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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 Governance Act, which goes into effect in January. They conclude the discussion with pointers for employers, such as forming workgroups to evaluate new AI tools before deploying them in the workplace.
The AI era in law is no longer theoretical; it is operational, with leaders like LexisNexis defining themselves as AI-powered information providers and launching sophisticated agentic AI tools like Protégé. Large firms, exemplified by BakerHostetler's strategic three-year partnership with vLex for its Vincent AI platform, are actively adopting domain-specific solutions to drive intelligent, transformative outcomes for clients. Legal workflow companies, such as Litera, are also intensifying the competition, rolling out tools like the Lito AI agent to simplify tasks and boost productivity for thousands of lawyers, often at no extra cost. LexisNexis CEO: the AI law era is already here2025-10-27 | EUROPE SAYSBiglaw Firm Signs Deal, Proving Clio's Enterprise Play Already Has Legs2025-10-27 | Above The LawDebunking the Myth: Legal AI and the Limits of Comparison2025-10-27 | Elevate ServicesBakerHostetler Partners with vLex to Provide Comprehensive, Innovative AI Platform to Enhance Client Services2025-10-27 | Bluefield Daily TelegraphLitera gets into the agentic AI game with formal Lito launch2025-10-27 | Legal Technology InsiderLegal IT Latest: Tessaract raises £4.6m Series A, Integreon hunts for CEO, BakerHostetler partners with vLex + more2025-10-27 | Legal Technology InsiderAI in the Legal Profession Events2025-10-27 | Bracewell LLPLeveraging Legal Technology to Improve Efficiency in Modern Law Firms2025-10-27 | Lawyer MonthlyStaying Ahead: The Latest in Legal Tech Center – Q3 2025 Edition | Above The Law2025-10-27 | Above The LawBakerHostetler Partners with vLex to Provide Comprehensive, Innovative AI Platform to Enhance Client Services Arrow Right2025-10-27 | Baker HostetlerClio Legal Trends Report | ClioCon 20252025-10-27 | On the Road Podcast - Legal Talk NetworkWhy Artificial Intelligence Is Neither Artificial, Nor Intelligent2025-10-27 | Forbes.comLitera Rolls Out Lito Agent To Boost Productivity2025-10-27 | Artificial LawyerHow Abstract's CEO Pat Utz Is Shaping AGI with Real Experience2025-10-27 | InvestorsHangout.comA Lot of Legal Content Is Now AI Garbage — Here's How to Avoid It2025-10-27 | Articles, Tips and Tech for Law Firms and LawyersHow AI And Innovation Are Empowering CEOs To Build Smarter Businesses2025-10-27 | CEOTodayMagazine.comIlona Logvinova Leaves Cleary for HSF Kramer AI Role2025-10-27 | Artificial LawyerMicrosoft Sued: Australia Claims 2.7 Million Customers Misled By AI Price Hike2025-10-27 | International Business TimesRobin AI Lays Off Staff as Growth Disappoints2025-10-27 | Artificial LawyerLitera Brings Legal AI to Everyone — at No Extra Cost2025-10-27 | Legal Technology News - Legal IT Professionals | Everything legal technologyIlona Logvinova joins HSF as global chief AI officer2025-10-27 | Legal IT InsiderAI systems can easily lie and deceive us – a fact researchers are painfully aware of2025-10-27 | RealKMHow a Fintech AI Solved the Problem that Still Haunts Legal AI2025-10-27 | Legaltech on MediumAugmented Lawyering: The Human Side of AI Adoption at Saga2025-10-27 | Legal Technology News - Legal IT Professionals | Everything legal technologyAI in the Boardroom: privilege and recording decisions2025-10-27 | White & CaseThe quantum reckoning: law's next frontier2025-10-26 | International Comparative Legal GuidesLegal Considerations for First-Time Entrepreneurs: Essential Advice2025-10-26 | Grit DailyCybersecurity Awareness Month in Focus, Part II: Practical Data Rights Request Compliance Tips for Canadian Privacy Leaders2025-10-24 | Ogletree Deakins
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 workers, payroll systems, and federal/state revenues, providing essential insights for employers in the hospitality industry.
