Ogletree Deakins Podcasts

In this episode of Ogletree Deakins’ Safety Basics podcast series, John Surma (shareholder, Houston) sits down with Ryan Swink (associate, Houston) to discuss judicial review in the context of Occupational Safety and Health Administration (OSHA) citations. John and Ryan review the steps employers should consider when contesting OSHA citations, the roles of Occupational Safety and Health Review Commission (OSHRC) commissioners and administrative law judges, and the legal standards that apply during appeals. The speakers also address constitutional challenges and other legal issues employers may encounter when disputing OSHA citations.

In this episode of our Cross-Border Catch-Up podcast series, Skye Hao (Atlanta) and Kate Thompson (New York/Boston) discuss the importance of cultural sensitivity in global employment policies and its contribution to organizational success. Kate and Skye highlight that creating inclusive and respectful work environments enhances communication and engagement among employees, boosts morale, and fosters cohesive teams. They also emphasize that some policies may need to be tailored to align with local practices while ensuring legal compliance, with leadership playing a pivotal role in cultivating a culturally sensitive workplace.

In this episode of our Cross-Border Catch-Up podcast series, Skye Hao (Atlanta) and Lina Fernandez (Boston) explore the significant changes in Hong Kong’s employment regulations, specifically the transition from the 418 rule to the new 468 rule. The speakers discuss how this change, which will take effect in January 2026, aims to improve protections for part-time and casual workers by redefining the qualifications for continuous contracts. They also examine the implications of these changes for both employees and employers in Hong Kong’s dynamic labor market.

In this installment of our Payroll Brass Tax podcast series, Mike Mahoney, a shareholder in the firm’s Morristown and New York offices and chair of the Employment Tax Group, speaks with Elizabeth Lutes, Executive Vice President of Transition Services, Inc., to discuss supplemental unemployment benefits (SUBs), or SUB plans. They explore how SUB plans can provide a cost-effective alternative to traditional severance packages and cover the potential tax savings, design flexibility, and implementation strategies that make SUB plans a valuable resource for employers facing workforce reductions.

In this inaugural episode of our EEOC Exclusive podcast series, Adam Dougherty (shareholder, Dallas) sits down with Jim Paul (shareholder, St. Louis and Tampa), D’Ontae Sylvertooth (shareholder, Washington) and Sean Oliveira (associate, St. Louis) to discuss the intricacies and processes of the U.S. Equal Employment Opportunity Commission (EEOC). The conversation focuses on the impact of the Supreme Court’s Loper Bright decision on EEOC regulations following the dismantling of Chevron deference, particularly in relation to the Prichard v. Long Island University case.

In this podcast, Meagan Dziura (Raleigh) and Derek Maka (Boston) discuss the intricacies of business travel to the United States and the importance of adhering to visa regulations. The speakers cover the limitations of B-1 visas and ESTA authorizations, the risks associated with unauthorized work, and alternative visa options such as the intermittent L-1 and TN visas for frequent business travelers.

In this episode of Ogletree Deakins’ Safety Basics podcast series, John Surma (shareholder, Houston) sits down with Ryan Swink (associate, Houston) to discuss the critical topic of criminal liability in relation to occupational safety and health law. The speakers explore the nuances of the criminal provisions of the Occupational Safety and Health (OSH) Act, the overlap with federal criminal law, and the implications for employers as they navigate the complexities of Occupational Safety and Health Administration (OSHA) investigations and work to reduce potential criminal exposure.

In this episode of our Safety Perspectives From the Dallas Region podcast series, shareholders Frank Davis (Dallas) and John Surma (Houston) conclude their discussion with former federal whistleblower investigator Jeff Cedar. They delve into the Occupational Safety and Health Administration’s (OSHA) whistleblower process, focusing on the importance of credible evidence in determining whether a complaint is actionable. The speakers highlight the benefits for employers in understanding whistleblower protections under a myriad of laws. They reiterate that actionable complaints must demonstrate four key elements: evidence of a protected activity, the employer’s knowledge of that activity, an adverse employment acti...

