Ogletree Deakins Podcasts

In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York/London) and Maya Barba (San Francisco) discuss the 2025 Model Tax Convention update from the Organization for Economic Cooperation and Development (OECD) and its implications for employers managing cross-border remote work. Maya and Shirin explain the new two-part framework for determining when an employee’s remote work location creates a taxable permanent establishment, including the 50 percent working time safe harbor and the qualitative commercial reason test. The speakers also provide practical compliance steps for multinational employers as they address tax, social security, and global mobility issues in an increasingly borderless workforce.

In the second episode of this two-part series of our Cross-Border Catch-Up podcasts, Lina Fernandez (Boston) and Samantha Duncan (Washington) continue their conversation on HR self-audits by exploring how to localize global audit frameworks for specific jurisdictions. Samantha and Lina highlight the country-specific compliance nuances in Mexico, Australia, and the Dominican Republic, emphasizing the importance of tailored local addenda to identify issues that global policies may overlook. The episode concludes with practical tips on triaging audit findings into immediate, medium-term, and long-term remediation strategies.

In the third part of this five-part podcast series, Karen Tynan (shareholder, Sacramento) and Robert Rodriguez (shareholder, Sacramento), who are co-chairs of Ogletree’s Workplace Violence Prevention Practice Group, examine the exemptions to California’s workplace violence prevention law, SB 553. Karen, who is also chair of the Workplace Safety and Health Practice Group, and Robert cover key exemptions for healthcare facilities, law enforcement agencies, the Department of Corrections and Rehabilitation, teleworking employees, and the often-misunderstood “small business” exemption—which requires fewer than 10 employees, no public access, and IIPP compliance. The speakers also explain that employers bear the burden of proving any exemption as an affirmative defense.

In part one of this two-part episode of our Cross-Border Catch-Up podcast series, Samantha Duncan (Washington) and Lina Fernandez (Boston) discuss the importance of conducting global HR self-audits and best practices for developing a unified audit framework that can be scaled across multiple jurisdictions. The speakers explore key timing considerations for audits and outline the essential topics these audits should cover—from pre-employment screenings and hiring practices to day-to-day operations, compensation, and termination procedures.

In this podcast, shareholders Meagan Dziura (Raleigh) and Kara Lancaster (Raleigh) discuss the results of this year’s H-1B lottery. Kara and Meagan highlight a major change: the introduction of a wage-weighted selection system, which gives higher-paid workers better odds of being selected. They also provide tips for employers on what actions to take now, from filing petitions for selected employees to developing contingency plans—such as considering alternative visa options—for those who weren’t chosen.

In this podcast, shareholders Kevin Bland (Orange County) and Karen Tynan (Sacramento), who is chair of the firm’s Workplace Safety and Health Practice Group, discuss the strict 15-working-day deadline for filing Cal/OSHA appeals. Karen and Kevin explain why California’s administrative process offers little room for excuses—unlike civil litigation, there is no excusable neglect doctrine. The speakers share practical tips for avoiding late appeals, highlight common pitfalls such as citations being sent to the wrong address or filed incorrectly, and review a 2025 Appeals Board decision that provides a narrow exception where attorney miscommunication caused an untimely filing.

In the second part of this five-part podcast series, Karen Tynan (shareholder, Sacramento) and Robert Rodriguez (shareholder, Sacramento), who are co-chairs of Ogletree’s Workplace Violence Prevention Practice Group, continue their conversation on Cal/OSHA citations under California’s SB 553. Karen, who is also chair of the Workplace Safety and Health Practice Group, and Robert cover common plan deficiencies leading to citations, how investigations are initiated, the unique challenges of managing employee interviews after traumatic incidents, and industries receiving heightened enforcement attention. The speakers also address key compliance questions, including training timelines for new hires, documentation and confidentiality obligations, and considerations for implementing active shooter training programs.

