Ogletree Deakins Podcasts

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.

In this podcast, shareholders Kevin Bland (Orange County) and Karen Tynan (Sacramento), who is chair of the firm’s Workplace Safety and Health Practice Group, discuss the unique aspects of Cal/OSHA discovery, which differs significantly from federal OSHA and civil litigation discovery processes. Karen and Kevin cover practical strategies for both the inspection phase and appeals process, including tips on document requests, witness demands, subpoenas, and depositions. The speakers review key practice points, such as requesting inspector training records, obtaining related case files for multi-employer or repeat citations, and understanding that California does not permit interrogatories or requests fo...

In this podcast, Robert Rodriguez (Sacramento) and Tom Bellifemine (Morristown) explore how employers can use restraining orders and injunctive relief as proactive tools to protect their workplaces from violence and disruptive behavior. Tom and Robert, who co-chairs the firm’s Workplace Violence Prevention Practice Group, highlight key differences in the legal mechanisms available across jurisdictions, contrasting California’s well-defined statutory process with the civil litigation strategies employers must rely on in states like New York and New Jersey. The speakers offer practical insights into when and how to pursue protective orders, the role of judicial discretion, and why early acti...

In the fifth and final episode of this five-part podcast series, Karen Tynan (shareholder, Sacramento) and Robert Rodriguez (shareholder, Sacramento), who are co-chairs of Ogletree’s Workplace Violence Prevention Practice Group, discuss how employers can build a high reliability workplace violence prevention program that goes beyond basic compliance to become an integral part of company culture. Karen, who is also chair of the Workplace Safety and Health Practice Group, and Robert cover practical strategies including leadership engagement, effective employee communication and reporting systems, meaningful metrics, proper documentation practices, and stress-testing plans through tabletop exercises and drills.

In the fourth part of this five-part podcast series, Karen Tynan (shareholder, Sacramento) and Robert Rodriguez (shareholder, Sacramento), who are co-chairs of Ogletree’s Workplace Violence Prevention Practice Group, discuss how California’s SB 553 workplace violence prevention law applies to law enforcement agencies. Karen, who is also chair of the Workplace Safety and Health Practice Group, and Robert explain the three-prong exemption available to qualifying law enforcement agencies—including POST compliance and adherence to Cal/OSHA’s IIPP regulation under Section 3203—and address the practical challenges agencies may face in proving they meet these requirements during an inspection.

In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York/London) and Maya Barba (San Francisco) discuss the 2025 Model Tax Convention update from the Organization for Economic Cooperation and Development (OECD) and its implications for employers managing cross-border remote work. Maya and Shirin explain the new two-part framework for determining when an employee’s remote work location creates a taxable permanent establishment, including the 50 percent working time safe harbor and the qualitative commercial reason test. The speakers also provide practical compliance steps for multinational employers as they address tax, social security, and global mobility issues in an...

In the second episode of this two-part series of our Cross-Border Catch-Up podcasts, Lina Fernandez (Boston) and Samantha Duncan (Washington) continue their conversation on HR self-audits by exploring how to localize global audit frameworks for specific jurisdictions. Samantha and Lina highlight the country-specific compliance nuances in Mexico, Australia, and the Dominican Republic, emphasizing the importance of tailored local addenda to identify issues that global policies may overlook. The episode concludes with practical tips on triaging audit findings into immediate, medium-term, and long-term remediation strategies.

In the third part of this five-part podcast series, Karen Tynan (shareholder, Sacramento) and Robert Rodriguez (shareholder, Sacramento), who are co-chairs of Ogletree’s Workplace Violence Prevention Practice Group, examine the exemptions to California’s workplace violence prevention law, SB 553. Karen, who is also chair of the Workplace Safety and Health Practice Group, and Robert cover key exemptions for healthcare facilities, law enforcement agencies, the Department of Corrections and Rehabilitation, teleworking employees, and the often-misunderstood “small business” exemption—which requires fewer than 10 employees, no public access, and IIPP compliance. The speakers also explain that employers bear the burden of proving an...

