Category Archives: Uncategorized

Workplace Strategies Watercooler 2024: Handbook Considerations for Multistate Employers



In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, our panel discusses the latest requirements for multistate employers’ handbooks and how employers can keep up with the patchwork of federal, state, and local laws. Dee Anna Hays (shareholder, Tampa), who is chair of Ogletree Deakins’ Multistate Advice and Counseling Practice Group, joined by Todd Duffield (shareholder, Atlanta), and Heather Ptasznik (shareholder, Detroit (Metro)), cover trends regarding parental leave policies, the EEOC’s new guidance on harassment, and unlawful policies under the National Labor Relations Act. Todd and Dee Anna close out with a discussion of the tests the National Labor Relations Board uses to evaluate employer policies.


Workplace Strategies Watercooler 2024: DEI Under Scrutiny—How the Affirmative Action Rulings Impact DEI Programs



In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Nonnie Shivers (shareholder, Phoenix) and Scott Kelly (shareholder, Birmingham) discuss what the Supreme Court’s ruling that race-based college admissions are unconstitutional means for diversity, equity, and inclusion (DEI) efforts in the workplace. Scott and Nonnie discuss the legal framework for employers to consider when evaluating their voluntary DEI programming, including how to conduct a risk assessment of DEI programs, conflicting state laws, and questions specific to federal contractors. The speakers offer practical tips for designing and sustaining legally defensible DEI initiatives, including creative strategies to meet company goals without running afoul of the law.


Workplace Strategies Watercooler 2024: The EEOC’s Guidance on Harassment in the Workplace



In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Nonnie Shivers (shareholder, Phoenix) and Tiffany Cox Stacy (office managing shareholder, San Antonio) discuss the EEOC’s final guidance on harassment in the workplace. Tiffany and Nonnie cover the ways in which the new guidance, which the agency issued on April 29, 2024, updates, consolidates, and replaces the agency’s previous guidance. They also explain the guidance’s 70+ examples illustrating unlawful workplace harassment situations, covering both circumstances emerging in the office and in the ever-growing virtual workplace. Finally, Nonnie and Tiffany discuss what the EEOC’s new guidance means for employers as they seek to keep their harassment policies and processes effective and compliant.


Safety Basics II: The OSHA Rulemaking Process



In this installment of Ogletree Deakins’ Safety Basics series, shareholders Frank Davis (Dallas) and John Surma (Houston) discuss the details of the Occupational Safety and Health Administration’s (OSHA) rulemaking process. Frank and John cover OSHA’s regulatory agenda and timeline for standards and regulations under development or review, the distinction between regulations and standards, petition requests, rejections, and appeals, notices of proposed rulemaking, oral hearings, including comments and objections, and more.


Construction in California: The Unique Workplace Safety Challenges for Industry Employers



In this podcast, Karen Tynan (shareholder, Sacramento) and Kevin Bland (shareholder, Orange County) discuss the construction industry in California, including top citations, how to avoid them, and what employers can expect to see in these unique workplaces. Karen (who is the chair of the Ogletree West Coast Workplace Safety Practice) speaks to Kevin about the importance of training and accident prevention, the applicability of safety orders, as well as current and new/proposed regulations covering construction activities.


Cross-Border Catch-Up: Setting Up Shop in a New Country, Part 2—Employment Protections Around the World



In this episode of our Cross-Border Catch-Up podcast series, Lina Fernandez (Boston) and Shirin Aboujawde (New York) conclude a wide-ranging discussion of important issues to consider when companies are contemplating expanding their businesses outside of the United States and hiring abroad. Shirin and Lina, both of whom are members of the firm’s Cross-Border Practice Group, discuss employment protections such as government-mandated collective bargaining agreements. They also cover the expansion of pay equity measures, including laws requiring employers to conduct pay assessments, and report or post pay data. Our speakers also discuss data privacy and termination of employment, which requires court approval in some countries.


Safety Perspectives From Region 6: Programs and Program Enforcements



In this episode of the Safety Perspectives From Region 6 podcast series, shareholders John Surma (Houston) and Frank Davis (Dallas) discuss OSHA programs and enforcement of those safety programs at the national, regional, and local levels. John and Frank specifically talk about managing inspections, including communicating with compliance officers, recording interviews, and capturing an accurate record of the inspection. John and Frank also cover recent programmatic and personnel changes in Region 6 and review regional and local emphasis programs, whether industry or hazard specific.


Cross-Border Catch-Up: Setting Up Shop in a New Country, Part 1—Getting Started and Hiring



In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York) and Lina Fernandez (Boston), both of whom are members of Ogletree Deakins’ Cross-Border Practice Group, discuss the myriad laws that govern the employment relationships in countries other than the United States and considerations for employers that may want to hire workers abroad. In the first installment, the speakers focus on basic business needs, such as registering their business, identifying payroll and benefits providers, and hiring employees. Lina and Shirin also highlight requirements that differ from country to country, including what can be included in employment applications, background check limitations, hiring quotas for nationals, incentives for hiring expatriate workers, and elements of the employment agreement.


California Pay Data Reporting: Key Updates to Prepare for May 8 Deadline



The California Pay Data Reporting Portal opened on February 1, 2024, and private employers of 100 or more employees and/or 100 or more workers hired through labor contractors must submit their 2023 pay data reports on or before May 8, 2024. In this podcast, Jay Patton (shareholder, Birmingham) and Kiosha Dickey (of counsel, Columbia) review recent major developments, including guidance issued by the California Civil Rights Department (CRD). Kiosha and Jay discuss the CRD’s focus on reporting remote worker data, its intent to pursue employers that do not file required reports, and the new requirement that employers supply their California Secretary of State (SoS) number.


Safety Perspectives From Region 6: OSHA’s New Walkaround Rule



In this episode of our Safety Perspectives From Region 6 podcast series, shareholders John Surma (Houston) and Frank Davis (Dallas) discuss the new “walkaround” rule that the U.S. Occupational Safety and Health Administration (OSHA) recently issued. John and Frank specifically cover the history and purpose of the rule, including whether third parties, such as unions and union representatives, can have access to the workplace during inspections. In addition, Frank and John discuss potential challenges and practical considerations for employers in light of the new rule.