax: Unemployment Tax Rate Season, Part 2—Claims, M&A Activity, and Successor Issues



In part two of this two-part Payroll Brass Tax podcast series, Mike Mahoney (shareholder, Morristown/New York), who is the chair of the Employment Tax Group, and Stephen Kenney (associate, Dallas) continue their conversation about unemployment tax rate notices. The speakers discuss managing claims to protect employers’ rates and different strategies like voluntary contributions, with special guidance for M&A, nonprofits, seasonal industries, and multistate employers.


Inside the Exclusive: Highly Sensitive Sexual Harassment and Assault Investigations



n this podcast recorded at our 2025 Corporate Labor and Employment Counsel Exclusive® seminar, Tiffany Stacy (office managing shareholder, San Antonio) and Lisa Burton (office managing shareholder, Boston, Portland, ME) explore the complexities of conducting investigations of highly sensitive issues. Lisa and Tiffany offer insights and tips for handling claims involving sexual harassment, alleged incidents of sexual assault or similar misconduct, and cases with potentially aggravating circumstances such as minor employees and/or the use of substances. The speakers cover important considerations such as maintaining confidentiality, preserving evidence, the value of attorney-client privilege, the importance of having an investigator with high emotional intelligence, handling interviews and making credibility assessments, ensuring the safety and wellbeing of employees and assigned investigators, and reporting responsibilities.


Payroll Brass Tax: Unemployment Tax Rate Season, Part 1—Best Practices and Avoiding Pitfalls



In part one of this two-part Payroll Brass Tax podcast series, Mike Mahoney (shareholder, Morristown/New York), who is the chair of the Employment Tax Group, is joined by Stephen Kenney (associate, Dallas) to demystify unemployment tax rate notices—the one piece of mail that can swing your payroll costs by thousands or even millions. The speakers unpack how rates are calculated, what to check the moment a notice arrives, as well as when and how to appeal.