Workplace Safety in California, Episode 1: A Primer on Cal/OSHA

In the first episode of this multi-part series, Kevin Bland and Karen Tynan cover key information for employers about workplace safety in California. Topics include best practices when Cal/OSHA shows up for an inspection, handling employee interview and document requests, and avoiding common mistakes.

Pay Equity FAQs, Topics, and Trends

The trend of increased legislation, regulation, and corporate initiatives focused on identifying and correcting pay disparities in the workplace has continued to grow. In this episode, Liz Washko discusses recent developments related to pay equity, how to conduct a pay audit, and more.

Third Thursdays with Ruthie: Policies and Protected Concerted Activity

Both union and non-union employers need to be sure that their policies and procedures do not violate Section 7 of the National Labor Relations Act. In this episode of the Third Thursdays podcast, Ruthie Goodboe and Sarah Kuehnel discuss what constitutes protected concerted activity, the recent narrowing of this definition, and practical takeaways for employer policies.

Salary History Bans: FAQs, Best Practices, and Latest Updates

Laws limiting employers’ inquiries on a prospective employee’s compensation history are on the rise. More and more states and localities are passing these laws and, at the same time, courts are deciding cases on whether prior salary can justify pay differences. In this episode, Lara de Leon discusses the current state of the law and

Diversity and Inclusion in Manufacturing: Practical Tips for a Successful Program

In this episode, Bud Bobber and Kimya Johnson discuss practical ways that employers in the manufacturing industry can address diversity and inclusion (D&I) in the workplace. They will cover unique challenges faced by manufacturers, best practices for developing, implementing, and tracking D&I initiatives, and key tenets of successful programs.

Third Thursdays with Ruthie: Are College Professors and Other Professional Employees Covered By the NLRA?

The issue of whether faculty at private colleges and universities are entitled to the protections of the National Labor Relations Act is still in flux—and cases on this topic can provide useful insight for other industries as well. In this episode of the Third Thursdays podcast, Ruthie Goodboe and Fito Agraz discuss the current state of the law as it relates to managerial status under the NLRA, and what recent cases mean for employers inside and outside of the educational context.

Employment Law Legends, Episode 1 – Employment Law Reborn: West Coast Hotel v. Parrish

Our new series, Employment Law Legends, examines pivotal employment law cases—from the history behind them to their lasting impact. In the first episode of the series, Paul Rinnan discusses West Coast Hotel v. Parrish, a case that made it possible for the legislature and the courts to regulate the employer-employee relationship in ways never thought possible before.

Untangling Complex Leave Issues – Part II

In the second episode of this two-part series, John Stretton and Rachel Mandel discuss the complexities surrounding the Family and Medical Leave Act and the Americans with Disabilities Act, including no fault attendance policies, benefits issues, suspected leave fraud, and other challenging situations.

Pre-Employment Tests: Best Practices to Minimize Risks

While pre-employment tests can be a useful tool in the hiring process, such tests are susceptible to legal challenges and employers should exercise diligence in implementing and validating these tests. In this episode, Rae Gross and Sarah Kuehnel explore the legal parameters of pre-employment testing and provide best practices for ensuring these tests withstand legal scrutiny.

Third Thursdays with Ruthie: Picketing, Bannering, and Scabby the Rat

For many years, unions have used “Scabby the Rat” as a symbol of protest. In this episode of the Third Thursdays podcast, Ruthie Goodboe and Brian Hayes take a look at the current state of the law as it relates to the use of Scabby and what constitutes legal picketing and bannering.

Drug Testing in the Manufacturing Industry: Top Tips for Legal and Effective Policies

Employers may be finding it difficult to keep pace with the increasing number of state and local drug testing laws—and in safety-sensitive work environments, like those in manufacturing, there are many issues to consider. In this podcast, Bud Bobber and Mike Clarkson discuss best practices for manufacturers on maintaining effective and legal drug testing policies and procedures.

Understanding the Latest IRS Guidance on 401(k) Hardship Distributions

In 2018, Congress passed legislation and the IRS issued proposed regulations relaxing the requirements for 401(k) plan hardship distributions. In this podcast, David Rosner and Taylor Bracewell follow up on their earlier blog and discuss the previous hardship distribution requirements and how the new guidance will affect 401(k) plans and participants.

An H-1B Primer for the Cap Season and Beyond

H-1B visas have long been a popular choice for employers, but this mainstay of the non-immigrant visa class presents employers with a number of challenges, including competition for limited numbers of visas, increased scrutiny, and some new procedural twists that are being developed. Miguel Manna will explain the current state-of-play for the H-1B visa and share his insights to help employers plan appropriately.

Most Common OSHA Citations in Construction—And How to Avoid Them

In this podcast, Frank Davis and Jeff Leslie discuss common OSHA citations issued in the construction industry, including citations related to fall protection, scaffolding, ladders, and eye and face protection. They will also discuss best practices for spotting potential issues and avoiding these citations.

