Ogletree Deakins Podcasts

In episode five of the Talent Risk Assessor series on Defensible Decisions, Scott Kelly (Birmingham/Washington, D.C.) and Cam Ellis (Atlanta) are joined by Pete Bell of the firm’s data analytics team to examine performance ratings—one of the foundational pillars of employment decisions from merit to promotion to termination. The speakers walk through how the talent risk assessor goes beyond a company-wide view to flag gender or race-based differences in ratings within a specific manager’s team or job family, and discuss the impact of calibration gaps, unclear criteria, and documentation. The speakers then trace how perfor...

In episode four of the Talent Risk Assessor series on Defensible Decisions, shareholders Scott Kelly (Birmingham/Washington) and Lauren Hicks (Indianapolis/Atlanta) are joined by Emily Botto, a senior data analyst on the firm’s data analytics team, to examine talent progression and retention. Building on the voluntary separation patterns identified in episode three, the speakers walk through how time-to-promotion and tenure data, when read together, reveal whether certain job families or business units show both slower advancement and shorter tenure for certain demographic groups. The speakers also explore potential facially neutral barriers, such as promotion criteria that depend on...

In this podcast, Shir Fulga, Erin Schachter, and Susan Ivimey discuss important changes to employment standards in Canada that took effect on January 1, 2026, focusing on the extension of long-term illness leave in Alberta, Saskatchewan, and Manitoba, and new rules in Saskatchewan that prohibit employers from withholding tips. Additionally, they cover the introduction of new job-protected leaves in Saskatchewan, which include maternity leave and leave for interpersonal violence, as well as new provisions allowing for the substitution of public holidays.

In episode three of this special series of Defensible Decisions discussing Ogletree’s Talent Risk Assessor, shareholders Scott Kelly (Birmingham/Washington) and Chris Near (Columbia) are joined by Chrissy Blantz from the firm’s Data Analytics team to examine separations and terminations—an area of the employment lifecycle where legal risk is often most acute. Using a hypothetical multi-state employer, the speakers walk through how a statistically significant flag in overall separation rates can be disaggregated by involuntary versus voluntary terminations and further broken down by separation reason codes to identify the actual driver behind the pattern, in this case...

In episode two of this special series of Defensible Decisions discussing Ogletree’s Talent Risk Assessor, shareholders Scott Kelly (Birmingham/Washington) and Chris Near (Columbia), who are joined by Chrissy Blantz from the firm’s Data Analytics team, focus on dispositions and merit-based hiring documentation. The speakers explain how disposition codes work alongside dashboard analytics to show whether hiring decisions are consistently tied to job-related, posted criteria, and offers practical guidance on auditing job advertisements and disposition practices to reduce litigation risk. The episode closes by previewing episode three, which will apply these same documentation principles to separations and term...

In this second episode of our Labor Law Solutions podcast, shareholders Tom Davis (Nashville), Tom Stanek (Phoenix), and Brian Hayes (Washington), who co-chair the firm’s Traditional Labor Relations Practice Group, examine the confirmation of James Macy to the National Labor Relations Board (NLRB). Brian, who is a former NLRB member, offers his insights on what a third management-minded member means for reversing several pro-union precedents, including the bargaining order standard, the captive audience rule, and McLaren Macomb. The speakers also discuss the Supreme Court’s decision in Trump v. Slaughter, its implications for the constitutionality of removal protections appl...

In this podcast, shareholders Kevin Bland (Orange County) and Karen Tynan (Sacramento) discuss the most common Cal/OSHA citations issued to California agriculture employers. Karen, who is chair of the firm’s Workplace Safety and Health Practice Group, and Kevin discuss including heat illness prevention, Injury and Illness Prevention Plan (IIPP) violations, field sanitation requirements, lockout/tagout compliance, and respiratory protection for hazards like valley fever and wildfire smoke. The speakers offer practical guidance on avoiding these citations, with an emphasis on documentation, training, and maintaining basic compliance measures such as providing potable water, shade, and proper sanitation facilities, to...

