Category Archives: Legal

Cal/OSHA’s Agriculture Focus: Common Citations and How to Prevent Them



In this podcast, shareholders Kevin Bland (Orange County) and Karen Tynan (Sacramento) discuss the most common Cal/OSHA citations issued to California agriculture employers. Karen, who is chair of the firm’s Workplace Safety and Health Practice Group, and Kevin discuss including heat illness prevention, Injury and Illness Prevention Plan (IIPP) violations, field sanitation requirements, lockout/tagout compliance, and respiratory protection for hazards like valley fever and wildfire smoke. The speakers offer practical guidance on avoiding these citations, with an emphasis on documentation, training, and maintaining basic compliance measures such as providing potable water, shade, and proper sanitation facilities, to help keep your workers safe and your workplace compliant.


Talent Risk Assessor, 1: What Data Reveals About Selection and Hiring Processes



This special series of Defensible Decisions, discusses Ogletree’s Talent Risk Assessor dashboard that helps employers integrate data from the full employment lifecycle to give management a birds’ eye view of the legal risks associated with employment decisions. Episode one features shareholders Scott Kelly (Birmingham/Washington) and Chris Near (Columbia), who are are joined by Chrissy Blantz from the firm’s Data Analytics team, to examine how Ogletree’s Talent Risk Assessor evaluates selection and hiring processes for legal risk. Using a continuing hypothetical involving a multi-state employer, the group walks through stage-by-stage funnel analysis and explains why a statistical flag should prompt a legally informed inquiry rather than a conclusion about compliance. Scott, who is chair of the firm’s Workforce Analytics and Compliance Practice Group, also previews the data quality and documentation considerations that will be addressed in the next episode of the series.


The New Era of Privacy Class Actions in Canada



In this episode, Shir Fulga (Toronto) and Erin Schachter (Montréal) (Toronto) discuss recent Quebec and Ontario court decisions certifying consumer class actions in data breach cases—and what these rulings mean for employers handling employee data. The discussion covers how courts are lowering the threshold for claims, allowing actions based on moral damages even in the absence of proven financial harm, and applying multiple legal frameworks, including privacy statutes, consumer protection laws, and human rights legislation.


Cross-Border Catch-Up: Cultural and Legal Considerations in Global Investigations, Part 3



In this episode of our Cross-Border Catch-Up podcast series, Patty Shapiro and Kate Thompson conclude their three-part series on global workplace investigations by highlighting common pitfalls that employers should avoid and providing valuable takeaways. Kate and Patty address the challenge of balancing transparency with confidentiality requirements and data privacy laws, and emphasize the importance of understanding cultural differences. Additionally, they point out that maintaining thorough documentation throughout an investigation is crucial, including records of interviews, evidence collection, and the investigative steps taken.


The Top 5 USERRA Traps and How to Avoid Them



In this podcast, Ogletree’s Military Workforce Practice Group co-chairs Jay Patton (Birmingham) and Amy Glenos (Birmingham) examine the five most common pitfalls employers face military leave issues under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Amy and Jay cover a variety of topics from documentation missteps and paid leave disputes to reduction in force (RIF) decisions and reemployment position determinations. Drawing on real settlement figures and controlling case law, including the Supreme Court’s escalator principle from Fishgold v. Sullivan Drydock, the speakers walk through practical guidance for handling both voluntary and involuntary military leave. The episode closes with a pop quiz on USERRA’s statute of limitations, a detail that catches even experienced HR professionals off guard.


Cross-Border Catch-Up: Compliance Strategies in Global Workplace Investigations, Part 2



In part two of this three-part episode of our Cross-Border Catch-Up podcast series, Patty Shapiro and Kate Thompson explore the components of an effective and compliant investigation, including the importance of timeliness and adherence to jurisdiction-specific deadlines. The discussion also covers essential steps in evidence collection, implications for data privacy, challenges in maintaining confidentiality, handling anonymous complaints, and managing investigations that involve senior executives.


Cross-Border Catch-Up: Conducting Effective Global Workplace Investigations, Part 1



In this episode of our Cross-Border Catch-Up podcast series, Patty Shapiro (shareholder, San Diego) and Kate Thompson (associate, New York/Boston) kick off an informative three-part series on global workplace investigations. In part one, they discuss how to prepare for an investigation, resolve conflicting legal frameworks, and understand cultural considerations. They also offer insights on assembling the right team, maintaining confidentiality, and complying with data privacy laws.


Cross-Border Catch-Up: Liberalization and Compliance—What’s Changing for Employers in the UAE



In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York/London) and Samantha Duncan (Washington) break down the latest wave of social and employment reforms in the United Arab Emirates (UAE). These reforms include relaxed alcohol licensing, a new workweek from Monday to Friday, tighter Emiratisation quotas, and AI-driven compliance enforcement. The speakers explore whether these changes represent genuine modernization or if they represent a strategically crafted approach that selectively adopts elements from Western models while remaining grounded in local priorities.


Cross-Border Catch-Up: Argentina’s New Rules on Severance, Working Hours, and More



In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York/London) and Lina Fernandez (Boston) break down Argentina’s new labor modernization law, Law No. 27,802, which is generating significant debate among employers, unions, and social groups alike. The speakers cover the law’s sweeping reforms, including changes to severance calculations and caps, new rules on working hours and vacation flexibility, the classification of gig platform workers as independent providers, and the creation of employer-side labor assistance funds. The speakers review what these changes mean for multinational employers operating in Argentina and what to watch for as implementing regulations are issued in the coming months.


Cal/OSHA’s Serious Accident-Related Citations: A Practical Guide for Employers



In this podcast, Karen Tynan (Sacramento) and Kevin Bland (Orange County) discuss serious accident-related citations (SARs) under Cal/OSHA, explaining how these citations require a causal nexus between the alleged violation and a serious injury, and how they differ from standard serious violations. Kevin and Karen, who chairs the firm’s Workplace Safety and Health Practice Group, cover common scenarios involving lockout/tagout procedures, machine guarding, training deficiencies, and heat illness. They also discuss the elevated penalties associated with SARs and the increasing challenges of settling these cases after California’s 2025 audit of Cal/OSHA. The episode offers practical insights for employers on how to defend against SARs and highlights potential implications for workers’ compensation claims, civil litigation, and construction prequalification.