Oregon Employment Law, Episode 3: COVID-19, School Closures, and Employee Leave Entitlements for Caregivers

In this episode of our Oregon Employment Law podcast series, Paul Cirner and Florence Mao discuss the employment law implications of school closures and quarantine orders related to COVID-19 exposure. The speakers detail the relevant requirements under federal laws and the Oregon Family Leave Act (OFLA) in addition to explaining issues regarding verification of caregivers’ need for leave, the amount of leave required under leave laws, and the interplay between federal and state law.

In The Breakroom With Bill, Episode 5: Breaking Down Florida’s Employer Vaccine Mandate Restriction

In this episode of In the Breakroom, Bill Grob is joined by Phillip Russell and Dee Anna Hays to discuss Florida’s new law prohibiting employers from mandating employee vaccinations. The new measure, which went into effect immediately after Governor Ron DeSantis signed the law on November 18, 2021, prohibits employers from implementing a COVID-19 vaccination mandate for employees without providing at least five individual exemptions. Our speakers discuss the details of the new law and the five exemptions and address compliance questions and challenges on the horizon for Florida employers.

Dirty Steel Toe Boots, Episode 6: Florida’s New Law Restricting Employer Vaccine Mandates

In this episode of Dirty Steel-Toe Boots, host Phillip Russell is joined by Dee Anna Hays for a first look at the new Florida law that prohibits private employers from mandating COVID-19 vaccinations for employees unless they qualify for one of five exemptions (medical, religious, prior infection immunity, regular testing, and personal protective equipment (PPE) usage). The law is effective immediately and impacts private employers that mandate vaccinations for their employees. Phillip and Dee Anna also discuss possible conflicts with and preemption of the new state statute with federal vaccine mandates in Executive Order 14042 (which applies to federal contractor employees) and by the Centers for Medicare and Medicaid Services (CMS).

Dirty Steel-Toe Boots, Episode 5: A First Look at OSHA’s New ETS With Phillip Russell and Eric Hobbs

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, for a first look at the emergency temporary standard (ETS) just released by the U.S. Occupational Safety and Health Administration (OSHA). The speakers discuss what an ETS is under the Occupational Safety and Health (OSH) Act, what it must contain, and legal arguments and procedures for how it may be challenged. Phillip and Eric also discuss various requirements for employers under the ETS including how it counts the 100+ employee minimum, how it excludes employees who work exclusively outside or remotely, and other key points.

In The Breakroom With Bill, Episode 4: OSHA’s New Emergency Temporary Standard

Welcome to In the Breakroom, a podcast series on hot topics related to employment law. On November 4, 2021, the U.S. Occupational Safety and Health Administration (OSHA) issued its new emergency temporary standard (ETS), which imposes vaccine and COVID-19 testing requirements on employers with 100 or more employees. In this episode, Bill Grob and Phillip Russell address the main challenges employers will face as they strive to comply with the new ETS.

Global Solutions Flash Briefing: Philippines FIRB Extends WFH Regime With An Important Change

In this episode of our Global Solutions podcast series, Ethan Isaac and Eric Lee discuss recent guidance from the Philippines’ Fiscal Incentives Review Board (FIRB) that requires employers in the “Special Economic Zones”  to have 10 percent of their employees working on-site in order to continue receiving corporate tax incentives. As the Delta variant causes COVID-19 cases to increase again and employees continue to work from home, the Philippine Economic Zone Authority has appealed to the FIRB to maintain the previous status quo. (Since the recording of this podcast, the FIRB denied the appeal.)

Global Solutions, Episode 27: Remote Work Rules in the Americas

In this episode of our Global Solutions series, Pietro Straulino-Rodríguez, Carlos Colόn-Machargo, and Shir Fulga address laws regarding remote work in Canada, Mexico, and Latin American countries. The speakers discuss several topics associated with remote work, including workplace safety, employee privacy, the provision of equipment, and expense reimbursement for utilities (e.g., internet service). In addition, the speakers cover the various wage and hour issues involved in tracking employees’ hours, paying overtime compensation, and engaging employees only when they are scheduled to work. (Note: In the time between the recording of the podcast and its airing, the Ontario government introduced a new bill entitled Bill 27, Working for Workers Act, 2021, which, if passed, would mandate the implementation of “right to disconnect” provisions under the Employment Standards Act, 2000.)

