Category Archives: Uncategorized

Technology and the Workplace: What Employers Need to Know About NLRB General Counsel Memo 23-02

Legal, Uncategorized

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In this podcast, Tom Davis, co-chair of Ogletree Deakins’ Traditional Labor Relations Practice Group, sits down with Jenn Betts, co-chair of the firm’s Technology Practice Group, to discuss the National Labor Relations Board’s (NLRB) General Counsel (GC) Memorandum 23-02 on technology in the workplace. While technology can increase efficiencies, ensure security, increase productivity, and promote decision-making fairness, our speakers consider the concerns articulated by the General Counsel about how these tools can impact Section 7 activity. Jenn and Tom do a deep dive into the implication of memo 23-02 and how employers may need to adjust their use of technology if the GC’s perspectives are adopted by the NLRB.

Dirty Steel-Toe Boots, Episode 15: OSHA’s Expansion of the Instance-by-Instance Policy

Business, Legal

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In this episode of Dirty Steel-Toe Boots, Phillip Russell is joined by John Surma, to discuss OSHA’s January 26, 2023, press release announcing the agency’s new instance-by-instance citation policy along with two related enforcement memoranda regarding the factors for determining whether instance-by-instance citations should be issued and penalty adjustments. Phillip and John (both of whom are members of Ogletree Deakins’ Workplace Safety and Health Practice Group) discuss the implications of this move away from OSHA’s previous policy whereby the agency had the discretion to group similar citations or exposures—including significantly increased penalties multiplied by the number of instances cited. Our speakers also cover how often the agency will use this new practice and how these changes will affect the number of cases that will be contested due to the increased overall penalty exposure.

Criminal Referrals and OSHA Violations, Part I: When Movie Sets Are Under OSHA’s Spotlight

Business, Legal

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In this podcast series, Frank Davis and John Surma, members of Ogletree’s Workplace Safety and Health Practice Group, discuss the circumstances under which criminal prosecution may result from a violation of the Occupational Health and Safety (OSH) Act by doing a deep dive into the fatal shooting on set of the movie, “Rust.” Frank and John review what is required for a finding of a “willful” violation of the OSH Act’s General Duty Clause. They also focus on activity in the Occupational Safety and Health Administration’s Region 6, and the investigation of the “Rust” shooting by the New Mexico Occupational Health & Safety Bureau.

Dirty Steel Toe Boots, Episode 14: Nonmanagement Access During an OSHA Inspection

Business, Legal

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The Occupational Safety and Health Administration (OSHA) recently proposed a rule that would revive a policy allowing nonemployee representatives of labor unions and worker advocacy groups to take part in OSHA inspections. In this podcast, Frank Davis and Phillip Russell, members of Ogletree Deakins’ Workplace Safety and Health Practice Group, review the current law and how the proposed rule, if adopted, may transform and expand OSHA inspections.

Labor Relations and Organizing: What to Watch for in 2023

Legal

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In this podcast, Tom Davis, co-chair of Ogletree Deakins’ Traditional Labor Relations Practice Group, reviews recent developments in labor relations and organizing and offers helpful insights on hot topics for 2023. Tom discusses some of the reasons for the increased level and visibility of organizing and whether this trend will continue. The episode also provides an update on National Labor Relations Board (NLRB) activity and how the present political climate may influence developments. The presentation concludes with a preview of traditional labor topics to come in 2023, including handbook policies, joint-employer issues, expansion of the concept of protected concerted activity, and artificial intelligence (AI) in the workplace.

Dirty Steel-Toe Boots, Episode 13: Kicking Off 2023 With an OSHA and Workplace Safety Forecast

Business, Legal

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In this podcast, Phillip Russell, a member of Ogletree’s Workplace Safety and Health Practice Group, continues the popular Dirty Steel-Toe Boots series with a look ahead at 2023 and what to expect from the Occupational Safety and Health Administration (OSHA). Phillip reviews the reasons OSHA may be more active in 2023 and offers tips on how employers can prepare. The discussion includes insights into regulatory acceleration, political urgency, and economic forces that may shape OSHA policy and practice.

The H-1B Cap Process: How Employers Can Prepare Now

Legal

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In this podcast, Andrew Drozdowski and Kara Goray, members of Ogletree Deakins’ Immigration Practice Group, provide an overview of the H-1B cap or quota process. The H-1B visa program permits U.S. companies to employ professional foreign national workers in specialty occupations who have not previously held H-1B work visas. The speakers explain how the online registration process works and what employers can do now to prepare. Kara and Andrew also highlight considerations to keep in mind when selecting candidates, including education level, work location, and prevailing wage issues.

Foreign National Workers and RIFs: Do Layoffs Affect the Status of Foreign Talent?

Uncategorized

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In this podcast, Katie Desmond and Katherine MacIlwaine, members of Ogletree Deakins’ Immigration Practice Group, review the challenges that employers and employees face when a reduction in force (RIF) or layoff affects the employment of foreign nationals. The speakers review the varying considerations to keep in mind for workers with non-immigrant work visas, those who are in the green card process, and students with F-1 status. Katherine and Katie also provide information regarding grace periods, review the options that may be available for those in the green card process, and discuss other key topics regarding workforce reductions.

OFCCP Posting Requirements: Compliance Reminders for Federal Contractors

Uncategorized

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In this podcast, Lauren Hicks and Chris Near give an overview of the regulatory poster requirements imposed by the Office of Federal Contract Compliance Programs (OFCCP) on federal contractors. The speakers review noteworthy posters, how OFCCP will ensure they are posted during audits, digital accessibility, and best practices for regulatory compliance. Specifically, the speakers address the Equal Employment Opportunity Commission’s (EEOC) new “Know Your Rights” poster that replaced the prior “EEO is the Law” poster and supplement. The presentation covers additional compliance obligations including the pay transparency nondiscrimination poster, as well as wage and hour posting requirements imposed under the Fair Labor Standards Act (FLSA) that are applicable to federal contractors, the “Notification of Employee Rights Under Federal Labor Laws” poster, and the Uniformed Services Employment and Reemployment Rights Act (USERRA) poster. The speakers also provide best practices to successfully navigating poster compliance in an OFCCP compliance review.

Child Status Protection Act: Insights and Helpful Hypos

Uncategorized

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In this podcast, Dan Maranci and Christina Kelley discuss the Child Status Protection Act (CSPA) and how its provisions may benefit dependents who turn 21 before their green card application has been approved. The speakers review guidance on determining an applicant’s age at the time of visa availability and present several hypotheticals to demonstrate how to calculate adjusted CSPA ages. Join this podcast for important insights into this key piece of legislation and for step-by-step examples of how it applies in real world scenarios.