Category Archives: Uncategorized

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.


Hot Topics in U.S. Immigration: Alternatives for Employees Not Selected in the H-1B Visa Lottery



In this podcast, Meagan Dziura, a member of Ogletree Deakins’ Immigration Practice Group, covers alternatives for employees not selected in the H-1B lottery, given the stagnant number of USCIS selections made for H-1B visas despite an increased demand over the past few years. Meagan discusses potential options for visa applications, including specialty occupation and treaty visas, such as the H-1B1 and E-3 visas, as well as the TN professional and O-1 extraordinary ability visas. Meagan also explores opportunities for applicants in a dependent status, including spousal visas and other employment authorization documents.


California’s Workplace Violence Prevention Plan Requirements: Insights as the July 1 Deadline Approaches



In this podcast, Karen Tynan, who is the West Coast chair of Ogletree Deakins’ Workplace Safety and Health Practice Group, is joined by former San Francisco Chief of Police Greg Suhr to discuss Senate Bill 553, which requires virtually all California employers to adopt comprehensive workplace violence prevention plans by July 1, 2024. Karen and Greg cover topics ranging from risk assessment to active shooter and active aggressor training. They also provide practical tips to assist employers with developing policies to mitigate risk and keep their employees and workplaces safe.