Ogletree Deakins Podcasts

In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York) and Lina Fernandez (Boston) discuss statutory requirements that are common outside of the United States when an employee is discharged, including payments due to employees upon a termination with cause or without cause. They also explore the high threshold many countries require to discharge employees “for cause.” Lina and Shirin provide examples from China, Costa Rica, Australia, France, Italy, Brazil, Germany, Saudi Arabia, the United Kingdom, and more.

In this installment of the Safety Perspectives From the Dallas Region podcast series, Frank Davis (shareholder, Dallas) and John Surma (shareholder, Houston) discuss OSHA’s Whistleblower Protection Program through which OSHA enforces the whistleblower provisions of 25 federal statutes, including the OSH Act, the Sarbanes-Oxley Act, and the Surface Transportation Assistance Act. John and Frank discuss the investigation process, standards of liability, burdens of proof, and settlement agreements. They also provide practical pointers on documentation and various methods of communication with OSHA.

In this episode of our Cross-Border Catch-Up podcast series, Carlos G. Colόn-Machargo (of counsel, Atlanta) and Lina Fernandez (associate, Boston) discuss new obligations imposed on employers in Brazil regarding the collection and publication of compensation information and other pay transparency requirements. Lina and Carlos explain the provisions of the new statute, which went into effect in July of 2023, including the obligations to collect and publish compensation information, create a compensation plan, and correct any payment inequities between male and female employees and employees of other protected categories. Carlos and Lina also cover the obligation to prepare and submit transparency reports to the Brazilian Ministry of Labor and Employment and the requirement to create action plans to mitigate inequalities in payment.

In this episode of our Cross-Border Catch-Up podcast series, Komlavi Atsou (shareholder, Cleveland) and Patty Shapiro (associate, San Diego) provide an overview of employment law basics and common employment practices in Djibouti. Komlavi and Patty discuss probationary periods, definite and indefinite contracts, and requirements for ending the employment relationship. They also cover working hours, the statutory overtime rate, and rest breaks. They round out their conversation with a review of the Djibouti Labour Code’s requirement that employer’s provide paid leave for family emergencies and events, including marriage, birth of a child, and death of a close family member.

In this episode of our Cross-Border Catch-Up podcast series, Skye Hao (associate, Atlanta) sits down with Carlos Colón-Machargo (of counsel, Atlanta) to discuss Puerto Rico’s relaxed requirements for remote work. Carlos and Skye cover recent changes in the country’s employment laws and their effect on employer obligations, including tax withholdings and other fiscal obligations, social security and payroll contribution filings, workers’ compensation, unemployment benefits, and short-term disability considerations, as well as the distinction in compliance requirements for domiciled versus non-domiciled workers.

In this episode of Dirty Steel-Toe Boots, Phillip Russell (shareholder, Tampa) is joined by Dee Anna Hays (shareholder, Tampa) to discuss the proposed heat standard that the U.S. Occupational Safety and Health Administration (OSHA) issued in July 2024. Dee Anna and Phillip discuss key definitions of the new proposal—including heat index and heat illness—and the rule’s scope, in addition to exclusions for emergency response activities, incidental exposures, indoor workers, and teleworkers. Phillip and Dee Anna also explain the proposal’s obligation to designate a heat safety coordinator; to provide water, shade, and breaks; and to modify scheduling to allow for acclimatization.

In this podcast, Kevin Bland (a shareholder in Ogletree’s Orange County office) and Karen Tynan (the West Coast chair of the firm’s Workplace Safety and Health Practice Group and a shareholder in the Sacramento office) unpack the unique challenges and operational considerations encountered by employers in the retail industry in California, including hazard identification, implementation of safety plans and training programs, and commonly-issued citations. Karen, who is also a co-chair of the firm’s Workplace Violence Prevention Practice Group, and Kevin also discuss workplace violence prevention strategies, the importance of communicating (and making available to employees) the company’s safety policies and practices, and other retail industry-specific issues for employers to consider.