In part one of this two-part episode of our Cross-Border Catch-Up podcast series, Samantha Duncan (Washington) and Lina Fernandez (Boston) discuss the importance of conducting global HR self-audits and best practices for developing a unified audit framework that can be scaled across multiple jurisdictions. The speakers explore key timing considerations for audits and outline the essential topics these audits should cover—from pre-employment screenings and hiring practices to day-to-day operations, compensation, and termination procedures.

In this podcast, shareholders Meagan Dziura (Raleigh) and Kara Lancaster (Raleigh) discuss the results of this year’s H-1B lottery. Kara and Meagan highlight a major change: the introduction of a wage-weighted selection system, which gives higher-paid workers better odds of being selected. They also provide tips for employers on what actions to take now, from filing petitions for selected employees to developing contingency plans—such as considering alternative visa options—for those who weren’t chosen.

In this podcast, shareholders Kevin Bland (Orange County) and Karen Tynan (Sacramento), who is chair of the firm’s Workplace Safety and Health Practice Group, discuss the strict 15-working-day deadline for filing Cal/OSHA appeals. Karen and Kevin explain why California’s administrative process offers little room for excuses—unlike civil litigation, there is no excusable neglect doctrine. The speakers share practical tips for avoiding late appeals, highlight common pitfalls such as citations being sent to the wrong address or filed incorrectly, and review a 2025 Appeals Board decision that provides a narrow exception where attorney miscommunication caused an untimely filing

In the second part of this five-part podcast series, Karen Tynan (shareholder, Sacramento) and Robert Rodriguez (shareholder, Sacramento), who are co-chairs of Ogletree’s Workplace Violence Prevention Practice Group, continue their conversation on Cal/OSHA citations under California’s SB 553. Karen, who is also chair of the Workplace Safety and Health Practice Group, and Robert cover common plan deficiencies leading to citations, how investigations are initiated, the unique challenges of managing employee interviews after traumatic incidents, and industries receiving heightened enforcement attention. The speakers also address key compliance questions, including training timelines for new hires, documentation and confidentiality obligations, and...

In the first part of this two-part podcast series, Karen Tynan (shareholder, Sacramento) and Robert Rodriguez (shareholder, Sacramento), who are co-chairs of Ogletree’s Workplace Violence Prevention Practice Group, review the first year of Cal/OSHA enforcement of California’s SB 553 workplace violence prevention law. Karen, who is also chair of the Workplace Safety and Health Practice Group, and Robert discuss what employers can expect in 2026, cover key inspection trends—including heightened scrutiny of hazard assessments and training documentation—along with best practices for compliance and common employer questions. The speakers also preview anticipated regulatory changes and offer practical recommen...

In this installment of our Payroll Brass Tax podcast series, Mike Mahoney (Morristown/New York) and Stephen Kenney (Dallas) explore the payroll and employment tax implications of on-demand pay, also known as earned wage access (EWA), and how real-time payment systems like the Federal Reserve’s FedNow service are accelerating its adoption. Stephen and Mike, who is the chair of the firm’s Employment Tax Group, cover the IRS’s constructive receipt doctrine, FICA timing, Fair Labor Standards Act considerations, emerging state licensing regimes in Nevada and Missouri, and Treasury’s proposed legislative fixes in the 2025 Green Book.

In this episode of our Cross-Border Catch-Up podcast series, Goli Rahimi (Chicago) and Kate Thompson (New York/Boston) explore the legal and practical considerations for employers hiring cross-border commuters—workers who live in one EU country while working in another. Goli and Kate break down key issues, including applicable employment laws, equal treatment requirements, payroll rules, tax implications under bilateral agreements, and common challenges around social security and benefits portability.

In this inaugural episode of our Labor Law Solutions podcast, shareholders Tom Davis (Nashville) and Tom Stanek (Phoenix), who co-chair the firm’s Traditional Labor Relations Practice Group sit down with co-chair and former NLRB member Brian Hayes (Washington) to discuss recent developments in labor law. The speakers discuss the new NLRB board members and general counsel, recent decisions and related rulemaking petitions, joint-employer standards, and constitutional challenges to the NLRA’s removal restrictions. Whether you’re navigating union organizing campaigns, unfair labor practice charges, or staying ahead of shifting NLRB precedent, this podcast offers practical guidance for management-side labor...

