Ogletree Deakins Podcasts

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...

In part two of this episode of our Defensible Decisions podcast, shareholders Scott Kelly (Birmingham) and Lauren Hicks (Indianapolis/Atlanta) continue their conversation on the nuts and bolts of AI bias audits, focusing on defensible documentation, practical hypotheticals, and remediation strategies. The speakers unpack risks in résumé screeners, promotion and retention-risk models, and “human in the loop” assumptions, offering concrete guidance on governance, validation, vendor diligence, and continuous monitoring to align AI use with legal defensibility and business necessity.

In this installment of our Payroll Brass Tax podcast series, Mike Mahoney (shareholder, Morristown/New York) is joined by Stephen Kenney (associate, Dallas) and Stephen Riga (counsel, Minneapolis/Indianapolis) to discuss how nondiscrimination testing rules under Internal Revenue Code Sections 125, 105(h), and 129 affect payroll and tax reporting for cafeteria plans, self-insured health plans, and dependent care assistance programs. Mike, who is the chair of the Employment Tax Group, Stephen, and Stephen review who qualifies as a highly compensated or key employee, the consequences of testing failures, and critical timing considerations, as well as offer practical guidance on prevention strategies...

In this episode of our Defensible Decisions podcast, Scott Kelly (shareholder, Birmingham) and Nonnie Shivers (office managing shareholder, Phoenix) discuss the EEOC’s January 2026 vote to reclaim authority over most enforcement litigation from its Office of General Counsel, reversing decades of delegation. 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, analyze how this procedural shift may enable the commission to fast-track litigation aligned with administration priorities, including cases involving majority characteristic discrimination claims, DEI practices, national origin discrim...

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 Maya Barba (associate, San Francisco) unpack Denmark’s parental leave model and discuss what employers should know for leave management and workforce planning in Denmark. The speakers explain the phased structure that gives each parent their leave entitlement, including non-transferable weeks that encourage uptake, plus flexible portions that can be postponed.

In part one of this episode of our Defensible Decisions podcast, Scott Kelly (shareholder, Birmingham) sits down with Lauren Hicks (shareholder, Indianapolis/Atlanta) to unpack how AI is actually used across the talent lifecycle—and why “human in the loop” isn’t a compliance shield. The speakers break down what a credible, privileged bias audit entails, how to pair fairness testing with effectiveness validation, and the practical governance steps employers should know to manage a fast-evolving, patchwork regulatory landscape.

In this episode of our Defensible Decisions podcast, Scott Kelly (shareholder, Birmingham) sits down with Nonnie Shivers (office managing shareholder, Phoenix) to discuss the implications for employers following EEOC Chair Andrea Lucas’s social media video soliciting discrimination charges from white males. 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, delve into historical and recent Supreme Court decisions like Muldrow and Ames, which affirm the viability of such claims and expand the definition of actionable harm. The convers...

In this episode of our Litigation Lens podcast series, shareholders Michael Nail (Greenville) and Heather Ptasznik (Detroit (Metro)) discuss a recent Sixth Circuit decision affirming a jury verdict for an employee on ADA disability discrimination and retaliation claims based on night blindness. The speakers review how this ruling reinforces that night blindness can qualify as an ADA-protected disability, with practical takeaways for employers on timing, documentation, and recognizing accommodation requests.

In this episode of our Cross-Border Catch-Up podcast series, Patty Shapiro (shareholder, San Diego) and Goli Rahimi (of counsel, Chicago) discuss India’s significant labor law reform: more than five years after their passage, India finally implemented four consolidated labor codes in November 2025. These codes replace 29 existing labor laws and cover wages, industrial relations, social security, and occupational safety. Our speakers provide an overview of these changes and the implications for employers navigating India’s evolving labor landscape.

In this inaugural episode of Ogletree Deakins’ Defensible Decisions podcast, Scott Kelly (shareholder, Birmingham) sits down with Nonnie Shivers (office managing shareholder, Phoenix) to unpack the EEOC’s renewed emphasis on systemic, pattern-or-practice enforcement in the wake of a restored quorum and recent leadership moves. This shift highlights the agency’s alignment with current administration priorities, moving away from its traditional strategic plan. The discussion covers anticipated litigation and key areas of investigation—particularly focusing on challenges related to race- and sex-based preferences in DEI programs, anti-American national origin bias, and H‑1B abuses. The speakers emphasize the importance for employ...

In this episode of our Defensible Decisions podcast, shareholders Scott Kelly (Birmingham) and Chris Near (Columbia) unpack OFCCP’s updated jurisdictional thresholds for Section 503 of the Rehabilitation Act (Section 503) and the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). Effective October 1, 2025, basic coverage thresholds increased to $20,000 under Section 503 and to $200,000 for coverage and Affirmative Action Plans (AAPs) under VEVRAA. The speakers discuss how these inflation adjustments by the Federal Acquisition Regulatory (FAR) Council affect AAPs for contractors holding prime and necessary sub-awards, as well as ongoing compliance obligations for covered contractors such as job postings, self-identification, outreach and recruitment, and acco...

In this episode of our Cross-Border Catch-Up podcast series, Goli Rahimi (Chicago) and Kate Thompson (New York, Boston) unpack Singapore’s new Workplace Fairness (Dispute Resolution) Bill to explain how the new grievance and dispute resolution process will work, and what procedural safeguards and employee protections will come into effect. The speakers outline timelines toward an anticipated 2027 effective date, highlight employer defenses, and offer practical steps global employers can take now to prepare for a culture of early resolution and legally robust fairness practices.

