Category Archives: Legal

Cross-Border Catch-Up: Preparing for Key Workplace Changes in Japan



In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York) and Eric Lee (New York) discuss significant amendments to Japan’s discretionary labor system. The amendments require employers to specify, in their employment agreements, whether there will be changes to the location and scope of employment and to state renewal limits for fixed-term contracts. Eric and Shirin, both of whom are members of the firm’s Cross-Border Practice Group, also address the steep legal standard for termination of employment in Japan and the narrow exemption from overtime. They wrap up with a discussion of new health and safety requirements related to rest periods, late-night work, and limits on working hours.


Cross-Border Catch-Up: Legal Updates From Around the World— Pay Equity, Hiring, and More



In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde and Eric Lee highlight recent labor and employment developments from around the globe. Shirin and Eric, both of whom are members of Ogletree Deakins’ Cross-Border Practice Group, review the new mandatory leave entitlements in Italy and comment on the challenge for cross-border employers to develop compliant policies as parental leave protections expand in Singapore. They also review the trend of broader pay equity laws, such as those recently adopted in Shanghai and Brazil; a new measure in the United Arab Emirates (UAE) that requires employers to hire UAE nationals; and an Australian law that forbids employment discrimination against employees suffering from family and domestic violence.


Cross-Border Catch-Up: Top 5 International Jurisdictions for Employment Law



In this episode of the Cross-Border Catch-Up, Shirin Aboujawde (of counsel, New York) is joined by Skye Hao (associate, Atlanta) for a fast-paced review of Shirin’s 5 favorite jurisdictions worldwide for employers. Shirin offers a synopsis of the employment law landscape in Switzerland, Hong Kong, Singapore, the United Kingdom, and the United Arab Emirates. Skye and Shirin discuss the favorable factors in these jurisdictions’ employment laws, such as whether they offer employees a right to reinstatement; the extent that they require payments at the end of the employment relationship; the ease with which employers can terminate the employment relationship (including caps on damages); and the ease with which employers can make changes to the terms and conditions of employment.


Cal/OSHA Condensed: Agency Structure, Practices, and Mission



In this podcast, shareholders Kevin Bland (Orange County) and Karen Tynan (Sacramento) discuss California’s Division of Occupational Safety and Health (Cal/OSHA). Karen, who is the West Coast chair of Ogletree’s Workplace Safety and Health Practice Group, and Kevin have a wide-ranging conversation touching on all aspects of Cal/OSHA, from organizational structure to the roles played by inspectors, district and regional managers, and the legal unit. They also share tips on how Cal/OSHA differs from federal OSHA and other state plans.


Safety Perspectives From the Dallas Region: How First Aid May Become a Recordable Injury Under OSHA’s New Interpretation



In this installment of our Safety Perspectives From the Dallas Region podcast series, Frank Davis (shareholder, Dallas) and John Surma (shareholder, Houston) are joined by Milwaukee shareholder Eric Hobbs, who is the chair of the firm’s Workplace Safety and Health Practice Group. The speakers discuss the Occupational Safety and Health Administration’s (OSHA) continued focus on ergonomics, including in some National Emphasis Programs (NEPs) and as part of the proposed Warehouse Worker Protection Act (WWPA). They also discuss whether OSHA’s recent standard interpretation means that certain common treatments may lead to the finding of a recordable restricted duty.


Workplace Strategies Watercooler 2024: Religious Discrimination—A New Day for Claims?



In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Michael Eckard (office managing shareholder, Charleston) is joined by Bonnie Martin (office managing shareholder, Indianapolis) and Andy Tanick (shareholder, Minneapolis) to discuss recent legal developments in the area of religious accommodations under Title VII of the Civil Rights Act since the Supreme Court’s ruling in Groff v. DeJoy. The speakers discuss how the murky Groff ruling has left unanswered questions about what constitutes an “undue hardship” for religious accommodation requests. They also discuss the open questions regarding what qualifies as “sincerely held” and “religious beliefs,” as new contexts for these claims arise—including complaints about the use of preferred pronouns, DEI initiatives, and more.


Workplace Strategies Watercooler 2024: The Latest From OSHA and Cal/OSHA



In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Eric Hobbs, who is chair of the firm’s Workplace Safety and Health Practice Group and a shareholder in the firm’s Milwaukee office, leads a discussion of the latest news from the Occupational Safety and Health Administration (OSHA), including the expanded electronic reporting requirements, new enforcement guidance on heat stress, the latest developments regarding safety in warehousing and fall protection, and the new proposed rule revising the walkaround inspection regulation. Eric is joined by Wayne Pinkstone (shareholder, Philadelphia) and Robert Rodriguez (shareholder, Sacramento), co-chair of the firm’s Workplace Violence Prevention Practice Group, to cover what’s to come in 2024—OSHA’s new standards on infectious diseases and workplace violence. As a bonus, Robert reviews the latest from the California Division of Occupational Safety and Health (Cal/OSHA).


Safety Basics III: The Employer’s Duty to Comply



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.


Workplace Strategies Watercooler 2024: The Complicated Web We Weave in Complying With Accommodation and Leave Laws



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.


Dirty Steel-Toe Boots, Episode 23: Preparing for an OSHA Informal Settlement Conference



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.