This special series of Defensible Decisions, discusses Ogletree’s Talent Risk Assessor dashboard that helps employers integrate data from the full employment lifecycle to give management a birds’ eye view of the legal risks associated with employment decisions. Episode one features shareholders Scott Kelly (Birmingham/Washington) and Chris Near (Columbia), who are are joined by Chrissy Blantz from the firm’s Data Analytics team, to examine how Ogletree’s Talent Risk Assessor evaluates selection and hiring processes for legal risk. Using a continuing hypothetical involving a multi-state employer, the group walks through stage-by-stage funnel analysis and explains why a statisti...

In this episode, Shir Fulga (Toronto) and Erin Schachter (Montréal) (Toronto) discuss recent Quebec and Ontario court decisions certifying consumer class actions in data breach cases—and what these rulings mean for employers handling employee data. The discussion covers how courts are lowering the threshold for claims, allowing actions based on moral damages even in the absence of proven financial harm, and applying multiple legal frameworks, including privacy statutes, consumer protection laws, and human rights legislation.

In this episode of our Cross-Border Catch-Up podcast series, Patty Shapiro and Kate Thompson conclude their three-part series on global workplace investigations by highlighting common pitfalls that employers should avoid and providing valuable takeaways. Kate and Patty address the challenge of balancing transparency with confidentiality requirements and data privacy laws, and emphasize the importance of understanding cultural differences. Additionally, they point out that maintaining thorough documentation throughout an investigation is crucial, including records of interviews, evidence collection, and the investigative steps taken.

In this podcast, Ogletree’s Military Workforce Practice Group co-chairs Jay Patton (Birmingham) and Amy Glenos (Birmingham) examine the five most common pitfalls employers face military leave issues under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Amy and Jay cover a variety of topics from documentation missteps and paid leave disputes to reduction in force (RIF) decisions and reemployment position determinations. Drawing on real settlement figures and controlling case law, including the Supreme Court’s escalator principle from Fishgold v. Sullivan Drydock, the speakers walk through practical guidance for handling both voluntary and involuntary military leave. The...

In part two of this three-part episode of our Cross-Border Catch-Up podcast series, Patty Shapiro and Kate Thompson explore the components of an effective and compliant investigation, including the importance of timeliness and adherence to jurisdiction-specific deadlines. The discussion also covers essential steps in evidence collection, implications for data privacy, challenges in maintaining confidentiality, handling anonymous complaints, and managing investigations that involve senior executives.

In this episode of our Cross-Border Catch-Up podcast series, Patty Shapiro (shareholder, San Diego) and Kate Thompson (associate, New York/Boston) kick off an informative three-part series on global workplace investigations. In part one, they discuss how to prepare for an investigation, resolve conflicting legal frameworks, and understand cultural considerations. They also offer insights on assembling the right team, maintaining confidentiality, and complying with data privacy laws.

In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York/London) and Samantha Duncan (Washington) break down the latest wave of social and employment reforms in the United Arab Emirates (UAE). These reforms include relaxed alcohol licensing, a new workweek from Monday to Friday, tighter Emiratisation quotas, and AI-driven compliance enforcement. The speakers explore whether these changes represent genuine modernization or if they represent a strategically crafted approach that selectively adopts elements from Western models while remaining grounded in local priorities.

In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York/London) and Lina Fernandez (Boston) break down Argentina’s new labor modernization law, Law No. 27,802, which is generating significant debate among employers, unions, and social groups alike. The speakers cover the law’s sweeping reforms, including changes to severance calculations and caps, new rules on working hours and vacation flexibility, the classification of gig platform workers as independent providers, and the creation of employer-side labor assistance funds. The speakers review what these changes mean for multinational employers operating in Argentina and what to watch for as impl...

In this podcast, Karen Tynan (Sacramento) and Kevin Bland (Orange County) discuss serious accident-related citations (SARs) under Cal/OSHA, explaining how these citations require a causal nexus between the alleged violation and a serious injury, and how they differ from standard serious violations. Kevin and Karen, who chairs the firm’s Workplace Safety and Health Practice Group, cover common scenarios involving lockout/tagout procedures, machine guarding, training deficiencies, and heat illness. They also discuss the elevated penalties associated with SARs and the increasing challenges of settling these cases after California’s 2025 audit of Cal/OSHA. The episode offers practical insi...

