Ogletree Deakins Podcasts

40 Episodes
Subscribe

By: Ogletree Deakins

Welcome to the Ogletree Deakins podcast page. Here, you can expect to hear timely and conversational discussions on labor and employment law topics covering the latest developments and trending issues impacting employers. We encourage you to subscribe and also rate and review if you find the podcast useful. Now that you’re a listener, here’s a little bit about us. Ogletree Deakins is an international labor and employment law firm representing management in every aspect of labor and employment-related legal matters. We represent employers of all sizes and across many industries, from small businesses to Fortune 50 companies. We provide cove...

Inside the Exclusive: The EEOC’s New Enforcement Priorities, Part 3—Disability Discrimination
Today at 12:56 PM

In this podcast recorded at our recent Corporate Labor and Employment Counsel Exclusive® seminar, Tae Phillips (shareholder, Birmingham), Jim Paul (shareholder, St. Louis/Tampa), and Scott Kelly (shareholder, Birmingham) continue their discussion of the EEOC’s evolving enforcement priorities—this time focusing on disability discrimination. Jim (who is co-chair of the firm’s Disability Access Practice Group) highlights a lack of new federal initiatives on disability access, a reduction in federal enforcement resources, and an increase in private and state-level actions regarding disability rights. The episode concludes with practical advice for employers to maintain strong disability accommodation policies and emphasi...


Cross-Border Catch-Up: Germany’s Working Hours Recording Requirements
Today at 12:52 PM

In this episode of our Cross-Border Catch-Up podcast series, Goli Rahimi (Chicago) and Tatjana Serbina (Berlin) break down Germany’s evolving requirements for recording employee working hours. The speakers discuss the 2019 European Court of Justice ruling mandating all EU member states to require employers to establish an objective system of recording employee working hours under the working time directive and how Germany has since implemented this decision in its own laws. The speakers provide practical steps employers should take to ensure compliance—especially in the era of remote and flexible work.


Inside the Exclusive: The EEOC’s New Enforcement Priorities, Part 2—Religious Discrimination, Harassment, and Accommodations
Last Thursday at 9:21 PM

In this podcast recorded at our recent Corporate Labor and Employment Counsel Exclusive® seminar, Tae Phillips (shareholder, Birmingham), Jim Paul (shareholder, St. Louis/Tampa), and Scott Kelly (shareholder, Birmingham) continue their discussion of the EEOC’s evolving enforcement priorities—this time addressing religious discrimination, harassment, and accommodations in the workplace. Jim (who is co-chair of the firm’s Disability Access Practice Group) examines recent trends, including the rise in religious accommodation requests, the impact of federal executive orders, and the challenges employers face in navigating religious and political overlap in employee requests. The conversation highlights the complexities of accommodating diverse...


Inside the Exclusive: AI-Driven Hiring and Recruitment—Key Compliance Considerations for In-House Counsel
Last Thursday at 11:54 AM

In this podcast recorded at Ogletree’s recent Corporate Labor and Employment Counsel Exclusive® seminar, Kristin Higgins (office managing shareholder, Dallas) and Jenn Betts (office managing shareholder, Pittsburgh) discuss the use of artificial intelligence (AI) by employers, including in hiring and recruiting. Jenn, who is co-chair of Ogletree Deakins’ Technology Practice Group, and Kristin provide an overview of California’s newly effective regulations prohibiting employers from using an “automated decision system” to discriminate against applicants or employees on a basis protected by the California Fair Employment and Housing Act. Kristin offers an overview of the consumer-focused Texas Responsible Artificial Intelligence...


Cross-Border Catch Up: Unlocking the Secrets of APAC Employment Laws
Last Wednesday at 12:08 PM

In this episode of our Cross-Border Catch-Up podcast series, Patty Shapiro (shareholder, San Diego) and Goli Rahimi (of counsel, Chicago) focus on the multifaceted Asia Pacific (APAC) region, home to over 40 countries, each with its own legal system, language, and business culture. Goli and Patty explore the diverse landscape of employee protections and employer obligations, from hiring and onboarding to employment contracts and terminations.

They highlight critical stages where compliance risks may arise and the importance of understanding cultural norms. Patty and Goli also provide a brief overview of Japan’s lifetime employment system and South Korea’s si...


