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In this installment of Multistate Monday, the co-chairs of the Multistate Advice and Counseling Practice Group, Dee Anna Hays (shareholder, Tampa), Lucas Asper (shareholder, Greenville), and Susan Gorey (of counsel, Indianapolis) provide an overview of the most pressing issues that multistate employers will be tracking in 2024. Our speakers tackle hot topics for the year, including OSHA’s amended recordkeeping and reporting requirements, OSHA’s national emphasis program on heat illness prevention, the NLRB’s final rule on joint employment, the DOL’s rule on independent contractors, the Supreme Court’s upcoming Chevron deference opinion, and federal and state developments in the area of noncompetition laws. Finally, Dee Anna, Lucas and Susan discuss the trend to legalize recreational marijuana use and various kinds of state paid leave requirements.

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In this episode of Dirty Steel-Toe Boots, Phillip Russell (shareholder, Tampa) is joined by Jim Plunkett (shareholder, Washington, D.C.), who is chair of Ogletree Deakins’ Governmental Affairs Practice Group and author of our weekly Beltway Buzz, to discuss the political, regulatory, and legal landscape in Washington, D.C., in 2024 and, in particular, what employers can expect from OSHA. Phillip and Jim cover the forthcoming Supreme Court decision addressing court deference to executive agencies; leadership changes at the DOL and OSHA; the federal budget and OSHA’s 2024 budget; the impending walkaround, heat, and workplace violence rules; and the impact the 2024 elections may have on all things related to OSHA.

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In this podcast, Charles Thompson (co-chair of the firm’s Leaves of Absence/Reasonable Accommodation Practice Group) sits down with Stacy Bunck (shareholder, Kansas City) and John Stretton (office managing shareholder, Stamford) to discuss three new reasonable accommodation decisions brought under the Americans with Disabilities Act (ADA). They cover aspects of the litigation regarding remote work and whether applicants are qualified for a position. Charles, Stacy, and John also cover the courts’ emphasis on the duties and essential functions of the job in considering whether a requested accommodation is reasonable.

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In this episode of the Safety Perspectives From Region 6 podcast series, Frank Davis and John Surma discuss the Occupational Safety and Health Administration’s (OSHA) new rule that requires some employers to submit injury and illness data electronically. Frank (shareholder, Dallas) and John (shareholder, Houston) review which employers are covered under the rule’s employee-count and industry definitions and where to find helpful information on the OSHA website. They also break down applicable deadlines, including the traditional February 1 posting deadline for the paper OSHA Form 300A and the new March 2 electronic submission deadline. John and Frank also cover the need to protect employees’ personally identifiable information and employers’ confidential and proprietary business information.

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In the first episode of the Safety Perspective From Region 6 podcast series in 2024, shareholders Frank Davis and John Surma offer practical tips for starting the new year off right, including reviewing records for accuracy and completeness, confirming that all trainings are up to date, and examining the workplace for hazards. Frank and John discuss OSHA Injury and Illness Recordkeeping Form 300, Form 300A, and Form 301, and they address the importance of checking that the logs match, are certified and signed, include proper coding, and are posted at the required time.

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In this episode of the Safety Perspectives From Region 6 podcast, Frank Davis (shareholder, Dallas) and John Surma (shareholder, Houston) recap workplace safety and health developments from 2023, including the announced expansion of the instance-by-instance citation policy and whether it led to increased grouping of violations of the same standard into one citation. Frank and John also look ahead to 2024 and discuss the likelihood of new standards for heat injury and illness, infectious disease protections, workplace violence, and the future of the walkaround rule.

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In this installment of Multistate Monday, Dee Anna Hays, who is chair of the Multistate Advice and Counseling Practice Group, and Susan Gorey (of counsel, Indianapolis) are joined by Rebecca Bennett and Ben Perry to discuss multijurisdictional data privacy issues. Ben and Rebecca, both of whom are members of Ogletree’s Cybersecurity and Privacy Practice Group, discuss comprehensive data privacy laws, such as the GDPR and the CCPA/CPRA, and a number of areas that are related, including biometric privacy laws, employee monitoring, artificial intelligence, and surveillance. Our speakers discuss the surge in data breach lawsuits, common causes of action, data subject rights, and statutory private rights of action.

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In this podcast, Kevin Bland and Karen Tynan discuss skylight fall cases they have handled over the years and the unique issues these cases present for employers. From fall protection standards and due diligence requirements to BOI investigations and potential criminal penalties, this conversation covers a number of considerations for employers to keep in mind regarding skylight incidents. Kevin, a shareholder in Ogletree’s Orange County office, and Karen, who is the West Coast chair of Ogletree’s Workplace Safety and Health Practice Group, also discuss the impact these events have on coworkers, post-incident tips, and preventive measures.

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In this episode of our Safety Perspectives From Region 6 podcast, Frank Davis and John Surma review the October 31, 2023, memorandum of understanding entered into by the Occupational Safety and Health Administration (OSHA) and the National Labor Relations Board (NLRB). Frank and John discuss the impact of the agencies’ agreement to share information and to potentially conduct coordinated investigations and inspections. They also offer practical tips to help prepare employers for this new framework, including how effective and timely communication with employees may foster positive employee relations and lessen the chance of complaints that can lead to government investigations.

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In this episode of the Safety Perspectives From Region 6 podcast, John Surma (shareholder, Houston) and Frank Davis (shareholder, Dallas) discuss the increasing number of ineffective training citations that the Occupational Safety and Health Administration (OSHA) has been issuing. John and Frank provide practical pointers on how to make training more effective, including tailoring training to different learning styles. The speakers cite videos, lectures, demonstrations, and hands-on exercises as teaching methods that can lead to successful training and a safe workplace.