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In this podcast, Dee Anna Hays and Susan Gorey are joined by John Merrell, who is a member of our Traditional Labor Relations Practice Group, to discuss the pros and cons of having a social media policy. Our speakers specifically focus on the considerations employers should keep in mind when updating and drafting their social media policies, such as protected concerted activity (PCA) under the National Labor Relations Act (NLRA). They also cover the importance of having and implementing policies that consider their company’s best interest, while being careful to avoid those that may have a “chilling effect” on employees’ right to engage in PCA on social media.

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In this episode of the Safety Perspectives From Region 6 podcast, Frank Davis and John Surma review the Occupational Safety and Health Administration’s (OSHA) national emphasis programs (NEPs), as well as regional and local emphasis programs, which focus OSHA and state-plan resources on particular hazards and high-hazard industries. Frank and John discuss an array of emphasis programs—including a new national emphasis program that relates to warehousing and distribution center businesses—inspection protocols, and the importance of training. They also cover several emphasis programs specific to Region 6.

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In this podcast, Tiffany Coburn and Natalie McEwan discuss Senate Bill (SB) 1718, Florida’s new immigration law, which took effect on July 1, 2023, and its mandate on Florida employers with more than 25 employees to use E-Verify for employees hired after the law’s effective date. Our speakers discuss employers’ obligations with regard to the knowing employment of unauthorized individuals and the employer defenses for hiring unauthorized individuals. The law also adds state civil and criminal penalties for violations of its provisions and is expected to increase state law enforcement’s capabilities in administering immigration rules and requirements.

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In this podcast, shareholders Kevin Bland (Orange County) and Karen Tynan (Sacramento) provide an update on enforcement trends at Cal/OSHA, including the rise in citations for failure to adhere to an Injury and Illness Prevention Program (IIPP). Karen and Kevin also give practical pointers for dealing with requests made during an investigation, from written requests to requests for demonstrations. They also discuss “late appeals” cases and the importance of responding to citations in a timely manner.

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In this podcast, Amanda Mullane and Claudia Martorell provide an overview of the temporary COVID-19 policy permitting employers to inspect documents remotely for the I-9 and to complete the I-9 virtually until they returned to in-person operations or until the policy ended on July 31, 2023. Our speakers discuss the compliance expectations on employers, including details on the 30-day grace period (until August 30) to start verifying documents physically, and the exception permitting qualified employers to fulfill the inspection requirements remotely if they were enrolled in E-Verify at the time that the I-9 was completed. Our speakers focus on the significance of the shift from remote to in-person verification of documents, the rules on the use of authorized representatives, and the required notifications to employees.

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In this podcast, Lauren Hicks and Chris Near discuss updates to the Voluntary Self-Identification of Disability Form, which federal contractors and subcontractors must implement by July 25, 2023. Lauren and Chris, who are both members of the firm’s Affirmative Action and OFCCP Compliance Practice Group, examine the threshold requirements for completing the form, review the changes to the form made by the Office of Federal Contract Compliance Programs (OFCCP), and provide practical tips for implementation and document retention.

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In this podcast, Frank Davis and John Surma discuss the Occupational Safety and Health Administration’s (OSHA) recently issued “Hurricane eMatrix,” a hazard and risk assessment tool that contains guidance for preparing and engaging in response efforts associated with hurricanes that make landfall. Frank and John review the e-Matrix’s hazard-specific recommendations, heat illness guidance, and training expectations for employees working in hurricane recovery. They also discuss how the guidance found in the eMatrix may indicate that OSHA is shifting from a compliance-focused approach to an enforcement-focused approach.

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In this podcast, shareholders Kevin Bland and Karen Tynan discuss how companies can achieve an effective safety culture to drive reduced injuries, near misses, and incidents as well as create a more holistic approach to safety in the workplace. Karen and Kevin are joined by safety professional Kelly Bernish to discuss what actions employers can take that would allow a safety culture to permeate the fabric of a company from top to bottom and how to train employees to appreciate the value of evaluating risk.

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In this podcast, Kevin Bland, who is a member of Ogletree’s Workplace Safety and Health Practice Group, and Karen Tynan, who is chair of the firm’s West Coast OSHA practice, discuss the California Occupational Safety and Health Standards Board’s COVID-19 Prevention Non-Emergency Regulation. Kevin and Karen highlight the notable differences between this standard and the emergency temporary standards, including the end of exclusion pay, the “close contact” definition, contact tracing, and reduced directions for face covering. Kevin and Karen also discuss enforcement activity and the push for a general industry aerosol transmissible diseases standard.

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In this episode of Dirty Steel-Toe Boots, host Phillip Russell is joined by Dee Anna Hays for a close-up look at the Occupational Safety and Health Administration’s (OSHA) multi-employer citation policy, which applies when multiple employers are working at a single job site. Phillip and Dee Anna review the four categories of employers covered by the policy: creating employers, controlling employers, exposing employers, and correcting employers. They review the criteria for identifying the employer categories, as well as the standards of care that apply. Phillip and Dee Anna also discuss the closely-related topic of temporary employees, and the duties of host employers.