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.

Global Solutions, Flash Briefing: China Sexual Harassment Case Briefing

In this Global Solutions flash briefing, Skye Hao discusses two recent landmark sexual harassment cases in China and the enactment of China’s civil code, which took effect on January 1, 2021. Ogletree Deakins’ Global Solutions podcast series includes more country-specific flash briefings, full episodes on relevant topics for multinational employers, recap episodes, and companion materials.

Global Solutions, Flash Briefing: South Korea Employment Law Update

In this Global Solution flash briefing, Jean Kim discusses two key employment law updates impacting employers in South Korea. Ogletree Deakins’ Global Solutions podcast series includes more country-specific flash briefings, full episodes on relevant topics for multinational employers, recap episodes, and companion materials.

This Is Labor in California, Episode 3: Granting Access to Private Property During Labor Disputes

In this episode of our California labor law podcast series, Maria Anastas, Daniel Adlong, and Sean Kramer review the rights of labor unions in California to access private property during labor disputes. The speakers discuss the burdens associated with obtaining an injunction during a labor dispute, in addition to California’s Moscone Act and relevant case law.

Global Solutions, Flash Briefing: Japan’s 2021 Response to COVID-19

In this Global Solutions Flash Briefing, Mami Kato discusses the Government of Japan’s response to evidence that new strains of COVID-19 have emerged and an increase in positive cases generally. In addition, she addresses the recently extended state of emergency, entry restrictions, vaccination rollout, and the impending Summer Olympic Games. Ogletree Deakins’ Global Solutions series includes more country-specific flash briefings, full podcast episodes on relevant topics for multinational employers, recap episodes, and companion materials.

NYC Fast-Food Law: Understanding New Worker Protections

With the enactment of New York City’s new employment laws for the fast-food industry, fast-food employers may soon face significant new requirements effective July 4, 2021. The speakers discuss the “just cause” standard and how it limits at-will employment in the New York City fast-food industry. They also address progressive discipline policies, penalties for noncompliance, and other key considerations for fast-food employers operating in New York City.

Global Solutions, Episode 23: Data Privacy Concerns Associated With Vaccination Policies

In this episode of our Global Solutions podcast series, Justin Tarka and Stephen Riga discuss the data privacy concerns related to vaccination policies. The speakers address wellness programs and other employer involvement in employee healthcare, including key considerations for collecting employee health information and implementing vaccination programs.

Third Thursdays with Ruthie: A Preview of Labor Law Policies Under President Biden

In the January edition of our Third Thursdays series, Ruthie Goodboe and Tom Davis examine the impact on labor issues of the newly inaugurated president and the Democratic-controlled 117th United States Congress. The speakers address the National Labor Relations Board’s (NLRB) vacancies, case decisions, and pending regulations. They also address the NLRB’s possible agenda and the Biden administration’s potential legislative priorities, including the reintroduction of the Protecting the Right to Organize (PRO) Act of 2019.

Global Solutions: The One in the New Year—A 2020 Recap

In this recap episode of our Global Solutions podcast series, Ethan Isaac and Bonnie Puckett reflect on episodes and developments from 2020, including mobile applications relating to COVID-19, remote working, and global mobility. They also discuss the top five areas of interest for employers in 2021.

Global Solutions, Episode 22: Key Considerations for Employers as the COVID-19 Vaccines Become Available

In this episode of our Global Solutions podcast series, Rebecca Emery and Katie Krouse discuss the distribution of the COVID-19 vaccine in the United States and across Europe. The speakers address key considerations for employers, including vaccination policies, responding to employee concerns regarding the COVID-19 vaccine, and access to employee health information.