The legal profession is experiencing a fundamental transformation as artificial intelligence rapidly shifts from a futuristic concept to an indispensable tool for efficiency and competitive advantage. Recent studies confirm that specialized AI systems are now statistically outperforming human lawyers in core legal research tasks, showcasing unprecedented speed in areas like document review and providing critical data-driven forecasts for case outcomes. Big-Law Carries Broad Potential—Here's How to Seize It2025-10-22 | JDJournalExploring Bloomberg Law's Innovative Data-Driven Programs2025-10-22 | InvestorsHangout.comHow to Write Powerful AI Prompts for Lawyers: Proven Techniques to Master Legal AI Tools2025-10-22 | Scottish Legal NewsLegal sector contributes over €6 billion per year to Irish economy2025-10-22 | Irish Legal NewsLitig unveils AI Transparency Charter to promote responsible AI adoption in the legal sector2025-10-22 | Legal IT InsiderAI beats lawyers at legal research, study finds2025-10-22 | Legal CheekCan or Should AI Judges Deliver Justice?2025-10-22 | Artificial LawyerLitig Calls on Industry to Sign Legal AI Charter2025-10-22 | Artificial LawyerWhen AI Finally Speaks The Language Of Law, Everything Changes2025-10-22 | USANews.comThe Role of Mobile Forensics in Corporate Investigations2025-10-22 | WriteUpCafe.comFully remote with no associates: Meet the ‘elite' law firm of the future2025-10-22 | City A.M.TR + DeepJudge Form Legal Data Partnership – AL Interview2025-10-22 | Artificial LawyerThomson Reuters enters partnership with DeepJudge2025-10-22 | Legal IT InsiderJuro launches first-of-its-kind integration with ChatGPT2025-10-22 | Legal Technology News - Legal IT Professionals | Everything legal technologyAustralian-made legal LLM beats OpenAI and Google2025-10-22 | Legal Technology News - Legal IT Professionals | Everything legal technologyJudge Tosses California Digital Wiretapping Claim: Here's the Good News + Lessons for Businesses2025-10-22 | Fisher & Phillips LLPWhy Sydney Is Home to Some of Australia's Best Legal Professionals2025-10-21 | A Nation of MomsWait! Don't Inadvertently Give Generative AI Your Privileged and Confidential Information2025-10-21 | JD SupraBalancing Free Speech and Online Safety in the AI Era2025-10-21 | American Legislative Exchange CouncilHere's A Guide To Help You Make Sense of Clio's New Line Up of Products and Features2025-10-21 | LawSitesThe American Legal Technology Awards Name 2025 Winners2025-10-21 | National Law ReviewEnhancing Legal Practices: Top 3 Ways Lawyers Are Utilizing AI for Greater Efficiency2025-10-21 | JDJournalAI Chatbots at the Crossroads: Navigating New Laws and Compliance Risks2025-10-21 | CooleyChina Technology Licensing: A Comprehensive Guide2025-10-21 | Harris SliwoskiCourthouse crumbles around AI2025-10-21 | Paisano Online.comAI Due Diligence in Healthcare Transactions2025-10-21 | National Law ReviewCanada: The role of well-designed prompts in applying AI to legal work2025-10-21 | Legal.ThomsonReuters.comAI law firm Garfield takes on trainee in Channel 4 experiment - but who won?2025-10-21 | NonBillable.co.ukWhen the Breach Hits the Docket: How Law Firms Should Respond When Client Files Leak to the Dark Web2025-10-21 | JD SupraMove Over, SEO: How law firms can use GEO to stand out in artificial intelligence searches2025-10-21 | ABA JournalWhy Lawyers and Law Firms Should Be Paying Attention to MSO Partnerships2025-10-21 | Holland & KnightOops! AI Made a Legal Mistake: Now What? AI Hallucinations, Professional Responsibility, and the Future of Legal Practice2025-10-21 | GenAI-LexologyCalifornia Federal Court Narrows CIPA “In-Transit” Liability for Common Website Advertising Technology and Urges Legislature to Modernize Privacy Law2025-10-21 | Duane MorrisWebsite Tracker Litigation Continues to Pose Compliance Headache: Updates on CIPA and Related Litigation2025-10-21 | Ogletree Deakins
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.