Oregon Employment Law, Episode 2: Managing Medical and Religious Accommodation Requests Related to COVID-19 Vaccine Mandates

In this episode of our Oregon Employment Law podcast series, Paul Cirner and Florence Mao discuss the requirements of federal and state statutes regarding religious and medical accommodations—including the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, and Oregon’s disability and antidiscrimination laws—and their relevance to COVID-19 vaccine mandates. The speakers also provide key considerations for employers responding to medical accommodation requests.

Oregon Employment Law, Episode 1: COVID-19 Vaccine Mandates—What Oregon Employers Need to Know

In the first episode of our new Oregon Employment Law podcast series, Paul Cirner and Florence Mao discuss recent changes to the Oregon Health Authority’s temporary rule mandating COVID-19 vaccinations for employees in healthcare settings. The rule now includes an updated effective date and documentation requirements for medical or religious exceptions. The speakers also address the interplay between the pending emergency temporary standard from the federal Occupational Safety and Health Administration and the Oregon Occupational Safety and Health Division.

 

Dirty Steel-Toe Boots, Episode 4: Corporate Safety Culture

In this episode of Dirty Steel-Toe Boots, a podcast for employers about OSHA enforcement, Mark Ligon, vice president of safety and risk management for the Vecellio Group, joins Phillip Russell to discuss how businesses can create and maintain cultures of corporate safety, as well as leverage employee and management engagement to achieve success.

New York’s COVID-19 Vaccination Law: the Latest on the ‘Key to NYC’

On September 13, 2021, New York City began enforcing Executive Order No. 225 (“Key to NYC”), which requires individuals show proof of COVID-19 vaccination prior to entering certain indoor establishments. In this podcast, Kelly Cardin and Jessica Schild discuss the key requirements of the executive order, including exemptions and penalties. The speakers also address significant compliance considerations implicated by the New York City Human Rights Law.

In The Breakroom With Bill, Episode 3: What to Expect From OSHA’s Emergency Temporary Standard on Mandatory Vaccinations

In this episode of In the Breakroom, a podcast series on hot topics related to employment law, Bill Grob and Phillip Russell discuss President Joe Biden’s September 9, 2021, announcement of a strategy for combating the COVID-19 pandemic that calls on the Occupational Safety and Health Administration (OSHA) to develop and implement a new emergency temporary standard (ETS). The speakers discuss the features that employers might expect from the anticipated ETS, including a requirement that employers with 100 or more employees mandate full vaccination or weekly COVID-19 testing of their employees, as well as who will pay for weekly testing. The speakers also address the “grave danger” standard required for OSHA to issue an ETS.

Investigations in a New Era

Over the past few years, social and cultural movements have changed the nature and types of complaints that employers receive from employees. In this podcast, Monique Gougisha Doucette and Andre’ Caldwell discuss with Jim McGrew the evolution of complaints and the various tools that employers can implement to respond effectively to new allegations of discrimination, including with respect to internal investigations and organizational assessments.

Global Solutions, Episode 26: Global Mandatory Vaccination Policies

In this episode of our Global Solutions series, Ethan Isaac and Andre Appel provide an overview of the laws regarding the implementation of mandatory vaccination policies in workplaces globally. 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.

In The Breakroom With Bill, Episode 2: Restrictive Covenants

Welcome to In the Breakroom, a podcast series on hot topics related to employment law. On July 9, 2021, President Joe Biden issued the “Executive Order on Promoting Competition in the American Economy,” which, among other things, seeks to limit noncompete agreements. In this episode, Bill Grob and Caren Marlowe address changes to the use of restrictive covenants following the presidential action, including noncompete and nonsolicitation agreements. The speakers also discuss the federal Defend Trade Secrets Act and analogous state laws, including California’s and Florida’s respective uniform trade secrets acts.

