Category Archives: Uncategorized

Payroll Brass Tax: Understanding PTO Donation Programs—A Guide for Employers



Ogletree Deakins’ new podcast series, Payroll Brass Tax, offers insights into frequently asked questions about employment and payroll tax. In the inaugural episode, Mike Mahoney (shareholder, Morristown/New York) and Stephen Kenney (associate, Dallas) discuss paid time off (PTO) donation programs, which allow employees to support each other during challenging times, such as natural disasters or prolonged illnesses. Stephen and Mike explain the three types of PTO donation programs—general, medical emergency, and natural disaster—and highlight the tax implications and administrative considerations associated with each type. The speakers emphasize the importance of carefully structuring PTO donation programs to avoid potential tax issues, particularly those related to the assignment of income doctrine, which provides that income is taxed to the individual who earns it, even if the right to that income is transferred to someone else.


Workplace Strategies Watercooler 2025: The Election Is Over, What’s Next? Part II



In the second part of the two-part Workplace Strategies Watercooler 2025 podcast series on changes employers can expect from the new administration, Jim Plunkett (shareholder, Washington, D.C.) continues his discussion on post-election policy changes with three additional panelists. Stacy Bunck (shareholder, Kansas City) covers the recent changes at the U.S. Equal Employment Opportunity Commission (EEOC), including the Commission’s new makeup, its impact on the agency’s priorities and actions, and how employers can comply with recent EEOC guidance on diversity, equity, and inclusion (DEI) policies and the Pregnant Workers Fairness Act (PWFA). Next, Tina Ho (shareholder, Washington, D.C.) discusses the new administration’s immigration policy actions, which include increased vetting procedures and secondary inspections, delays in processing times for visa and green card applications, revocations in visa status and visa stamps, and employee reporting obligations. Stephanie Smithey, a shareholder in the firm’s Indianapolis office and co-chair of the Employee Benefits and Executive Compensation Practice Group, wraps up the discussion by focusing on the new administration’s goal to deregulate and streamline rules. She covers topics such as mental health parity compliance, HIPAA privacy regulations, environmental, social, and governance (ESG) investing rules, cryptocurrency, and more.


Workplace Strategies Watercooler 2025: Bringing People Together During Changing Times



In this installment of our Workplace Strategies Watercooler 2025 podcast series, Luther Wright offers listeners an engaging discussion on how employers can create a cohesive and resilient workforce in the face of change, conflict, and uncertainty. Luther, who is the office managing shareholder of Ogletree’s Nashville office and the firm’s Assistant Director of Client Training, shares strategies for strengthening team connections, enhancing communication, and maintaining a positive work culture during uncertain times. He also provides actionable insights on leading through change while promoting unity and collaboration throughout the organization.


Cross-Border Catch-Up: Understanding Chile’s Karin Law on Harassment and Violence



In this episode of our Cross-Border Catch-Up podcast series, Goli Rahimi (Chicago) and Lina Fernandez (Boston) discuss Chile’s new Karin Law, officially known as Law Number 21.647, and break down the law’s key provisions and its implications for employers. Lina and Goli explain how this comprehensive legislation aims to prevent and address workplace harassment and violence by establishing clear definitions, procedures, and preventive measures to promote safer and more respectful work environments. They also outline the responsibilities of employers to create internal protocols, educate employees on how to report misconduct, and investigate complaints in a timely manner.


Workplace Strategies Watercooler 2025: The Election Is Over, What’s Next? Part I



In part one of this two-part Workplace Strategies Watercooler 2025 podcast series on changes employers can expect from the new administration, Jim Plunkett (shareholder, Washington, D.C.) sits down with Scott Kelly (shareholder, Birmingham) to discuss the current status and challenges faced by federal contractors following changes at the Office of Federal Contract Compliance Programs (OFCCP) due to President Trump’s Executive Order 14173, including the revocation of EO 11246, compliance options, and ongoing obligations under federal anti-discrimination laws. Next, Jim speaks with John Merrell (shareholder, Greenville) regarding expected changes in traditional labor policy, including the makeup of the National Labor Relations Board (NLRB), the role of the general counsel, and the NLRB’s case priorities, standards, and decisions. Finally, Jim talks with Wayne Pinkstone (shareholder, Philadelphia) about anticipated changes within the Occupational Safety and Health Administration (OSHA) during President Trump’s second term, including the administration’s regulatory agenda, the fate of the heat stress rule proposed under the previous administration, and the overall leadership and enforcement of the agency.