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.
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.
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, multi-jurisdictional landscape of disability accommodation law.
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.
In this episode, Pete Codella, managing director of business services at the Governor's Office of Economic Opportunity, talks with David Gray, director of human resources at Lagoon Amusement Park (Lagoon), Rob Coursey, attorney and owner at Modern Age Employment Law, and Nancy Sylvester, a labor and employment attorney at the Ogletree Deakins law firm. Gray and Coursey discuss their professional journeys and experiences with Utah's business community, focusing on Lagoon's workplace culture. Gray talks about Lagoon's commitment to hiring and mentoring young employees. Coursey highlights Lagoon's proactive approach to creating a safe and respectful environment for its employees — particularly its seasonal and youth workforce. The duo expresses a deep passion for their work and emphasizes the rewarding nature of building strong, positive workplace cultures and preparing young people for future careers. Sylvester shares her positive experiences as a parent of a teenager who worked at Lagoon. She highlights how her daughter's first job helped her develop crucial life skills such as responsibility, time management, and financial literacy. As a legal expert, Sylvester advises other parents to encourage their teens to get their first job, be vigilant for potential red flags, and maintain open communication about their work experiences with their children.
Quiet cracking is when a worker will "give up" but not quite quit. This can be doing just the bare minimum or looking for new jobs entirely. Greg and Holly talked to Nancy Sylvester , Labor and Employment Counsel for Ogletree Deakins about the latest working trend.
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.
n this episode of Ogletree Deakins' Safety Basics podcast series, John Surma (shareholder, Houston) sits down with Frank Davis (shareholder, Dallas) to discuss OSHA's imminent danger inspections. Frank and John explain what constitutes an imminent danger, the common scenarios that trigger these inspections, and the procedural steps involved. They also cover the rights and responsibilities of employers, including how to handle document requests and employee interviews, as well as the importance of immediate hazard abatement.
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 obligations for employers with remote workers in new jurisdictions.
Take action with the ACLU by visiting their website! BioKara is a Partner in Ogletree Deakins' Raleigh, NC office. She practices employment-based immigration, assisting multinational corporations in obtaining nonimmigrant visas and permanent residency for foreign national employees. She has expertise with a wide variety of temporary and permanent visa applications filed with government agencies including the U.S. Citizenship and Immigration Service, Department of State, and Department of Labor. Kara works closely with HR and Global Mobility teams to provide immigration program management and regularly advises on strategic immigration solutions, compliance matters, and regulatory changes.
Linda A. Michler, Arbitrator and Mediator, speaks with Christopher C. Murray, Partner, Ogletree Deakins, about arbitration in the health care employment space. They discuss how arbitration works; the strengths and weaknesses of arbitration; and issues related to selecting an arbitrator, cost, mediation, class action waivers, and mass arbitration. They also discuss special considerations related to health care employment arbitration, how employers and their counsel can make employment arbitration successful, and AHLA's Dispute Resolution Service and Rules of Procedure for Employment Arbitration.AHLA's Health Law Daily Podcast Is Here! AHLA's popular Health Law Daily email newsletter is now a daily podcast, exclusively for AHLA Premium members. Get all your health law news from the major media outlets on this new podcast! To subscribe and add this private podcast feed to your podcast app, go to americanhealthlaw.org/dailypodcast.
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 potential tax issues, particularly those related to the assignment of income doctrine, which provides that income is taxed to the individual who earns it, even if the right to that income is transferred to someone else.
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 episode 12 of Ogletree Deakins' Safety Basics podcast series, John Surma (shareholder, Houston) sits down with Karen Tynan (shareholder, Sacramento) to discuss the intricacies of OSHA inspections and investigations. Karen and John cover how to effectively manage interactions with OSHA and ensure compliance. They also discuss the various types of inspections, the importance of understanding employer rights, and best practices for handling document requests, walkarounds, and employee interviews.