In the first part of this two-part podcast series, Karen Tynan (shareholder, Sacramento) and Robert Rodriguez (shareholder, Sacramento), who are co-chairs of Ogletree’s Workplace Violence Prevention Practice Group, review the first year of Cal/OSHA enforcement of California’s SB 553 workplace violence prevention law. Karen, who is also chair of the Workplace Safety and Health Practice Group, and Robert discuss what employers can expect in 2026, cover key inspection trends—including heightened scrutiny of hazard assessments and training documentation—along with best practices for compliance and common employer questions. The speakers also preview anticipated regulatory changes and offer practical recommendations for employers looking to strengthen their workplace violence prevention programs.

In this installment of our Payroll Brass Tax podcast series, Mike Mahoney (Morristown/New York) and Stephen Kenney (Dallas) explore the payroll and employment tax implications of on-demand pay, also known as earned wage access (EWA), and how real-time payment systems like the Federal Reserve’s FedNow service are accelerating its adoption. Stephen and Mike, who is the chair of the firm’s Employment Tax Group, cover the IRS’s constructive receipt doctrine, FICA timing, Fair Labor Standards Act considerations, emerging state licensing regimes in Nevada and Missouri, and Treasury’s proposed legislative fixes in the 2025 Green Book.

In this episode of our Cross-Border Catch-Up podcast series, Goli Rahimi (Chicago) and Kate Thompson (New York/Boston) explore the legal and practical considerations for employers hiring cross-border commuters—workers who live in one EU country while working in another. Goli and Kate break down key issues, including applicable employment laws, equal treatment requirements, payroll rules, tax implications under bilateral agreements, and common challenges around social security and benefits portability.

In this inaugural episode of our Labor Law Solutions podcast, shareholders Tom Davis (Nashville) and Tom Stanek (Phoenix), who co-chair the firm’s Traditional Labor Relations Practice Group sit down with co-chair and former NLRB member Brian Hayes (Washington) to discuss recent developments in labor law. The speakers discuss the new NLRB board members and general counsel, recent decisions and related rulemaking petitions, joint-employer standards, and constitutional challenges to the NLRA’s removal restrictions. Whether you’re navigating union organizing campaigns, unfair labor practice charges, or staying ahead of shifting NLRB precedent, this podcast offers practical guidance for management-side labor professionals.

In this episode of our Cross-Border Catch-Up podcast series, Kristyn Lambert (New Orleans) and Samantha Duncan (Washington) explore how multinational employers can effectively use mutual separation agreements (MSAs) to navigate employment terminations in jurisdictions that do not recognize at-will employment. The speakers cover a four-step framework for evaluating whether an MSA is appropriate, including assessing local termination laws, understanding enforceability requirements, and tailoring negotiation strategies to regional norms. The speakers also discuss practical examples from jurisdictions such as China, Korea, Taiwan, and Finland to illustrate how local customs and legal standards shape both the structure and pricing of these agreements.

In this podcast, Tae Phillips (Birmingham) sits down with Jennifer Pacicco (Philadelphia), Andrew Halverson (Lafayette/New Orleans), and Dennis Gardner (Houston) to examine President Trump’s December 2025 executive order directing the potential rescheduling of marijuana from Schedule I to Schedule III under the Controlled Substances Act. The speakers cover what this change would—and would not—mean for employers, explaining that while state-specific marijuana legalization laws and employment protections would remain unchanged, DOT-regulated employers may see shifts in testing protocols and compliance requirements if rescheduling occurs. The speakers also address the current regulatory landscape, including the DOT’s absolute prohibition on marijuana use for safety-sensitive employees and the uncertainties surrounding how federal agencies might adapt their rules in response to rescheduling.

In this episode of our Cross-Border Catch-Up podcast series, Patty Shapiro (San Diego) and Goli Rahimi (Chicago) discuss key changes under New Zealand’s Employment Relations Amendment Bill. The speakers cover four significant reforms: a new gateway test for determining independent contractor status, a wage threshold precluding unjustified dismissal claims for high earners, a revised remedies framework that considers employee conduct, and the elimination of the 30-day rule for new hires in roles covered by collective agreements. The speakers also offer practical guidance for employers with operations or teams in New Zealand on preparing for these compliance and HR-related changes.

