Episodes

In this episode of our Cross-Border Catch-Up podcast series, Samantha Duncan (Washington, D.C.) and Jane Jeong (New York) discuss the key pillars of an effective risk management framework for multinational employers whose employees travel to or work from high-risk locations. Jane and Samantha cover how to classify risk using resources like the U.S. State Department’s travel advisories and the Overseas Security Advisory Council (OSAC) guidance, and outline mitigation strategies spanning travel po...

In this episode of our Cross-Border Catch-Up podcast series, Samantha Duncan (Washington, D.C.) and Kristyn Lambert (New Orleans) examine why fixed-term employment contracts, which U.S. employers often treat as simple scheduling tools, operate under a separate set of rules in most countries. Kristyn and Samantha discuss how fixed-term and indefinite contracts differ in justification, termination, and formality requirements; how probationary periods must be adjusted for fixe- term arrangements; a...

In this podcast, Perry Yung, Shir Fulga, and Erin Schacter discuss the Nova Scotia decision in Gentleman v. Kings (County), which addressed whether an individual was entitled to protection from a collective bargaining agreement, though their offer of employment was rescinded before the first day of employment. The speakers provide practical pointers, including the importance for employers to recognize the moment an offer for a unionized position is accepted, the employment relationship and all t...

In this episode of our Cross-Border Catch-Up podcast series, Kate Thompson (New York/Boston) and Carlos Colón-Machargo (Atlanta) examine Victoria’s proposed Equal Opportunity Amendment Work From Home Bill 2026, which would convert working from home from a request employees can make into a right they can claim, shifting the burden onto employers to justify any refusal. The speakers cover the bill’s eligibility rules, its interaction with the federal Fair Work Act’s flexible work provisions, the 2...

In this seventh and final episode of the Talent Risk Assessor series on Defensible Decisions, shareholders Scott Kelly (Birmingham/Washington, D.C.) and Lauren Hicks (Indianapolis/Atlanta) are joined by Pete Bell and Chrissy Blantz of the firm’s data analytics team to bring together the six workforce dimensions covered across the series—(1) selections and hiring, (2) dispositions, (3) separations, (4) talent progression, (5) performance, and (6) compensation—into a single, repeatable seven step ...

In this episode of our Cross-Border Catch-Up podcast series, Maya Barba (San Francisco) and Kristyn Lambert (New Orleans) break down a commonly misunderstood risk for global employers: attorney-client privilege doesn’t operate across borders as most companies assume. From the U.S. baseline to recent legislative developments in France and Switzerland, the speakers walk through how different legal systems protect—or fail to protect—in-house counsel communications. Tune in for practical takeaways o...

In this episode of our Cross-Border Catch-Up podcast series, Patty Shapiro (San Diego) and Kristyn Lambert (New Orleans) break down what U.S. employers need to know about Australian employment law. They cover the layered framework of the Fair Work Act, modern awards, and enterprise agreements, as well as the strict procedural requirements for termination, redundancy, and discipline. The speakers also examine Australia’s proactive duty to prevent sexual harassment, a standard that goes well beyon...

In episode six of the Talent Risk Assessor series of Defensible Decisions, Scott Kelly (Birmingham/Washington) and Cam Ellis (Atlanta) are again joined by Pete Bell of the firm’s data analytics team to examine how compensation data can be analyzed for potential pay disparities. Building on the performance rating patterns discussed in episode five, the speakers walk through a layered approach, starting with average pay comparisons among similarly situated employees, moving to a review of outliers...

In episode five of the Talent Risk Assessor series on Defensible Decisions, Scott Kelly (Birmingham/Washington, D.C.) and Cam Ellis (Atlanta) are joined by Pete Bell of the firm’s data analytics team to examine performance ratings—one of the foundational pillars of employment decisions from merit to promotion to termination. The speakers walk through how the talent risk assessor goes beyond a company-wide view to flag gender or race-based differences in ratings within a specific manager’s team o...

In episode four of the Talent Risk Assessor series on Defensible Decisions, shareholders Scott Kelly (Birmingham/Washington) and Lauren Hicks (Indianapolis/Atlanta) are joined by Emily Botto, a senior data analyst on the firm’s data analytics team, to examine talent progression and retention. Building on the voluntary separation patterns identified in episode three, the speakers walk through how time-to-promotion and tenure data, when read together, reveal whether certain job families or busines...

In this podcast, Shir Fulga, Erin Schachter, and Susan Ivimey discuss important changes to employment standards in Canada that took effect on January 1, 2026, focusing on the extension of long-term illness leave in Alberta, Saskatchewan, and Manitoba, and new rules in Saskatchewan that prohibit employers from withholding tips. Additionally, they cover the introduction of new job-protected leaves in Saskatchewan, which include maternity leave and leave for interpersonal violence, as well as new p...

In episode three of this special series of Defensible Decisions discussing Ogletree’s Talent Risk Assessor, shareholders Scott Kelly (Birmingham/Washington) and Chris Near (Columbia) are joined by Chrissy Blantz from the firm’s Data Analytics team to examine separations and terminations—an area of the employment lifecycle where legal risk is often most acute. Using a hypothetical multi-state employer, the speakers walk through how a statistically significant flag in overall separation rates can ...