In this installment of Ogletree Deakins' Safety Basics podcast series, John Surma (Houston) and Frank Davis (Dallas) delve into the intricacies of handling Occupational Safety and Health Administration (OSHA) citations. Frank and John discuss the stakes involved with OSHA citations, explore the potential hidden costs that extend beyond just the fines, and outline the key steps employers should consider when they receive a citation. The speakers also cover the informal conference process, the procedure for contesting citations, and the importance of evaluating how citations can impact business operations.
In this installment of Ogletree Deakins' Safety Basics podcast series, John Surma (shareholder, Houston) is joined by Robert Rodriguez (shareholder, Sacramento) to discuss the important process of workplace safety audits, specifically focusing on voluntary self-audits. In their discussion, Robert (who is co-chair of Ogletree's Workplace Violence Prevention Practice Group) and John emphasize the value and benefits of these audits, such as the ability to identify potential hazards, ensure compliance, and enhance safety culture. They also address key considerations for maintaining confidentiality and privilege throughout the audit process.
Send your burning questions to hrask.org Join us on 'This Week at Work' as we delve into the enduring presence of remote work five years post-pandemic and uncover how leadership must evolve to inspire productivity in hybrid environments. Hosts Phil and Burt have fun with a remote work failure, and explore the latest trends to navigate the evolving workplace landscape. Don't miss this engaging conversation that blends the human touch with modern work dynamics. In Episode 320 of This Week at Work, Phil Brandt, President and CEO of AAIM Employers Association, and Burt Garland of Ogletree Deakins dive deep into the hidden challenges of remote work. From employees secretly holding two jobs to legal risks of moonlighting for competitors, this episode is packed with insights every HR professional and business leader must know. Learn about recent legal cases, practical strategies for managing remote teams, and how new guidance from the EEOC could reshape DEI practices. Don't miss Lawyer on the Clock for key legal updates and Burning Questions that tackle real HR dilemmas. Brought to you by AAIM Employers Association. Timestamps: Phil Brandt opens the show: 00:06 Lawyer on the Clock segment: 20:16 Burning Questions segment: 29:11 Key Segments Remote Work Double-Dipping Case (Texas Employee Working for Competitor) Timestamp: 02:17 – 07:09 Strategies for Managing Remote Teams Effectively Timestamp: 08:18 – 19:11 Supreme Court Case on Reverse Discrimination Timestamp: 21:23 – 25:11 EEOC & DOJ DEI Guidance Warning Timestamp: 29:11 – 33:30
Mastering Dual Defense: Navigating Workers' Compensation Claims and OSHA Compliance with Melissa BaileyJennifer White of Peterson White LLP and Steve Armstrong of Armstrong Peake PLLC interview attorney Melissa Bailey of Ogletree Deakins regarding her knowledge and expertise of OSHA defense litigation. In this episode, Melissa covers how an employer can be impacted if they admit liability in OSHA claims. She covers the Unpreventable Employee Misconduct (UEM) defense and the role of supervisors in OSHA defense. An employer's ability to do business can be affected if they admit to liability. Also covered is how some states add on a multiplier penalty in the workers' compensation claim if there is a safety violation. Listen as well for some of her thoughts on how an employer in a workers' compensation claim should answer discovery and how that may impact the OSHA defense at a later date. She also gave us the Gem Industrial Inc. case that has a good description of general UEM elements and the Angel Brothers Enterprises case which has a discussion of various circuit court decisions regarding OSHA.To learn more about DRI and the Workers' Compensation Committee visit www.DRI.org.#DRILawyer#DRICommunity
Judith Waltz, Partner, Foley & Lardner LLP, Dionne Lomax, Managing Director of Antitrust and Trade Regulation, Affiliated Monitors, Inc., and Dee Anna Hays, Shareholder, Ogletree Deakins, discuss some of the key health law developments in 2024 and what to expect in 2025. They cover a wide range of legislative, regulatory, and judicial issues but mainly focus on Medicare and Medicaid, antitrust, and labor and employment. Waltz, Lomax, and Hays are editors of AHLA's bestselling title, Federal Health Care Laws and Regulations, which contains a brand-new 2024 supplement.Watch the conversation here.AHLA's Health Law Daily Podcast Is Here! AHLA's popular Health Law Daily email newsletter is now a daily podcast, exclusively for AHLA Premium members. Get all your health law news from the major media outlets on this new podcast! To subscribe and add this private podcast feed to your podcast app, go to americanhealthlaw.org/dailypodcast.
