Ogletree Deakins Podcasts

In this episode of our Cross-Border Catch-Up podcast series, Maya Barba (San Francisco) and Patty Shapiro (San Diego) discuss employee terminations in the Netherlands—which can be challenging for employers due to the area’s strict legal obligations. Patty and Maya discuss the procedural requirements associated with terminations as well as the underlying grounds for termination such as serious cause, performance issues, and redundancy. They also address employee entitlements related to termination, including required notice, statutory severance, and other complexities involved in the termination process in the Netherlands, including when government permission is required.

In this podcast, Karen Tynan (shareholder, Sacramento) and Kevin Piercy (shareholder, Fresno) discuss Valley fever, also known as coccidioidomycosis, a lung infection caused by inhaling fungus spores commonly found in the soil of California’s Central Valley and parts of the southwestern United States. Karen, who is the West Coast chair of the firm’s Workplace Safety and Health Practice Group, and Kevin delve into the symptoms, causes, and the occupations most at risk, such as construction and agricultural jobs that disturb the soil. They also review relevant Cal/OSHA regulations, including sections 3203, 5141, 5144, and 14300, providing critical guidance on how employers can protect their workers and respond if Valley fever is suspected.

n this episode of our Multistate Monday podcast series, co-chairs of the firm’s Multistate Advice and Counseling Practice Group, Dee Anna Hays (shareholder, Tampa) and Lucas Asper (shareholder, Greenville), sit down with Shareholder Jim Plunkett (Washington, D.C.) to discuss key legislative updates in light of the upcoming elections. Dee Anna, Lucas, and Jim, who is chair of the firm’s Governmental Affairs Practice Group, discuss the FTC’s non-compete ban; the NLRB’s target enforcement areas such as employer speech on unionization; the DOL’s overtime rule and its effect on wage-and-hour law trends at the state and local levels; OSHA’s new proposed rule on heat illness prevention; and more. Jim also explains how the presidential candidates’ administrations and policy priorities, as well as congressional actions, could affect current labor and employment legislative actions.

In this podcast, shareholders Karen Tynan (Sacramento) and Amy Bianchini (San Diego) discuss the circumstances under which a California employer may seek a restraining order on behalf of an employee. Karen, who is co-chair of the firm’s Workplace Violence Prevention Practice Group, and Amy address California Code of Civil Procedure Section 527.8 and procedures to effectively obtain restraining orders. They also cover the scope of restraining orders, including who can be restrained and who can be protected, and they highlight the procedural requirements, which may vary from county to county, and review a case study.

In this installment of our Safety Perspectives From the Dallas Region podcast series, shareholders Frank Davis (Dallas) and John Surma (Houston) sit down with Ryan Swink (associate, Houston) to discuss OSHA compliance officers’ approach to inspections of meatpacking facilities. The discussion covers topics ranging from Process Safety Management (PSM) evaluations and ergonomics to documentation standards and recordkeeping. The speakers also address what constitutes a reasonable inspection, highlighting when inspections may become overly broad or unduly burdensome, which could violate Section 8 of the OSH Act.

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.

In this podcast, Mike Mahoney (shareholder, Morristown/New York City) and Viki Farrior (of counsel, Oklahoma City) provide an informative update on the status of employee retention credit (ERC) claims submitted to the Internal Revenue Service (IRS). Mike, who is chair of the firm’s Payroll Tax and Fringe Benefits Subgroup, and Viki discuss options available to employers that submitted ERC claims but who have not yet received their refunds. They provide a concise but detailed explanation of the state of IRS tax credit processing and of the refund suit process, including expected time to resolution.

In this podcast, Mike Mahoney (shareholder, Morristown/New York City) and Stephen Kenney (associate, Dallas) discuss ways in which employers can assist employees affected by federally declared disasters in a tax-efficient manner. Mike, who is chair of the firm’s Payroll Tax and Fringe Benefits subgroup, and Stephen cover disaster relief payments for reasonable and necessary expenses incurred, such as those for medical treatment, transportation, housing, clothing, and other general living expenses for the employee and household members. They also cover leave sharing options in which employees may donate leave for use by employees adversely affected by a major disaster.

In this installment of our Safety Perspectives From the Dallas Region podcast series, shareholders Frank Davis (Dallas) and John Surma (Houston) discuss challenging situations that may arise during an OSHA inspection. Frank and John specifically address the importance of maintaining professionalism, documenting compliance officer conduct, sticking to the agreed-upon scope of an inspection, and clearly communicating with OSHA officers to protect employer rights during a safety inspection.

In this installment of our Safety Basics podcast series, shareholders John Surma (Houston) and Frank Davis (Dallas) discuss the whistleblower protections of section 11(c) of the Occupational Safety and Health (OSH) Act, which prohibits retaliation against employees who raise health or safety complaints to the government or their employers. Frank and John explain the elements that establish a valid claim of retaliation under the OSH Act: (1) a complaint about unsafe working conditions; (2) an adverse employment action; and (3) a “but for” causal relationship between the complaint and the adverse action. They also emphasize the importance of documenting employee misconduct and discipline to defend against retaliation claims and demonstrate legitimate, nondiscriminatory reasons for adverse employment actions.