In the latest installment of our Payroll Brass Tax podcast series, Victoria Vish (shareholder, Dallas) and Stephen Kenney (associate, Dallas) discuss the implications of the recently signed “One Big Beautiful Bill,” highlighting the bill’s no-tax-on-tips and no-tax-on-overtime provisions. Stephen and Victoria also explain the expansion of the Federal Insurance Contributions Act (FICA) tax credit to include the beauty and aesthetics industry. They conclude the episode with a discussion on the anticipated Internal Revenue Service (IRS) guidance and its potential impact on reporting requirements.

In this episode of our Safety Perspectives From the Dallas Region podcast series, shareholders John Surma (Houston) and Frank Davis (Dallas) are joined by former federal whistleblower investigator Jeff Cedar for a wide-ranging discussion of the Occupational Safety and Health Administration’s (OSHA) whistleblower investigation process. Jeff provides a helpful overview of the process, from receipt of a complaint and assignment to an investigator to interviewing complainants and decision-makers. The speakers also review the critical elements in establishing an actionable complaint, including engaging in protected activity, employer knowledge of that activity, an adverse employment action, and a nexus between th...

In this episode of In The Breakroom, host Bill Grob (shareholder, Tampa) is joined by Melissa Bailey (shareholder, Washington, D.C.) to discuss the viral Coldplay concert scandal involving high-profile executives. Melissa and Bill discuss the implications of workplace relationships, the importance of HR integrity, and the legal ramifications for companies, including the PR and financial consequences of going viral. Tune in to hear their analysis on how employers should navigate these tricky situations and the broader impact on organizational trust and culture.

In this episode of our Cross-Border Catch-Up podcast series, Lina Fernandez (Boston) and Carlos Colón-Machargo (Atlanta) discuss Colombia’s Law 2466 of 2025, a significant labor reform aimed at strengthening workers’ rights. The speakers review the key changes introduced by the law, including the prioritization of indefinite term contracts, new regulations for workplace investigations, adjustments to working hours, expanded paid leave, and enhanced protections for vulnerable groups, among other important updates.

In this episode of our podcast series, The AI Workplace, Sam Sedaei (associate, Chicago) is joined by Cécile Martin (partner, Paris) to discuss a landmark French court case on a company’s pilot implementation of artificial intelligence (AI) tools on select employees. The Nanterre Court of Justice ruled that deploying AI tool applications in an experimental or pilot phase required prior consultation with the works council due to significant employee interaction with the project. Cécile and Sam highlight the importance of assessing the scope of AI tool experimentation, including how many employees will be trained on and allo...

In this installment of our Payroll Brass Tax podcast series, Mike Mahoney (shareholder, Morristown/New York) and Stephen Kenney (associate, Dallas) discuss the many issues that come into play when determining how to make the final wage payment for a deceased employee. They outline a three-step process for handling these payments: 1) review state and federal laws to determine who is entitled to receive the final paycheck, how much can be paid, and the timing of the payment; 2) obtain the necessary documentation to release the final wages and verify the legal right of the beneficiary or estate representative to receive...

In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York) and Goli Rahimi (Chicago) discuss the complexities of reversing work-from-home policies from an international employment law perspective. Goli and Shirin review the legal intricacies and potential challenges global employers may face when asking employees to return to the office, highlighting the differences between U.S. and international practices and the importance of careful planning and consultation.

In this episode of our Cross-Border Catch-Up podcast series, Diana Nehro (shareholder, New York/Boston), who is the chair of the Cross-Border Practice Group, and Skye Hao (associate, Atlanta) discuss the evolving legal landscape of retrenchment in Malaysia. The conversation highlights the importance of genuine selection criteria, the legal requirements established under Malaysian law, and best practices for employers to create a fair and compliant retrenchment process.

In part two of this podcast series, Jim Plunkett, a shareholder in the firm’s Washington, D.C., office, and Meagan Dziura, who serves as of counsel in Raleigh, continue their discussion on the immigration impacts of President Trump’s second term. The speakers examine the increased scrutiny surrounding employment-based visas, the effects of executive orders, and the heightened enforcement measures at the border. They also address the future outlook for temporary protected status (TPS) and the Deferred Action for Childhood Arrivals (DACA) program.