In this installment of Ogletree Deakins' Safety Basics podcast series, John Surma (Houston) is joined by Jeff Leslie (Dallas) and Ryan Swink (Houston) to discuss OSHA's Hazard Communication Standard. The speakers cover the criteria for what constitutes a hazardous chemical and outline the five key elements of the Hazard Communication Standard: (1) identification, (2) labeling, (3) safety data sheets, (4) employee training, and (5) program implementation. They also provide insights on how employers can achieve compliance with OSHA regulations.
In this podcast, Ogletree Deakins attorneys Sam Sedaei and Ben Perry delve into Illinois's newly enacted artificial intelligence (AI) law, HB 3773. Sam, a member of the firm's Technology Practice Group who focuses on the use of technology in the workplace, and Ben, who is co-chair of the firm's Cybersecurity and Privacy Practice Group, discuss the AI law's implications for employment practices, including the law's broad definition of AI and its goal to prevent discriminatory effects in employment decision-making. The conversation also explores the challenges faced by employers in complying with the new regulations and the broader trend of state-level AI legislation in the absence of comprehensive federal guidelines.
In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York) and Patty Shapiro (San Diego), both of whom are members of Ogletree Deakins' Cross-Border Practice Group, discuss Status of Forces Agreements (SOFAs). SOFAs are treaties that allow members of the U.S. armed forces and their dependents, as well as government contractors to operate in foreign countries with specific exemptions, such as special immigration status and tax exemptions. Shireen explains the intricacies of SOFAs, their application, and the importance of careful due diligence. The episode provides valuable insights for employers navigating the complexities of SOFA status for their employees abroad.
In this installment of Ogletree Deakins' Safety Basics podcast series, shareholders John Surma (Houston) and Erika Leonard (Austin) examine the intersection of employment law and workplace health and safety law. Erika and John cover internal employment investigations when a safety incident has occurred and consider decisions such as who should conduct the investigation, whether to conduct witness interviews, and the ins and outs of reviewing documentation and physical spaces and/or objects that may be involved. John and Erika also offer insight into potential compensation and/or leave and accommodation issues, and the importance of determining whether an incident warrants employee discipline or discharge.
Welcome to another episode of the "Safety Consultant Show with Sheldon Primus." Today, we have an exceptional guest with us, Phillip Russell, a board-certified OSHA and employment lawyer from Ogletree Deakins law firm. Phillip brings a wealth of experience and expertise in the field of occupational safety and health, making him a highly sought-after advisor, litigator, and strategic partner to his clients. In this episode, we will discuss the importance of the Supreme Court overturning the Chevron Deference, debunk OSHA myths, and explore ways to protect your organization from OSHA citations using the four stages of the Unavoidable Employee Misconduct Policy from OSHA CPL FOM 164. Summary of Phillip's Credentials: Phillip Russell is a distinguished OSHA and employment lawyer who has been recognized for his outstanding client service. In 2023, he was named a Client Service All-Star in OSHA and Employment Law by BTI Consulting Group. Phillip's client service philosophy is characterized by his "down the hall" approach, treating each client's issue as if they walked down the hall to ask for help in person. Phillip has extensive experience with OSHA inspections, citations, and litigation, having handled over 200 workplace fatality inspections and numerous routine inspections. His leadership and practical solutions during crises have earned him high praise from clients and recognition as a thought leader in OSHA and workplace safety law. He is also known for his work in OSHA training and compliance advice, regulatory and policy advocacy, and high-stakes employment litigation. Phillip hosts the firm's OSHA podcast, "Dirty Steel-Toe Boots," and has edited the ABA's seminal treatise on OSHA law. His personal dedication extends to advocating for autism issues and co-founding the Autism Inspired Academy in Clearwater, Florida. Join us as we delve into the complexities of OSHA regulations and learn from Phillip's vast knowledge and experience in navigating the legal landscape of workplace safety.