Third Thursdays With Ruthie: The NLRB General Counsel Prepares to Upend Labor Law

On August 12, 2021, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued Memorandum G.C. 21-04, which outlines a road map to tilt the balance in favor of organized labor and greatly expands NLRB scrutiny of a wide array of employer obligations, including the duty to recognize and bargain with unions and remedial issues. In this edition of our Third Thursdays podcast series, Ruthie Goodboe is joined by Fito Agraz and Brian Hayes to discuss the memorandum’s implications for employers.

Dirty Steel-Toe Boots, Episode 3: Why Is OSHA Here?

Welcome to Dirty Steel-Toe Boots, a podcast for employers about OSHA enforcement. In this episode, Phillip Russell and Dee Anna Hays discuss the various reasons, including employee complaints and reportable events, for the Occupational Safety and Health Administration (OSHA) to come knocking on your door. The speakers address the likelihood of OSHA releasing COVID-19–related guidance on public indoor spaces and the agency’s renewed focus on heat stress.

In The Breakroom With Bill, Episode 1: Lessons From the Cuomo Report

Welcome to In the Breakroom, a podcast series on hot topics related to employment law. In this episode, Bill Grob and Tiffany Cox Stacy address key revelations from the August 3, 2021, investigative report regarding allegations of sexual harassment against New York Governor Andrew Cuomo. The speakers also discuss best practices for training and investigations of alleged harassment in the workplace.

Dirty Steel-Toe Boots, Episode 2: Who Is OSHA?

Welcome to Dirty Steel-Toe Boots, a podcast for employers about OSHA enforcement. In this episode, Phillip Russell and Eric Hobbs discuss the structure of the Occupational Safety and Health Administration (OSHA) and the agency’s new leadership, including in Washington, D.C., and the regional and area offices. The speakers emphasize the importance of building relationships with OSHA leadership and area offices and address the impact of the Biden administration’s new enforcement priorities.

Guns in the Workplace: Employer Firearm Policies in Texas and New York

On September 1, 2021, the Firearm Carry Act of 2021 will go into effect, allowing Texans to carry handguns in public without government-issued permits or licenses. With the patchwork of laws across the United States regarding the need (or lack thereof) for permits to possess and carry handguns, employers are facing questions about employees carrying guns into the workplace. In this podcast, Collin Brodrick and Matt Gizzo discuss employer gun policies by contrasting Texas’s and New York’s respective firearms statutes.

California Meal Break Requirements: Ferra v. Loews Hollywood Hotel, LLC

On July 15, 2021, the California Supreme Court issued a significant decision in Ferra v. Loews Hollywood Hotel, LLC, on premium pay owed for missed meal and rest breaks. In this podcast, Charles Thompson, Mike Nader, and Bob Roginson address the implications of the court’s retroactive decision for California employers and provide practical tips to ensure compliance. The speakers also discuss a pending California Supreme Court case, Naranjo v. Spectrum Security Services, Inc., which deals with related wage and hour issues.

Breaking Down Benefits: Is Your Wellness Plan Healthy?

In this episode of the Breaking Down Benefits series, Jason Rothman discusses wellness plans, including key strategy and tax considerations. He also addresses the application of the Health Insurance Portability and Accountability Act of 1996, the Americans with Disabilities Act, and the Affordable Care Act on incentives in wellness plans.

Dirty Steel-Toe Boots: A Podcast for Employers about OSHA Enforcement—1, Podcast Launch and 4 Starter Tips

In the inaugural edition of our Dirty Steel-Toe Boots podcast series, Phillip Russell explains what listeners can expect from this workplace safety and health podcast. The speaker also provides an update on developments at the Occupational Safety and Health Administration (OSHA) and four considerations for employers in light of OSHA’s increased enforcement efforts.

This Is Labor in California, Episode 7: Scabby the Rat

In this episode of our California labor law podcast series, Maria Anastas and Daniel Adlong discuss the impact of the National Labor Relations Board’s (NLRB) recent activity involving unions’ use of Scabby the Rat and the interplay with California’s Moscone Act. The speakers also address recent traditional labor trends in California.

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.