In this podcast, host Bill Grob is joined by Chris Cascino to discuss the U.S. Department of Labor’s (DOL) new opinion letter on how the Family and Medical Leave Act (FMLA) applies in employee scheduling. Our speakers discuss the background of the opinion letter, the intricacies of offering intermittent leave for an indefinite period of time, and the DOL’s stance that employees may limit their work schedules on an intermittent leave basis in perpetuity. Bill and Chris also discuss the methods available to employers in terms of scheduling, the intersection of the Americans with Disabilities Act with the FMLA, and undue hardship exemptions under the ADA.
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.
Managing and Enforcing Restrictive Covenants during COVID-19
As the COVID-19 pandemic continues to alter the legal landscape, John Drake and Amy Jensen discuss the challenges employers are facing with enforcing restrictive covenants, including how to navigate closed courts, furloughed and laid off employees, and remote work.
Criminal Referrals and OSHA Violations, Part I: When Movie Sets Are Under OSHA’s Spotlight
In this podcast series, Frank Davis and John Surma, members of Ogletree’s Workplace Safety and Health Practice Group, discuss the circumstances under which criminal prosecution may result from a violation of the Occupational Health and Safety (OSH) Act by doing a deep dive into the fatal shooting on the set of the movie “Rust.” Frank and John review what is required for a finding of a “willful” violation of the OSH Act’s General Duty Clause. They also focus on activity in the Occupational Safety and Health Administration’s Region 6, and the investigation of the “Rust” shooting by the New Mexico Occupational Health & Safety Bureau.