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Welcome to the Ogletree Deakins podcast page. Here, you can expect to hear timely and conversational discussions on labor and employment law topics covering the latest developments and trending issues impacting employers. We encourage you to subscribe and also rate and review if you find the podcast useful. Contact us with topics you’d like to hear, questions, and feedback at client.services@ogletree.com or follow us on LinkedIn or Twitter (@OgletreeDeakins).
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In this installment of Ogletree Deakins’ Safety Basics podcast series, John Surma (Houston) is joined by Jeff Leslie (Dallas) and Ryan Swink (Houston) to discuss OSHA’s Hazard Communication Standard. The speakers cover the criteria for what constitutes a hazardous chemical and outline the five key elements of the Hazard Communication Standard: (1) …
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In this podcast, Karen Tynan, the West Coast chair of the firm’s Workplace Safety and Health Practice Group, and Noel Hernandez from the firm’s Las Vegas office discuss Nevada’s newly adopted heat illness regulation. The regulation, which went into effect on November 15, 2024, applies to employers with more than ten employees and requires them to p…
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In this roundtable discussion, members of the firm’s Cybersecurity and Privacy Practice Group discuss a wide range of topics, including setting up a new cybersecurity plan and practicing it within an organization with buy-in from various departments (IT, HR, etc.), appointing a cybersecurity or data protection officer, deciding whether that officer…
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In this podcast, Ogletree Deakins attorneys Sam Sedaei and Ben Perry delve into Illinois’s newly enacted artificial intelligence (AI) law, HB 3773. Sam, a member of the firm’s Technology Practice Group who focuses on the use of technology in the workplace, and Ben, who is co-chair of the firm’s Cybersecurity and Privacy Practice Group, discuss the …
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In this installment of our Safety Perspectives From the Dallas Region podcast series, shareholders John Surma (Houston) and Frank Davis (Dallas) discuss OSHA’s recordkeeping rules. Frank and John cover the forms that employers are required to complete and maintain, including OSHA Form 300, Form 300A, and Form 301. They also emphasize the importance…
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In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York) and Patty Shapiro (San Diego), both of whom are members of Ogletree Deakins’ Cross-Border Practice Group, discuss Status of Forces Agreements (SOFAs). SOFAs are treaties that allow members of the U.S. armed forces and their dependents, as well as government con…
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In this installment of our Safety Perspectives From the Dallas Region podcast series, shareholders Frank Davis (Dallas) and John Surma (Houston) discuss the implications of a recent federal court ruling that extends the Supreme Court’s June 2024 decision in SEC v. Jarkesy, barring the use of administrative law judges (ALJs) in certain matters befor…
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In this episode of our Cross-Border Catch-Up podcast series, Patty Shapiro (San Diego) sits down with Shirin Aboujawde (New York) to discuss the unique aspects of doing business in the Middle East, focusing on the importance of physical presence and the expat-dominated workforce. They highlight the mandatory requirements for local real estate, the …
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In this roundtable discussion, members of the firm’s Cybersecurity and Privacy Practice Group discuss a wide range of important topics, including steps to take when a data breach is suspected, trends in artificial intelligence (AI) legislation, and privacy impact assessments. Simon McMenemy (Managing Partner, London) and Ben Perry (Of Counsel, Nash…
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In this podcast, Meagan Dziura (Raleigh) and Jamey Petri (Austin) dive into the National Interest Waiver (NIW) green card, exploring what makes a petition compelling and what has brought about this surge in NIW interest by employers. They break down the key elements of a strong NIW case and discuss how the recent election results will impact the fu…
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In this episode of our Cross-Border Catch-Up podcast series, Maya Barba (San Francisco) and Patty Shapiro (San Diego) discuss employee terminations in the Netherlands—which can be challenging for employers due to the area’s strict legal obligations. Patty and Maya discuss the procedural requirements associated with terminations as well as the under…
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In this podcast, Karen Tynan (shareholder, Sacramento) and Kevin Piercy (shareholder, Fresno) discuss Valley fever, also known as coccidioidomycosis, a lung infection caused by inhaling fungus spores commonly found in the soil of California’s Central Valley and parts of the southwestern United States. Karen, who is the West Coast chair of the firm’…
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n this episode of our Multistate Monday podcast series, co-chairs of the firm’s Multistate Advice and Counseling Practice Group, Dee Anna Hays (shareholder, Tampa) and Lucas Asper (shareholder, Greenville), sit down with Shareholder Jim Plunkett (Washington, D.C.) to discuss key legislative updates in light of the upcoming elections. Dee Anna, Luca…
