Ogletree Deakins Podcasts

In this installment of our Safety Basics podcast series, Frank Davis (Dallas) and John Surma (Houston) discuss employer and employee rights during an Occupational Safety and Health Administration (OSHA) inspection. John and Frank discuss employee rights, such as (1) the right to speak to OSHA inspectors without fear of retaliation or retribution by their employer; (2) the right to complain about work; (3) the right to refuse to work; (4) the right to information; (5) the right to participate in OSHA inspections; (6) the right to a workplace that is free from recognized hazards; and (7) the right to organize and form a union. They also cover employer rights, such as (1) the right to a reasonable inspection; (2) the right to representation during interviews of management employees; (3) the right not to perform work or engage in demonstrations of processes during an OSHA inspection; (4) the right to continue operating after a fatality or catastrophe; (5) the right to protect trade secrets or proprietary information from public disclosure; and (6) the right to establish the “unpreventable employee misconduct defense.”

In this installment of our Safety Perspectives From the Dallas Region podcast series, shareholders Frank Davis (Dallas) and John Surma (Houston) discuss the Occupational Safety and Health Administration’s (OSHA) new Severe Injury Reports (SIR) dashboard. John and Frank review the evolution of workplace injury record-keeping and reporting requirements, including deadlines and penalties. They also cover how the SIR dashboard’s data collection, along with its increased availability and accessibility to the public, may impact employers.

In this episode of our Cross-Border Catch-Up podcast series, Skye Hao (Atlanta) and Lina Fernandez (Boston) discuss the retirement system in China and recent reforms that impact statutory retirement ages and the current workforce. Skye and Lina cover mandatory retirement ages, exceptions for early retirement applicants, and the requirements in the retirement process under China’s labor laws, as well as the company’s internal policies.

In this episode of our Cross-Border Catch-Up podcast series, Diana Nehro (New York/Boston) and Goli Rahimi (Chicago) discuss some significant changes to employment law under Australia’s Closing Loopholes No. 2 Act. Goli and Diana address how the act affects workplace issues such as the right to disconnect, employee classification, employer penalties for noncompliance, and the definition of “casual employee.”

In this episode of our Cross-Border Catch-Up podcast series, Skye Hao (Atlanta) and Patty Shapiro (San Diego) discuss key considerations for companies that use employers of record (EORs) in other countries. Patty and Skye highlight five areas of importance in the master service agreement (MSA): (1) extension of confidentiality obligations to workers, (2) protection of the company’s intellectual property rights, (3) data privacy considerations, (4) mutual indemnification, and (5) limitation of liability.

In this episode of our Cross-Border Catch-Up podcast series, Skye Hao (Atlanta) and Goli Rahimi (Chicago) discuss high-level considerations and workstyle reform laws for overtime work in Japan. Goli and Skye cover limitations on overtime work, such as Article 36 written agreements, time-tracking obligations, exemptions for certain employees, and penalties for non-compliance.

In this installment of our Safety Basics podcast series, shareholders Frank Davis (Dallas) and John Surma (Houston) discuss reporting work-related incidents resulting in fatalities, hospitalizations, amputations, and loss of an eye to the Occupational Safety and Health Administration (OSHA). John and Frank cover two main aspects of OSHA reporting requirements: (1) the triggering event and (2) the timeframe. In addition, they discuss various reporting methods, as well as employer responsibilities and good faith efforts when dealing with these reportable events.

In this episode of our Cross-Border Catch-Up podcast series, Skye Hao (associate, Atlanta) is joined by Carlos Colón-Machargo (of counsel, Atlanta) to discuss employee leave benefits in China, including care leaves for families. Skye and Carlos address employees’ paid annual leave entitlements based on their years worked in the workforce, additional types of paid leave that employers might use to attract talent or to standardize global leave policies, carry-over rules for accrued but unused statutory annual leave, leave for 11 national holidays, and the benefits and drawbacks of providing various types of leaves such as sick, maternity, parental, and caregiver leaves.

In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York) and Patty Shapiro (San Diego) discuss the role of treaties in cross-border employment. Shirin and Patty cover tax, immigration, and other logistical treaties, specifically tax residency issues for temporary workers; permanent establishment considerations; business registration and corporate tax obligations; document authentication, verification, and submission requirements; as well as other global workforce matters that may be impacted by treaty terms and conditions.

In this episode of our Cross-Border Catch-Up podcast series, Carlos Colón-Machargo (Atlanta) sits down with Shirin Aboujawde (New York) to discuss the Overseas Employment Certificate (OEC) requirement that Filipino law imposes on employers that employ remote workers who are Philippines citizens. Carlos and Shirin specifically cover the various stages of the OEC approval process, from submitting an employee offer letter to fulfilling education, training, and medical examination requirements. The speakers also discuss potential travel restrictions and detentions of Filipino national employees in the absence of having a valid OEC, and what steps employers can take when facing these cross-border challenges.