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In this installment of the Safety Perspectives From the Dallas Region podcast series, Frank Davis (shareholder, Dallas) and John Surma (shareholder, Houston) discuss OSHA’s Whistleblower Protection Program through which OSHA enforces the whistleblower provisions of 25 federal statutes, including the OSH Act, the Sarbanes-Oxley Act, and the Surface Transportation Assistance Act. John and Frank discuss the investigation process, standards of liability, burdens of proof, and settlement agreements. They also provide practical pointers on documentation and various methods of communication with OSHA.

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In this episode of our Cross-Border Catch-Up podcast series, Carlos G. Colόn-Machargo (of counsel, Atlanta) and Lina Fernandez (associate, Boston) discuss new obligations imposed on employers in Brazil regarding the collection and publication of compensation information and other pay transparency requirements. Lina and Carlos explain the provisions of the new statute, which went into effect in July of 2023, including the obligations to collect and publish compensation information, create a compensation plan, and correct any payment inequities between male and female employees and employees of other protected categories. Carlos and Lina also cover the obligation to prepare and submit transparency reports to the Brazilian Ministry of Labor and Employment and the requirement to create action plans to mitigate inequalities in payment.

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In this episode of our Cross-Border Catch-Up podcast series, Komlavi Atsou (shareholder, Cleveland) and Patty Shapiro (associate, San Diego) provide an overview of employment law basics and common employment practices in Djibouti. Komlavi and Patty discuss probationary periods, definite and indefinite contracts, and requirements for ending the employment relationship. They also cover working hours, the statutory overtime rate, and rest breaks. They round out their conversation with a review of the Djibouti Labour Code’s requirement that employer’s provide paid leave for family emergencies and events, including marriage, birth of a child, and death of a close family member.

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In this episode of our Cross-Border Catch-Up podcast series, Skye Hao (associate, Atlanta) sits down with Carlos Colón-Machargo (of counsel, Atlanta) to discuss Puerto Rico’s relaxed requirements for remote work. Carlos and Skye cover recent changes in the country’s employment laws and their effect on employer obligations, including tax withholdings and other fiscal obligations, social security and payroll contribution filings, workers’ compensation, unemployment benefits, and short-term disability considerations, as well as the distinction in compliance requirements for domiciled versus non-domiciled workers.

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In this episode of Dirty Steel-Toe Boots, Phillip Russell (shareholder, Tampa) is joined by Dee Anna Hays (shareholder, Tampa) to discuss the proposed heat standard that the U.S. Occupational Safety and Health Administration (OSHA) issued in July 2024. Dee Anna and Phillip discuss key definitions of the new proposal—including heat index and heat illness—and the rule’s scope, in addition to exclusions for emergency response activities, incidental exposures, indoor workers, and teleworkers. Phillip and Dee Anna also explain the proposal’s obligation to designate a heat safety coordinator; to provide water, shade, and breaks; and to modify scheduling to allow for acclimatization.

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In this podcast, Kevin Bland (a shareholder in Ogletree’s Orange County office) and Karen Tynan (the West Coast chair of the firm’s Workplace Safety and Health Practice Group and a shareholder in the Sacramento office) unpack the unique challenges and operational considerations encountered by employers in the retail industry in California, including hazard identification, implementation of safety plans and training programs, and commonly-issued citations. Karen, who is also a co-chair of the firm’s Workplace Violence Prevention Practice Group, and Kevin also discuss workplace violence prevention strategies, the importance of communicating (and making available to employees) the company’s safety policies and practices, and other retail industry-specific issues for employers to consider.

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In this episode of our Cross-Border Catch-Up podcast series, Diana Nehro (shareholder, New York/Boston) and Carlos G. Colόn-Machargo (of counsel, Atlanta) discuss common employment practices that may trigger “permanent establishment” tax obligations abroad. Carlos and Diana, who is chair of the firm’s Cross-Border Practice Group, provide an overview of issues to consider when engaging workers (including contractors) abroad, or when allowing employees to work remotely abroad. The speakers review length of stay limits as well as provide examples of situations that may lead to tax obligations, including creation of intellectual property.

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In this installment of our Safety Perspectives From the Dallas Region podcast series, shareholders Frank Davis (shareholder, Dallas) and John Surma (shareholder, Houston) discuss the new walkaround rule, its implementation and impact, and the current appeal against the rule’s enforcement that has been filed in the U.S. District Court for the Western District of Texas. John and Frank also cover other timely topics, including ergonomics, the heat national emphasis program, the emergency response standard, and a recent case decided by the Supreme Court of the United States that may have implications for employer rights with respect to OSHA citations and civil penalties.

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In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Lisa Burton (shareholder, Boston/Portland (ME)) and Lisa Hamasaki (shareholder, San Francisco) discuss what employers can do when they discover evidence of serious criminal activities during a workplace investigation. Covering issues ranging from evidence of illegal pornography on a company computer and assaults in the workplace to embezzlement and violations of corrupt practices laws, our speakers delve into the significant layer of complexity that criminal issues add to workplace investigations. The conversation highlights issues such as reporting obligations to law enforcement and regulatory agencies, preservation of evidence, employees’ privacy concerns, and the attorney-client privilege—and provides a roadmap for handling these complex scenarios while mitigating overall risk.

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In this episode of Dirty Steel-Toe Boots, Phillip Russell (shareholder, Tampa) is joined by Lauren Lenhart (associate, Tampa) to continue their conversation about OSHA informal settlement conferences. Lauren and Phillip remind employers about the importance of identifying companies’ goals and priorities in order to achieve an optimal outcome. They also provide practical pointers on how to conduct settlement conferences, including the importance of understanding the implications of other ongoing investigations and/or related inspections, strategies for handling citation items, and effective engagement with OSHA during the conference.