Inside the Exclusive: The EEOC’s New Enforcement Priorities, Part 1—National Origin Discrimination
Last Tuesday at 11:38 AM

In part one of this podcast series recorded at our recent Corporate Labor and Employment Counsel Exclusive® seminar, Scott Kelly (shareholder, Birmingham), Tae Phillips (shareholder, Birmingham), and Jim Paul (shareholder, St. Louis/Tampa) discuss the EEOC’s new enforcement priorities, with a particular focus on national origin discrimination and the agency’s increased emphasis on protecting workers from anti-American bias. Tae (who is co-chair of the firm’s Drug Testing Practice Group) and Scott (who chairs the firm’s Workforce Analytics and Compliance Practice Group) review recent statements from the EEOC’s acting chair, highlight the legal definitions and practical i...


Inside the Exclusive: Restrictive Covenants Under the Microscope—Trends and Insights
Last Tuesday at 11:31 AM

In this podcast recorded at our recent Corporate Labor and Employment Counsel Exclusive® seminar, Christine Bestor Townsend (shareholder, Milwaukee/Chicago) and Tobias Schlueter (shareholder, Chicago), explore the dynamic landscape of restrictive covenants, offer updates on recent developments, and emphasize the need for employers to adopt thoughtful, tailored approaches to ensure enforceability, Tobias and Christine, who is co-chair of the firm’s Unfair Competition and Trade Secrets Practice Group, offer an overview of the evolving focus of the Federal Trade Commission (FTC), discuss current federal agency focus on restrictive covenant agreements, state developments, and reflect on trends in the area, inc...


Inside the Exclusive: Sorting Out Multistate Compliance Amid Shifting Federal Priorities
10/27/2025

In this podcast recorded at our recent Corporate Labor and Employment Counsel Exclusive® seminar, Dee Anna Hays (shareholder, Tampa) and Sarah Kuehnel (shareholder, Tampa/St. Louis) discuss the increasingly complex challenge of complying with a multitude of varying state laws in an era of significant changes in federal policies. Sarah and Dee Anna (who is co-chair of the firm’s Multistate Advice and Counseling Practice Group) explore the implications of key federal changes on state-level regulations and the heightened need for employers to adapt to various state laws on issues like wage and hour requirements, mandatory leave programs, noncompete agr...


No Tax, No Problem for Hospitality Employers, Part 1: The New No Tax on Tips and Overtime Provisions Explained
10/24/2025

In this inaugural episode of Ogletree’s No Tax, No Problem podcast series, Scott DeLuca (of counsel, Buffalo) and Chris Hammon (shareholder, Miami)—who are the co-chairs of Ogletree Deakins’ Hospitality Group, are joined by Mike Mahoney (shareholder, Morristown/New York) to discuss the “no tax on tips or overtime” provisions of the One Big Beautiful Bill Act. Mike, who is the chair of the firm’s Employment Tax Practice Group, explains what qualifies as tips and tipped occupations, how withholdings would change, and when the rules would kick in. The speakers also examine potential impacts on service and hourly worke...


Inside the Exclusive: Disciplining Employees Who Have Filed Complaints—Without Inviting Retaliation Claims
10/24/2025

In this podcast recorded at our recent Corporate Labor and Employment Counsel Exclusive® seminar, Stacy Bunck (shareholder, Kansas City) and Will Ruggiero (shareholder, Stamford) discuss retaliation claims in the workplace, particularly focusing on best practices for disciplining employees who have filed complaints. Will and Stacy share insights on the prevalence of retaliation claims, legal standards, and real-world case examples to illustrate how employers can mitigate risk and defend against such allegations. The conversation emphasizes the importance of thorough documentation, objective decision-making, and careful handling of sensitive employment situations.


Global Reorganization Playbook: Top Tips for Employers
10/23/2025

In this podcast, Roger James (partner and co-chair of Ogletree Deakins’ Global Reorganizations Practice Group, London) and Kate Martin (of counsel, London) present practical strategies for executing the HR side of complex cross-border restructurings such as RIFs with confidence. The speakers emphasize the importance of planning and coordination with these projects and distill essential legal and operational considerations into clear, actionable tips for upcoming reorganizations.