In episode two of this special series of Defensible Decisions discussing Ogletree’s Talent Risk Assessor, shareholders Scott Kelly (Birmingham/Washington) and Chris Near (Columbia), who are joined by Chrissy Blantz from the firm’s Data Analytics team, focus on dispositions and merit-based hiring documentation. The speakers explain how disposition codes work alongside dashboard analytics to show whether hiring decisions are consistently tied to job-related, posted criteria, and offers practical g...

In this second episode of our Labor Law Solutions podcast, shareholders Tom Davis (Nashville), Tom Stanek (Phoenix), and Brian Hayes (Washington), who co-chair the firm’s Traditional Labor Relations Practice Group, examine the confirmation of James Macy to the National Labor Relations Board (NLRB). Brian, who is a former NLRB member, offers his insights on what a third management-minded member means for reversing several pro-union precedents, including the bargaining order standard, the captive ...

In this podcast, shareholders Kevin Bland (Orange County) and Karen Tynan (Sacramento) discuss the most common Cal/OSHA citations issued to California agriculture employers. Karen, who is chair of the firm’s Workplace Safety and Health Practice Group, and Kevin discuss including heat illness prevention, Injury and Illness Prevention Plan (IIPP) violations, field sanitation requirements, lockout/tagout compliance, and respiratory protection for hazards like valley fever and wildfire smoke. The sp...

This special series of Defensible Decisions, discusses Ogletree’s Talent Risk Assessor dashboard that helps employers integrate data from the full employment lifecycle to give management a birds’ eye view of the legal risks associated with employment decisions. Episode one features shareholders Scott Kelly (Birmingham/Washington) and Chris Near (Columbia), who are are joined by Chrissy Blantz from the firm’s Data Analytics team, to examine how Ogletree’s Talent Risk Assessor evaluates selection ...

In this episode, Shir Fulga (Toronto) and Erin Schachter (Montréal) (Toronto) discuss recent Quebec and Ontario court decisions certifying consumer class actions in data breach cases—and what these rulings mean for employers handling employee data. The discussion covers how courts are lowering the threshold for claims, allowing actions based on moral damages even in the absence of proven financial harm, and applying multiple legal frameworks, including privacy statutes, consumer protection laws,...

In this episode of our Cross-Border Catch-Up podcast series, Patty Shapiro and Kate Thompson conclude their three-part series on global workplace investigations by highlighting common pitfalls that employers should avoid and providing valuable takeaways. Kate and Patty address the challenge of balancing transparency with confidentiality requirements and data privacy laws, and emphasize the importance of understanding cultural differences. Additionally, they point out that maintaining thorough do...

In this podcast, Ogletree’s Military Workforce Practice Group co-chairs Jay Patton (Birmingham) and Amy Glenos (Birmingham) examine the five most common pitfalls employers face military leave issues under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Amy and Jay cover a variety of topics from documentation missteps and paid leave disputes to reduction in force (RIF) decisions and reemployment position determinations. Drawing on real settlement figures and contro...

In part two of this three-part episode of our Cross-Border Catch-Up podcast series, Patty Shapiro and Kate Thompson explore the components of an effective and compliant investigation, including the importance of timeliness and adherence to jurisdiction-specific deadlines. The discussion also covers essential steps in evidence collection, implications for data privacy, challenges in maintaining confidentiality, handling anonymous complaints, and managing investigations that involve senior executi...

In this episode of our Cross-Border Catch-Up podcast series, Patty Shapiro (shareholder, San Diego) and Kate Thompson (associate, New York/Boston) kick off an informative three-part series on global workplace investigations. In part one, they discuss how to prepare for an investigation, resolve conflicting legal frameworks, and understand cultural considerations. They also offer insights on assembling the right team, maintaining confidentiality, and complying with data privacy laws.

In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York/London) and Samantha Duncan (Washington) break down the latest wave of social and employment reforms in the United Arab Emirates (UAE). These reforms include relaxed alcohol licensing, a new workweek from Monday to Friday, tighter Emiratisation quotas, and AI-driven compliance enforcement. The speakers explore whether these changes represent genuine modernization or if they represent a strategically crafted a...

In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York/London) and Lina Fernandez (Boston) break down Argentina’s new labor modernization law, Law No. 27,802, which is generating significant debate among employers, unions, and social groups alike. The speakers cover the law’s sweeping reforms, including changes to severance calculations and caps, new rules on working hours and vacation flexibility, the classification of gig platform workers as independent provide...

In this podcast, Karen Tynan (Sacramento) and Kevin Bland (Orange County) discuss serious accident-related citations (SARs) under Cal/OSHA, explaining how these citations require a causal nexus between the alleged violation and a serious injury, and how they differ from standard serious violations. Kevin and Karen, who chairs the firm’s Workplace Safety and Health Practice Group, cover common scenarios involving lockout/tagout procedures, machine guarding, training deficiencies, and heat illness...