In part one of this podcast series, Jim Plunkett (shareholder, Washington, D.C.) and Meagan Dziura (of counsel, Raleigh) discuss the significant impacts of immigration policies during President Trump’s second term. The speakers delve into the administration’s use of executive orders, the heightened scrutiny on student visas, and the broader implications for employment-based immigration, providing listeners with a comprehensive update on the evolving landscape and what to expect moving forward.

In this episode of our Cross-Border Catch-Up podcast series, Patty Shapiro (shareholder, San Diego) and Goli Rahimi (of counsel, Chicago) discuss significant upcoming changes to South Korea’s Labor Standards Act. Goli and Patty cover the new amendments aimed at ensuring timely wage payments, eliminating comprehensive wage systems, and outlining the serious financial and reputational consequences for employers that fail to comply. These amendments are scheduled to take effect in October 2025

In the final installment of this three-part podcast series, Karen Tynan, co-chair of the firm’s Workplace Violence Prevention Practice Group, and Dan Skoczylas wrap up their discussion on active shooter incidents by focusing on training and practical preparedness tips. Karen, a shareholder based in Sacramento, and Dan emphasize the importance of effective active shooter preparedness training for employers. They discuss the nuances of different training methods and the critical role of policy and record-keeping in reducing the risks of workplace violence.

The second installment of the three-part podcast series features Karen Tynan, who co-chairs the Workplace Violence Prevention Practice Group, and guest speaker Dan Skoczylas as they continue their discussion of the Federal Bureau of Investigation’s (FBI) 2024 report on “Active Shooter Incidents in the United States.” Karen (shareholder, Sacramento) and Dan, who is a workplace violence mitigation consultant, review the report’s data on the duration of incidents and law enforcement response times and what these mean for employer training and preparedness. They also explore the role of security personnel and the importance of recognizing behavioral warning signs.

In this episode of our Cross-Border Catch-Up podcast series, Skye Hao (associate, Atlanta) discusses some of the hottest cross-border topics of 2025, from the European Union’s (EU) pay transparency directive and non-compete clause reforms to the evolving gig economy and artificial intelligence (AI) regulations. Tune in to stay informed on legislative reforms, case law updates, and emerging trends that are reshaping employer obligations, workplace practices, and employment laws worldwide.

n this episode of Ogletree Deakins’ Safety Basics podcast series, John Surma (shareholder, Houston) sits down with Frank Davis (shareholder, Dallas) to discuss OSHA’s imminent danger inspections. Frank and John explain what constitutes an imminent danger, the common scenarios that trigger these inspections, and the procedural steps involved. They also cover the rights and responsibilities of employers, including how to handle document requests and employee interviews, as well as the importance of immediate hazard abatement.

In the first part of this three-part podcast series, Karen Tynan, a shareholder in the firm’s Sacramento office and co-chair of the Workplace Violence Prevention Practice Group, joins workplace violence mitigation consultant Dan Skoczylas to discuss the FBI-s 2024 report on “Active Shooter Incidents in the United States.” Karen and Dan examine the data presented in the report but emphasize the importance of going beyond statistics to assess and mitigate risk. They explore the report’s nuances, including response times, the categorization of incidents, and the practical implications for businesses aiming to enhance their workplace safety protocols.

In this podcast, Daniella McGuigan (partner, London) and Jim McGrew (Chief Client Services Officer, New Orleans) discuss the European Union’s (EU) pay transparency directive and its implications for employers. Daniella provides an overview of the directive, emphasizing its aim to enforce equal pay for equal work or work of equal value, and outlines the requirements and challenges employers will face in complying with this new legislation. The conversation also touches on the potential penalties for noncompliance and compares the directive to similar legislation in other parts of the world, highlighting the unique aspects of the EU’s approach. Dani...

In this podcast, Harris Freier (shareholder, Morristown) and Lauren Watson (associate, Raleigh) discuss the growing issue of misdirected wire transfers tied to data breaches. Lauren and Harris begin by addressing social engineering and phishing, and how these types of business email compromise scams by cybercriminals occur. The speakers also review the importance of having an incident response plan, the legal obligations for breach notifications, and strategies for recovering misdirected funds, emphasizing the need for swift action and thorough verification processes to prevent future incidents.