In this podcast recorded at Ogletree Deakins' national Workplace Strategies seminar, Lisa Burton (shareholder, Boston/Portland (ME)) and Lisa Hamasaki (shareholder, San Francisco) discuss what employers can do when they discover evidence of serious criminal activities during a workplace investigation. Covering issues ranging from evidence of illegal pornography on a company computer and assaults in the workplace to embezzlement and violations of corrupt practices laws, our speakers delve into the significant layer of complexity that criminal issues add to workplace investigations. The conversation highlights issues such as reporting obligations to law enforcement and regulatory agencies, preservation of evidence, employees' privacy concerns, and the attorney-client privilege—and provides a roadmap for handling these complex scenarios while mitigating overall risk.
In this podcast recorded at Ogletree Deakins' national Workplace Strategies seminar, Director of Career Development Marcia Stokes, Ph.D., and Board Member Diana Nehro discuss how “behavioral styles” can impact trust and communication in addition to how employees and managers can leverage their styles and those of their team to minimize conflict and misunderstanding. As the creator of the Building Team Effectiveness DISC workshop—a behavioral assessment tool that is used to understand how our observable behaviors are being perceived by others, Marcia explains how DISC can be used to help teams communicate more effectively by intentionally tapping into the strengths of team members' communication styles. Diana (shareholder, New York/Boston) also explains how she has put these tools into practice as chair of the firm's Cross-Border Practice Group.
In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde and Eric Lee highlight recent labor and employment developments from around the globe. Shirin and Eric, both of whom are members of Ogletree Deakins' Cross-Border Practice Group, review the new mandatory leave entitlements in Italy and comment on the challenge for cross-border employers to develop compliant policies as parental leave protections expand in Singapore. They also review the trend of broader pay equity laws, such as those recently adopted in Shanghai and Brazil; a new measure in the United Arab Emirates (UAE) that requires employers to hire UAE nationals; and an Australian law that forbids employment discrimination against employees suffering from family and domestic violence.
In this podcast recorded at Ogletree Deakins' national Workplace Strategies seminar, Eric Hobbs, who is chair of the firm's Workplace Safety and Health Practice Group and a shareholder in the firm's Milwaukee office, leads a discussion of the latest news from the Occupational Safety and Health Administration (OSHA), including the expanded electronic reporting requirements, new enforcement guidance on heat stress, the latest developments regarding safety in warehousing and fall protection, and the new proposed rule revising the walkaround inspection regulation. Eric is joined by Wayne Pinkstone (shareholder, Philadelphia) and Robert Rodriguez (shareholder, Sacramento), co-chair of the firm's Workplace Violence Prevention Practice Group, to cover what's to come in 2024—OSHA's new standards on infectious diseases and workplace violence. As a bonus, Robert reviews the latest from the California Division of Occupational Safety and Health (Cal/OSHA).
In this podcast recorded at Ogletree Deakins' national Workplace Strategies seminar, Michael Eckard (office managing shareholder, Charleston) is joined by Bonnie Martin (office managing shareholder, Indianapolis) and Andy Tanick (shareholder, Minneapolis) to discuss recent legal developments in the area of religious accommodations under Title VII of the Civil Rights Act since the Supreme Court's ruling in Groff v. DeJoy. The speakers discuss how the murky Groff ruling has left unanswered questions about what constitutes an “undue hardship” for religious accommodation requests. They also discuss the open questions regarding what qualifies as “sincerely held” and “religious beliefs,” as new contexts for these claims arise—including complaints about the use of preferred pronouns, DEI initiatives, and more.
In this installment of Ogletree Deakins' Safety Basics podcast series, John Surma (shareholder, Houston) sits down with Jennifer Yanni (of counsel, Orange County) to discuss employers' duty to comply with the Occupational Safety and Health Administration's (OSHA) standards and regulations. Jennifer and John cover both the general and special duty standards under the Occupational Safety and Health (OSH) Act, Injury Illness and Prevention Program (IIPP) regulations and violations, and defenses available to employers for various OSHA citations.