In this podcast, Jim Plunkett, shareholder and chair of Ogletree’s Government Affairs Practice Group, is joined by Ed Egee, Vice President for Government Relations and Workforce Development at the National Retail Federation, to discuss the Faster Labor Contracts Act, a piece of bipartisan legislation that recently passed the U.S. House of Representatives and would impose mandatory binding arbitration of first contracts on private-sector employers nationwide. The conversation covers how the FLCA would operate in practice, why its proponents argue it addresses bad-faith bargaining, and why opponents believe it undermines both employer flexibility and workers’ rights to vote on t...

In this episode of our Defensible Decisions podcast series, shareholders Scott Kelly (Birmingham/Washington) and Lauren Hicks (Indianapolis/Atlanta) turn to the input side of AI risk, examining what happens when employees, managers, and executives enter sensitive information into AI systems. Scott, who is chair of the firm’s Workforce Analytics and Compliance Practice Group, and Lauren discuss why AI interactions on company platforms are discoverable records rather than private conversations, including how multi-turn chat logs can document a manager’s intent and create pretext evidence in employment litigation. The speakers walk through real-world examples of employee misuse and expl...

In this episode of our Defensible Decisions podcast series, shareholders Scott Kelly (Birmingham/Washington) and Lauren Hicks (Indianapolis/Atlanta) examine what happens when AI produces written content that is inconsistent, biased, or legally problematic in the employment context. Scott, who is chair of the firm’s Workforce Analytics and Compliance Practice Group, and Lauren cover how large language models work as prediction engines rather than knowledge bases, and why that distinction creates real legal exposure when AI-generated outputs differ based on demographic descriptors. The speakers walk through a concrete qualitative test illustrating how the same prompt can yield meaningfully di...

In this installment of our Workplace Strategies Watercooler 2026 podcast series, shareholders Jim Paul (St. Louis/Tampa), Aimee Parsons (Portland (ME)), and Carolyn Russell (Houston) break down the EEOC’s shifting enforcement priorities under Chair Andrea Lucas, including the rescission of the 2024 harassment guidance and the agency’s stance on unlawful DEI. The speakers also examine the Supreme Court’s 2025 Ames decision, eliminating the heightened evidentiary standard for majority-group discrimination claims, and offer practical guidance for employers navigating a rapidly changing compliance landscape across multiple jurisdictions.

In this episode of our Defensible Decisions podcast series, shareholder Scott Kelly (Birmingham/Washington) is joined by Pete Bell and Chrissy Blantz from the firm’s Data Analytics team to introduce the firm’s Talent Risk Assessor—a comprehensive dashboard built to help employers identify workforce risk across the entire employment lifecycle. Scott, who is chair of the firm’s Workforce Analytics and Compliance Practice Group, discusses with Pete and Chrissy how the tool brings together data on hiring, separations, talent progression, and pay equity into a single, actionable view. Tune in to learn how Ogletree’s legal and data analy...

In this installment of our Workplace Strategies Watercooler 2026 podcast series, shareholders Simone Francis (St. Thomas/New York) and Lauren Hicks (Indianapolis) explore the fast-moving legal landscape surrounding AI ethics in the workplace, from the ethics rules that already govern attorney AI use to the cautionary tales of real cases with real consequences. Lauren and Simone unpack the emerging privilege and discovery risks that arise when confidential information enters consumer AI tools. The speakers close with practical guidance on AI use policies, bias auditing for employment tools, and the state compliance landscape employers need to navigate now.

In this episode of our Litigation Lens podcast series, Michael Nail (shareholder, Greenville) is joined by Sarah Zucco (shareholder, New York) and Olivia Orlando-Donovan (associate, New York/Stamford) to break down Judge Lyman’s April 2026 opinion in Lively v. Wayfarer Studios—a 152-page decision arising from the production of It Ends With Us. The speakers examine the court’s independent contractor ruling, the enforceability of unsigned agreements, and the FEHA retaliation claim that survived dispositive motions. Tune in for practical takeaways on worker classification, contract execution, and the fine line between defending your reputation and retaliating against a complainant.

