Ogletree Deakins Podcasts

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

In this installment of our Workplace Strategies Watercooler 2025 podcast series, Bill Grob (shareholder, Tampa) sits down with Jennifer Colvin (shareholder, Chicago) and Katie Terry (Assistant General Counsel—Vice President Legal, Mphasis) to discuss the impact of social influences on workforce motivations and communication styles across different generations in the workplace. The conversation focuses on how employers can maximize the strengths of their multigenerational workforce by promoting open communication, encouraging collaboration, providing employee training and individual development opportunities, and offering flexibility in work practices.

In this installment of our Workplace Strategies Watercooler 2025 podcast series, shareholders Christina Mallatt (Indianapolis), who co-chairs the firm’s Drug Testing Practice Group, and Brent Kettelkamp (Minneapolis) discuss the history of drug testing and the current dynamics of this complex and rapidly evolving field. Brent and Christina focus on the implications of legal marijuana use and the growing prevalence of opioid use, whether legal or otherwise. The speakers also explore how employers can establish and enforce effective and legally compliant drug and alcohol testing policies and protocols that are specifically tailored to meet their workplace safety requirements and align wi...

In this installment of our Workplace Strategies Watercooler 2025 podcast series, John Stretton (shareholder, Stamford) and Maria Greco Danaher (shareholder, Pittsburgh) discuss mental well-being and mental health issues in the workplace. Maria and John highlight the challenges employers face when dealing with employees who have mental health conditions, and explore common issues, such as anxiety, depression, addictive behaviors, introversion, and discrimination concerns. The speakers provide tips on how to recognize, discuss, and manage anxiety among employees. They also share effective practices for promoting a professional and emotionally supportive work environment while properly handling accommodation requests under the Americans with Disabilities Act...

In this installment of our Workplace Strategies Watercooler 2025 podcast series, shareholders Heather Ptasznik (Detroit (Metro)), Dalton Green (Raleigh), and Burt Garland (St. Louis) discuss the most challenging aspects of leave management—with a particular focus on navigating the Family and Medical Leave Act (FMLA). Heather, Dalton, and Burt tackle the most common pain points in leave administration, including what frontline managers should listen for and how HR can proactively manage the process to minimize legal risks. The speakers answer the most common questions on managing the FMLA, covering topics such as what constitutes proper notice, chronic condition certifications, tracking int...

In this podcast, shareholders Nonnie Shivers (Phoenix) and Scott Kelly (Birmingham) discuss the complexities of participating in and/or sponsoring cultural events that celebrate diversity, equity, and inclusion (DEI) in light of the current administration’s scrutiny of such programs. Using Pride Month as a focal point, Scott and Nonnie—who co-chairs the firm’s Diversity, Equity, and Inclusion Compliance Practice Group—review the legalities and risks associated with these events. They also offer strategies for employers to balance celebration, education, and compliance while fostering an inclusive workplace.

In this installment of our Workplace Strategies Watercooler 2025 podcast series, three key members of our Diversity, Equity, and Inclusion (DEI) Compliance Practice Group—Simone Francis (St. Thomas/New York), Scott Kelly (Birmingham), and Nonnie Shivers (Phoenix)—address the status of DEI initiatives as they face unprecedented scrutiny. The speakers start by level setting about the status of equal employment opportunity laws, Title VII, Section 1981, and protected characteristics, while outlining strategies for adapting to increased DEI oversight and initiatives from the new administration. Nonnie (who co-chairs the firm’s DEI Compliance Practice Group) drills down on the guardrails organizations can put in...

In this installment of our Workplace Strategies Watercooler 2025 podcast series, Tom Davis (shareholder, Nashville) and Tom Stanek (shareholder, Phoenix)—both of whom are chairs of the firm’s Traditional Labor Relations Practice Group—are joined by Sara E. Olschewske (shareholder, Greenville) to provide the latest updates from the National Labor Relations Board (NLRB). Our speakers reflect on the NLRB under the former administration, when the agency overruled significant precedent and created new rules, most of which dramatically favored labor unions—and how the change in administration has created the opportunity to appoint a new general counsel and two new Board membe...

In this installment of our Workplace Strategies Watercooler 2025 podcast series, Jenn Betts (shareholder, Pittsburgh), Simon McMenemy (partner, London), and Danielle Ochs (shareholder, San Francisco) discuss the evolving landscape of artificial intelligence (AI) in the workplace and provide an update on the global regulatory frameworks governing AI use. Simon, who is co-chair of Ogletree’s Cybersecurity and Privacy Practice Group, breaks down the four levels of risk and their associated regulations specified in the EU AI Act, which will take effect in August 2026, and the need for employers to prepare now for the Act’s stringent regulations and steep penalties for n...

