Category Archives: Uncategorized

Workplace Strategies Watercooler 2023: Managing the Multigenerational Workforce



This podcast, which we recorded at Ogletree Deakins’ national Workplace Strategies seminar, explores the multifaceted age composition of the workplace from Baby Boomers and Generation X to Millenials and Generation Z. Our speakers, Bill Grob (Shareholder, Tampa) and Tiffany Cox Stacy (Shareholder, San Antonio) acknowledge the varying ways in which employees of different age ranges approach their jobs—with regard to a variety of factors such as adaptability, tech-savviness, communication and engagement styles, loyalty, work-life balance, and more—and what this means for employers that have multigenerational workforces. The speakers also discuss the benefits and challenges of having employees from multiple generations on a single team, especially given the prevalence of remote and hybrid workplaces.


Workplace Strategies Watercooler 2023: Disciplining Employees in Tricky Situations



In this podcast, recorded at the firm’s national Workplace Strategies seminar, Amanda Quan, the office managing shareholder of the firm’s Cleveland office, and Stephen Quezada, a shareholder in our Houston office, discussed disciplining an employee who has engaged in a protected activity.  Our speakers offered ten practical steps that employers can take to minimize the risk of a retaliation claim when disciplining employees who have engaged in protected activities, such as making a harassment or discrimination claim, requesting a leave of absence or accommodation, filing a workers’ compensation claim, or reporting a safety concern. Amanda and Stephen offer key takeaways related to the documentation and timing of employee discipline.


Workplace Strategies Watercooler 2023: Neurodiversity at Work—Innovative Practices for Integrating Uniquely Talented Individuals



In this podcast, which was recorded at the firm’s national Workplace Strategies seminar, shareholders Timothy Reed (San Francisco) and Phillip Russell (Tampa) reflect on the ever-changing compositions of modern-day workforces, including neurodiverse employees, whose unique skills provide valuable solutions for many workplaces. Our speakers provide tips and takeaways on how employers can onboard and develop neurodiverse employees. Tim and Phillip also cover the various types of neurodiversities that may be present in the workforce and ways employers can embrace it at work.


Workplace Strategies Watercooler 2023: Ogletree Deakins’ Annual Benchmarking Survey—Headlines and Trends



This podcast, which was recorded at Ogletree Deakins’ national Workplace Strategies seminar, features a review of the firm’s third annual benchmarking report, Strategies and Benchmarks for the Workplace: Ogletree’s Survey of Key Decision-Makers, which gathered feedback from nearly 1,100 in-house counsel and senior HR professionals. Our speakers, Bud Bobber, chair of the firm’s Manufacturing Practice Group, is joined by Chief Client Services Officer Jim McGrew, and Jenn Betts, who is co-chair of the firm’s Technology Practice Group, highlighted key findings and takeaways from the report, including the top labor and employment challenges for employers. The speakers also noted trends surrounding those challenges, which include hiring and retention, multistate compliance, pay transparency, AI in the workplace, and more.


Workplace Strategies Watercooler 2023: All Things ADA, LOA, FMLA, and Reasonable Accommodations



This episode of Workplace Strategies Watercooler, which was recorded at Ogletree Deakins’ national Workplace Strategies seminar, features a discussion of reasonable accommodations issues emerging from the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), state paid leave laws, and mini-FMLA laws. Our speakers, Shareholder Charles L. Thompson, IV, who is a co-chair of the Ogletree Deakins Leaves of Absence/Reasonable Accommodations group, was joined by Shareholder Stacy M. Bunck (Kansas City) and Shareholder John G. Stretton (Stamford). The podcast addresses the many facets of employers’ accommodations obligations, including timeframes for action, the interactive process, documentation requirements, intermittent claims, and return-to-work issues.


Workplace Strategies Watercooler 2023: Multistate Monday—Updating Your Multistate Handbooks and Employment Agreements



This episode of Multistate Monday, which was recorded at Ogletree Deakins’ national Workplace Strategies seminar, features a discussion of how multistate employers can craft, revise, and implement handbooks in the face of emerging federal, state, and local developments. Our attorneys, Shareholder Dee Anna Hays, chair of Ogletree Deakins’ Multistate Advice and Counseling Practice Group, Shareholder Lucas Asper, Shareholder Christine Bestor Townsend, cochair of the firm’s Unfair Competition and Trade Secrets Practice Group, were joined by a guest speaker who is a senior human resources professional for a growing multistate employer. The panelists address key considerations in structuring multistate employment handbooks, the uptick in state limitations on restrictive covenants, and best practices related to the timing and consideration for such agreements.


Job Hazard Analysis: Pre-Test Planning, Communication, and Documentation



In this podcast, Frank Davis (Shareholder, Dallas) and John Surma (Shareholder, Houston)  discuss job hazard analysis and pre-test planning. Frank and John—both members of Ogletree’s Workplace Safety and Health Practice Group—address how and when to conduct an analysis, who to involve in the process, the importance of communication, and methods of documentation. They offer insights and best practices for identifying hazards so that they can be eliminated or reduced to an acceptable risk level.


Texas’s SB 240: State Legislature Passes Workplace Violence Prevention Act



In this podcast, John Surma and Frank Davis are joined by Ryan Swink to discuss Texas’s Senate Bill (SB) 240—which imposes workplace violence requirements on covered healthcare facilities. Specifically, SB 240, which is also known as the Workplace Violence Prevention Act, requires health care facilities to adopt, implement, and enforce written workplace violence prevention programs and written prevention plans. The law also requires covered health care facilities to create workplace violence prevention committees and authorizes existing facility committees to develop a workplace violence prevention plan. The speakers also discuss how the new law interplays with Texas’s law on the open carry of firearms.


Rapid Response Investigations Are on the Rise: Best Practices for Employer Responses



In this podcast, John Surma and Frank Davis (both of whom are members of Ogletree Deakins’ Workplace Safety and Health Practice Group) discuss Rapid Response Investigations (RRIs), a tool that the Occupational Safety and Health Administration (OSHA) is using with increasing frequency. Frank and John review best practices for employer response to RRI letters, including the importance of timeliness; the utility of including a robust description of the employer’s business or industry and safety program; and a discussion on which employees to include on the employer’s investigation team.


OSHA’s Programmed Inspections and What Triggers an Unprogrammed Inspection



In this podcast, John Surma and Frank Davis, members of Ogletree Deakins’ Workplace Safety and Health Practice Group discuss unprogrammed inspections conducted by the Occupational Safety and Health Administration (OSHA). Frank and John provide an overview of the four triggers of such inspections: imminent danger; fatalities and catastrophes; complaints by employees, unions, or third parties; and referrals by other agencies. They also offer practical takeaways for employers that may be subject to an unprogrammed inspection.