In this installment of our Safety Perspectives From the Dallas Region podcast series, shareholders Frank Davis (Dallas) and John Surma (Houston) sit down with Ryan Swink (associate, Houston) to discuss OSHA compliance officers’ approach to inspections of meatpacking facilities. The discussion covers topics ranging from Process Safety Management (PSM) evaluations and ergonomics to documentation standards and recordkeeping. The speakers also address what constitutes a reasonable inspection, highlighting when inspections may become overly broad or unduly burdensome, which could violate Section 8 of the OSH Act.

In this installment of Ogletree Deakins’ Safety Basics podcast series, shareholders John Surma (Houston) and Erika Leonard (Austin) examine the intersection of employment law and workplace health and safety law. Erika and John cover internal employment investigations when a safety incident has occurred and consider decisions such as who should conduct the investigation, whether to conduct witness interviews, and the ins and outs of reviewing documentation and physical spaces and/or objects that may be involved. John and Erika also offer insight into potential compensation and/or leave and accommodation issues, and the importance of determining whether an incident warrants employee discipline or discharge.

In this podcast, Mike Mahoney (shareholder, Morristown/New York City) and Viki Farrior (of counsel, Oklahoma City) provide an informative update on the status of employee retention credit (ERC) claims submitted to the Internal Revenue Service (IRS). Mike, who is chair of the firm’s Payroll Tax and Fringe Benefits Subgroup, and Viki discuss options available to employers that submitted ERC claims but who have not yet received their refunds. They provide a concise but detailed explanation of the state of IRS tax credit processing and of the refund suit process, including expected time to resolution.

In this podcast, Mike Mahoney (shareholder, Morristown/New York City) and Stephen Kenney (associate, Dallas) discuss ways in which employers can assist employees affected by federally declared disasters in a tax-efficient manner. Mike, who is chair of the firm’s Payroll Tax and Fringe Benefits subgroup, and Stephen cover disaster relief payments for reasonable and necessary expenses incurred, such as those for medical treatment, transportation, housing, clothing, and other general living expenses for the employee and household members. They also cover leave sharing options in which employees may donate leave for use by employees adversely affected by a major disaster.

In this installment of our Safety Perspectives From the Dallas Region podcast series, shareholders Frank Davis (Dallas) and John Surma (Houston) discuss challenging situations that may arise during an OSHA inspection. Frank and John specifically address the importance of maintaining professionalism, documenting compliance officer conduct, sticking to the agreed-upon scope of an inspection, and clearly communicating with OSHA officers to protect employer rights during a safety inspection.

In this installment of our Safety Basics podcast series, shareholders John Surma (Houston) and Frank Davis (Dallas) discuss the whistleblower protections of section 11(c) of the Occupational Safety and Health (OSH) Act, which prohibits retaliation against employees who raise health or safety complaints to the government or their employers. Frank and John explain the elements that establish a valid claim of retaliation under the OSH Act: (1) a complaint about unsafe working conditions; (2) an adverse employment action; and (3) a “but for” causal relationship between the complaint and the adverse action. They also emphasize the importance of documenting employee misconduct and discipline to defend against retaliation claims and demonstrate legitimate, nondiscriminatory reasons for adverse employment actions.

In this episode of our Multistate Monday podcast series, Dee Anna Hays (co-chair of the firm’s Multistate Advice and Counseling Practice Group) and Susan Gorey take on the timely topic of voting and election leave laws, as well as other related issues that may arise during this busy political season. Susan and Dee Anna review a wide range of state law requirements relating to paid and unpaid leave for voting, and associated posting and timing requirements. They also provide important reminders about the National Labor Relations Act’s protections of political speech and the EEOC’s guidance on anti-harassment.

In this episode of our Cross-Border Catch-Up podcast series, Carlos Colón-Machargo (Atlanta) and Maya Barba (San Francisco) discuss the specific aspects of Puerto Rican employment laws. Maya and Carlos cover statutory entitlements and protections for employees, whether exempt or non-exempt, including “just cause” terminations, required probationary periods, mandatory holiday bonuses, and fully paid maternity leave. The speakers also address the four mandatory employment policies recently implemented in Puerto Rico covering (1) domestic violence, (2) sexual harassment, (3) sexual orientation and gender identity, and (4) anti-bullying.

In this episode of our Cross-Border Catch-Up podcast series, Goli Rahimi (Chicago) and Lina Fernandez (Boston) discuss global intellectual property (IP) assignment policies for an international workforce. The speakers discuss logistical considerations for different types of IP that are assigned or created, including ownership rights and compensation, validity and enforceability of the assignments, types of rights that can or cannot be transferred, choice of law provisions, and more.

In this podcast, Meagan Dziura (of counsel, Raleigh) sits down with Jim Plunkett (shareholder, Washington), who is the chair of the firm’s Governmental Affairs Practice Group, to discuss how the outcome of the upcoming election could impact business immigration for employers. Jim and Meagan address the status of pending immigration regulations proposed by the current administration and explore whether these proposals will succeed or fail depending on who is “holding the pen” for the next four years. They also cover the varying roles and potential impacts of regulatory agencies, Congress, and the courts on future immigration policy.

In this installment of our Safety Basics podcast series, Frank Davis (Dallas) and John Surma (Houston) discuss employer and employee rights during an Occupational Safety and Health Administration (OSHA) inspection. John and Frank discuss employee rights, such as (1) the right to speak to OSHA inspectors without fear of retaliation or retribution by their employer; (2) the right to complain about work; (3) the right to refuse to work; (4) the right to information; (5) the right to participate in OSHA inspections; (6) the right to a workplace that is free from recognized hazards; and (7) the right to organize and form a union. They also cover employer rights, such as (1) the right to a reasonable inspection; (2) the right to representation during interviews of management employees; (3) the right not to perform work or engage in demonstrations of processes during an OSHA inspection; (4) the right to continue operating after a fatality or catastrophe; (5) the right to protect trade secrets or proprietary information from public disclosure; and (6) the right to establish the “unpreventable employee misconduct defense.”