In this episode of our Cross-Border Catch-Up podcast series, Kristyn Lambert (New Orleans) and Samantha Duncan (Washington) explore how multinational employers can effectively use mutual separation agreements (MSAs) to navigate employment terminations in jurisdictions that do not recognize at-will employment. The speakers cover a four-step framework for evaluating whether an MSA is appropriate, including assessing local termination laws, understanding enforceability requirements, and tailoring negotiation strategies to regional norms. The speakers also discuss practical examples from jurisdictions such as China, Korea, Taiwan, and Finland to illustrate how local customs and legal standards shape both the structure and pricing of these...

In this podcast, Tae Phillips (Birmingham) sits down with Jennifer Pacicco (Philadelphia), Andrew Halverson (Lafayette/New Orleans), and Dennis Gardner (Houston) to examine President Trump’s December 2025 executive order directing the potential rescheduling of marijuana from Schedule I to Schedule III under the Controlled Substances Act. The speakers cover what this change would—and would not—mean for employers, explaining that while state-specific marijuana legalization laws and employment protections would remain unchanged, DOT-regulated employers may see shifts in testing protocols and compliance requirements if rescheduling occurs. The speakers also address the current regulatory landscape, including the DOT’s absolute prohibit...

In this episode of our Cross-Border Catch-Up podcast series, Patty Shapiro (San Diego) and Goli Rahimi (Chicago) discuss key changes under New Zealand’s Employment Relations Amendment Bill. The speakers cover four significant reforms: a new gateway test for determining independent contractor status, a wage threshold precluding unjustified dismissal claims for high earners, a revised remedies framework that considers employee conduct, and the elimination of the 30-day rule for new hires in roles covered by collective agreements. The speakers also offer practical guidance for employers with operations or teams in New Zealand on preparing for these compliance and HR-related ch...

In this episode of our Defensible Decisions podcast, Scott Kelly (shareholder, Birmingham) and Nonnie Shivers (office managing shareholder, Phoenix) discuss the EEOC’s January 2025 vote to rescind the Biden-era anti-harassment guidance, which had addressed gender identity issues including pronouns, bathroom access, and misgendering. Scott, who is chair of the firm’s Workforce Analytics and Compliance Practice Group, and Nonnie, who is co-chair of the firm’s Diversity, Equity, and Inclusion Compliance Practice Group, explain that while the rescission removes enforcement clarity, it does not change existing law—Bostock remains binding precedent—and employers should continue robust harassment training and remain atte...

In this episode of our Defensible Decisions podcast, Scott Kelly (Birmingham/Washington, D.C.), who is chair of the firm’s Workforce Analytics and Compliance Practice Group, is joined by Kiosha Dickey (Columbia) and Jay Patton (Birmingham) to discuss the increasingly complex landscape of workforce reporting requirements for 2026 and beyond. The speakers cover essential federal obligations like the EEO-1 and VETS 4212 reports, while exploring the expanding state-level requirements in California, Illinois, Massachusetts, and New York City that are adding new layers of compliance challenges for multistate employers. The speakers provide practical guidance on California’s enhanced reporting fields, mandatory pena...

In this podcast, shareholders Kevin Bland (Orange County) and Karen Tynan (Sacramento) discuss Cal/OSHA’s February 2026 proposed rulemaking on walkaround inspections, which would significantly expand who may accompany inspectors during workplace safety inspections—including third-party representatives authorized by employees. Kevin and Karen, who is chair of the firm’s Workplace Safety and Health Practice Group, analyze key concerns for California employers, including the broad language around employee representatives, the inspector’s expanded authority to resolve disputes and control inspections, and potential implications for trade secrets, safety protocols, and employer rights. Written comments on the proposed regulation are due by April...

In this episode of our Litigation Lens podcast series, shareholders Michael Nail (Greenville) and Sarah Zucco (New York) analyze Dudnauth v. A.B.C. Carpet & Home Inc., a case from the U.S. District Court for the Southern District of New York involving disability discrimination and wage and hour claims under New York state law. Michael and Sarah discuss how the court granted summary judgment on the plaintiff’s discrimination and overtime claims based largely on his own deposition testimony admitting he could not work and did not exceed 40 hours per week, while denying summary judgment on the pay frequ...