Workplace Strategies Watercooler 2025: The Latest Tips and Trends for Multistate Handbooks



In this installment of our Workplace Strategies Watercooler 2025 podcast series, Dee Anna Hays (shareholder, Tampa) and Lucas Asper (shareholder, Greenville), who are co-chairs of the firm’s Multistate Advice and Counseling Practice Group, join Todd Duffield (shareholder, Atlanta) to discuss the latest tips and trends for multistate handbooks. Dee Anna, Lucas, and Todd touch on various state and local law-specific issues and key topics for employers’ consideration, including revisiting diversity, equity, and inclusion (DEI), leaves of absence, and reasonable accommodation policies. They also stress the importance of understanding employee monitoring and privacy limitations and employee rights to engage in protected activity under the National Labor Relations Act, a protection that extends to all employees, including those not represented by a union.


Workplace Strategies Watercooler 2025: Top Complex ADA Issues



In this installment of our Workplace Strategies Watercooler 2025 podcast series, the speakers from our interactive Accommodations Workshop offer an information-packed look at complex issues under the Americans with Disabilities Act (ADA). Jamie Brod Ashton (shareholder, Dallas) kicks things off by highlighting common mistakes employers often make during the interactive process, including failing to recognize requests for an accommodation, neglecting to conduct individualized assessments, and providing accommodations that remove essential job functions. Charles Thompson (shareholder, San Francisco) and Sheri Giger (shareholder, Pittsburgh) clarify the factors that may justify a failure to accommodate. Charles, who co-chairs the firm’s Leaves of Absence/Reasonable Accommodation Practice Group, and Sheri share examples of operational costs and discuss the nuances of indefinite leave. Michael Riccobono (shareholder, Morristown) wraps up the conversation with insights on “hidden” disabilities, the individualized assessments required to determine whether an employee poses a direct threat to themselves or others, and the right to bring service animals into the workplace.


Multistate Monday: Employment Verification and Immigration Inspections, Part II



In this episode of our Multistate Monday podcast series, Dee Anna Hays (co-chair of the firm’s Multistate Advice and Counseling Practice Group), Susan Gorey, and Stephanie Generotti continue their discussion on E-Verify, I-9 requirements, and state-specific mandates. In part two of their conversation, they focus on three types of warrant-based scenarios—administrative, judicial, and operational search—and explain the purpose and scope of each type of warrant. They also emphasize the importance of employers being prepared to respond appropriately to each scenario by designating a point of contact and training frontline employees who may be the first to encounter a U.S. Immigration and Customs Enforcement (ICE) agent.


Cross-Border Catch-Up: Understanding Australia’s Proposed Non-Compete Ban



In this episode of our Cross-Border Catch-Up podcast series, Lina Fernandez (Boston) and Kate Thompson (New York/Boston) delve into the latest developments in Australia’s non-compete legislation. Kate and Lina specifically discuss the proposed ban on non-compete clauses for employees earning below the high-income threshold of $175,000 AUD, its potential impact on job mobility, and how businesses may need to adjust their strategies to protect sensitive information and retain top talent.


Multistate Monday: Employment Verification and Immigration Inspections, Part I



In this episode of our Multistate Monday podcast series, Dee Anna Hays, a shareholder in the firm’s Tampa office and co-chair of the Multistate Advice and Counseling Practice Group, sits down with Susan Gorey (senior counsel, Indianapolis) and Stephanie Generotti (of counsel, Tampa) to discuss the evolving landscape of E-Verify requirements across various states. They provide crucial insights on how employers can prepare for potential I-9 audits and non-warrant-based U.S. Immigration and Customs Enforcement inspections, ensuring compliance and minimizing disruptions.