Employee Well-Being and the Post-Pandemic Return to the Office

In this podcast, Chris Olmsted is joined by special guest Dr. Suzanne Hoffman to discuss the impact of remote work and the COVID-19 pandemic on employees as they return to the office. The speakers identify potential signs of a decline in engagement and morale among employees and offer tips to ease the transition back to the on-site workplace. The speakers also address the role that employee assistance programs can play in the transition process.

Conversations About Race: Ethnicity Pay Reporting in the UK

In this episode of a podcast miniseries in partnership with NOTICED, Justin Tarka and Rebecca Emery discuss the recent push for ethnicity pay reporting in the United Kingdom. The speakers compare ethnicity pay reporting with gender pay gap reporting. The speakers also address the challenges of implementing ethnicity pay reporting and discuss the current status of government action on mandating ethnicity pay reporting.

Nontraditional Workers and the ADA, Part II: Volunteers and Student Interns

In this follow-up to their podcast on nontraditional employees, Jana Baker and Jim Paul discuss the application of the Americans with Disabilities Act (ADA) to volunteers and student interns, including medical residents. The speakers also address the interplay between the educational institutions and placement sites.

Third Thursdays With Ruthie: Employer Free Speech Under the NLRA

In the June edition of our Third Thursdays podcast series, Ruthie Goodboe discusses Section 8(c) of the National Labor Relations Act (NLRA) in the context of a case recently decided by the U.S. District Court for the District of Columbia. The speaker explains the distinctions between permitted and prohibited employer communications.

Current Trends in Vaccine Incentives

In this podcast, Nonnie Shivers and Jessica Kuester discuss six common types of vaccination incentive programs. The speakers address the employment law concerns raised by the U.S. Equal Employment Opportunity Commission’s guidance of May 28, 2021, as well as issues arising under the Americans with Disabilities Act and Title VII of the Civil Rights Act of 1964. The speakers also explain the impact of the Employee Retirement Income Security Act of 1974 on each type of vaccine incentive program.

Navigating Economic Incentives, Legislative Initiatives, and Workplace Issues in the Age of Social Protest

Over the last year, many employers have responded internally and externally to issues raised by an increasing number of social justice movements. In this podcast, Randle Pollard and Simone Francis address the concerns and considerations that may arise when employers engage in social justice conversations, including the possible implications for tax incentives and employee engagement.

TECHPLACE™ Talk: New United States and European Union Guidance Relating to Update on Regulation of Artificial Intelligence

In this episode of our TECHPLACETM Talk series, Danielle Ochs and Jenn Betts are joined by Colleen DeRosa, Stephen Riga, and Justin Tarka to address new guidance relating to employer use of artificial intelligence. In particular, the speakers discuss the Federal Trade Commission’s (FTC) recent guidance in the United States and the European Commission’s proposal for the Artificial Intelligence Act.

Third Thursdays With Ruthie: Collective Bargaining for COVID-19 Vaccinations

In the May edition of our Third Thursdays podcast series, Ruthie Goodboe and Ethan Picone discuss an employer’s duty to bargain with a union when seeking to implement a vaccination policy and corresponding requests for information. The speakers also address other considerations for employers relating to mandatory vaccination policies, including responding to employee refusals to be vaccinated.

Nontraditional Workers and the ADA, Part I: Temporary Staffing of Nurses

The COVID-19 pandemic has caused an unprecedented increase in the use of alternative staffing for employees in healthcare settings. In this podcast, Jana Baker and Jim Paul address accommodation issues raised by the temporary staffing of nurses in healthcare settings. The speakers also explain the duties imposed by Title I of the Americans with Disabilities Act (ADA) on staffing agencies and healthcare facilities. In addition, the speakers cover best practices for engaging in the interactive process.

This Is Labor in California, Episode 6: Where Safety Meets Labor

In this episode of our California labor law podcast series, Maria Anastas and Daniel Adlong are joined by Karen Tynan to discuss the impact of the proposed revisions to Cal/OSHA’s COVID-19 Prevention Emergency Temporary Standards on traditional labor. The speakers address distinctions between vaccinated and unvaccinated employees, potential bargaining obligations, and privacy concerns arising from employee data.

Global Solutions, Flash Briefing: Argentina Permits Employers to Require Vaccinated Employees to Return to the Workplace

In this Global Solutions flash briefing, Carlos Colón-Machargo discusses Argentina’s recent joint resolution allowing employers to require certain vaccinated employees to return to the workplace. Ogletree Deakins’ Global Solutions podcast series includes additional country-specific flash briefings, full episodes on relevant topics for multinational employers, recap episodes, and companion materials.

False Positives in Drug Testing

In this podcast, Mike Clarkson discusses claims arising from employee disputes regarding positive drug test results. He also addresses employer considerations related to employees’ use of cannabidiol (CBD) products and prescription drugs, including potential disability accommodation issues and the range of employee protection provisions contained in marijuana legalization laws.

Workplace Safety in California: 2021 Decisions and Trends

In this episode of our Workplace Safety in California podcast series, Kevin Bland and Karen Tynan discuss recent Occupational Safety and Health Appeals Board decisions and enforcement trends. The speakers also address Cal/OSHA’s continued prioritization of COVID-19-related regulations.

This Is Labor in California, Episode 5: Current Hot Topics

In this episode of our California labor law podcast series, Maria Anastas and Daniel Adlong discuss recent union organizing by professional employees. The speakers also review a recent memorandum from the National Labor Relations Board’s (NLRB) acting general counsel and assess its impact on what activity the NLRB will consider inherently concerted.

