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In this installment of our Safety Perspectives From the Dallas Region podcast series, John Surma (shareholder, Houston) is joined by special guest Melissa Bailey (shareholder, Washington, D.C.) to discuss the Occupational Safety and Health Administration’s (OSHA) proposed rule on heat illness—“Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings.” Melissa and John explain how the rulemaking process works and discuss potential challenges if the rule becomes final. They also review key aspects of the rule, including temperature levels that trigger coverage under the standard, acclimatization protocols, mandatory rest breaks, and employee training.

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In this installment of our Safety Basics podcast series, shareholders John Surma (Houston) and Phillip Russell (Tampa) discuss the Occupational Safety and Health Act’s General Duty Clause, which allows employers to be cited for conditions that create a hazard to health or a safety risk for employees if the hazard is “recognized.” Phillip and John review the four elements of a violation, how a hazard is defined under the General Duty Clause, limitations on who is subject to the General Duty Clause and how the Occupational Safety and Health Administration applies the standard, how employers can abate a recognized hazard (including economic feasibility), and practical tips to handle and/or prevent citations.

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In this episode of our Cross-Border Catch-Up podcast series, Komlavi Atsou (shareholder, Cleveland) and Patty Shapiro (associate, San Diego), discuss the use of arbitration clauses in employment agreements in Nigeria. Komlavi shares that Nigeria’s Arbitration and Mediation Act permits arbitration as long as the agreement to arbitrate is in writing, and that there is greater flexibility for the use of arbitration clauses in separation agreements than in other types of employment agreements. The speakers also cover choice of law provisions, which are subject to a balancing test that takes into consideration the country with maximum contact to the employment relationship.

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In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York) and Lina Fernandez (Boston) discuss statutory requirements that are common outside of the United States when an employee is discharged, including payments due to employees upon a termination with cause or without cause. They also explore the high threshold many countries require to discharge employees “for cause.” Lina and Shirin provide examples from China, Costa Rica, Australia, France, Italy, Brazil, Germany, Saudi Arabia, the United Kingdom, and more.

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In this installment of the Safety Perspectives From the Dallas Region podcast series, Frank Davis (shareholder, Dallas) and John Surma (shareholder, Houston) discuss OSHA’s Whistleblower Protection Program through which OSHA enforces the whistleblower provisions of 25 federal statutes, including the OSH Act, the Sarbanes-Oxley Act, and the Surface Transportation Assistance Act. John and Frank discuss the investigation process, standards of liability, burdens of proof, and settlement agreements. They also provide practical pointers on documentation and various methods of communication with OSHA.

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In this episode of our Cross-Border Catch-Up podcast series, Carlos G. Colόn-Machargo (of counsel, Atlanta) and Lina Fernandez (associate, Boston) discuss new obligations imposed on employers in Brazil regarding the collection and publication of compensation information and other pay transparency requirements. Lina and Carlos explain the provisions of the new statute, which went into effect in July of 2023, including the obligations to collect and publish compensation information, create a compensation plan, and correct any payment inequities between male and female employees and employees of other protected categories. Carlos and Lina also cover the obligation to prepare and submit transparency reports to the Brazilian Ministry of Labor and Employment and the requirement to create action plans to mitigate inequalities in payment.

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In this episode of our Cross-Border Catch-Up podcast series, Komlavi Atsou (shareholder, Cleveland) and Patty Shapiro (associate, San Diego) provide an overview of employment law basics and common employment practices in Djibouti. Komlavi and Patty discuss probationary periods, definite and indefinite contracts, and requirements for ending the employment relationship. They also cover working hours, the statutory overtime rate, and rest breaks. They round out their conversation with a review of the Djibouti Labour Code’s requirement that employer’s provide paid leave for family emergencies and events, including marriage, birth of a child, and death of a close family member.

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In this episode of our Cross-Border Catch-Up podcast series, Skye Hao (associate, Atlanta) sits down with Carlos Colón-Machargo (of counsel, Atlanta) to discuss Puerto Rico’s relaxed requirements for remote work. Carlos and Skye cover recent changes in the country’s employment laws and their effect on employer obligations, including tax withholdings and other fiscal obligations, social security and payroll contribution filings, workers’ compensation, unemployment benefits, and short-term disability considerations, as well as the distinction in compliance requirements for domiciled versus non-domiciled workers.

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In this episode of Dirty Steel-Toe Boots, Phillip Russell (shareholder, Tampa) is joined by Dee Anna Hays (shareholder, Tampa) to discuss the proposed heat standard that the U.S. Occupational Safety and Health Administration (OSHA) issued in July 2024. Dee Anna and Phillip discuss key definitions of the new proposal—including heat index and heat illness—and the rule’s scope, in addition to exclusions for emergency response activities, incidental exposures, indoor workers, and teleworkers. Phillip and Dee Anna also explain the proposal’s obligation to designate a heat safety coordinator; to provide water, shade, and breaks; and to modify scheduling to allow for acclimatization.

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In this podcast, Kevin Bland (a shareholder in Ogletree’s Orange County office) and Karen Tynan (the West Coast chair of the firm’s Workplace Safety and Health Practice Group and a shareholder in the Sacramento office) unpack the unique challenges and operational considerations encountered by employers in the retail industry in California, including hazard identification, implementation of safety plans and training programs, and commonly-issued citations. Karen, who is also a co-chair of the firm’s Workplace Violence Prevention Practice Group, and Kevin also discuss workplace violence prevention strategies, the importance of communicating (and making available to employees) the company’s safety policies and practices, and other retail industry-specific issues for employers to consider.