Ogletree Deakins Podcasts

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.

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.

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.

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.

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.

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.

In this podcast, Kevin Bland (shareholder, Orange County) sits down with Karen Tynan (shareholder and West Coast chair of Ogletree’s Workplace Safety and Health Practice Group) to discuss serious accident-related citations, how to prevent them, and how to address issues that arise when they do occur. The speakers also cover the nuances of navigating “struck by heavy equipment” cases occurring in multi-employer worksites and/or with third parties.

In this episode of our Safety Perspectives From Region 6 podcast series, shareholders John Surma (Houston) and Frank Davis (Dallas) continue their discussion on OSHA workplace investigations from the opening conference to the close of the inspection. Frank and John focus on how to manage the walk-around process, including staffing and preparing employee representatives for the walk-around, minimizing distractions during interviews with compliance officers, handling documentation requests and collection, and more.

In this episode of our new Cross-Border Catch-Up podcast series, Patty Shapiro (San Diego) and Eric Lee (New York) discuss the recent trend in East Asia to use digital nomad visas, which allow individuals to work remotely in a country for foreign employers. These nomad visa programs were specifically designed to permit eligible foreign nationals to live in a country while working remotely for a foreign employer—while also avoiding the typical hurdles and headaches involved with work authorization and taxes. Eric and Patty cover the various digital nomad visa programs in East Asia, the eligibility requirements of these programs (such as income thresholds, health insurance coverage, and criminal history certificates), the duration of visa application processes, and the approaches various Asian countries have towards the use of these visas.

In this installment of Ogletree Deakins’ Cross-Border Catch-Up series, Patty Shapiro (San Diego) and Eric Lee (New York) discuss recent legislative updates from Singapore, which may have implications on employer handbooks or policies. Patty and Eric cover three major updates: government paid paternity leave benefits, unpaid and infant care leave for working parents, and the new workplace fairness legislation in Singapore. The speakers also comment on the protected characteristics under Singapore’s new discrimination law, which include age, nationality, sex, marital status. pregnancy status, caregiving responsibilities, race, religion, language, and disability and mental health conditions—making Singapore one of the first countries to provide protection on the status of mental health.

In this episode of the Safety Perspectives From Region 6 podcast series, shareholders John Surma (Houston) and Frank Davis (Dallas) discuss workplace investigations and the importance of having a plan for when an OSHA compliance officer arrives at your door to conduct an inspection. Frank and John address the significance of building the right internal team for these workplace investigations, tips for listening and responding to the compliance officer’s questions appropriately, and how cooperating and extending professional courtesy can make for a smoother inspection process.

In this episode of our Multistate Monday podcast series, Lucas Asper (co-chair of the firm’s Multistate Advice and Counseling Practice Group), Stacy Bunck, and John Stretton review issues related to dating in the workplace and best practices for implementing harassment and non-fraternization policies. Lucas (shareholder, Greenville), Stacy (shareholder, Kansas City), and John (shareholder, Stamford) discuss real-life examples from their litigation experiences and how these situations have informed their recommendations regarding go-to policy provisions (including offering employees multiple harassment reporting channels) and best practices on training programs . The speakers also discuss “love contracts,” which require employees to disclose relationships with co-workers and to acknowledge employer policies.

In this podcast, Jamey Petri and Jeffrey Thomas discuss recently-issued guidance provided in a fact sheet from the Department of Justice (DOJ) on avoiding discriminatory employment practices when complying with U.S. export control laws. Jeff and Jamey unpack the Immigration and Nationality Act (INA), the International Traffic in Arms Regulations (ITAR), and the Export Administration Regulations (EAR), focusing on their anti-discrimination provisions as they relate to issues affecting employers, including hiring and retention practices, Form I-9 documentation and processes, and employee training.

In this episode of our Cross-Border Catch-Up podcast series, Patty Shapiro and Lina Fernandez discuss key considerations for both U.S. and global employers that receive requests from employees to work remotely abroad. From potential conflicts in immigration requirements to digital nomad visas that may be available in non-U.S. countries, Patty and Lina, both of whom are attorneys in the firm’s Cross-Border Practice Group, review the risks to which employers are exposed in the context of remote work abroad. The speakers also address tax compliance requirements, the varying benefits and protections to which employees may be entitled abroad (such as variations in at-will employment, workers’ compensation, Social Security benefits, and medical insurance benefits), and compliance with local employment laws.

In this installment of Ogletree Deakins’ Cross-Border Catch-Up podcast series, Patty Shapiro and Lina Fernandez discuss the shortfalls of increasingly popular “digital nomad visas,” which allow foreigners to work in-country for a foreign employer. Patty and Lina discuss alternative solutions companies may entertain to enable their employees to work globally and their associated risks.

In this podcast, Amanda Goodman and Geeta Shah discuss the overlapping complexities and nuances of the U.S. immigration system and the dynamic world of the life sciences industry. The speakers cover visa categories and classifications uniquely suited to professionals in the life sciences industry and available H-1B cap exemption options for employers, as well as other considerations and challenges for employers operating in these crossover industries.

In this podcast, shareholders Karen Tynan (Sacramento) and Kevin Bland (Orange County) discuss how workplace safety and health professionals and attorneys can work together to best serve their employer-clients. Kevin and Karen, who is the West Coast chair of Ogletree’s Workplace Safety and Health Practice Group, offer best practices for employers in situations that have evolved from being preventative to potential litigation. The speakers provide real-world examples of attorneys and safety consultants working together, as well as identify key problem areas. They also review the circumstances under which the attorney work-product doctrine and privileged communications come into play.

In this episode of our Multistate Monday podcast series, Lucas Asper (co-chair of the firm’s Multistate Advice and Counseling Practice Group), Susan Gorey, and Alejandro Perez review the top compliance challenges that come up frequently for multistate employers. The discussion focuses on six areas that can be problematic during the lifecycle of employment: onboarding, leaves of absence, remote work, wage and hour, protective covenants, and separation. Our speakers discuss notices employers are required to provide to employees, pay transparency developments, classification challenges, minimum wage rates across states and localities, best practices on leave administration, and the latest on noncompete agreements.

In this episode of the Safety Perspectives From Region 6 podcast series, Frank Davis (shareholder, Dallas) and John Surma (shareholder, Houston) discuss OSHA’s comprehensive proposed rule on fire brigades that would update a 40-year-old standard to cover everything from training and personal protective equipment (PPE) to physical fitness and medical requirements to vehicle operation and vehicle standards. Frank and John cover details of the 250-page rule—which stands to significantly transform the fire brigade standard into an emergency response standard focusing not only on firefighting but also on emergency medical services (EMS), tactical rescue, and equivalent services provided by employers in workplaces. Finally, they discuss how this rule would change the face of emergency response across the country.

In this podcast, Charles Thompson (co-chair of the firm’s Leaves of Absence/Reasonable Accommodation Practice Group), sits down with Stacy Bunck (shareholder, Kansas City), and John Stretton (office managing shareholder, Stamford) to discuss three new federal Family and Medical Leave Act (FMLA) decisions. The speakers cover the FMLA’s notice requirements and deadlines, the definition of a serious health condition, and the nuances involved with returning an employee to an equivalent position following a leave of absence.