Ogletree Deakins Podcasts

In this podcast, Shir Fulga, Erin Schachter, and Susan Ivimey discuss important changes to employment standards in Canada that took effect on January 1, 2026, focusing on the extension of long-term illness leave in Alberta, Saskatchewan, and Manitoba, and new rules in Saskatchewan that prohibit employers from withholding tips. Additionally, they cover the introduction of new job-protected leaves in Saskatchewan, which include maternity leave and leave for interpersonal violence, as well as new provisions allowing for the substitution of public holidays.

In episode three of this special series of Defensible Decisions discussing Ogletree’s Talent Risk Assessor, shareholders Scott Kelly (Birmingham/Washington) and Chris Near (Columbia) are joined by Chrissy Blantz from the firm’s Data Analytics team to examine separations and terminations—an area of the employment lifecycle where legal risk is often most acute. Using a hypothetical multi-state employer, the speakers walk through how a statistically significant flag in overall separation rates can be disaggregated by involuntary versus voluntary terminations and further broken down by separation reason codes to identify the actual driver behind the pattern, in this case, disproportionate use of temporary, time-limited roles. The episode illustrates how a data-driven, legally informed inquiry, conducted under privilege and properly documented, builds a defensible position even when the underlying cause turns out to have a legitimate explanation.

In episode two of this special series of Defensible Decisions discussing Ogletree’s Talent Risk Assessor, shareholders Scott Kelly (Birmingham/Washington) and Chris Near (Columbia), who are joined by Chrissy Blantz from the firm’s Data Analytics team, focus on dispositions and merit-based hiring documentation. The speakers explain how disposition codes work alongside dashboard analytics to show whether hiring decisions are consistently tied to job-related, posted criteria, and offers practical guidance on auditing job advertisements and disposition practices to reduce litigation risk. The episode closes by previewing episode three, which will apply these same documentation principles to separations and terminations.

In this second episode of our Labor Law Solutions podcast, shareholders Tom Davis (Nashville), Tom Stanek (Phoenix), and Brian Hayes (Washington), who co-chair the firm’s Traditional Labor Relations Practice Group, examine the confirmation of James Macy to the National Labor Relations Board (NLRB). Brian, who is a former NLRB member, offers his insights on what a third management-minded member means for reversing several pro-union precedents, including the bargaining order standard, the captive audience rule, and McLaren Macomb. The speakers also discuss the Supreme Court’s decision in Trump v. Slaughter, its implications for the constitutionality of removal protections applicable to board members, administrative law judges, and regional directors, and how the ruling affects pending constitutional challenges to NLRB proceedings.

In this podcast, shareholders Kevin Bland (Orange County) and Karen Tynan (Sacramento) discuss the most common Cal/OSHA citations issued to California agriculture employers. Karen, who is chair of the firm’s Workplace Safety and Health Practice Group, and Kevin discuss including heat illness prevention, Injury and Illness Prevention Plan (IIPP) violations, field sanitation requirements, lockout/tagout compliance, and respiratory protection for hazards like valley fever and wildfire smoke. The speakers offer practical guidance on avoiding these citations, with an emphasis on documentation, training, and maintaining basic compliance measures such as providing potable water, shade, and proper sanitation facilities, to help keep your workers safe and your workplace compliant.

This special series of Defensible Decisions, discusses Ogletree’s Talent Risk Assessor dashboard that helps employers integrate data from the full employment lifecycle to give management a birds’ eye view of the legal risks associated with employment decisions. Episode one features shareholders Scott Kelly (Birmingham/Washington) and Chris Near (Columbia), who are are joined by Chrissy Blantz from the firm’s Data Analytics team, to examine how Ogletree’s Talent Risk Assessor evaluates selection and hiring processes for legal risk. Using a continuing hypothetical involving a multi-state employer, the group walks through stage-by-stage funnel analysis and explains why a statistical flag should prompt a legally informed inquiry rather than a conclusion about compliance. Scott, who is chair of the firm’s Workforce Analytics and Compliance Practice Group, also previews the data quality and documentation considerations that will be addressed in the next episode of the series.

In this episode, Shir Fulga (Toronto) and Erin Schachter (Montréal) (Toronto) discuss recent Quebec and Ontario court decisions certifying consumer class actions in data breach cases—and what these rulings mean for employers handling employee data. The discussion covers how courts are lowering the threshold for claims, allowing actions based on moral damages even in the absence of proven financial harm, and applying multiple legal frameworks, including privacy statutes, consumer protection laws, and human rights legislation.

In this episode of our Cross-Border Catch-Up podcast series, Patty Shapiro and Kate Thompson conclude their three-part series on global workplace investigations by highlighting common pitfalls that employers should avoid and providing valuable takeaways. Kate and Patty address the challenge of balancing transparency with confidentiality requirements and data privacy laws, and emphasize the importance of understanding cultural differences. Additionally, they point out that maintaining thorough documentation throughout an investigation is crucial, including records of interviews, evidence collection, and the investigative steps taken.

In this podcast, Ogletree’s Military Workforce Practice Group co-chairs Jay Patton (Birmingham) and Amy Glenos (Birmingham) examine the five most common pitfalls employers face military leave issues under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Amy and Jay cover a variety of topics from documentation missteps and paid leave disputes to reduction in force (RIF) decisions and reemployment position determinations. Drawing on real settlement figures and controlling case law, including the Supreme Court’s escalator principle from Fishgold v. Sullivan Drydock, the speakers walk through practical guidance for handling both voluntary and involuntary military leave. The episode closes with a pop quiz on USERRA’s statute of limitations, a detail that catches even experienced HR professionals off guard.

In part two of this three-part episode of our Cross-Border Catch-Up podcast series, Patty Shapiro and Kate Thompson explore the components of an effective and compliant investigation, including the importance of timeliness and adherence to jurisdiction-specific deadlines. The discussion also covers essential steps in evidence collection, implications for data privacy, challenges in maintaining confidentiality, handling anonymous complaints, and managing investigations that involve senior executives.