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In this podcast, shareholders Karen Tynan (Sacramento) and Amy Bianchini (San Diego) discuss the circumstances under which a California employer may seek a restraining order on behalf of an employee. Karen, who is co-chair of the firm’s Workplace Violence Prevention Practice Group, and Amy address California Code of Civil Procedure Section 527.8 an…
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In this installment of our Safety Perspectives From the Dallas Region podcast series, shareholders Frank Davis (Dallas) and John Surma (Houston) sit down with Ryan Swink (associate, Houston) to discuss OSHA compliance officers’ approach to inspections of meatpacking facilities. The discussion covers topics ranging from Process Safety Management (PS…
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In this installment of Ogletree Deakins’ Safety Basics podcast series, shareholders John Surma (Houston) and Erika Leonard (Austin) examine the intersection of employment law and workplace health and safety law. Erika and John cover internal employment investigations when a safety incident has occurred and consider decisions such as who should cond…
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In this podcast, Mike Mahoney (shareholder, Morristown/New York City) and Viki Farrior (of counsel, Oklahoma City) provide an informative update on the status of employee retention credit (ERC) claims submitted to the Internal Revenue Service (IRS). Mike, who is chair of the firm’s Payroll Tax and Fringe Benefits Subgroup, and Viki discuss options …
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In this podcast, Mike Mahoney (shareholder, Morristown/New York City) and Stephen Kenney (associate, Dallas) discuss ways in which employers can assist employees affected by federally declared disasters in a tax-efficient manner. Mike, who is chair of the firm’s Payroll Tax and Fringe Benefits subgroup, and Stephen cover disaster relief payments fo…
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In this installment of our Safety Perspectives From the Dallas Region podcast series, shareholders Frank Davis (Dallas) and John Surma (Houston) discuss challenging situations that may arise during an OSHA inspection. Frank and John specifically address the importance of maintaining professionalism, documenting compliance officer conduct, sticking …
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In this installment of our Safety Basics podcast series, shareholders John Surma (Houston) and Frank Davis (Dallas) discuss the whistleblower protections of section 11(c) of the Occupational Safety and Health (OSH) Act, which prohibits retaliation against employees who raise health or safety complaints to the government or their employers. Frank an…
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In this episode of our Multistate Monday podcast series, Dee Anna Hays (co-chair of the firm’s Multistate Advice and Counseling Practice Group) and Susan Gorey take on the timely topic of voting and election leave laws, as well as other related issues that may arise during this busy political season. Susan and Dee Anna review a wide range of state …
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In this episode of our Cross-Border Catch-Up podcast series, Carlos Colón-Machargo (Atlanta) and Maya Barba (San Francisco) discuss the specific aspects of Puerto Rican employment laws. Maya and Carlos cover statutory entitlements and protections for employees, whether exempt or non-exempt, including “just cause” terminations, required probationary…
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In this episode of our Cross-Border Catch-Up podcast series, Goli Rahimi (Chicago) and Lina Fernandez (Boston) discuss global intellectual property (IP) assignment policies for an international workforce. The speakers discuss logistical considerations for different types of IP that are assigned or created, including ownership rights and compensatio…
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In this podcast, Meagan Dziura (of counsel, Raleigh) sits down with Jim Plunkett (shareholder, Washington), who is the chair of the firm’s Governmental Affairs Practice Group, to discuss how the outcome of the upcoming election could impact business immigration for employers. Jim and Meagan address the status of pending immigration regulations prop…
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In this installment of our Safety Basics podcast series, Frank Davis (Dallas) and John Surma (Houston) discuss employer and employee rights during an Occupational Safety and Health Administration (OSHA) inspection. John and Frank discuss employee rights, such as (1) the right to speak to OSHA inspectors without fear of retaliation or retribution by…
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In this installment of our Safety Perspectives From the Dallas Region podcast series, shareholders Frank Davis (Dallas) and John Surma (Houston) discuss the Occupational Safety and Health Administration’s (OSHA) new Severe Injury Reports (SIR) dashboard. John and Frank review the evolution of workplace injury record-keeping and reporting requiremen…
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In this episode of our Cross-Border Catch-Up podcast series, Skye Hao (Atlanta) and Lina Fernandez (Boston) discuss the retirement system in China and recent reforms that impact statutory retirement ages and the current workforce. Skye and Lina cover mandatory retirement ages, exceptions for early retirement applicants, and the requirements in the …
