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In this installment of Ogletree Deakins’ Safety Basics podcast series, John Surma (shareholder, Houston) sits down with Jennifer Yanni (of counsel, Orange County) to discuss employers’ duty to comply with the Occupational Safety and Health Administration’s (OSHA) standards and regulations. Jennifer and John cover both the general and special duty standards under the Occupational Safety and Health (OSH) Act, Injury Illness and Prevention Program (IIPP) regulations and violations, and defenses available to employers for various OSHA citations.

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In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Sheri Giger (shareholder, Pittsburgh) and Charles Thompson (shareholder, San Francisco) identify gaps that employers may have in their reasonable accommodation and leave of absence processes. Sheri and Charles, who is co-chair of the firm’s Leaves of Absence/Reasonable Accommodation Practice Group, discuss the intersection of the FMLA, ADA, and PWFA; workers’ compensation; reasonable accommodation obligations; short- and long-term disability laws; light duty under the ADA; and state law. The speakers offer practical tips, including identifying key internal players, checking for compliance gaps, and not taking a wrong turn when handling leave and accommodation requests.

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In this episode of Dirty Steel-Toe Boots, Phillip Russell (shareholder, Tampa) is joined by Lauren Lenhart (associate, Tampa) to discuss how to prepare for an OSHA informal settlement conference. Lauren and Phillip cover the aftermath of an OSHA citation, including the Occupational Safety and Health Review Commission’s (OSHRC) analysis of the citation, a preliminary assessment of the classification of each citation, negotiation of a monetary penalty for each citation, documentation of abatement, and investigation of citations. Phillip and Lauren also explain the importance of discussing corrective measures with OSHA and demonstrating the employer’s commitment to safety. Stay tuned for the next episode that will cover how to conduct the settlement conference.

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In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Burton Garland (shareholder, St. Louis) sits down with Trina Ricketts (shareholder, Kansas City) to discuss strategies to effectively deal with the ten types of toxic employees that can be found in the workplace—including the bully, the narcissist, the back stabber, the unmotivated, and more. Trina and Burt provide practical insights on dealing with some all-too-common, yet complicated, employee situations. Our speakers discuss how these situations can affect business reputation, employee morale, company culture, and, in some cases, revenue—in addition to practical ways to combat these issues.

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In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Kristin Higgins (office managing shareholder, Dallas) is joined by Mike Mahoney (shareholder, Morristown/New York) to discuss the unique challenges employers face when managing a remote or hybrid work environment. Kristin and Mike, who is chair of the firm’s Payroll, Tax, and Fringe Benefits subgroup, discuss the tax consequences that may arise when employees work in different jurisdictions from those in which an employer is registered to do business. In addition, Mike and Kristin review best practices on a range of remote work issues, including expense reimbursements for home-office equipment and travel back to brick and mortar facilities in different states.

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In this installment of our Safety Perspectives From the Dallas Region podcast series, John Surma (shareholder, Houston) and Frank Davis (shareholder, Dallas), discuss S. 4260, The Warehouse Worker Protection Act (WWPA), which was recently introduced in the U.S. Senate. The WWPA would limit production requirements for warehouse workers and the disciplinary measures that employers may impose for failures to meet those limits. Frank and John review which industries would be covered by the WWPA, the proposed creation of a Fairness and Transparency Office within the Department of Labor’s Wage and Hour Division, and the steep fines employers would face for failure to comply.

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In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Sam Fulkerson (shareholder, Oklahoma City), Maria Danaher (shareholder, Pittsburgh), and Mike Sexton (shareholder, Orange County) reflect on the pros and cons of mediation—given the high cost of litigation and the fact that fewer than 2 percent of employment law cases ever make it to trial. Maria, Mike, and Sam discuss what to expect in mediation, covering everything from procedures and logistics to best strategies for optimal cost-benefit resolution. The speakers also cover the benefits and hazards of virtual mediation, including the results of a recent national empirical study completed by an Ogletree Deakins attorney and others on the experiences of employment law practitioners with virtual mediation.

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In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Ben Perry (of counsel, Nashville) Hera S. Arsen (Ph.D.) discuss the latest cybersecurity and privacy issues, risks, and challenges that employers are facing. In addition to reviewing what to do in the face of a data breach, Ben discusses how data privacy laws, such as the California Consumer Privacy Act, apply in the employment context, focusing on notice/opt-out requirements and employee rights. Additionally, Ben covers best practices for risk mitigation, managing data breaches when they happen, and handling employers’ legal notification responsibilities. Finally, Ben addresses trending issues such as biometrics, employee monitoring, and the use of artificial intelligence in the workplace, including their application to the remote work environment.

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In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Jennifer Colvin (shareholder, Chicago), David Zwisler (shareholder, Denver), and Larry Shapero (shareholder, Seattle) discuss state law changes and trends expanding employee protections and employer obligations from CROWN Acts, rules regarding lawful off-duty conduct, and pay transparency mandates to prohibitions on noncompetes and NDAs. Jen, David, and Larry start off with a discussion of state laws on protected characteristics that are growing in number and scope across the country. The speakers also examine how states and local governments are expanding protections for historically and newly identified classes of individuals—varying widely by jurisdiction—and what employers need to know.

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In this episode of Ogletree Deakins’ Cross-Border Catch-Up podcast series, Eric Lee (New York) is joined by Skye Hao (Atlanta) to discuss performance-based terminations in South Korea. Skye and Eric cover the stringent requirements and objective evaluation criteria mandated by the Labor Standards Act of Korea for an employer to discharge an employee for poor performance. They also review a recent supreme court ruling in South Korea, confirming the country’s high bar for unilateral termination of an employee based on performance.