The registration window for the fiscal year (FY) 2023 H-1B cap lottery closed on March 18, 2022, and U.S. Citizenship and Immigration Services is expected to notify registrants of the selection results by M arch 31, 2022. With demand expected to exceed the number of H-1B visas available, what options remain for foreign national employees who are not selected in the lottery? In this podcast, Katherine MacIlwaine and Katie Desmond address this question and explain the requirements for qualifying for other types of employment-based visas.

When should employers be liable for the hostile work environment created by supervisors’ sexually harassing conduct? This episode examines the legal saga that untangled this question and the United States Supreme Court’s extraordinary decision to create the two-part Faragher-Ellerth affirmative defense.

When the Occupational Safety and Health Administration (OSHA) conducts an inspection, issues a citation, and seeks enforcement of a contested citation, it has its own attorneys.  The U.S. Department of Labor’s Office of the Solicitor represents OSHA and provides the agency legal opinions and advice concerning all of its activities. In this episode of Dirty Steel-Toe Boots, host Phillip Russell is joined by former Solicitor and current Ogletree Deakins attorney, Jaslyn Johnson, to discuss the role of the Solicitor’s Office and what employers should understand about how OSHA works with its attorneys during inspections and enforcement actions.

In this edition of our Third Thursdays podcast series, Ruthie Goodboe is joined by Elizabeth Soveranez and Bethany Wagner to discuss the evolving legal landscape in the debate over the status of college athletes as students or employees. The speakers focus on challenges to the present model of collegiate athletics from both labor and employment perspectives and discuss National Labor Relations Board General Counsel Jennifer Abruzzo’s memorandum expressing her position that certain student-athletes are employees under the National Labor Relations Act.

In this podcast, Sarah Platt and Kelly Cardin discuss the latest legal trend in pay equity and pay transparency initiatives in the United States: city and state laws requiring employers to proactively disclose pay scale information. The speakers cover the rapid evolution of pay disclosure legislation and address key obligations for employers, with added focus on the pay disclosure requirements of laws in Colorado, Connecticut, and New York City. The speakers highlight the challenges employers face when complying with these laws and offer considerations for employers navigating the laws’ impacts on recruiting, hiring practices, and internal employee relations.

In this podcast, Rebecca Lindell and Abbey Wallach discuss Colorado employers’ paid sick leave obligations and related requirements under the Healthy Families and Workplaces Act (HFWA), which has wide-ranging implications for Colorado employers of all sizes. The speakers focus on the public health emergency (PHE) leave portion of the HFWA, addressing the qualifying events that trigger employers’ ongoing obligation to provide paid sick leave, employees’ permitted uses of PHE leave, and the factors affecting employees’ entitlement to and allotment of such leave. The speakers also present a series of hypotheticals crafted in part from guidance issued by the Colorado Department of Labor and Employment addressing the interplay between PHE leave and accrued paid sick leave required under the HFWA.

In this podcast, Stephen Riga and Andre Appel discuss cybersecurity in the remote workplace, including what information remote employees handle, how to protect electronic information, and both employers’ and employees’ legal obligations to protect sensitive information from data breaches and cyberattacks. The speakers discuss common threats to digital information that employees face when they work remotely.

In this episode of Dirty Steel-Toe Boots, host Phillip Russell is joined by Eric Hobbs, the chair of Ogletree Deakins’ Workplace Safety and Health Practice Group. Phillip and Eric take a first look at the Supreme Court’s decision staying the U.S. Occupational Safety and Health Administration’s (OSHA) enforcement of the Emergency Temporary Standard (ETS) until the Sixth Circuit Court of Appeals (and, ultimately, the Supreme Court) has an opportunity to weigh in on the merits. Phillip and Eric explore the implications of the Court’s stay on future court decisions, OSHA’s potential actions with regard to the ETS and the National Emphasis Program (NEP), and employer’s next steps in light of these judicial and agency actions.

In this episode of our Global Solutions series, Chris Andersen and Andre Appel address laws regarding remote work in Europe, South Africa, and the United Arab Emirates that were implemented as a result of the COVID-19 pandemic. The speakers focus on four issues that might arise in workplaces that have implemented remote work arrangements: (1) how employers and employees agree on teleworking arrangements; (2) whether employers must pay to implement a remote work arrangement, including payment for the necessary equipment to facilitate work from home; (3) employers’ workplace safety obligations with regard to employees who work from home; and (4) employee morale issues that might result from teleworking arrangements.

In this episode of our Oregon Employment Law podcast series, Paul Cirner and Florence Mao discuss several Oregon employment laws that are relevant to remote workforces. The speakers cover antidiscrimination provisions under the Oregon Workplace Fairness Act, leave laws under the Oregon Family Leave Act and Oregon Military Family Leave Act, sick leave entitlements, lactation and pregnancy accommodation requirements, meal and rest break obligations, and more.