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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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In this podcast, John Surma (shareholder, Houston) and Jeff Leslie (of counsel, Dallas) review the federal Occupational Safety and Health Act (OSH Act) from the law’s origin and purpose to OSHA standards and citations—and the impact on employers. Jeff and John, both of whom are members of the firm’s Workplace Safety and Health Practice Group, also discuss the differences between state and federal OSHA plans, accident reporting, inspections, employee interviews, and other enforcement mechanisms.