In the second installment of Ogletree Deakins’ new podcast series, Payroll Brass Tax, Mike Mahoney (shareholder, Morristown/New York) and Stephen Kenney (associate, Dallas) discuss multi-jurisdictional tax issues for hybrid and remote employees. Stephen explains the complexities employers face with varying state and local income tax withholding rules, unemployment insurance contributions, and state-specific benefit programs, emphasizing the importance of a state-by-state analysis. Mike and Stephen explore the nuances of non-resident income tax withholding, reciprocal income tax agreements, and the “convenience of the employer” rule. They also address the impact of multi-jurisdictional employees on state benefit contributions and the registration obliga...

In this episode of our podcast series, The AI Workplace, Sam Sedaei (associate, Chicago) and Hera Arsen (Director of Content) discuss recent developments in the rapidly evolving world of artificial intelligence (AI) and its application in the workplace. Sam and Hera delve into a proposed federal regulation that aims to prevent states from regulating AI for the next decade. They also discuss a significant collective action, which alleges that an employer’s use of AI-based hiring tools resulted in age, race, and disability-related discrimination. The podcast wraps up with an overview of new regulations in California concerning employers’ use of A...

In this podcast, Scott Kelly (shareholder, Birmingham) sits down with Tim Fox, the Director of Ogletree’s Practice Innovation and Analytics team, to discuss the firm’s new Workforce Analytics and Compliance Practice Group. Scott, who chairs the practice group, and Tim explain how the new group utilizes the firm’s data analytics capabilities to help employers with compliance in a wide range of challenging areas, including equal employment opportunity, government reporting, and pay equity. They also discuss how a multidisciplinary approach enables legal and analytics professionals to collaborate in assisting employers throughout the employment life cycle, from hiring and co...

In part two of our Cybersecurity installment of our Workplace Strategies Watercooler 2025 podcast series, Ben Perry (shareholder, Nashville) and Justin Tarka (partner, London) discuss the steps to take after resolving and containing a ransomware incident. Justin and Ben, who is co-chair of the firm’s Cybersecurity and Privacy Practice Group, highlight several key areas, including preparing the response team, implementing training for relevant employees and regular reviews of cybersecurity measures; developing a comprehensive incident response plan and assembling a dedicated response team; identifying opportunities for long-term infrastructure improvements; and assessing other areas of external risk management, such as data mapp...

In this episode of our Cross-Border Catch-Up podcast series, Patty Shapiro (shareholder, San Diego) and Maya Barba (associate, San Francisco) discuss key considerations for short-term international business travel. Maya and Patty explore the distinction between “business activity” and “productive work”—a difference that can determine whether work authorization is required. They also touch on duty of care and what that means for employers supporting employees on international business travel.

In this podcast, Jay Patton (shareholder, Birmingham) and Kiosha Dickey (counsel, Columbia) provide an update on significant changes to EEO-1 filing obligations. Kiosha and Jay discuss the shorter EEO-1 filing window, which opened on May 20, 2025, and which will close on June 24, 2025. They also discuss the removal of the non-binary reporting option in alignment with Executive Order 14168 and discuss its implications for employers. Kiosha and Jay offer practical tips for reporting remote employees, emphasizing the importance of correctly assigning fully remote staff based on their supervisor’s location. They also cover the critical steps for reporting mergers, acquisitions, and spinoffs, hi...

In part one of our Cybersecurity installment of our Workplace Strategies Watercooler 2025 podcast series, Ben Perry (shareholder, Nashville) and Justin Tarka (partner, London) discuss key factors employers should consider when facing ransomware incidents. The speakers begin by simulating an incident response and outlining the necessary steps to take after a security breach occurs. Justin and Ben, who is co-chair of the firm’s Cybersecurity and Privacy Practice Group, discuss best practices when investigating a ransomware incident, assessing the impact of the incident, containing the situation, communicating with stakeholders, fulfilling notification requirements, and adhering to reporting obligations. The speakers also addre...

