Category Archives: Legal

TITLE Immigration in the Life Sciences: Visa Categories in Groundbreaking Industries

In this podcast, Amanda Goodman and Geeta Shah discuss the overlapping complexities and nuances of the U.S. immigration system and the dynamic world of the life sciences industry. The speakers cover visa categories and classifications uniquely suited to professionals in the life sciences industry and available H-1B cap exemption options for employers, as well as other considerations and challenges for employers operating in these crossover industries.

Safety Consultants and Workplace Safety Attorneys: Allies for Employers

In this podcast, shareholders Karen Tynan (Sacramento) and Kevin Bland (Orange County) discuss how workplace safety and health professionals and attorneys can work together to best serve their employer-clients. Kevin and Karen, who is the West Coast chair of Ogletree’s Workplace Safety and Health Practice Group, offer best practices for employers in situations that have crossed from being preventative to potential litigation. The speakers provide real-world examples of attorneys and safety consultants working together, as well as identify key problem areas. They also review the circumstances under which the attorney work-product doctrine and privileged communications come into play.

Multistate Monday: The Top 6 Groundhog Day Compliance Issues From Onboarding to Terminations and Everything in Between

In this episode of our Multistate Monday podcast series, Lucas Asper (co-chair of the firm’s Multistate Advice and Counseling Practice Group), Susan Gorey, and Alejandro Perez review the top compliance challenges that come up frequently for multistate employers. The discussion focuses on six areas that can be problematic during the lifecycle of employment: onboarding, leaves of absence, remote work, wage and hour, protective covenants, and separation. Our speakers discuss notices employers are required to provide to employees, pay transparency developments, classification challenges, minimum wage rates across states and localities, best practices on leave administration, and the latest on noncompete agreements.

Safety Perspectives From Region 6: OSHA’s Proposed Transformation of the Fire Brigade Rule

In this episode of the Safety Perspectives From Region 6 podcast series, Frank Davis (shareholder, Dallas) and John Surma (shareholder, Houston) discuss OSHA’s comprehensive proposed rule on fire brigades that would update a 40-year-old standard to cover everything from training and personal protective equipment (PPE) to physical fitness and medical requirements to vehicle operation and vehicle standards. Frank and John cover details of the 250-page rule—which stands to significantly transform the fire brigade standard into an emergency response standard focusing not only on firefighting but also on emergency medical services (EMS), tactical rescue, and equivalent services provided by employers in workplaces. Finally, they discuss how this rule would change the face of emergency response across the country.

FMLA Case Studies: Lessons From Recent Leave Litigation

In this podcast, Charles Thompson (co-chair of the firm’s Leaves of Absence/Reasonable Accommodation Practice Group), sits down with Stacy Bunck (shareholder, Kansas City), and John Stretton (office managing shareholder, Stamford) to discuss three new federal Family and Medical Leave Act (FMLA) decisions. The speakers cover the FMLA’s notice requirements and deadlines, the definition of a serious health condition, and the nuances involved with returning an employee to an equivalent position following a leave of absence.

Cross-Border Catch-Up: Considerations for Employers With Teleworkers Outside of the United States

In the first episode of our new Cross-Border Catch-Up podcast series, Patty Shapiro (San Diego) and Lina Fernandez (Boston), both of whom are members of Ogletree Deakins’ Cross-Border Practice Group, discuss a broad range of issues to consider when employers expand their businesses with remote workforces in new countries. Patty and Lina highlight the importance of balancing the desire to enter new markets with the hurdles that strict employment laws may present. Our speakers cover protections for pregnant workers and mothers returning to work after the birth of a child; challenges related to remote employment relationships; and the timing and notification requirements for conducting lawful layoffs.

COVID in California in 2024? The Isolation Guidance and Cal/OSHA’s Regulations

In this podcast, Kevin Bland and Karen Tynan discuss the latest news and guidance from California on COVID-19 protocols. Kevin, who is a shareholder in Ogletree’s Orange County office, and Karen, the West Coast chair of the firm’s Workplace Safety and Health Practice Group, cover the state’s break from federal CDC guidelines; Cal/OSHA’s non-emergency COVID-19 standards; and the new CDPH order changing protocols on outbreaks, the definition of “close contacts,” the duration of the infectious period, contact tracing, and more. Karen and Kevin also cover the shift in the definition of an outbreak from three cases in fourteen days to three cases during a seven-day period.

Safety Perspectives From Region 6: A Q&A on OSHA 300 Logs

In this episode of the Safety Perspectives From Region 6 podcast series, Frank Davis (shareholder, Dallas) and John Surma (shareholder, Houston) answer common questions about what must be recorded in OSHA 300 logs. Frank and John review the recording criteria set forth in 29 CFR 1904.7 and related agency guidance. They also cover how to determine what constitutes a significant injury or illness and days away from work, as well as rules that apply in the event of restricted work or a job transfer after an employee returns to work. They conclude with an explanation of whether a workplace qualifies as an “establishment” requiring its own injury logs under the Occupational Safety and Health Act.

Multistate Monday: A 2024 Forecast Covering the Biggest Issues of the New Year

In this installment of Multistate Monday, the co-chairs of the Multistate Advice and Counseling Practice Group, Dee Anna Hays (shareholder, Tampa), Lucas Asper (shareholder, Greenville), and Susan Gorey (of counsel, Indianapolis) provide an overview of the most pressing issues that multistate employers will be tracking in 2024. Our speakers tackle hot topics for the year, including OSHA’s amended recordkeeping and reporting requirements, OSHA’s national emphasis program on heat illness prevention, the NLRB’s final rule on joint employment, the DOL’s rule on independent contractors, the Supreme Court’s upcoming Chevron deference opinion, and federal and state developments in the area of noncompetition laws. Finally, Dee Anna, Lucas and Susan discuss the trend to legalize recreational marijuana use and various kinds of state paid leave requirements.

Dirty Steel-Toe Boots, Episode 22: The OSHA Buzz for 2024

In this episode of Dirty Steel-Toe Boots, Phillip Russell (shareholder, Tampa) is joined by Jim Plunkett (shareholder, Washington, D.C.), who is chair of Ogletree Deakins’ Governmental Affairs Practice Group and author of our weekly Beltway Buzz, to discuss the political, regulatory, and legal landscape in Washington, D.C., in 2024 and, in particular, what employers can expect from OSHA. Phillip and Jim cover the forthcoming Supreme Court decision addressing court deference to executive agencies; leadership changes at the DOL and OSHA; the federal budget and OSHA’s 2024 budget; the impending walkaround, heat, and workplace violence rules; and the impact the 2024 elections may have on all things related to OSHA.