The AI Workplace: Legal Considerations for Deploying AI Notetakers
10/22/2025

In this episode of The AI Workplace podcast series, Sam Sedaei (associate, Chicago) is joined by Simone Francis (office managing shareholder, St. Thomas; shareholder, New York) to unpack what AI notetakers are and the legal risks they raise at work, including all‑party consent, privacy and notice obligations, privilege and trade secrets, NLRA considerations, transcript access/retention, and litigation holds. The speakers also discuss vendor due diligence, limits on training data, security controls, and how to craft clear, balanced policies tailored to different use cases and audiences.


Litigation Lens: 7th Circuit Rules Reasonable Accommodations Must Be Effective, Not Perfect
10/21/2025

In this episode of Ogletree Deakins’ Litigation Lens podcast series, shareholders Michael Nail (Greenville) and Fiona Ong (Baltimore) dissect a Seventh Circuit Court of Appeals case concerning an accommodation request brought under the Rehabilitation Act. The speakers explain why the Seventh Circuit found the employer’s alternative accommodation reasonable in a case involving a VA hospital employee’s request for parking and scooter storage amid COVID-19-related entrance changes. Michael and Fiona—emphasize that accommodations must be effective, not perfect—and cover the interactive process, changing accommodations without proving undue hardship, and damages considerations.


EEOC Exclusive: Discussing the Commission’s Priorities with Quorum Restored
10/20/2025

In this episode of Ogletree Deakins’ EEOC Exclusive podcast series, Adam Dougherty (shareholder, Dallas), D’Ontae D. Sylvertooth (shareholder, Washington), and Sean Oliveira (associate, St. Louis) discuss the priorities, philosophy, and early actions of the new EEOC leadership, exploring what the Commission’s approach (both before and after quorum) means for employers, employees, and ongoing enforcement. The speakers break down how shifts on DEI, religious accommodation, pregnancy-related policies, and systemic enforcement could reshape compliance strategies for employers and litigation risk in the months ahead.


H-1B Cap Season Debrief: Selection Rates, Rule Changes, and Backup Plans
10/17/2025

In this podcast, Meagan Dziura (Raleigh) and Awanti Damle Sharda (Raleigh) provide a comprehensive update on the latest H-1B cap lottery results, highlighting increased selection rates, a sharp drop in multiple registrations, and the potential for a new wage-weighted selection system. The speakers also discuss practical next steps for employers and employees not selected in the lottery, including alternative visa options and strategic planning for future H-1B seasons.


EEOC Exclusive: Shutdown 101—What It Means, Who It Hits, and What’s Next
10/17/2025

In this episode of our EEOC Exclusive podcast series, Adam Dougherty (shareholder, Dallas) sits down with D’Ontae Sylvertooth (shareholder, Washington) and Sean Oliveira (associate, St. Louis) to deliver a clear, timely breakdown of what a government shutdown means, why it happens, and how it affects everything from employers to federal workers to everyday services. The speakers unpack the politics and process behind funding standoffs, the real-world consequences for businesses, and what to watch in the days ahead.


FMLA Compliance: Tools to Curb Abuse and Protect Your Business
10/15/2025

In this podcast, Heather Ptasznik (shareholder, Detroit (Metro)) breaks down the challenges of managing intermittent Family and Medical Leave Act (FMLA) leave, from spotting red flags of potential abuse to maintaining consistency and morale. Heather shares practical tools for employers—clear call-out policies, certifications and recertifications, second opinions, lawful surveillance, and manager training—to keep programs compliant, fair, and defensible.


Cross-Border Catch-Up: Charting Safe Passage Through Caribbean Workforce Restructurings
10/14/2025

In this episode of our Cross-Border Catch-Up podcast series, Carlos Colón-Machargo and Kate Thompson explore the legal complexities of reductions in force (RIFs) across the Caribbean. In this episode, the speakers unpack the differences between individual and collective redundancies, highlight key procedural requirements and jurisdictional quirks, and offer practical tips to help employers navigate RIFs without triggering litigation.