In this installment of our Workplace Strategies Watercooler 2025 podcast series, shareholders Lauren Hicks (Indianapolis/Atlanta), Chris Near (Columbia), and Jay Patton (Birmingham), provide updates about the Office of Federal Contract Compliance Programs (OFCCP) under the new administration, as well as recent matters of interest to federal contractors. Jay offers listeners an update on the shortened EEO-1 filing cycle, along with anticipated changes for reporting on non-binary employees, as well as a reminder about continuing obligations for protected veterans and individuals with disabilities. Lauren provides insights on changes to OFCCP’s headcount and structure, the agency’s possible enforcement initiatives, and cer...

Ogletree Deakins’ new podcast series, Payroll Brass Tax, offers insights into frequently asked questions about employment and payroll tax. In the inaugural episode, Mike Mahoney (shareholder, Morristown/New York) and Stephen Kenney (associate, Dallas) discuss paid time off (PTO) donation programs, which allow employees to support each other during challenging times, such as natural disasters or prolonged illnesses. Stephen and Mike explain the three types of PTO donation programs—general, medical emergency, and natural disaster—and highlight the tax implications and administrative considerations associated with each type. The speakers emphasize the importance of carefully structuring PTO donation programs to avoid...

In the second part of the two-part Workplace Strategies Watercooler 2025 podcast series on changes employers can expect from the new administration, Jim Plunkett (shareholder, Washington, D.C.) continues his discussion on post-election policy changes with three additional panelists. Stacy Bunck (shareholder, Kansas City) covers the recent changes at the U.S. Equal Employment Opportunity Commission (EEOC), including the Commission’s new makeup, its impact on the agency’s priorities and actions, and how employers can comply with recent EEOC guidance on diversity, equity, and inclusion (DEI) policies and the Pregnant Workers Fairness Act (PWFA). Next, Tina Ho (shareholder, Washington, D.C...

In this installment of our Workplace Strategies Watercooler 2025 podcast series, Luther Wright offers listeners an engaging discussion on how employers can create a cohesive and resilient workforce in the face of change, conflict, and uncertainty. Luther, who is the office managing shareholder of Ogletree’s Nashville office and the firm’s Assistant Director of Client Training, shares strategies for strengthening team connections, enhancing communication, and maintaining a positive work culture during uncertain times. He also provides actionable insights on leading through change while promoting unity and collaboration throughout the organization.

In this episode of our Cross-Border Catch-Up podcast series, Goli Rahimi (Chicago) and Lina Fernandez (Boston) discuss Chile’s new Karin Law, officially known as Law Number 21.647, and break down the law’s key provisions and its implications for employers. Lina and Goli explain how this comprehensive legislation aims to prevent and address workplace harassment and violence by establishing clear definitions, procedures, and preventive measures to promote safer and more respectful work environments. They also outline the responsibilities of employers to create internal protocols, educate employees on how to report misconduct, and investigate complaints in a timely manner.

In part one of this two-part Workplace Strategies Watercooler 2025 podcast series on changes employers can expect from the new administration, Jim Plunkett (shareholder, Washington, D.C.) sits down with Scott Kelly (shareholder, Birmingham) to discuss the current status and challenges faced by federal contractors following changes at the Office of Federal Contract Compliance Programs (OFCCP) due to President Trump’s Executive Order 14173, including the revocation of EO 11246, compliance options, and ongoing obligations under federal anti-discrimination laws. Next, Jim speaks with John Merrell (shareholder, Greenville) regarding expected changes in traditional labor policy, including the makeup of the National Labor Relations Bo...

In this installment of our Workplace Strategies Watercooler 2025 podcast series, Dee Anna Hays (shareholder, Tampa) and Lucas Asper (shareholder, Greenville), who are co-chairs of the firm’s Multistate Advice and Counseling Practice Group, join Todd Duffield (shareholder, Atlanta) to discuss the latest tips and trends for multistate handbooks. Dee Anna, Lucas, and Todd touch on various state and local law-specific issues and key topics for employers’ consideration, including revisiting diversity, equity, and inclusion (DEI), leaves of absence, and reasonable accommodation policies. They also stress the importance of understanding employee monitoring and privacy limitations and employee rights to engage in prot...

In this installment of our Workplace Strategies Watercooler 2025 podcast series, the speakers from our interactive Accommodations Workshop offer an information-packed look at complex issues under the Americans with Disabilities Act (ADA). Jamie Brod Ashton (shareholder, Dallas) kicks things off by highlighting common mistakes employers often make during the interactive process, including failing to recognize requests for an accommodation, neglecting to conduct individualized assessments, and providing accommodations that remove essential job functions. Charles Thompson (shareholder, San Francisco) and Sheri Giger (shareholder, Pittsburgh) clarify the factors that may justify a failure to accommodate. Charles, who co-chairs the firm’s Leaves of Ab...