In this episode of our Cross-Border Catch-Up podcast series, Diana Nehro (shareholder, New York/Boston) and Carlos G. Colόn-Machargo (of counsel, Atlanta) discuss common employment practices that may trigger “permanent establishment” tax obligations abroad. Carlos and Diana, who is chair of the firm’s Cross-Border Practice Group, provide an overview of issues to consider when engaging workers (including contractors) abroad, or when allowing employees to work remotely abroad. The speakers review length of stay limits as well as provide examples of situations that may lead to tax obligations, including creation of intellectual property.

In this installment of our Safety Perspectives From the Dallas Region podcast series, shareholders Frank Davis (shareholder, Dallas) and John Surma (shareholder, Houston) discuss the new walkaround rule, its implementation and impact, and the current appeal against the rule’s enforcement that has been filed in the U.S. District Court for the Western District of Texas. John and Frank also cover other timely topics, including ergonomics, the heat national emphasis program, the emergency response standard, and a recent case decided by the Supreme Court of the United States that may have implications for employer rights with respect to OSHA citations and civil penalties.

In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Lisa Burton (shareholder, Boston/Portland (ME)) and Lisa Hamasaki (shareholder, San Francisco) discuss what employers can do when they discover evidence of serious criminal activities during a workplace investigation. Covering issues ranging from evidence of illegal pornography on a company computer and assaults in the workplace to embezzlement and violations of corrupt practices laws, our speakers delve into the significant layer of complexity that criminal issues add to workplace investigations. The conversation highlights issues such as reporting obligations to law enforcement and regulatory agencies, preservation of evidence, employees’ privacy concerns, and the attorney-client privilege—and provides a roadmap for handling these complex scenarios while mitigating overall risk.

In this episode of Dirty Steel-Toe Boots, Phillip Russell (shareholder, Tampa) is joined by Lauren Lenhart (associate, Tampa) to continue their conversation about OSHA informal settlement conferences. Lauren and Phillip remind employers about the importance of identifying companies’ goals and priorities in order to achieve an optimal outcome. They also provide practical pointers on how to conduct settlement conferences, including the importance of understanding the implications of other ongoing investigations and/or related inspections, strategies for handling citation items, and effective engagement with OSHA during the conference.

In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Director of Career Development Marcia Stokes, Ph.D., and Board Member Diana Nehro discuss how “behavioral styles” can impact trust and communication in addition to how employees and managers can leverage their styles and those of their team to minimize conflict and misunderstanding. As the creator of the Building Team Effectiveness DISC workshop—a behavioral assessment tool that is used to understand how our observable behaviors are being perceived by others, Marcia explains how DISC can be used to help teams communicate more effectively by intentionally tapping into the strengths of team members’ communication styles. Diana (shareholder, New York/Boston) also explains how she has put these tools into practice as chair of the firm’s Cross-Border Practice Group.

In this episode of our TECHPLACE™ Talk podcast series, Jenn Betts, who is co-chair of the firm’s Technology Practice Group, is joined by Scott Kelly and Lauren Hicks to discuss the Office of Federal Contract Compliance Programs' (OFCCP) first detailed guidance on federal contractors’ use of artificial intelligence (AI) and automated systems. Scott (chair of Ogletree’s OFCCP Compliance, Government Contracting, and Reporting Practice Group) and Lauren review employer obligations, potential risks that arise with AI, and practice pointers. The speakers note that non-federal contractor employers may find the OFCCP guidance helpful when developing best practices.

In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York) and Eric Lee (New York) discuss significant amendments to Japan’s discretionary labor system. The amendments require employers to specify, in their employment agreements, whether there will be changes to the location and scope of employment and to state renewal limits for fixed-term contracts. Eric and Shirin, both of whom are members of the firm’s Cross-Border Practice Group, also address the steep legal standard for termination of employment in Japan and the narrow exemption from overtime. They wrap up with a discussion of new health and safety requirements related to rest periods, late-night work, and limits on working hours.