In this episode of our Safety Perspectives From the Dallas Region podcast series, shareholders John Surma (Houston) and Frank Davis (Dallas) break down a new Amarillo federal lawsuit that challenges OSHA’s authority to issue safety standards as an unconstitutional delegation of legislative power. The speakers analyze how the case intersects with recent Supreme Court trends post-Loper Bright, discuss potential outcomes and risks for employers (including reliance on the General Duty Clause), and consider what this could mean for federal OSHA versus state-plan states and ongoing enforcement strategy.

In this episode of Dirty Steel-Toe Boots, Phillip Russell (shareholder, Tampa) and Lance Witcher  (shareholder, St. Louis), discuss how to empower your workforce through developing, training on, and executing effective OSHA inspection protocols. From definitions of rights and responsibilities, to how to handle document requests and employee interviews, Lance and Phillip provide practical insights that will help prepare your safety and operational teams for any OSHA visit.

In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York) and Goli Rahimi (Chicago) discuss major employment law changes in Poland, Belgium, and the Netherlands. Goli and Shirin, both of whom are members of the firm’s Cross-Border Practice Group, highlight a Polish Labor Code provision that significantly impacts how length of service is calculated, thereby affecting an employee’s statutory rights to notice of termination, severance, and paid leave. They also cover the introduction of a cap on notice periods for terminations in Belgium and the Netherlands’ Netherlands’ Clarification of Assessment of Employment Relations and Legal Pr...

In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York) and Goli Rahimi (Chicago) discuss major employment law changes in Poland, Belgium, and the Netherlands. Goli and Shirin, both of whom are members of the firm’s Cross-Border Practice Group, highlight a Polish Labor Code provision that significantly impacts how length of service is calculated, thereby affecting an employee’s statutory rights to notice of termination, severance, and paid leave. They also cover the introduction of a cap on notice periods for terminations in Belgium and the Netherlands’ Netherlands’ Clarification of Assessment of Employment Relations and Legal Pr...

Holiday gifts feel generous—but for payroll they’re often taxable. In this episode of Payroll Brass Tax, Mike Mahoney (shareholder, Morristown/New York) and Stephen Kenney (associate, Dallas) break down when gifts, gift cards, and raffle prizes count as wages, and how the de minimis fringe benefit rules really work. The speakers also discuss the mechanics of valuation, timing, withholding, and gross-ups to help employers avoid audit surprises and keep the season compliant.

In part two of this two-part Payroll Brass Tax podcast series, Mike Mahoney (shareholder, Morristown/New York), who is the chair of the Employment Tax Group, and Stephen Kenney (associate, Dallas) continue their conversation about unemployment tax rate notices. The speakers discuss managing claims to protect employers’ rates and different strategies like voluntary contributions, with special guidance for M&A, nonprofits, seasonal industries, and multistate employers.

n this podcast recorded at our 2025 Corporate Labor and Employment Counsel Exclusive® seminar, Tiffany Stacy (office managing shareholder, San Antonio) and Lisa Burton (office managing shareholder, Boston, Portland, ME) explore the complexities of conducting investigations of highly sensitive issues. Lisa and Tiffany offer insights and tips for handling claims involving sexual harassment, alleged incidents of sexual assault or similar misconduct, and cases with potentially aggravating circumstances such as minor employees and/or the use of substances. The speakers cover important considerations such as maintaining confidentiality, preserving evidence, the value of attorney-client privilege, the importance of having an investigator with h...

In part one of this two-part Payroll Brass Tax podcast series, Mike Mahoney (shareholder, Morristown/New York), who is the chair of the Employment Tax Group, is joined by Stephen Kenney (associate, Dallas) to demystify unemployment tax rate notices—the one piece of mail that can swing your payroll costs by thousands or even millions. The speakers unpack how rates are calculated, what to check the moment a notice arrives, as well as when and how to appeal.

In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York) and Patty Shapiro (San Diego) discuss Spain’s new Royal Decree 1155/2024, which clarifies when non-European Union (EU) nationals holding a valid work permit in another EU member state can perform short-term, project-based work in Spain without securing a separate Spanish permit. The speakers explain the criteria for posted workers, outline the visa and residence requirements for assignments lasting up to 180 days, and offer practical takeaways for global employers managing cross-border deployments.

In this episode of our Cross-Border Catch-Up podcast series, Patty Shapiro (shareholder, San Diego) and Shirin Aboujawde (of counsel, New York) discuss the complexities of conducting background checks from an international employment law perspective. The speakers review the varying regulations and practices across different jurisdictions, including limitations on criminal background checks, the nuances of employment references, and the permissibility of drug testing and medical exams.

In this episode of our Cross-Border Catch-Up podcast series, Lina Fernandez (Boston) joins Julie Brooks (New York) to discuss Italy’s fast-evolving rules on fixed-term contracts, from the 12- and 24-month thresholds to the new grounds introduced by Law 85/2023. The speakers also explain caps on headcount, fresh prohibitions, heightened damages exposure and the practical steps multinationals must take now to avoid unintended conversions to open-ended employment.

In this podcast recorded at our recent Corporate Labor and Employment Counsel Exclusive® seminar, Nonnie Shivers (office managing shareholder, Phoenix) and Scott Kelly (shareholder, Birmingham) discuss the rapidly changing and increasingly complex legal landscape surrounding diversity, equity, and inclusion (DEI) initiatives, focusing on recent enforcement trends and guidance from the EEOC and Department of Justice. Scott, who is chair of the firm’s Workforce Analytics and Compliance Practice Group and Government Contracting and Reporting Practice Group, and Nonnie, who is co-chair of the firm’s Diversity, Equity, and Inclusion Compliance Practice Group, provide insights into new priorities, enforcement actions, and p...