In this podcast recorded at Ogletree Deakins' national Workplace Strategies seminar, Sheri Giger (shareholder, Pittsburgh) and Charles Thompson (shareholder, San Francisco) identify gaps that employers may have in their reasonable accommodation and leave of absence processes. Sheri and Charles, who is co-chair of the firm's Leaves of Absence/Reasonable Accommodation Practice Group, discuss the intersection of the FMLA, ADA, and PWFA; workers' compensation; reasonable accommodation obligations; short- and long-term disability laws; light duty under the ADA; and state law. The speakers offer practical tips, including identifying key internal players, checking for compliance gaps, and not taking a wrong turn when handling leave and accommodation requests.
In this podcast recorded at Ogletree Deakins' national Workplace Strategies seminar, Burton Garland (shareholder, St. Louis) sits down with Trina Ricketts (shareholder, Kansas City) to discuss strategies to effectively deal with the ten types of toxic employees that can be found in the workplace—including the bully, the narcissist, the back stabber, the unmotivated, and more. Trina and Burt provide practical insights on dealing with some all-too-common, yet complicated, employee situations. Our speakers discuss how these situations can affect business reputation, employee morale, company culture, and, in some cases, revenue—in addition to practical ways to combat these issues.
In this podcast recorded at Ogletree Deakins' national Workplace Strategies seminar, Kristin Higgins (office managing shareholder, Dallas) is joined by Mike Mahoney (shareholder, Morristown/New York) to discuss the unique challenges employers face when managing a remote or hybrid work environment. Kristin and Mike, who is chair of the firm's Payroll, Tax, and Fringe Benefits subgroup, discuss the tax consequences that may arise when employees work in different jurisdictions from those in which an employer is registered to do business. In addition, Mike and Kristin review best practices on a range of remote work issues, including expense reimbursements for home-office equipment and travel back to brick and mortar facilities in different states.
In this podcast recorded at Ogletree Deakins' national Workplace Strategies seminar, Sam Fulkerson (shareholder, Oklahoma City), Maria Danaher (shareholder, Pittsburgh), and Mike Sexton (shareholder, Orange County) reflect on the pros and cons of mediation—given the high cost of litigation and the fact that fewer than 2 percent of employment law cases ever make it to trial. Maria, Mike, and Sam discuss what to expect in mediation, covering everything from procedures and logistics to best strategies for optimal cost-benefit resolution. The speakers also cover the benefits and hazards of virtual mediation, including the results of a recent national empirical study completed by an Ogletree Deakins attorney and others on the experiences of employment law practitioners with virtual mediation.
In this episode of Ogletree Deakins' Cross-Border Catch-Up podcast series, Eric Lee (New York) is joined by Skye Hao (Atlanta) to discuss performance-based terminations in South Korea. Skye and Eric cover the stringent requirements and objective evaluation criteria mandated by the Labor Standards Act of Korea for an employer to discharge an employee for poor performance. They also review a recent supreme court ruling in South Korea, confirming the country's high bar for unilateral termination of an employee based on performance.
In this podcast recorded at Ogletree Deakins' national Workplace Strategies seminar, Jennifer Colvin (shareholder, Chicago), David Zwisler (shareholder, Denver), and Larry Shapero (shareholder, Seattle) discuss state law changes and trends expanding employee protections and employer obligations from CROWN Acts, rules regarding lawful off-duty conduct, and pay transparency mandates to prohibitions on noncompetes and NDAs. Jen, David, and Larry start off with a discussion of state laws on protected characteristics that are growing in number and scope across the country. The speakers also examine how states and local governments are expanding protections for historically and newly identified classes of individuals—varying widely by jurisdiction—and what employers need to know.
In this podcast recorded at Ogletree Deakins' national Workplace Strategies seminar, Ben Perry (of counsel, Nashville) discusses the latest cybersecurity and privacy issues, risks, and challenges that employers are facing. In addition to reviewing what to do in the face of a data breach, Ben discusses how data privacy laws, such as the California Consumer Privacy Act, apply in the employment context, focusing on notice/opt-out requirements and employee rights. Additionally, Ben covers best practices for risk mitigation, managing data breaches when they happen, and handling employers' legal notification responsibilities. Finally, Ben addresses trending issues such as biometrics, employee monitoring, and the use of artificial intelligence in the workplace, including their application to the remote work environment.