In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde and Eric Lee highlight recent labor and employment developments from around the globe. Shirin and Eric, both of whom are members of Ogletree Deakins’ Cross-Border Practice Group, review the new mandatory leave entitlements in Italy and comment on the challenge for cross-border employers to develop compliant policies as parental leave protections expand in Singapore. They also review the trend of broader pay equity laws, such as those recently adopted in Shanghai and Brazil; a new measure in the United Arab Emirates (UAE) that requires employers to hire UAE nationals; and an Australian law that forbids employment discrimination against employees suffering from family and domestic violence.

In this episode of the Cross-Border Catch-Up, Shirin Aboujawde (of counsel, New York) is joined by Skye Hao (associate, Atlanta) for a fast-paced review of Shirin’s 5 favorite jurisdictions worldwide for employers. Shirin offers a synopsis of the employment law landscape in Switzerland, Hong Kong, Singapore, the United Kingdom, and the United Arab Emirates. Skye and Shirin discuss the favorable factors in these jurisdictions’ employment laws, such as whether they offer employees a right to reinstatement; the extent that they require payments at the end of the employment relationship; the ease with which employers can terminate the employment relationship (including caps on damages); and the ease with which employers can make changes to the terms and conditions of employment.

In this podcast, shareholders Kevin Bland (Orange County) and Karen Tynan (Sacramento) discuss California’s Division of Occupational Safety and Health (Cal/OSHA). Karen, who is the West Coast chair of Ogletree’s Workplace Safety and Health Practice Group, and Kevin have a wide-ranging conversation touching on all aspects of Cal/OSHA, from organizational structure to the roles played by inspectors, district and regional managers, and the legal unit. They also share tips on how Cal/OSHA differs from federal OSHA and other state plans.

In this installment of our Safety Perspectives From the Dallas Region podcast series, Frank Davis (shareholder, Dallas) and John Surma (shareholder, Houston) are joined by Milwaukee shareholder Eric Hobbs, who is the chair of the firm’s Workplace Safety and Health Practice Group. The speakers discuss the Occupational Safety and Health Administration’s (OSHA) continued focus on ergonomics, including in some National Emphasis Programs (NEPs) and as part of the proposed Warehouse Worker Protection Act (WWPA). They also discuss whether OSHA’s recent standard interpretation means that certain common treatments may lead to the finding of a recordable restricted duty.

In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Michael Eckard (office managing shareholder, Charleston) is joined by Bonnie Martin (office managing shareholder, Indianapolis) and Andy Tanick (shareholder, Minneapolis) to discuss recent legal developments in the area of religious accommodations under Title VII of the Civil Rights Act since the Supreme Court’s ruling in Groff v. DeJoy. The speakers discuss how the murky Groff ruling has left unanswered questions about what constitutes an “undue hardship” for religious accommodation requests. They also discuss the open questions regarding what qualifies as “sincerely held” and “religious beliefs,” as new contexts for these claims arise—including complaints about the use of preferred pronouns, DEI initiatives, and more.

In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Eric Hobbs, who is chair of the firm’s Workplace Safety and Health Practice Group and a shareholder in the firm’s Milwaukee office, leads a discussion of the latest news from the Occupational Safety and Health Administration (OSHA), including the expanded electronic reporting requirements, new enforcement guidance on heat stress, the latest developments regarding safety in warehousing and fall protection, and the new proposed rule revising the walkaround inspection regulation. Eric is joined by Wayne Pinkstone (shareholder, Philadelphia) and Robert Rodriguez (shareholder, Sacramento), co-chair of the firm’s Workplace Violence Prevention Practice Group, to cover what’s to come in 2024—OSHA’s new standards on infectious diseases and workplace violence. As a bonus, Robert reviews the latest from the California Division of Occupational Safety and Health (Cal/OSHA).