Podcast: Play in new window | Download (Duration: 26:01 — 35.8MB) | Embed

Subscribe: Apple Podcasts | Spotify | TuneIn | More

In this installment of our Safety Perspectives From the Dallas Region podcast series, Frank Davis (shareholder, Dallas) and John Surma (shareholder, Houston) are joined by Milwaukee shareholder Eric Hobbs, who is the chair of the firm’s Workplace Safety and Health Practice Group. The speakers discuss the Occupational Safety and Health Administration’s (OSHA) continued focus on ergonomics, including in some National Emphasis Programs (NEPs) and as part of the proposed Warehouse Worker Protection Act (WWPA). They also discuss whether OSHA’s recent standard interpretation means that certain common treatments may lead to the finding of a recordable restricted duty.

Podcast: Play in new window | Download (Duration: 25:02 — 34.4MB) | Embed

Subscribe: Apple Podcasts | Spotify | TuneIn | More

In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Michael Eckard (office managing shareholder, Charleston) is joined by Bonnie Martin (office managing shareholder, Indianapolis) and Andy Tanick (shareholder, Minneapolis) to discuss recent legal developments in the area of religious accommodations under Title VII of the Civil Rights Act since the Supreme Court’s ruling in Groff v. DeJoy. The speakers discuss how the murky Groff ruling has left unanswered questions about what constitutes an “undue hardship” for religious accommodation requests. They also discuss the open questions regarding what qualifies as “sincerely held” and “religious beliefs,” as new contexts for these claims arise—including complaints about the use of preferred pronouns, DEI initiatives, and more.

Podcast: Play in new window | Download (Duration: 26:54 — 37.0MB) | Embed

Subscribe: Apple Podcasts | Spotify | TuneIn | More

In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Eric Hobbs, who is chair of the firm’s Workplace Safety and Health Practice Group and a shareholder in the firm’s Milwaukee office, leads a discussion of the latest news from the Occupational Safety and Health Administration (OSHA), including the expanded electronic reporting requirements, new enforcement guidance on heat stress, the latest developments regarding safety in warehousing and fall protection, and the new proposed rule revising the walkaround inspection regulation. Eric is joined by Wayne Pinkstone (shareholder, Philadelphia) and Robert Rodriguez (shareholder, Sacramento), co-chair of the firm’s Workplace Violence Prevention Practice Group, to cover what’s to come in 2024—OSHA’s new standards on infectious diseases and workplace violence. As a bonus, Robert reviews the latest from the California Division of Occupational Safety and Health (Cal/OSHA).

Podcast: Play in new window | Download (Duration: 33:41 — 46.3MB) | Embed

Subscribe: Apple Podcasts | Spotify | TuneIn | More

In this installment of Ogletree Deakins’ Safety Basics podcast series, John Surma (shareholder, Houston) sits down with Jennifer Yanni (of counsel, Orange County) to discuss employers’ duty to comply with the Occupational Safety and Health Administration’s (OSHA) standards and regulations. Jennifer and John cover both the general and special duty standards under the Occupational Safety and Health (OSH) Act, Injury Illness and Prevention Program (IIPP) regulations and violations, and defenses available to employers for various OSHA citations.

Podcast: Play in new window | Download (Duration: 15:10 — 20.8MB) | Embed

Subscribe: Apple Podcasts | Spotify | TuneIn | More

In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Sheri Giger (shareholder, Pittsburgh) and Charles Thompson (shareholder, San Francisco) identify gaps that employers may have in their reasonable accommodation and leave of absence processes. Sheri and Charles, who is co-chair of the firm’s Leaves of Absence/Reasonable Accommodation Practice Group, discuss the intersection of the FMLA, ADA, and PWFA; workers’ compensation; reasonable accommodation obligations; short- and long-term disability laws; light duty under the ADA; and state law. The speakers offer practical tips, including identifying key internal players, checking for compliance gaps, and not taking a wrong turn when handling leave and accommodation requests.

Podcast: Play in new window | Download (Duration: 25:09 — 34.6MB) | Embed

Subscribe: Apple Podcasts | Spotify | TuneIn | More

In this episode of Dirty Steel-Toe Boots, Phillip Russell (shareholder, Tampa) is joined by Lauren Lenhart (associate, Tampa) to discuss how to prepare for an OSHA informal settlement conference. Lauren and Phillip cover the aftermath of an OSHA citation, including the Occupational Safety and Health Review Commission’s (OSHRC) analysis of the citation, a preliminary assessment of the classification of each citation, negotiation of a monetary penalty for each citation, documentation of abatement, and investigation of citations. Phillip and Lauren also explain the importance of discussing corrective measures with OSHA and demonstrating the employer’s commitment to safety. Stay tuned for the next episode that will cover how to conduct the settlement conference.

Podcast: Play in new window | Download (Duration: 32:24 — 44.5MB) | Embed

Subscribe: Apple Podcasts | Spotify | TuneIn | More

In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Burton Garland (shareholder, St. Louis) sits down with Trina Ricketts (shareholder, Kansas City) to discuss strategies to effectively deal with the ten types of toxic employees that can be found in the workplace—including the bully, the narcissist, the back stabber, the unmotivated, and more. Trina and Burt provide practical insights on dealing with some all-too-common, yet complicated, employee situations. Our speakers discuss how these situations can affect business reputation, employee morale, company culture, and, in some cases, revenue—in addition to practical ways to combat these issues.

Podcast: Play in new window | Download (Duration: 12:28 — 17.1MB) | Embed

Subscribe: Apple Podcasts | Spotify | TuneIn | More

In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Kristin Higgins (office managing shareholder, Dallas) is joined by Mike Mahoney (shareholder, Morristown/New York) to discuss the unique challenges employers face when managing a remote or hybrid work environment. Kristin and Mike, who is chair of the firm’s Payroll, Tax, and Fringe Benefits subgroup, discuss the tax consequences that may arise when employees work in different jurisdictions from those in which an employer is registered to do business. In addition, Mike and Kristin review best practices on a range of remote work issues, including expense reimbursements for home-office equipment and travel back to brick and mortar facilities in different states.

Podcast: Play in new window | Download (Duration: 28:15 — 38.8MB) | Embed

Subscribe: Apple Podcasts | Spotify | TuneIn | More

In this installment of our Safety Perspectives From the Dallas Region podcast series, John Surma (shareholder, Houston) and Frank Davis (shareholder, Dallas), discuss S. 4260, The Warehouse Worker Protection Act (WWPA), which was recently introduced in the U.S. Senate. The WWPA would limit production requirements for warehouse workers and the disciplinary measures that employers may impose for failures to meet those limits. Frank and John review which industries would be covered by the WWPA, the proposed creation of a Fairness and Transparency Office within the Department of Labor’s Wage and Hour Division, and the steep fines employers would face for failure to comply.

Podcast: Play in new window | Download (Duration: 17:22 — 23.9MB) | Embed

Subscribe: Apple Podcasts | Spotify | TuneIn | More

In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Sam Fulkerson (shareholder, Oklahoma City), Maria Danaher (shareholder, Pittsburgh), and Mike Sexton (shareholder, Orange County) reflect on the pros and cons of mediation—given the high cost of litigation and the fact that fewer than 2 percent of employment law cases ever make it to trial. Maria, Mike, and Sam discuss what to expect in mediation, covering everything from procedures and logistics to best strategies for optimal cost-benefit resolution. The speakers also cover the benefits and hazards of virtual mediation, including the results of a recent national empirical study completed by an Ogletree Deakins attorney and others on the experiences of employment law practitioners with virtual mediation.