Safety Perspectives from the Dallas Region: From Chevron to Jarkesy—The Supreme Court’s Shadow on Safety Law
10/09/2025

In this episode of our Safety Perspectives From the Dallas Region podcast series, shareholders John Surma (Houston) and Frank Davis (Dallas) discuss the recent Fifth Circuit decision that found the dual for-cause removal protections for administrative law judges (ALJs) at the National Labor Relations Board unconstitutional and its implications for the Occupational Safety and Health Review Commission (OSHRC). The speakers break down how this ruling could halt OSHA enforcement proceedings in the Fifth Circuit, potentially render the current OSHRC structure unconstitutional, and force Congress to revisit the statutory framework for workplace safety adjudication.


Safety Basics XVI: State Plans vs. Federal OSHA—Key Compliance Insights
10/02/2025

In this episode of Ogletree Deakins’ Safety Basics podcast series, shareholders John Surma (Houston) and Karen Tynan (Sacramento) discuss the intricacies of state plans in comparison to federal Occupational Safety and Health Administration (OSHA) regulations. John and Karen, who is co-chair of Ogletree’s Workplace Safety and Health Practice Group, explore the processes for approval and monitoring, highlight differences in recording and reporting requirements, and examine the nuances of inspections, citations, appeals, and settlements in states that have their own plans.


Litigation Lens: Unpacking ADA Compliance After the Second Circuit’s Expansive Ruling
09/22/2025

In this second episode of Ogletree Deakins’ new podcast series Litigation Lens, Michael Nail (Greenville) is joined by Fiona Ong (Baltimore) and Sarah Zucco (New York) to discuss a recent Second Circuit decision that clarifies employers’ obligations to provide reasonable accommodations under the Americans with Disabilities Act (ADA)—even when an employee can technically perform essential job functions without them. The speakers unpack the facts of a case involving a New York teacher’s request for accommodations due to post-traumatic stress disorder (PTSD), explain the court’s rejection of a “necessity-only” standard, and offer practical tips for navigating the fact-intensive...


Cross-Border Catch-Up: Global Hiring—Choosing Between Employer and Agent of Record
09/19/2025

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 Kate Thompson (associate, New York/Boston) discuss the nuances of global hiring, focusing on the differences between an employer of record (EOR) and an agent of record (AOR). The speakers evaluate the pros and cons of each model, highlight compliance risks, and provide practical tips for employers to effectively and compliantly build their international teams.


Safety Basics XIV: Legal Strategies for Challenging OSHA Citations on Judicial Review
09/18/2025

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.


Cross-Border Catch-Up: Cultural Sensitivity in the Global Workforce
09/17/2025

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.


Cross-Border Catch-Up: The 468 Rule—What It Means for Hong Kong’s Part-Time Workforce
08/27/2025

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.


Payroll Brass Tax: SUB Plans—A Cost-Effective Alternative to Traditional Severance
08/26/2025

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.


EEOC Exclusive: Looping in Loper Bright—The Discussion
08/22/2025

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.


Ensuring Smooth Entry: Managing Business Travel in the U.S.
08/20/2025

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.


Safety Basics XIII: From Inspections to Indictments—The Risks of Criminal Liability in Workplace Safety
08/15/2025

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.


Safety Perspectives From the Dallas Region: Anatomy of an OSHA Whistleblower Investigation, Part 2
08/07/2025

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...


Payroll Brass Tax: Changes in Tip and Overtime Taxation
07/31/2025

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.


Safety Perspectives From the Dallas Region: Anatomy of an OSHA Whistleblower Investigation, Part 1
07/24/2025

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 The Breakroom With Bill, 8: Workplace Affairs, HR Integrity, and Organizational Trust
07/23/2025

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.


Cross-Border Catch-Up: Understanding Colombia’s New Labor Reform Law 2466
07/23/2025

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.


The AI Workplace: French Court Rules on Works Councils’ Role in AI Tool Rollout
07/16/2025

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...


Payroll Brass Tax: Final Paychecks for Deceased Employees
07/14/2025

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...


Cross-Border Catch-Up: The Return to Office Transition for Global Employers
07/11/2025

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.


Cross-Border Catch-Up: Genuine Selection Criteria in Malaysian Retrenchments
07/10/2025

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.


President Trump’s Immigration Impact, Part 2: Analyzing the First 140 Days
07/09/2025

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.


President Trump’s Immigration Impact, Part 1: Analyzing the First 140 Days
07/08/2025

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.