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Dirty Steel-Toe Boots, Episode 19: The Worker Walkaround Representative Designation Process

In this episode of Dirty Steel-Toe Boots, host Phillip Russell is joined by Frank Davis to discuss the Occupational Safety and Health Administration’s (OSHA) proposed rule on the worker walkaround representative designation process and whether the walkaround rule supports unionization. Our speakers specifically address whether OSHA has the legal authority to define what “authorized representative” means without referencing the National Labor Relations Act (NLRA)—or whether OSHA’s efforts are preempted by the Occupational Safety and Health (OSH) Act. Phillip and Frank discuss potential challenges to the walkaround rule, what employers can do during the comment period, what employers can expect given the current political climate (including the upcoming elections and the Supreme Court’s impending Chevron deference case), and the effects of this proposal if the rule survives potential challenges and becomes final.

Phillip B. Russell Tampa Speaker

Frank D. Davis Dallas Speaker

Like, Comment, and Share: Social Media Policies for Multistate Employers

In this podcast, Dee Anna Hays and Susan Gorey are joined by John Merrell, who is a member of our Traditional Labor Relations Practice Group, to discuss the pros and cons of having a social media policy. Our speakers specifically focus on the considerations employers should keep in mind when updating and drafting their social media policies, such as protected concerted activity (PCA) under the National Labor Relations Act (NLRA). They also cover the importance of having and implementing policies that consider their company’s best interest, while being careful to avoid those that may have a “chilling effect” on employees’ right to engage in PCA on social media

Dee Anna D. Hays Tampa Speaker

John T. Merrell Greenville Speaker

Susan M. Gorey Indianapolis Speaker

NLRB GC’s McLaren Macomb Memo: The Uncertain Future of Nondisparagement and Confidentiality Provisions

In this podcast, Tom Davis and Tom Stanek, co-chairs of Ogletree Deakins’ Traditional Labor Relations Practice Group, provide an update on the National Labor Relations Board’s (NLRB) February 2023, decision that nondisparagement and confidentiality provisions in severance agreements are unlawful. This episode of Third Thursdays does a deep dive into the March 22, 2023, NLRB general counsel (GC) memorandum clarifying the McLaren Macomb ruling. In addition to providing an update on the GC’s latest guidance, Davis and Stanek also provide clarification on previously unsettled issues and factors to keep in mind when drafting severance, settlement, and other employment agreements.

C. Thomas Davis Nashville Speaker

Thomas M. Stanek Phoenix Speaker

R-Case Procedures: Where Things Stand After Recent Judicial Activity and NLRB Response

In this podcast, Tom Davis, co-chair of Ogletree Deakins’ Traditional Labor Relations Practice Group, provides an update on the current National Labor Relations Board’s (NLRB) representation-case (R-case) procedures, which have gone through substantial changes involving NLRB rulemaking in 2014 and 2019. Tom reviews the recent court of appeals decision resolving challenges to the 2019 modifications and how the NLRB intends to respond to that decision. He then reviews which proposed changes are and which ones are not in effect today: for example, when the list of eligible voters is due, when the certification of election results may occur, who can be an election observer certified by a union, the number of days permitted for various steps in the process, and whether ballots are impounded or counted when an election is appealed.

C. Thomas Davis Nashville Speaker

Technology and the Workplace: What Employers Need to Know About NLRB General Counsel Memo 23-02

In this podcast, Tom Davis, co-chair of Ogletree Deakins’ Traditional Labor Relations Practice Group, sits down with Jenn Betts, co-chair of the firm’s Technology Practice Group, to discuss the National Labor Relations Board’s (NLRB) General Counsel (GC) Memorandum 23-02 on technology in the workplace. While technology can increase efficiencies, ensure security, increase productivity, and promote decision-making fairness, our speakers consider the concerns articulated by the General Counsel about how these tools can impact Section 7 activity. Jenn and Tom do a deep dive into the implications of memo 23-02 and how employers may need to adjust their use of technology if the GC’s perspectives are adopted by the NLRB.

Jennifer G. Betts Pittsburgh Speaker

C. Thomas Davis Nashville Speaker

Dirty Steel-Toe Boots, Episode 14: Nonmanagement Access During an OSHA Inspection

The Occupational Safety and Health Administration (OSHA) recently proposed a rule that would revive a policy allowing nonemployee representatives of labor unions and worker advocacy groups to take part in OSHA inspections. In this podcast, Frank Davis and Phillip Russell, members of Ogletree Deakins’ Workplace Safety and Health Practice Group, review the current law and how the proposed rule, if adopted, may transform and expand OSHA inspections.

Phillip B. Russell Tampa Speaker

Frank D. Davis Dallas Speaker

Labor Relations and Organizing: What to Watch for in 2023

In this podcast, Tom Davis, co-chair of Ogletree Deakins’ Traditional Labor Relations Practice Group, reviews recent developments in labor relations and organizing and offers helpful insights on hot topics for 2023. Tom discusses some of the reasons for the increased level and visibility of organizing and whether this trend will continue. The episode also provides an update on National Labor Relations Board (NLRB) activity and how the present political climate may influence developments. The presentation concludes with a preview of traditional labor topics to come in 2023, including handbook policies, joint-employer issues, expansion of the concept of protected concerted activity, and artificial intelligence (AI) in the workplace.

C. Thomas Davis Nashville Speaker

This Is Labor in California, Episode 8: Labor Considerations for Mandatory Vaccination Policies

In this episode of our California labor law podcast series, Maria Anastas and Daniel Adlong discuss the labor implications when employers implement mandatory vaccination policies for both union and non-union employees.

Maria Anastas Los Angeles Speaker

Daniel A. Adlong Orange County Speaker

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.

Maria Anastas Los Angeles Speaker

Daniel A. Adlong Orange County Speaker

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.

Maria Anastas Los Angeles Speaker

Daniel A. Adlong Orange County Speaker

Karen F. Tynan Sacramento Speaker

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.

Maria Anastas Los Angeles Speaker

Daniel A. Adlong Orange County Speaker

This is Labor in California, Episode 4: Predictions for 2021

In this episode of our California labor law podcast series, Maria Anastas and Daniel Adlong each discuss their top three predictions regarding organized labor in California in 2021.

Maria Anastas Los Angeles Speaker

Daniel A. Adlong Orange County Speaker

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.

Maria Anastas Los Angeles Speaker

Daniel A. Adlong Orange County Speaker

This Is Labor in California, Episode 2: Concerted Refusals to Work During the COVID-19 Pandemic

In this episode of our California labor law podcast series, Maria Anastas and Sean Kramer discuss the rights of employees to refuse to work and how those rights have been exercised during the COVID-19 pandemic. The speakers also address how the National Labor Relations Board evaluates what constitutes protected activity.

Maria Anastas Los Angeles Speaker

This Is Labor in California, Episode 1: Union-Sponsored AB 685’s New COVID-19 Requirements

In this episode of our new series on labor issues in California, Maria Anastas, Daniel Adlong, and Sean Kramer discuss what organized labor in California is doing about COVID-19, in terms of legislation and union information requests during the pandemic. The speakers specifically discuss Assembly Bill (AB) 685, which now requires employers to take action when they receive notice of potential COVID-19 exposure and ensure that contact tracing protocols are in place.

Maria Anastas Los Angeles Speaker

Daniel A. Adlong Orange County Speaker

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