Category Archives: Legal

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.


Workplace Strategies Watercooler 2024: People Problems—Strategies for Dealing With Problem Employee Situations



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.


Workplace Strategies Watercooler 2024: Out of Office—Managing a Remote Work Environment



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.