In this installment of Ogletree Deakins' TECHPLACE™ Talk series, Jenn Betts, who is co-chair of the firm's Technology Practice Group, sits down with Justin Tarka and Patty Shapiro to talk about the European Union's AI Act—which is the first comprehensive law in the world regulating artificial intelligence (AI). The speakers discuss how the new law regulates AI in employment with a risk-based approach. In particular, they discuss potential risks of using AI for screening employment applications, recruitment processes such as interviews, and related concerns surrounding employment exposure to sensitive and personal information.
In this podcast recorded at Ogletree Deakins' national Workplace Strategies seminar, Phillip Russell (shareholder, Tampa) and Stephen Quezada (shareholder, Houston) discuss the critical role in-house counsel play in responding to and managing potential crisis situations employers are often forced to face. Stephen and Phillip explain the ways in which legal department lawyers need to manage their roles and responsibilities with varying stakeholders—both internal and external. Our speakers cover effective preparedness and responses and the potential landmines employers will want to avoid in situations ranging from high-profile claims of workplace misconduct, government enforcement actions, social justice issues, labor organizing, or workplace fatalities.
In this episode of our Cross-Border Catch-Up podcast series, Komlavi Atsou (Cleveland) and Eric Lee (New York), both of whom are members of Ogletree Deakins' Cross-Border Practice Group, discuss the trend away from the traditional concept of lifetime employment in Japan. Eric explains the traditional model that has been highly protective of employee rights with respect to termination, including requiring progressive discipline. The speakers also delve into some of the reasons Japan is moving away from lifetime employment, such as the declining population, the need to retain foreign talent, and employee and union demands for greater compensation.
In this podcast recorded at Ogletree Deakins' national Workplace Strategies seminar, Caren Marlowe (shareholder, Tampa) and Jim McGrew (chief client services officer, New Orleans) are joined by Sonya Granillo-Cathey (senior director and privacy officer, Arizona Tile) and Yvonne Taylor (chief human resources officer, Goodwill Industries-Suncoast, Inc.) to discuss how HR can collaborate with other leaders in an organization—from C-suite and in-house legal to HR and operations. The speakers discuss how they bring different perspectives to the table, while keeping in mind the common goal of managing a thriving and successful business. In addition, the speakers explain how to manage expectations and harmonize different leadership viewpoints to reach shared objectives, and how to deal with conflict and ensure a solid seat for HR at the table.
In this installment of Ogletree Deakins' Safety Perspectives From the Dallas Region series, shareholders Frank Davis (Dallas) and John Surma (Houston) discuss OSHA's national safety stand-down to prevent workplace falls. Frank and John specifically talk about assessing potential hazards, fall protection prevention, training and policies, and citations, as well as OSHA's national and regional emphasis programs on fall prevention and protection in general industry operations and on construction job sites.
In this podcast recorded at Ogletree Deakins' national Workplace Strategies seminar, Karen Morinelli (shareholder, Tampa), Burt Garland (shareholder, St. Louis), and Mike Matula (shareholder, Kansas City) discuss the increasingly common scenario of employees and managers making secret recordings in the workplace. Our speakers review when surreptitious recordings are lawful and when they might run afoul of the Federal Wiretap Act, federal labor laws, or state laws. They also discuss employers' rights and risks when implementing and enforcing “no-recording” policies in addition to strategies for dealing with secret recordings when they are first disclosed in litigation.
In this podcast recorded at Ogletree Deakins' national Workplace Strategies seminar, Nonnie Shivers (shareholder, Phoenix) and Scott Kelly (shareholder, Birmingham) discuss what the Supreme Court's ruling that race-based college admissions are unconstitutional means for diversity, equity, and inclusion (DEI) efforts in the workplace. Scott and Nonnie discuss the legal framework for employers to consider when evaluating their voluntary DEI programming, including how to conduct a risk assessment of DEI programs, conflicting state laws, and questions specific to federal contractors. The speakers offer practical tips for designing and sustaining legally defensible DEI initiatives, including creative strategies to meet company goals without running afoul of the law.