In this episode of our Multistate Monday podcast series, Dee Anna Hays (co-chair of the firm’s Multistate Advice and Counseling Practice Group), Susan Gorey, and Stephanie Generotti continue their discussion on E-Verify, I-9 requirements, and state-specific mandates. In part two of their conversation, they focus on three types of warrant-based scenarios—administrative, judicial, and operational search—and explain the purpose and scope of each type of warrant. They also emphasize the importance of employers being prepared to respond appropriately to each scenario by designating a point of contact and training frontline employees who may be the first to encoun...

In this episode of our Cross-Border Catch-Up podcast series, Lina Fernandez (Boston) and Kate Thompson (New York/Boston) delve into the latest developments in Australia’s non-compete legislation. Kate and Lina specifically discuss the proposed ban on non-compete clauses for employees earning below the high-income threshold of $175,000 AUD, its potential impact on job mobility, and how businesses may need to adjust their strategies to protect sensitive information and retain top talent.

In this episode of our Multistate Monday podcast series, Dee Anna Hays, a shareholder in the firm’s Tampa office and co-chair of the Multistate Advice and Counseling Practice Group, sits down with Susan Gorey (senior counsel, Indianapolis) and Stephanie Generotti (of counsel, Tampa) to discuss the evolving landscape of E-Verify requirements across various states. They provide crucial insights on how employers can prepare for potential I-9 audits and non-warrant-based U.S. Immigration and Customs Enforcement inspections, ensuring compliance and minimizing disruptions.

In this podcast, Shareholder Michael McKnight (Raleigh) and Associate Lauren Watson (Raleigh) discuss the primary privacy challenges that manufacturers face, including pitfalls and best practices surrounding employee monitoring, biometric data collection, and information storage, especially when employers use tools enabled with artificial intelligence (AI) to surveil employees. In addition, Lauren and Michael discuss how manufacturers can comply with various state and sector-specific privacy laws and provide practical tips for manufacturers responding to data breaches. Michael and Lauren offer valuable insights on how manufacturers can balance the need to comply with the various privacy laws, protect their employees’—and the empl...

In this podcast, Sacramento shareholders and co-chairs of the Workplace Violence Prevention Practice Group, Karen Tynan and Robert Rodriguez, discuss the significant changes brought by SB 553, California’s Workplace Violence Prevention Plan Law, and the implications of its draft regulations. They review specific requirements of the draft regulations and how those requirements may lead to increased costs and overlap with existing requirements such as those in the workers’ compensation system. Robert and Karen emphasize the importance that California employers stay informed and prepare for these regulatory changes.

In this podcast, Karen Tynan (shareholder, Sacramento) sits down with Stefan Borovina (of counsel, New York) to discuss the New York Retail Worker Safety Act and provide essential information for New York retail employers. Stefan and Karen, who is a co-chair of the Workplace Violence Prevention Practice Group, discuss how to determine which businesses are subject to the act, the act’s procedural history, key amendments, and compliance requirements. The speakers also take a deep dive into the act’s training and notice provisions, which take effect on June 2, 2025.

In this podcast, Karen Tynan and Robert Rodriguez—who are the co-chairs of Ogletree Deakins’ Workplace Violence Prevention Practice Group—answer the most frequently asked questions (FAQs) on California’s workplace violence law. Robert and Karen, both of whom are shareholders in the firm’s Sacramento office, review essential training requirements, the importance of maintaining accurate violent incident logs, and best practices for involving employees in developing effective prevention plans to ensure the workplace remains safe and compliant with Senate Bill (SB) No. 553, which went into effect on July 1, 2024.

In the second part of this two-part series, Ben Perry (shareholder, Nashville) and Lauren Watson (associate, Raleigh) discuss the use of artificial intelligence (AI)-powered note-taking and recording tools in the workplace. Ben (who is co-chair of the firm’s Cybersecurity and Privacy Practice Group) and Lauren discuss the various risks and considerations companies may need to address when using AI tools, particularly focusing on data security, employee training, and compliance with evolving legal regulations. They emphasize the importance of conducting due diligence, implementing strong security measures, and providing proper employee training to mitigate potential risks associated with these AI...

In this episode of our Safety Perspectives From the Dallas Region series, John Surma (Houston) and Frank Davis (Dallas) delve into the intricacies of OSHA’s Rapid Response Investigation (RRI) letter and the emerging trend of OSHA’s use of email questionnaires that the agency doesn’t treat like an RRI letters. Frank and John discuss the implications of these communications, how employers can respond, and the potential legal ramifications of responding to these communications, providing valuable insights for navigating OSHA’s investigative processes.