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In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York) and Patty Shapiro (San Diego) discuss the role of treaties in cross-border employment. Shirin and Patty cover tax, immigration, and other logistical treaties, specifically tax residency issues for temporary workers; permanent establishment considerations; business registration and corporate tax obligations; document authentication, verification, and submission requirements; as well as other global workforce matters that may be impacted by treaty terms and conditions.

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In this episode of our Cross-Border Catch-Up podcast series, Carlos Colón-Machargo (Atlanta) sits down with Shirin Aboujawde (New York) to discuss the Overseas Employment Certificate (OEC) requirement that Filipino law imposes on employers that employ remote workers who are Philippines citizens. Carlos and Shirin specifically cover the various stages of the OEC approval process, from submitting an employee offer letter to fulfilling education, training, and medical examination requirements. The speakers also discuss potential travel restrictions and detentions of Filipino national employees in the absence of having a valid OEC, and what steps employers can take when facing these cross-border challenges.

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In this episode of our Cross-Border Catch-Up podcast series, Carlos Colón-Machargo (Atlanta) discusses vacation and sick leave requirements in Puerto Rico, including the difference in benefits for employees hired after the 2017 statutory reform. Carlos also covers how the number of hours worked and years of service affect accrual levels; entitlements regarding payouts, penalties, and carryover for unused vacation time; special sick leave allotments available for employees with certain covered illnesses, and more.

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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) discuss compliance challenges and enforcement trends unique to California’s agriculture industry. Karen, who is also a co-chair of the firm’s Workplace Violence Prevention Practice Group, and Kevin review some of the most frequently cited standards in the industry, including heat illness, Injury and Illness Prevention Program (IIPP) regulations, lockout/tagout, guarding, field sanitation, and training. They also provide practical tips related to training seasonal workers and wildfire smoke hazards.

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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.