Category Archives: Uncategorized

California’s Workplace Violence Law, Part I: Lessons Learned One Year Into SB 553



In part one of our three-part series on California’s new workplace violence prevention law, Robert Rodriguez (shareholder, Sacramento) and Karen Tynan (shareholder, Sacramento) discuss the lessons employers have learned about workplace violence inspections during the law’s first year of implementation. Karen and Robert, who are co-chairs of the firm’s Workplace Violence Prevention Practice Group, explore how the enforcement of the new law, which took effect on July 1, 2024, is being managed and offer insights into Cal/OSHA’s approach to these inspections. The discussion highlights practical tips for employers, the importance of customized training, and the role of the Bureau of Investigation in incidents of workplace violence.


Privacy and Security in AI Note-Taking and Recording Tools, Part I: Risks and Considerations



In the first part of this two-part series, Ben Perry (shareholder, Nashville) and Lauren Watson (associate, Raleigh) discuss the use of artificial intelligence (AI)-powered note-taking and recording tools in the workplace. Lauren and Ben (who is co-chair of the firm’s Cybersecurity and Privacy Practice Group) explore the benefits of these tools, such as automated transcription and meeting summaries, while also addressing the legal risks and compliance issues, including wiretapping laws, consent requirements, and the potential for data breaches, emphasizing the importance of robust internal policies. The conversation also touches on the need for proper employee training and the implications of using AI tools in compliance with state-specific regulations.


NYC’s Aggressive Enforcement of the Earned Safe and Sick Leave and Fair Workweek Laws



In this podcast, Diana Nehro (shareholder, New York/Boston) sits down with Jamie Haar (of counsel, New York) to discuss the New York City Department of Consumer and Worker Protection’s (DCWP) rigorous enforcement of the Earned Safe and Sick Leave Law and the Fair Workweek Law. Jamie and Diana provide an overview of these laws, including their requirements, compliance challenges, and the significant penalties for violations. Diana and Jamie also offer best practices for employers to mitigate risks and discuss the DCWP’s audit and investigatory processes.


Cross-Border Catch-Up: The Growing Global Trend of the Right to Disconnect



In this episode of our Cross-Border Catch-Up podcast series, Lina Fernandez (Boston) and Kate Thompson (New York/Boston) discuss the growing trend of “right to disconnect” laws that permit employees to disengage from work-related communications and activities during non-working hours. Kate and Lina explore how right-to-disconnect legislation is being implemented in various countries, including Spain, Peru, Colombia, Thailand, and Canada. Lina and Kate also highlight the importance for global employers to stay informed and compliant with these evolving regulations.


Safety Basics XII: Key Insights Into OSHA Investigations and Inspections



In episode 12 of Ogletree Deakins’ Safety Basics podcast series, John Surma (shareholder, Houston) sits down with Karen Tynan (shareholder, Sacramento) to discuss the intricacies of OSHA inspections and investigations. Karen and John cover how to effectively manage interactions with OSHA and ensure compliance. They also discuss the various types of inspections, the importance of understanding employer rights, and best practices for handling document requests, walkarounds, and employee interviews.


Cross-Border Catch-Up: Flexible Global Hiring—The Non-Resident Employer Approach



In this episode of our Cross-Border Catch-Up podcast series, Patty Shapiro (San Diego) and Shirin Aboujawde (London), both of whom are members of the firm’s Cross-Border Practice Group, discuss what it means to be a non-resident employer, including the benefits and challenges associated with employing staff abroad without establishing a legal entity. Shirin and Patty address key legal and compliance risks, such as the importance of adhering to local employment laws and managing tax liabilities. They also explore the flexibility that being a non-resident employer offers, such as the relative ease of hiring employees in foreign markets without the lengthy process involved in setting up or dismantling a local entity.


Unwinding Executive Order 11246: What Federal Contractors Need to Know



In this podcast, shareholders Chris Near (Columbia) and Lauren Hicks (Indianapolis, Atlanta) discuss federal contractors’ and subcontractors’ obligations in unwinding Executive Order (EO) 11246, which mandates affirmative action programs for women and minorities. Lauren and Chris focus on the new administration’s EO 14173, the ongoing requirements for affirmative action programs for veterans and individuals with disabilities, and the necessary adjustments contractors must make to their policies, self-identification processes, and internal communications.


Cross-Border Catch-Up: EORs and Their Impact on Global Workforce Management



In this episode of our Cross-Border Catch-Up podcast series, Diana Nehro (New York/Boston), chair of the firm’s Cross-Border Practice Group, and Patty Shapiro (shareholder, San Diego) discuss the evolving legal landscape surrounding global Employer of Record (EOR) arrangements. Patty and Diana explore the concept of EORs and their implications for global employment, tax, and immigration policies. They highlight trends for employers to consider, such as the increasing assertion of jurisdiction by home countries over foreign companies hiring local talent through EORs, as well as the challenge that EORs face in sponsoring work visas. They also provide insights on recent and anticipated policy changes in Kenya, Canada, and Singapore.


Safety Basics XI: OSHA Citations—From Costs to Compliance



In this installment of Ogletree Deakins’ Safety Basics podcast series, John Surma (Houston) and Frank Davis (Dallas) delve into the intricacies of handling Occupational Safety and Health Administration (OSHA) citations. Frank and John discuss the stakes involved with OSHA citations, explore the potential hidden costs that extend beyond just the fines, and outline the key steps employers should consider when they receive a citation. The speakers also cover the informal conference process, the procedure for contesting citations, and the importance of evaluating how citations can impact business operations.


Cross-Border Catch-Up: Compliance with Puerto Rico Meal Break Requirements



In this episode of our Cross-Border Catch-Up podcast series, Carlos Colón-Machargo (shareholder, Atlanta) and Skye Hao (associate, Atlanta) discuss the specific regulations regarding meal periods for nonexempt employees in Puerto Rico. Carlos and Skye cover the unique rules, exceptions, and penalties related to meal breaks that employers must understand to ensure compliance and avoid costly liabilities.