Category Archives: Uncategorized

A Deeper Dive Into Cal/OSHA Litigation, Part Three: Due Process, Vagueness, and Independent Contractors



In the third episode of our three-part podcast series on Cal/OSHA litigation, Karen Tynan and Kevin Bland discuss violations of due process such as whether Cal/OSHA workplace safety citations and notices of penalty give clear notice and provide employers with the ability to prepare a defense. In addition, the speakers discuss whether workers may be independent contractors and the ins and outs of employee misclassifications under California’s new ABC test.


California’s Fair Chance Act: New Criminal History Use Regulations on the Ban-the-Box Law



In this podcast, Charles Thompson and Betsy Johnson discuss the California Fair Chance Act and the new regulations and guidance that the California Fair Employment and Housing Council and Department of Fair Employment and Housing have issued about the law. The speakers explain the state law’s prohibitions on what employers can ask applicants regarding their criminal histories in addition to covering local ban-the-box ordinances.


A Deeper Dive Into Cal/OSHA Litigation, Part Two: Jurisdiction and Citation Classifications



In the second episode of our three-part podcast series on Cal/OSHA litigation, Karen Tynan and Kevin Bland discuss Cal/OSHA’s jurisdiction versus the jurisdiction of the federal Occupational Safety and Health Administration (OSHA). In addition, the speakers discuss the various classifications of workplace safety citations, including classification and characterization appeals.


Global Solutions, Flash Briefing: Mexico’s Outsourcing Laws and Internal Work Regulations



In this episode of the Global Solutions podcast series, Mauricio Romero discusses Mexico’s laws regarding outsourcing and subcontracting work. The speaker also explains mandatory internal work regulations in Mexico.


A Deeper Dive Into Cal/OSHA Litigation, Part One: Appeals, Defenses, and Burdens of Proof



In the first episode of our three-part podcast series on Cal/OSHA litigation, Karen Tynan and Kevin Bland discuss the burden of proof in litigation over a Cal/OSHA citation, late-filed appeals, late petitions for reconsideration, and reporting requirements for serious injuries. The speakers also address affirmative defenses regarding the length of time to issue citations.


COVID-19 Litigation and Labor Relations: Recent Union Trends During the Pandemic



In this podcast, Ashley Cuttino and Bindu Gross discuss the wide scope of the National Labor Relations Act (NLRA) on both unionized and nonunionized workforces. The speakers also explain recent tactics unions have used to promote organizing during the COVID-19 pandemic.


Global Solutions, Episode 17: Global Mask Requirements



In this episode of the Global Solutions podcast series, Rebecca Marks and Andre Appel provide a high-level roundup of mask mandates in various countries around the world. The speakers explain how these mandates impact employers and the new enforcement requirements for their workplaces.


The Top Five Remote Workplace Investigation Mistakes



In this podcast, Andre’ Caldwell and Diana Nehro discuss lessons learned about conducting remote workplace investigations during the COVID-19 pandemic. The speakers explain the benefits of flexibility, how company culture matters to investigation results, the advantages of planning ahead, and mastering technological devices that facilitate remote investigations.


Global Solutions, Episode 16: An Overview of COVID-19 Litigation



In this episode of the Global Solutions podcast series, Bonnie Puckett and Dan Dauplaise discuss variations in international laws on at-will employment, severance, terminations for cause, and terminations of employment agreements. The speakers explain COVID-19-related dismissals and the various ways they can be challenged through litigation across the globe.


Global Solutions, Episode 15: Policy Updates During a Global Pandemic



In this episode of the Global Solutions series, Alexis Borestel and Mami Kato discuss internal work rules, and how employers may wish to modify them in response to the global COVID-19 pandemic. The speakers explain internal regulations and work rules in effect in a number of European countries, as well as in Japan, South Korea, Peru, China, and other nations.