Category Archives: Uncategorized

Cross-Border Catch-Up: Activities Triggering Permanent Establishment Tax Obligations



In this episode of our Cross-Border Catch-Up podcast series, Diana Nehro (shareholder, New York/Boston) and Carlos G. Colόn-Machargo (of counsel, Atlanta) discuss common employment practices that may trigger “permanent establishment” tax obligations abroad. Carlos and Diana, who is chair of the firm’s Cross-Border Practice Group, provide an overview of issues to consider when engaging workers (including contractors) abroad, or when allowing employees to work remotely abroad. The speakers review length of stay limits as well as provide examples of situations that may lead to tax obligations, including creation of intellectual property.


Safety Perspectives From the Dallas Region: 2024 OSHA Mid-Year Update



In this installment of our Safety Perspectives From the Dallas Region podcast series, shareholders Frank Davis (shareholder, Dallas) and John Surma (shareholder, Houston) discuss the new walkaround rule, its implementation and impact, and the current appeal against the rule’s enforcement that has been filed in the U.S. District Court for the Western District of Texas. John and Frank also cover other timely topics, including ergonomics, the heat national emphasis program, the emergency response standard, and a recent case decided by the Supreme Court of the United States that may have implications for employer rights with respect to OSHA citations and civil penalties.


Workplace Strategies Watercooler 2024: When Workplace Investigations Uncover Potential Crimes



In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Lisa Burton (shareholder, Boston/Portland (ME)) and Lisa Hamasaki (shareholder, San Francisco) discuss what employers can do when they discover evidence of serious criminal activities during a workplace investigation. Covering issues ranging from evidence of illegal pornography on a company computer and assaults in the workplace to embezzlement and violations of corrupt practices laws, our speakers delve into the significant layer of complexity that criminal issues add to workplace investigations. The conversation highlights issues such as reporting obligations to law enforcement and regulatory agencies, preservation of evidence, employees’ privacy concerns, and the attorney-client privilege—and provides a roadmap for handling these complex scenarios while mitigating overall risk.


Dirty Steel-Toe Boots, Episode 24: Conducting the Informal Settlement Conference



In this episode of Dirty Steel-Toe Boots, Phillip Russell (shareholder, Tampa) is joined by Lauren Lenhart (associate, Tampa) to continue their conversation about OSHA informal settlement conferences. Lauren and Phillip remind employers about the importance of identifying companies’ goals and priorities in order to achieve an optimal outcome. They also provide practical pointers on how to conduct settlement conferences, including the importance of understanding the implications of other ongoing investigations and/or related inspections, strategies for handling citation items, and effective engagement with OSHA during the conference.


Workplace Strategies Watercooler 2024: Building Team Effectiveness—Understanding and Applying DISC at Work



In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Director of Career Development Marcia Stokes, Ph.D., and Board Member Diana Nehro discuss how “behavioral styles” can impact trust and communication in addition to how employees and managers can leverage their styles and those of their team to minimize conflict and misunderstanding. As the creator of the Building Team Effectiveness DISC workshop—a behavioral assessment tool that is used to understand how our observable behaviors are being perceived by others, Marcia explains how DISC can be used to help teams communicate more effectively by intentionally tapping into the strengths of team members’ communication styles. Diana (shareholder, New York/Boston) also explains how she has put these tools into practice as chair of the firm’s Cross-Border Practice Group.


TECHPLACE™ Talk: OFCCP Guidance on Federal Contractors’ Use of AI



In this episode of our TECHPLACE Talk podcast series, Jenn Betts, who is co-chair of the firm’s Technology Practice Group, is joined by Scott Kelly and Lauren Hicks to discuss the Office of Federal Contract Compliance Programs’ (OFCCP) first detailed guidance on federal contractors’ use of artificial intelligence (AI) and automated systems. Scott (chair of Ogletree’s OFCCP Compliance, Government Contracting, and Reporting Practice Group) and Lauren review employer obligations, potential risks that arise with AI, and practice pointers. The speakers note that non-federal contractor employers may find the OFCCP guidance helpful when developing best practices.


Cross-Border Catch-Up: Preparing for Key Workplace Changes in Japan



In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York) and Eric Lee (New York) discuss significant amendments to Japan’s discretionary labor system. The amendments require employers to specify, in their employment agreements, whether there will be changes to the location and scope of employment and to state renewal limits for fixed-term contracts. Eric and Shirin, both of whom are members of the firm’s Cross-Border Practice Group, also address the steep legal standard for termination of employment in Japan and the narrow exemption from overtime. They wrap up with a discussion of new health and safety requirements related to rest periods, late-night work, and limits on working hours.


Cross-Border Catch-Up: Legal Updates From Around the World— Pay Equity, Hiring, and More



In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde and Eric Lee highlight recent labor and employment developments from around the globe. Shirin and Eric, both of whom are members of Ogletree Deakins’ Cross-Border Practice Group, review the new mandatory leave entitlements in Italy and comment on the challenge for cross-border employers to develop compliant policies as parental leave protections expand in Singapore. They also review the trend of broader pay equity laws, such as those recently adopted in Shanghai and Brazil; a new measure in the United Arab Emirates (UAE) that requires employers to hire UAE nationals; and an Australian law that forbids employment discrimination against employees suffering from family and domestic violence.


Cross-Border Catch-Up: Top 5 International Jurisdictions for Employment Law



In this episode of the Cross-Border Catch-Up, Shirin Aboujawde (of counsel, New York) is joined by Skye Hao (associate, Atlanta) for a fast-paced review of Shirin’s 5 favorite jurisdictions worldwide for employers. Shirin offers a synopsis of the employment law landscape in Switzerland, Hong Kong, Singapore, the United Kingdom, and the United Arab Emirates. Skye and Shirin discuss the favorable factors in these jurisdictions’ employment laws, such as whether they offer employees a right to reinstatement; the extent that they require payments at the end of the employment relationship; the ease with which employers can terminate the employment relationship (including caps on damages); and the ease with which employers can make changes to the terms and conditions of employment.


Cal/OSHA Condensed: Agency Structure, Practices, and Mission



In this podcast, shareholders Kevin Bland (Orange County) and Karen Tynan (Sacramento) discuss California’s Division of Occupational Safety and Health (Cal/OSHA). Karen, who is the West Coast chair of Ogletree’s Workplace Safety and Health Practice Group, and Kevin have a wide-ranging conversation touching on all aspects of Cal/OSHA, from organizational structure to the roles played by inspectors, district and regional managers, and the legal unit. They also share tips on how Cal/OSHA differs from federal OSHA and other state plans.