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In this episode of our Cross-Border Catch-Up podcast series, Diana Nehro (New York/Boston) and Goli Rahimi (Chicago) discuss some significant changes to employment law under Australia’s Closing Loopholes No. 2 Act. Goli and Diana address how the act affects workplace issues such as the right to disconnect, employee classification, employer penaltie…
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In this episode of our Cross-Border Catch-Up podcast series, Skye Hao (Atlanta) and Patty Shapiro (San Diego) discuss key considerations for companies that use employers of record (EORs) in other countries. Patty and Skye highlight five areas of importance in the master service agreement (MSA): (1) extension of confidentiality obligations to worker…
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In this episode of our Cross-Border Catch-Up podcast series, Skye Hao (Atlanta) and Goli Rahimi (Chicago) discuss high-level considerations and workstyle reform laws for overtime work in Japan. Goli and Skye cover limitations on overtime work, such as Article 36 written agreements, time-tracking obligations, exemptions for certain employees, and pe…
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In this installment of our Safety Basics podcast series, shareholders Frank Davis (Dallas) and John Surma (Houston) discuss reporting work-related incidents resulting in fatalities, hospitalizations, amputations, and loss of an eye to the Occupational Safety and Health Administration (OSHA). John and Frank cover two main aspects of OSHA reporting r…
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In this episode of our Cross-Border Catch-Up podcast series, Skye Hao (associate, Atlanta) is joined by Carlos Colón-Machargo (of counsel, Atlanta) to discuss employee leave benefits in China, including care leaves for families. Skye and Carlos address employees’ paid annual leave entitlements based on their years worked in the workforce, additiona…
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In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York) and Patty Shapiro (San Diego) discuss the role of treaties in cross-border employment. Shirin and Patty cover tax, immigration, and other logistical treaties, specifically tax residency issues for temporary workers; permanent establishment considerations; busin…
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In this episode of our Cross-Border Catch-Up podcast series, Carlos Colón-Machargo (Atlanta) sits down with Shirin Aboujawde (New York) to discuss the Overseas Employment Certificate (OEC) requirement that Filipino law imposes on employers that employ remote workers who are Philippines citizens. Carlos and Shirin specifically cover the various stag…
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In this episode of our Cross-Border Catch-Up podcast series, Carlos Colón-Machargo (Atlanta) discusses vacation and sick leave requirements in Puerto Rico, including the difference in benefits for employees hired after the 2017 statutory reform. Carlos also covers how the number of hours worked and years of service affect accrual levels; entitlemen…
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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) discuss compliance challenges and enforcement trends unique to California’s agriculture industry. Karen, who is also a co-chair of …
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In this installment of our Safety Perspectives From the Dallas Region podcast series, John Surma (shareholder, Houston) is joined by special guest Melissa Bailey (shareholder, Washington, D.C.) to discuss the Occupational Safety and Health Administration’s (OSHA) proposed rule on heat illness—“Heat Injury and Illness Prevention in Outdoor and Indoo…
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In this installment of our Safety Basics podcast series, shareholders John Surma (Houston) and Phillip Russell (Tampa) discuss the Occupational Safety and Health Act’s General Duty Clause, which allows employers to be cited for conditions that create a hazard to health or a safety risk for employees if the hazard is “recognized.” Phillip and John r…
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In this episode of our Cross-Border Catch-Up podcast series, Komlavi Atsou (shareholder, Cleveland) and Patty Shapiro (associate, San Diego), discuss the use of arbitration clauses in employment agreements in Nigeria. Komlavi shares that Nigeria’s Arbitration and Mediation Act permits arbitration as long as the agreement to arbitrate is in writing,…
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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…
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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 …
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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…
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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 empl…
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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 withholding…
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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 il…
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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, includin…
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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 overvie…
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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 Wester…
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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 illega…
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