In this installment of our Payroll Brass Tax podcast series, Mike Mahoney (Morristown/New York) and Megan Menguc (Washington) break down the most common strategies for consolidating payroll across related entities. Megan and Mike, who is chair of the firm’s Employment Tax practice group, walk through three distinct approaches, examining the practical benefits and limitations of each: (1) captive employee leasing, (2) Section 3504 agent reporting, and (3) common paymaster arrangements. The speakers also address the broader cross-disciplinary considerations that employers should keep in mind before restructuring how payroll is reported.

In this episode of our Cross-Border Catch-Up podcast series, Samantha Duncan (Washington) and Justin Tarka (London) tackle the UK’s Employment Rights Act 2025, the most sweeping overhaul of British employment law in decades, with changes rolling out across 2026 and into early 2027. The speakers walk global employers through the staggered timeline, from February’s industrial action updates and April’s day-one entitlements to October’s extended tribunal claim window and the landmark January 2027 changes to unfair dismissal protections.

In this installment of our Workplace Strategies Watercooler 2026 podcast series, shareholders Tina Bengs (Chicago/Indianapolis), Joseph Cartafalsa (New York), and Michael Riccobono (Morristown) walk through a comprehensive compliance checklist covering mandatory leave and accommodation obligations for disability, pregnancy, and religion, along with family and medical leave laws. The speakers also address how to navigate ERISA, COBRA, and benefit plan terms to help employers keep their organizations compliant and their employees supported.

In this installment of our Workplace Strategies Watercooler 2026 podcast series, shareholders Robert Niccolini (Baltimore/Washington) and Anne Larson (Chicago) examine the full lifecycle of managing a challenging employee, from early identification of common types (including the workplace bully and the chronic social butterfly) to targeted strategies for communication, discipline, and documentation. Listeners will come away with a practical framework for prelitigation planning that helps organizations protect themselves before a personnel problem becomes a costly legal dispute.

In this episode of our Cross-Border Catch-Up podcast series, Patty Shapiro (San Diego) and Goli Rahimi (Chicago) examine a growing trend of companies citing AI adoption as a basis for workforce reductions and how courts around the world are beginning to weigh in on whether those terminations are legally defensible. The speakers discuss how recent rulings from China and Spain reached different conclusions when considering unfair dismissal claims resulting from AI adoption, underscoring why local law, process, and documentation remain critical for global employers navigating AI-driven restructuring decisions.

In this installment of our Workplace Strategies Watercooler 2026 podcast series, shareholders Scott Kelly (Birmingham/Washington) and Nonnie Shivers (Phoenix) break down key compliance considerations in today’s enforcement environment, including how to identify and mitigate DOJ False Claims Act risks tied to unlawful “proxy” discrimination, the permissibility of recruiting practices in higher education, and the strategic use of privileged analytics to evaluate talent acquisition strategies and reduce legal exposure.

In this installment of our Workplace Strategies Watercooler 2026 podcast series, shareholders Cynthia Bremer (Minneapolis), Scott James Preston (Indianapolis), and Bethany Wagner (Pittsburgh) examine the evolving landscape of workplace investigations, with a focus on how AI and remote work are reshaping the types and complexity of complaints employers face. The speakers discuss why thorough, well-documented investigations matter—from preserving employee morale to avoiding litigation exposure—and the value of involving in-house counsel early. They also walk through the most critical investigative mistakes to avoid, including selecting the wrong investigator, reaching premature conclusions, and dismissing complaints due to fatigue.

In this podcast, Shir Fulga, Erin Schachter, and Susan Ivimey discuss important changes to employment standards in Canada that took effect on January 1, 2026, focusing on the extension of long-term illness leave in Alberta, Saskatchewan, and Manitoba, and new rules in Saskatchewan that prohibit employers from withholding tips. Additionally, they cover the introduction of new job-protected leaves in Saskatchewan, which include maternity leave and leave for interpersonal violence, as well as new provisions allowing for the substitution of public holidays.

The Department of Justice’s reclassification of certain marijuana products from Schedule I to Schedule III marks a significant shift in federal drug policy, and employers are now facing new questions about how to respond. In this installment of our Workplace Strategies Watercooler 2026 podcast series, shareholders Christina Mallatt (Indianapolis) and Tae Phillips (Birmingham), who co-chair the firm’s Drug Testing practice group, are joined by Phillip Russell (Tampa) to examine what the change means for workplace drug testing programs, ADA accommodation obligations, and the broader landscape of cannabis-related employment policies. Tune in for practical guidance on how employers can eval...

