Today's episode is the first of two parts wrapping up the big developments and trends coming out of the Summer of 2023. In this Part 1, we discuss the United States Department of Labor's proposed new overtime exemption rule: what it says, what it does not say, and when it might be effective.
Download Podcast »VII-134-Panel Discussion on Supreme Court's Affirmative Action Ruling and the Impact on Employer DEI Programs
I am joined by a panel that includes EEOC Commissioner Andrea Lucas and Cozen O'Connor Labor & Employment Attorneys Debra Friedman and Alan Pittler to discuss the Supreme Court's June 29, 2023 decision on affirmative action, and the implications on educational institutions AND private employer programs promoting diversity, equity, and inclusion.
Download Podcast »VII-133 - Hot Summer Employment Law Developments
Today's episode looks at the hot employment law developments of the Summer of 2023, including the Supreme Court impacting diversity, equity, and inclusion programs and the "undue hardship" defense for religious accommodation requests; the new federal Pregnant Workers Fairness Act; new rules on independent contractor and overtime exemption classifications; and the first regulation of AI hiring tools.
Download Podcast »VII-132 - An Interview With NLRB GC Jennifer Abruzzo on Non-Compete Agreements
On today's episode, NLRB General Counsel Abruzzo talks directly about the new Memorandum she issued this week and why she believes that the proffer, maintenance, and enforcement of non-compete agreements violate the National Labor Relations Act.
Download Podcast »VII-131 - Roundtable Discussion (Multi-Practice) of A.I. and Generative A.I. for Employers
Today's episode features a roundtable discussion on Artificial Intelligence and Generative A.I. from multiple perspectives that employers should be thinking about: labor and employment, corporate and privacy, intellectual property, and regulatory.
Download Podcast »VII-130- An interview With EEOC Commissioner (Vice Chair) Jocelyn Samuels
In today's new episode, I am joined by current EEOC Commissioner and Vice Chair Jocelyn Samuels to get some insight on a wide-range of topics, including public perception of the EEOC; the likely impact of pending Supreme Court decisions on religious accommodation and diversity/equity/inclusion initiatives; the new federal pregnancy accommodation rules; Covid-19 cases; and the recent federal agency partnership to combat retaliation.
Download Podcast »VII-129 - Part 2 of 2: A.I. In The Workplace (An Interview w/ Economist Christine Polek, PhD)
On today's new episode (Part 2 of a two-part A.I. series), I am joined by economist Christine Polek, PhD from The Brattle Group to discuss Artificial Intelligence and how employers can use statistical and qualitative analyses to determine if their A.I. tools unintentionally violate anti-discrimination laws.
Download Podcast »VII-128 - Part 1 of 2: A.I. in the Workplace (An Interview w/ EEOC Commissioner Sonderling)
Today's episode is Part 1 of 2 addressing the use of Artificial Intelligence ("A.I.") in employment-related decisions. Joining me today is current EEOC Commissioner Keith Sonderling to discuss the intersection of A.I. and EEO laws, as well as how the EEOC has been addressing these important issues.
Download Podcast »VII-127-Interview with NLRB General Counsel Abruzzo on Invalidating Severance Agreement Provisions
Today I am joined by NLRB General Counsel Jennifer Abruzzo to discuss the Board's February 21, 2023 decision in McLaren Macomb invalidating certain confidentiality and non-disparagement clauses in severance agreements, the retroactive and prospective impact of the decision, and whether any other severance agreement provisions may be questioned in the future.
Download Podcast »VII-126 - Invalidating Severance Agreements (and Other Important Developments)
Today's episode analyzes the NLRB's decision to invalidate standard clauses in severance agreements, a Supreme Court decision providing overtime to a highly compensated employee, guidance on remote work and the FLSA/FMLA requirements, and the trend toward a 4-day workweek.
Download Podcast »VII-125 - Special Anniversary Episode: The State of Politics and the Impact on Employers
In today's special episode, I again bring back my inaugural guest from February 1, 2017 (Howard Schweitzer, Cozen O'Connor) to talk about the state of politics and the impact on employers, as well as some prognostication about 2023 and beyond.
Download Podcast »VII-124 - Top 10 (Other) L&E Issues to Think About in 2023
In this second of two parts to start the new year, I address the ten issues that employers should be thinking about in 2023.
Download Podcast »VII-123 - A Complete Ban on All Non-Competes?
Today's episode looks at the proposed New Year's rule issued by the FTC that would ban all non-compete agreements between employers and employees, what the next steps and likely challenges to the rule may be, and what it all means for employers.
Download Podcast »VI-122 - Interviews With EEOC, NLRB, OSHA
In today's episode, I interview EEOC Commissioner Andrea Lucas, NLRB General Counsel Jennifer Abruzzo, and OSHA Assistant Secretary Douglas Parker about today's hot topics and agency initiatives.
Download Podcast »VI-121 - Top 5 Fall Things You Need To Know
Today's new episode looks at the five developments you need to know now, including the new proposed independent contractor rule, the EEOC's new required poster, NLRB efforts to monitor your monitoring, salary transparency rules, and election day activities.
Download Podcast »I-15 – Turning the Table: An Interview with the Podcast Host on Protected Employee Activity
This episode replays an interview of the podcast host, Mike Schmidt, that was originally aired on SiriusXM Channel 111, The
Continue reading »I-14: Update on EEO-1 and I-9 Forms, Employer Obligations After a Hurricane or Other Natural Disaster, and Attorney Jason Barsanti on Meal and Rest Breaks
This episode provides an update on required EEO-1 and I-9 Forms, and addresses Employer Obligations to Employees After a Hurricane
Continue reading »I-13 – Policies, Policies, Policies, and Microchips Embedded in Employees
This episode addresses recent trends and noteworthy developments on certain employment policies related to political activity, confidential customer information, FMLA
Continue reading »I-12: Update on the DOL’s New OT Rules, and Part 2 of My Interview with Former EEOC General Counsel David Lopez
This episode provides an update on the DOL’s significant Request for Information on next steps for the OT exemption rules,
Continue reading »I-11 – Part 1 of 2: My Sit-Down Interview With Former EEOC General Counsel David Lopez
This episode presents the first of two parts of a timely and topical interview with former EEOC General Counsel David
Continue reading »I-10- Independent Contractors, Age Discrimination, Performance Reviews, Web Site Accessibility, and Ducks, TIEs and Chimps
This episode addresses independent contractor misclassification, performance reviews affecting age discrimination cases, and a novel case on web site accessibility.
Continue reading »Episode I-9: Hiring Bias Claims, Predictive Scheduling Update, and Artificial Intelligence in the HR World – Featuring Special Guest Dennis Kennedy
This episode discusses the recent uptick in hiring bias claims, provides an update on predictive scheduling legislation, and answers questions
Continue reading »Noteworthy Harassment and Disability Cases, and Will Certain Current Employment Law Principles Stay or Go
This episode provides an update on the newly-appointed chairman of the NLRB, addresses noteworthy decisions and the appropriate corporate mindset
Continue reading »Update on DOL Confirmation and OSHA’s Impact on Workplace Issues
This episode provides an update on Senate confirmation of the new head of the US Department of Labor, and features
Continue reading »ELN’s One-On-One Sit-Down Interview With NLRB General Counsel Richard Griffin
This special episode presents an interview with current NLRB General Counsel Richard Griffin, who answers questions about employer perception of
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