Third Thursdays with Ruthie: Independent Contractor Developments

The National Labor Relations Board recently issued a business-friendly decision that marks a return to the traditional independent contractor analysis and restores significance to a worker’s “entrepreneurial opportunity” for financial gain in determining whether the individual is an employee or independent contractor under the National Labor Relations Act. In this episode of the Third Thursdays podcast, Ruthie Goodboe and Bud Bobber will share their insights on this important topic.

Most Common OSHA Citations in Manufacturing—And How to Avoid Them

In this episode, Ron Chapman and Frank Davis cover some of the most common OSHA citations issued to manufacturers, from hazard communications to respiratory protection, and more. They will also discuss best practices for spotting potential issues and avoiding these citations.

Animals as Accommodations in the Workplace and in Businesses

Many employers and public accommodations are seeing an increase in requests for animals as an accommodation under the Americans with Disabilities Act (ADA). In this episode, Jim Paul and David Raizman discuss the use of service animals in the workplace and in those businesses and organizations that are ADA “public accommodations,” including best practices for handling employee requests for service animals, which animals qualify as service animals, and special rules applicable to places of public accommodation.

Workplace Violence: Key Updates and Steps for Prevention

Workplace violence continues to be a critical issue for employers, and taking steps to prevent workplace violence is key. Recent legislation, if passed, would force the Occupational Safety and Health Administration (OSHA) to issue a rule requiring certain employers to develop and implement a comprehensive workplace violence prevention plan. In this podcast, Dee Anna Hays and Shontell Powell discuss the significance of the pending bill and steps that all employers can take to minimize the threat of workplace violence.

Jump Start Your Diversity and Inclusion Program

In this podcast, Kimya Johnson and Michelle Wimes discuss ways that employers can address diversity and inclusion (D&I) in the workplace, including best practices for starting D&I programs or improving those already in existence. They will cover how companies can best structure their programs for success, general legal parameters, current trends in D&I programming, and challenges that companies may face.

Third Thursdays with Ruthie: Talking With Employees About Unions

While employers would universally agree that communication with their employees is essential, opinions vary on whether it makes sense to proactively talk to employees about unions and union representation. In the first Third Thursdays podcast, Ruthie Goodboe will share her thoughts on this important topic.

The Life of an ERISA Claim: Know the Basics and the Pitfalls

In this podcast, Byrne Decker and Steven Silver cover need-to-know basics on the Employee Retirement Income Security Act of 1974 (ERISA), including when ERISA applies, common challenges for employers, and how ERISA claims are litigated. They also discuss issues that may come up for sports industry employers such as handling disability claims involving concussions.

The Gig Economy Hits Temporary Staffing: What are the Legal Considerations?

New temporary staffing apps like Tilr and Shiftgig match workers with jobs in the same way that popular ridesharing apps match passengers with drivers. These apps offer a more streamlined approach than the traditional temporary staffing model, but an employment relationship is more complex than a ride to the airport.

Data Breach in Brief: Knowing the Risks and Protecting Your Company

Data breaches continue to be an unfortunate risk that companies face with increasing frequency. In this podcast, Rebecca Bennett, Stephen Riga, and Justin Tarka discuss data breaches from both a U.S. and EU perspective, including what constitutes a data breach, required notifications after a breach, legal consequences of a breach, and best practices for reducing legal risk.

How Contractors Become Responsible For Project Design

Design delegation—when a construction contractor assumes responsibility for project design—can expose contractors to increased liability. In this episode, Randy Ruff and Jonathan Mraunac discuss how design delegation can occur and best practices for managing the associated risks.

What’s the Need-to-Know on Employee Affinity Groups?

Employee Affinity Groups—also known as Business Resource Groups—are groups of employees with common interests, concerns, or characteristics. Join Michelle Wimes, Ogletree Deakins’ Chief Diversity and Professional Development Officer, as she discusses the purposes they serve, best practices for starting them, risks to watch out for, and more.

Untangling Complex Leave Issues – Part I

In the first episode of this two-part series, John Stretton and Rachel Mandel discuss the complexities surrounding the Family and Medical Leave Act and the Americans with Disabilities Act, including the interplay between the two laws and best practices for effectively managing leaves of absence in complicated situations.

Immigration Insights: Need-To-Know Updates for Employers

In this episode, Jamie Dietz and Tina Ho discuss the current business immigration landscape, from recent guidance and policy memos to practical insights for employers on understanding and preparing for this constantly evolving area.

Key Wage and Hour Issues for Manufacturing Industry Employers – Part 2

Join hosts Bud Bobber and Keith Kopplin for the second podcast in their series on important wage and hour topics for manufacturing industry employers. This podcast covers the important topic of overtime pay, including who is eligible for overtime, when it is owed, and how overtime pay is calculated.

Wisconsin FMLA vs. Federal FMLA in a Nutshell

In this episode, Keith Kopplin and Sarah Platt compare Wisconsin’s Family and Medical Leave Act with the federal Family and Medical Leave Act and discuss the key differences and top things employers should know.