As social and political expression in the workplace grows more charged, employers face mounting pressure to set clear boundaries—and enforce them consistently. In this installment of our Workplace Strategies Watercooler 2026 podcast series, shareholders Brandon Shelton (Charlotte/Indianapolis), Mike Bell (Denver/Dallas) and Virginia Wooten (Charlotte) explore the legal framework governing employee speech, the risks that come with inconsistent policy enforcement, and what in-house counsel and HR professionals need to know in today’s polarized environment. Listeners will come away with practical guidance on policy design, manager training, and how to respond when personal beliefs and workplace expectations collide.

In this podcast, shareholders Kevin Bland (Orange County) and Karen Tynan (Sacramento) discuss strategies and tactics that Cal/OSHA attorneys commonly employ during administrative trials, including how they handle opening statements, inspector testimony, hearsay evidence, and cross-examination. Karen, who is chair of the firm’s Workplace Safety and Health Practice Group, and Kevin offer practical insights for employers on what to expect from opposing counsel—whether they are facing a seasoned litigator or a newer attorney—and how to effectively prepare witnesses and handle evidentiary challenges. The speakers provide a candid look at real courtroom dynamics and offer tips for ac...

In this podcast, shareholders Lauren Hicks (Indianapolis/Atlanta) and Chris Near (Columbia) deliver a quick update as of May 2026 on the current state of OFCCP, breaking down recent developments in data collection, pending rulemaking, changes in agency leadership, and the White House’s proposal to again defund OFCCP in next year’s budget.

In this podcast, shareholders Lauren Hicks (Indianapolis/Atlanta) and Chris Near (Columbia) walk federal contractors and subcontractors through the key compliance obligations triggered by Executive Order (EO) 14398 and the FAR Council’s guidance implementing it. Lauren and Chris break down the new contract clause requirements, False Claims Act implications, and what the “known or reasonably knowable” standard means for prime contractors managing their supply chains. The speakers finish with practical takeaways on auditing internal DEI programs, mapping subcontractor exposure, and preparing for tight contract modification deadlines.

In Washington, D.C., there is a saying: “personnel is policy.” In this episode of our Dirty Steel-Toe Boots podcast series, shareholders Phillip Russell (Tampa) and Jim Plunkett (Washington) break down the significance of Labor Secretary Lori Chavez-DeRemer’s departure and the rise of Acting Secretary Keith Sonderling for employers. They examine how Sonderling’s background and his time as deputy secretary have already shaped the DOL’s enforcement and policy direction. The speakers also take a closer look at OSHA head David Keeling and what to expect regarding issues like the heat illness standard.

In this podcast, Kathryn Bird (Toronto), Erin Schachter (Montréal), and Shir Fulga (Toronto) examine the Ontario Divisional Court’s 2025 decision in Bokhari v. Top Medical Transport Center Services, which reviewed the Human Rights Tribunal of Ontario’s preliminary dismissal of a disability discrimination claim. The discussion focuses on the tribunal’s use of a “balance of probabilities” standard at the screening stage, the court’s rejection of that approach in favor of the traditional “plain and obvious” test, and the risks of engaging in a merits analysis too early. The speakers also explore why the decision matters for both applicants a...

In this episode of our Litigation Lens podcast series, shareholders Michael Nail (Greenville) and Sarah Zucco (New York) examine a recent First Circuit decision addressing whether placing an employee on a performance improvement plan (PIP) constitutes an adverse employment action under the Supreme Court’s Muldrow standard. The speakers discuss the specific factors courts will weigh when evaluating PIPs and offer practical guidance for employers on structuring performance management processes to reduce litigation exposure.

In this podcast, Morristown shareholders Justine Abrams and Michael Nacchio break down the latest developments shaping New Jersey employment law. They cover key updates including the expansion of the New Jersey Family Leave Act, new pay transparency regulations, a landmark earned sick leave ruling, and a proposed bill that would effectively ban most non-competes in the state. Employers doing business in New Jersey will want to tune in to understand what these changes mean for their compliance obligations.