New York’s COVID-19 Vaccination Leave Law: The Latest on the Paid Time Off Requirement

In this podcast, Kelly Cardin and Jessica Schild discuss the requirements of the recently enacted state law requiring New York employers to provide paid time off to employees receiving the COVID-19 vaccine. The speakers address frequently asked questions and key considerations about the new law.

Finally … COVID-19 Vaccines Are Widely Available: What Should Employers Do Now?

On April 6, 2021, President Joe Biden moved up his deadline for all American adults to be eligible for the COVID-19 vaccine to April 19, 2021. In this podcast, Jim Paul, Jimmy Robinson, and Bret Daniel discuss key considerations for employer policies that mandate vaccines for workers, including federal agency guidance and state executive action and legislation. The speakers address employer inquiries into an employee’s vaccination status as well as the implementation of vaccine incentive programs and prospective vaccination waivers.

Workplace Safety in California: Cal/OSHA Inspector Interviews

In this episode of our Workplace Safety in California podcast series, Kevin Bland and Karen Tynan discuss Cal/OSHA inspectors’ interviews of employees, including the rights of employees, the agency, and counsel. The speakers also address tactics, strategies, and best practices for employers to consider in preparing for employee interviews.

COVID-19 Vaccinations: The Top Issues Facing California Staffing Agencies

In this podcast, Charles Thompson, Patty Matias, and Christian Keeney discuss vaccination policies for temporary employees in California. The speakers address the unique challenges for staffing agencies and employers with temporary workers regarding mandatory vaccinations and vaccine incentive programs.

Global Solutions, Episode 25: Diversity Data Beyond Borders

In this crossover episode of our Global Solutions podcast series and our newly-launched DE&I@Work series, Bonnie Puckett and Justin Tarka provide an overview of the use of diversity surveys as part of an employer’s diversity and inclusion program. The speakers address data privacy implications and discuss best practices for data collection. Ogletree Deakins’ Global Solutions podcast series includes country-specific flash briefings, full episodes on relevant topics for multinational employers, recap episodes, and companion materials. Ogletree Deakins’ DE&I@Work series focuses on diversity, equity, and inclusion efforts, including roundtables with diversity and inclusion stakeholders. A companion article and other relevant content are forthcoming.

TECHPLACE™ Talk: AI and Emerging Technologies

In this episode of our TECHPLACETM Talk series, Danielle Ochs, Jenn Betts, Stephen Riga, and Justin Tarka discuss artificial intelligence (AI), biometrics, robotics, and other emerging technologies, and the compliance issues that arise from their use, including privacy concerns.

Third Thursdays with Ruthie: The SAFE Workers Act

On January 13, 2021, the Secure and Fair Elections for Workers Act (SAFE Workers Act) was introduced in the U.S. House of Representatives. In the March edition of our Third Thursdays series, Ruthie Goodboe discusses the proposed legislation and the current state of mail- and manual-ballot representation elections.

Employment Law Legends, Episode 6: The ADA Strikes Back in Sutton v. United Air Lines, Inc.

Is a person who wears glasses considered disabled under the Americans with Disabilities Act (ADA)? The answer to this question would perplex the courts for years and lead to a legendary showdown between Congress and the Supreme Court of the United States. When the dust settled, disability law would be changed forever.

The Pregnant Workers Fairness Act and Employers’ ADA, FMLA, PDA, and State Law Obligations

On February 15, 2021, the Pregnant Workers Fairness Act (H.R. 1065) was reintroduced in the U.S. House of Representatives. Charles Thompson and Lisa Burton discuss the protections in the proposed legislation. The speakers also address employers’ current obligations with regard to pregnant workers under the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the Pregnancy Discrimination Act (PDA), and state-specific statutes.

Cal/OSHA’s COVID-19 Emergency Temporary Standards, Part 3: COVID-19 Outbreaks

In the final episode of our three-part podcast series on Cal/OSHA’s COVID-19 emergency temporary standards (ETS), Karen Tynan and Kevin Bland discuss the term “outbreak” as it is defined in the standards, employers’ reporting obligations, and testing requirements. They also provide some predictions and insights on what ETS amendments may be forthcoming.

California Meal Break Requirements: Donohue v. AMN Services, LLC

On February 25, 2021, the Supreme Court of California addressed meal break periods in its opinion in Donohue v. AMN Services, LLC. In this podcast, Charles Thompson and Doug Farmer discuss the three holdings of the opinion and address the ruling’s practical implications for employers.

Cal/OSHA’s COVID-19 Emergency Temporary Standards, Part 2: Hierarchy of Controls

In the second episode of our three-part podcast series on Cal/OSHA’s COVID-19 emergency temporary standards , Karen Tynan and Kevin Bland discuss the hierarchy of controls, which may include workplace modifications such as solid partitions, air quality improvements, and the use of personal protective equipment. The speakers also address reporting positive cases, excluding employees from the workplace, and returning employees following exclusion.

Cal/OSHA’s COVID-19 Emergency Temporary Standards, Part 1: Definitions and Requirements

In the first episode of our three-part podcast series on Cal/OSHA’s COVID-19 emergency temporary standards (ETS), Karen Tynan and Kevin Bland provide background on the ETS. In addition, the speakers discuss the key elements and implementation of the standards, including the written COVID-19 Prevention Program, recordkeeping, COVID-19 exposure protocols, and notices.

Global Solutions, Episode 24: COVID-19 Surveillance Testing

In this episode of our Global Solutions podcast series, Andre Appel and Jaslyn Johnson provide an overview of the use of COVID-19 surveillance testing globally. The speakers also address the types of COVID-19 testing and data protection concerns arising under the General Data Protection Regulation. Ogletree Deakins’ Global Solutions podcast series includes country-specific flash briefings, full episodes on relevant topics for multinational employers, recap episodes, and companion materials.