Episodes

In this episode of our Defensible Decisions podcast, Scott Kelly (shareholder, Birmingham) and Nonnie Shivers (office managing shareholder, Phoenix) discuss the EEOC’s January 2026 vote to reclaim authority over most enforcement litigation from its Office of General Counsel, reversing decades of delegation. Scott, who is chair of the firm’s Workforce Analytics and Compliance Practice Group, and Nonnie, who is co-chair of the firm’s Diversity, Equity, and Inclusion Compliance Practice Group, anal...

In this episode of our Cross-Border Catch-Up podcast series, Diana Nehro (shareholder, New York/Boston), who is the chair of the Cross-Border Practice Group, and Maya Barba (associate, San Francisco) unpack Denmark’s parental leave model and discuss what employers should know for leave management and workforce planning in Denmark. The speakers explain the phased structure that gives each parent their leave entitlement, including non-transferable weeks that encourage uptake, plus flexible portion...

In part one of this episode of our Defensible Decisions podcast, Scott Kelly (shareholder, Birmingham) sits down with Lauren Hicks (shareholder, Indianapolis/Atlanta) to unpack how AI is actually used across the talent lifecycle—and why “human in the loop” isn’t a compliance shield. The speakers break down what a credible, privileged bias audit entails, how to pair fairness testing with effectiveness validation, and the practical governance steps employers should know to manage a fast-evolving, ...

In this episode of our Defensible Decisions podcast, Scott Kelly (shareholder, Birmingham) sits down with Nonnie Shivers (office managing shareholder, Phoenix) to discuss the implications for employers following EEOC Chair Andrea Lucas’s social media video soliciting discrimination charges from white males. Scott, who is chair of the firm’s Workforce Analytics and Compliance Practice Group, and Nonnie, who is co-chair of the firm’s Diversity, Equity, and Inclusion Compliance Practice Group, delv...

In this episode of our Litigation Lens podcast series, shareholders Michael Nail (Greenville) and Heather Ptasznik (Detroit (Metro)) discuss a recent Sixth Circuit decision affirming a jury verdict for an employee on ADA disability discrimination and retaliation claims based on night blindness. The speakers review how this ruling reinforces that night blindness can qualify as an ADA-protected disability, with practical takeaways for employers on timing, documentation, and recognizing accommodati...

In this episode of our Cross-Border Catch-Up podcast series, Patty Shapiro (shareholder, San Diego) and Goli Rahimi (of counsel, Chicago) discuss India’s significant labor law reform: more than five years after their passage, India finally implemented four consolidated labor codes in November 2025. These codes replace 29 existing labor laws and cover wages, industrial relations, social security, and occupational safety. Our speakers provide an overview of these changes and the implications for e...

In this inaugural episode of Ogletree Deakins’ Defensible Decisions podcast, Scott Kelly (shareholder, Birmingham) sits down with Nonnie Shivers (office managing shareholder, Phoenix) to unpack the EEOC’s renewed emphasis on systemic, pattern-or-practice enforcement in the wake of a restored quorum and recent leadership moves. This shift highlights the agency’s alignment with current administration priorities, moving away from its traditional strategic plan. The discussion covers anticipated lit...

In this episode of our Defensible Decisions podcast, shareholders Scott Kelly (Birmingham) and Chris Near (Columbia) unpack OFCCP’s updated jurisdictional thresholds for Section 503 of the Rehabilitation Act (Section 503) and the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). Effective October 1, 2025, basic coverage thresholds increased to $20,000 under Section 503 and to $200,000 for coverage and Affirmative Action Plans (AAPs) under VEVRAA. The speakers discuss how these inflatio...

In this episode of our Cross-Border Catch-Up podcast series, Goli Rahimi (Chicago) and Kate Thompson (New York, Boston) unpack Singapore’s new Workplace Fairness (Dispute Resolution) Bill to explain how the new grievance and dispute resolution process will work, and what procedural safeguards and employee protections will come into effect. The speakers outline timelines toward an anticipated 2027 effective date, highlight employer defenses, and offer practical steps global employers can take now...

In this episode of our Safety Perspectives From the Dallas Region podcast series, shareholders John Surma (Houston) and Frank Davis (Dallas) break down a new Amarillo federal lawsuit that challenges OSHA’s authority to issue safety standards as an unconstitutional delegation of legislative power. The speakers analyze how the case intersects with recent Supreme Court trends post-Loper Bright, discuss potential outcomes and risks for employers (including reliance on the General Duty Clause), and c...

In this episode of Dirty Steel-Toe Boots, Phillip Russell (shareholder, Tampa) and Lance Witcher (shareholder, St. Louis), discuss how to empower your workforce through developing, training on, and executing effective OSHA inspection protocols. From definitions of rights and responsibilities, to how to handle document requests and employee interviews, Lance and Phillip provide practical insights that will help prepare your safety and operational teams for any OSHA visit.

In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York) and Goli Rahimi (Chicago) discuss major employment law changes in Poland, Belgium, and the Netherlands. Goli and Shirin, both of whom are members of the firm’s Cross-Border Practice Group, highlight a Polish Labor Code provision that significantly impacts how length of service is calculated, thereby affecting an employee’s statutory rights to notice of termination, severance, and paid leave. They also cover ...