In this episode of our Defensible Decisions podcast, Scott Kelly (shareholder, Birmingham) and Nonnie Shivers (office managing shareholder, Phoenix) discuss the EEOC’s January 2025 vote to rescind the Biden-era anti-harassment guidance, which had addressed gender identity issues including pronouns, bathroom access, and misgendering. Scott, who is chair of the firm’s Workforce Analytics and Compliance Practice Group, and Nonnie, who is co-chair of the firm’s Diversity, Equity, and Inclusion Compliance Practice Group, explain that while the rescission removes enforcement clarity, it does not change existing law—Bostock remains binding precedent—and employers should continue robust harassment training and remain attentive to evolving federal, state, and local requirements. The speakers also preview anticipated EEOC developments, including potential new guidance on religious accommodations and national origin discrimination.

In this episode of our Defensible Decisions podcast, Scott Kelly (Birmingham/Washington, D.C.), who is chair of the firm’s Workforce Analytics and Compliance Practice Group, is joined by Kiosha Dickey (Columbia) and Jay Patton (Birmingham) to discuss the increasingly complex landscape of workforce reporting requirements for 2026 and beyond. The speakers cover essential federal obligations like the EEO-1 and VETS 4212 reports, while exploring the expanding state-level requirements in California, Illinois, Massachusetts, and New York City that are adding new layers of compliance challenges for multistate employers. The speakers provide practical guidance on California’s enhanced reporting fields, mandatory penalties, upcoming transition to SOC codes, and critical action items employers should prioritize now to ensure accurate, timely filings and avoid costly enforcement consequences.

In this podcast, Kevin Bland (shareholder, Orange County) sits down with Karen Tynan (shareholder, Sacramento), who is chair of the firm’s Workplace Safety and Health Practice Group, to discuss Cal/OSHA’s February 2026 proposed rulemaking on walkaround inspections, which would significantly expand who may accompany inspectors during workplace safety inspections—including third-party representatives authorized by employees. Kevin and Karen analyze key concerns for California employers, including the broad language around employee representatives, the inspector’s expanded authority to resolve disputes and control inspections, and potential implications for trade secrets, safety protocols, and employer rights. Written comments on the proposed regulation are due by April 1, 2026.

In this episode of our Litigation Lens podcast series, Shareholders Michael Nail (Greenville) and Sarah Zucco (New York) analyze Dudnauth v. A.B.C. Carpet & Home Inc., a case from the U.S. District Court for the Southern District of New York involving disability discrimination and wage and hour claims under New York state law. Michael and Sarah discuss how the court granted summary judgment on the plaintiff’s discrimination and overtime claims based largely on his own deposition testimony admitting he could not work and did not exceed 40 hours per week, while denying summary judgment on the pay frequency claim due to a genuine dispute over whether he qualified as a “manual worker” entitled to weekly pay. In this episode, the speakers highlight key takeaways for employers on the importance of maintaining payroll records, understanding state-specific wage requirements, and the fact-intensive nature of disability accommodation and exemption analyses.

Part two of our two-part series as part of our new Defensible Decisions podcast, Scott Kelly (shareholder, Birmingham) and Lauren Hicks (shareholder, Indianapolis/Atlanta) continue their conversation on the nuts and bolts of AI bias audits, focusing on defensible documentation, practical hypotheticals, and remediation strategies. The speakers unpack risks in résumé screeners, promotion and retention-risk models, and “human in the loop” assumptions, offering concrete guidance on governance, validation, vendor diligence, and continuous monitoring to align AI use with legal defensibility and business necessity.

In this installment of our Payroll Brass Tax podcast series, Mike Mahoney (shareholder, Morristown/New York) is joined by Stephen Kenney (associate, Dallas) and Stephen Riga (counsel, Minneapolis/Indianapolis) to discuss how nondiscrimination testing rules under Internal Revenue Code Sections 125, 105(h), and 129 affect payroll and tax reporting for cafeteria plans, self-insured health plans, and dependent care assistance programs. Mike, who is the chair of the Employment Tax Group, Stephen, and Stephen review who qualifies as a highly compensated or key employee, the consequences of testing failures, and critical timing considerations, as well as offer practical guidance on prevention strategies, coordinating with benefits administration, and ensuring accurate Form W-2 reporting.