In this episode of our Cross-Border Catch-Up podcast series, Maya Barba (San Francisco) and Kate Thompson (New York, Boston) discuss the intricacies of mandatory anti-harassment training and policies across various countries. Kate and Maya provide an overview of the requirements in Australia, China, South Korea, India, Romania, and Peru, among other countries. The speakers  review which employees need to be trained, the duration and frequency of required training programs, and the types of harassment, including sexual harassment, discrimination, and bullying, that these trainings must cover.

In this episode of our Safety Perspectives From the Dallas Region podcast series, shareholders John Surma (Houston) and Frank Davis (Dallas) discuss pending litigation regarding the constitutionality of the Occupational Safety and Health Review Commission (OSHRC) administrative law judges (ALJs). Frank and John review the arguments supporting the claim that the current system for handling workplace safety disputes is unconstitutional. They specifically highlight issues such as the absence of the right to a jury trial, improper appointments of judges, restrictions on the president’s authority to remove judges, and an insufficient number of OSHRC members to adequately review cases.

In this installment of our Workplace Strategies Watercooler 2025 podcast series, Jim Paul (shareholder, St. Louis/Tampa), Julianne Pinter (senior counsel, Torrance), and Vince Verde (shareholder, Orange County) discuss large runaway jury verdicts and strategies to avoid them. The speakers begin by reviewing statistics that highlight several reasons for the trend of “nuclear verdicts,” citing contributing factors such as jury attitudes towards management and employers, witness and counsel credibility, lack of documentation supporting the disputed adverse employment action, and perceptions about the fairness of the law. The speakers then look at examples of substantial runaway verdicts and share insights on prevent...

In Ogletree Deakins’ new podcast series Litigation Lens, Shareholder Michael Nail (Greenville) will discuss and analyze real employment law cases and outcomes to provide listeners with practical takeaways and insights. In the inaugural episode, Michael is joined by Sarah Zucco (of counsel, New York) to discuss a recent summary judgment opinion from the U.S. District Court for the District of Kansas regarding a case involving a supervisor who was allegedly “forced” to retire for failing to report a sexual harassment complaint, as required by company policy. The plaintiff alleged that he was the victim of age discrimination; however, the cou...

In this installment of our Workplace Strategies Watercooler 2025 podcast series, Sherry Talton (shareholder, Houston/Seattle) and Fiona Ong (shareholder, Baltimore) discuss the U.S. Equal Employment Opportunity Commission’s (EEOC) 2024 updated workplace harassment guidance. With the shift in enforcement focus under the new administration, Fiona and Sherry emphasize the importance of staying informed and adapting to the evolving legal landscape. This includes awareness of state and municipal laws that may provide specific protections against harassment, especially regarding sexual orientation and gender identity (SOGI). They offer practical tips for developing an effective anti-harassment policy, establishing a robust complaint and reporting pr...

In this episode of our Safety Perspectives From the Dallas Region podcast series, shareholders John Surma (Houston) and Frank Davis (Dallas) discuss pending litigation regarding the constitutionality of the Occupational Safety and Health Review Commission (OSHRC) administrative law judges (ALJs). Frank and John review the arguments supporting the claim that the current system for handling workplace safety disputes is unconstitutional. They specifically highlight issues such as the absence of the right to a jury trial, improper appointments of judges, restrictions on the president’s authority to remove judges, and an insufficient number of OSHRC members to adequately review cases.

In this installment of our Workplace Strategies Watercooler 2025 podcast series, David Froiland, a shareholder in Ogletree’s Milwaukee office who co-chairs the RIF/WARN Practice Group, and Brandon Sher, a shareholder in the firm’s Philadelphia office who co-chairs the Retail Industry Group, discuss the complex issues that may arise during the implementation of a reduction in force (RIF). Brandon and David review how the federal Worker Adjustment and Retraining Notification (WARN) Act regulations apply to remote workers and the “single site of employment” criteria. They also cover the specific triggers and requirements of state mini-WARN laws across various jurisdictio...