Holiday gifts feel generous—but for payroll they’re often taxable. In this episode of Payroll Brass Tax, Mike Mahoney (shareholder, Morristown/New York) and Stephen Kenney (associate, Dallas) break down when gifts, gift cards, and raffle prizes count as wages, and how the de minimis fringe benefit rules really work. The speakers also discuss the mechanics of valuation, timing, withholding, and gross-ups to help employers avoid audit surprises and keep the season compliant.

In part two of this two-part Payroll Brass Tax podcast series, Mike Mahoney (shareholder, Morristown/New York), who is the chair of the Employment Tax Group, and Stephen Kenney (associate, Dallas) continue their conversation about unemployment tax rate notices. The speakers discuss managing claims to protect employers’ rates and different strategies like voluntary contributions, with special guidance for M&A, nonprofits, seasonal industries, and multistate employers.

n this podcast recorded at our 2025 Corporate Labor and Employment Counsel Exclusive® seminar, Tiffany Stacy (office managing shareholder, San Antonio) and Lisa Burton (office managing shareholder, Boston, Portland, ME) explore the complexities of conducting investigations of highly sensitive issues. Lisa and Tiffany offer insights and tips for handling claims involving sexual harassment, alleged incidents of sexual assault or similar misconduct, and cases with potentially aggravating circumstan...

In part one of this two-part Payroll Brass Tax podcast series, Mike Mahoney (shareholder, Morristown/New York), who is the chair of the Employment Tax Group, is joined by Stephen Kenney (associate, Dallas) to demystify unemployment tax rate notices—the one piece of mail that can swing your payroll costs by thousands or even millions. The speakers unpack how rates are calculated, what to check the moment a notice arrives, as well as when and how to appeal.

In this episode of our Cross-Border Catch-Up podcast series, Shirin Aboujawde (New York) and Patty Shapiro (San Diego) discuss Spain’s new Royal Decree 1155/2024, which clarifies when non-European Union (EU) nationals holding a valid work permit in another EU member state can perform short-term, project-based work in Spain without securing a separate Spanish permit. The speakers explain the criteria for posted workers, outline the visa and residence requirements for assignments lasting up to 180...

In this episode of our Cross-Border Catch-Up podcast series, Patty Shapiro (shareholder, San Diego) and Shirin Aboujawde (of counsel, New York) discuss the complexities of conducting background checks from an international employment law perspective. The speakers review the varying regulations and practices across different jurisdictions, including limitations on criminal background checks, the nuances of employment references, and the permissibility of drug testing and medical exams.

In this episode of our Cross-Border Catch-Up podcast series, Lina Fernandez (Boston) joins Julie Brooks (New York) to discuss Italy’s fast-evolving rules on fixed-term contracts, from the 12- and 24-month thresholds to the new grounds introduced by Law 85/2023. The speakers also explain caps on headcount, fresh prohibitions, heightened damages exposure and the practical steps multinationals must take now to avoid unintended conversions to open-ended employment.

In this podcast recorded at our recent Corporate Labor and Employment Counsel Exclusive® seminar, Nonnie Shivers (office managing shareholder, Phoenix) and Scott Kelly (shareholder, Birmingham) discuss the rapidly changing and increasingly complex legal landscape surrounding diversity, equity, and inclusion (DEI) initiatives, focusing on recent enforcement trends and guidance from the EEOC and Department of Justice. Scott, who is chair of the firm’s Workforce Analytics and Compliance Practice Gr...

In this podcast recorded at our recent Corporate Labor and Employment Counsel Exclusive® seminar, Tae Phillips (shareholder, Birmingham), Jim Paul (shareholder, St. Louis/Tampa), and Scott Kelly (shareholder, Birmingham) continue their discussion of the EEOC’s evolving enforcement priorities—with a particular focus on gender identity issues. Scott (who chairs the firm’s Workforce Analytics and Compliance Practice Group) analyzes recent executive orders, legal challenges, and the impact of Suprem...

In this podcast recorded at our recent Corporate Labor and Employment Counsel Exclusive® seminar, Tae Phillips (shareholder, Birmingham), Jim Paul (shareholder, St. Louis/Tampa), and Scott Kelly (shareholder, Birmingham) continue their discussion of the EEOC’s evolving enforcement priorities—this time focusing on disability discrimination. Jim (who is co-chair of the firm’s Disability Access Practice Group) highlights a lack of new federal initiatives on disability access, a reduction in federal...

In this episode of our Cross-Border Catch-Up podcast series, Goli Rahimi (Chicago) and Tatjana Serbina (Berlin) break down Germany’s evolving requirements for recording employee working hours. The speakers discuss the 2019 European Court of Justice ruling mandating all EU member states to require employers to establish an objective system of recording employee working hours under the working time directive and how Germany has since implemented this decision in its own laws. The speakers provide ...

In this podcast recorded at our recent Corporate Labor and Employment Counsel Exclusive® seminar, Tae Phillips (shareholder, Birmingham), Jim Paul (shareholder, St. Louis/Tampa), and Scott Kelly (shareholder, Birmingham) continue their discussion of the EEOC’s evolving enforcement priorities—this time addressing religious discrimination, harassment, and accommodations in the workplace. Jim (who is co-chair of the firm’s Disability Access Practice Group) examines recent trends, including the rise...