In today's episode, current EEOC Commissioner Andrea Lucas discusses whether the Supreme Court's recent DEI ruling has changed the landscape for Title VII claims, as well as the 11 best practices that employers should consider with their DEI initiatives.
Download Podcast »VIII-140 - 7th Anniversary Episode: The Current State of Politics for Employers
In today's special 7th anniversary episode, I bring back my inaugural and annual guest, Howard Schweitzer, to discuss the current state of politics in this election year and the impact on employers.
Download Podcast »VII-139 - An Interview With an Employee-Side Attorney on L&E Issues
Today I am joined by Hope Pordy, Esq., a Partner with the law firm of Spivak Lipton in New York, who represents employees and unions in a wide range of labor and employment matters. Hope provides insight on the "employee side" of issues ranging from confidentiality, arbitration, and separation agreements to wage transparency, remote work, and social media activity. Hope also discloses what she looks for when deciding whether to take a case on behalf of a client against an employer.
Download Podcast »VII-138 - An Interview With the DOL, EEOC, and NLRB
In today's new episode, I interview high-level officials from the United States Department of Labor (Solicitor of Labor Seema Nanda), the United States EEOC (Commissioner Andrea Lucas), and the NLRB (General Counsel Jennifer Abruzzo) to discuss what employers can expect from their respective agencies as we close out 2023 and get ready for 2024.
Download Podcast »VII-137 - Training Managers to Manage and Avoiding The Peter Principle
In today's episode, I discuss the danger in managing to The Peter Principle, and the Top 5 issues every employer should consider including in manager training.
Download Podcast »VII-136 - Summer 2023 Wrap-Up Part 2
In this second of two parts to wrap up the Summer of 2023, I discuss the EEOC's extensive new harassment guidance and proposed regulations to implement the Pregnant Workers Fairness Act, federal AI legislation, an interesting development in the law on retaliation, and the NLRB's new/old rule on workplace policies.
Download Podcast »VII-135-Summer 2023 Wrap-Up Part 1 (NEW DOL OVERTIME RULE)
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 »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
Continue reading »DC Update, Punctuation and Overtime Claims, and Social Media and Legal Activities Laws – Featuring Two Corporate HR Professionals Discussing Issues That Keep Them Up At Night
This episode provides an update on DC issues, and addresses how punctuation affects overtime claims, as well as the latest
Continue reading »Internal Whistleblowers, Predictive Schedules and “Clopenings”, and FMLA Abuse
This episode addresses noteworthy decisions concerning internal whistleblowers and employee FMLA abuse, as well as a significant nationwide trend involving
Continue reading »Trump Cabinet Update, Joint Employment Standards, and New Restrictive Covenant Concerns – Featuring Immigration Law Attorney Scott Bettridge
This episode provides an update on President Trump’s DOL cabinet appointment, and addresses a new joint employer test and potentially
Continue reading »Applicant Salary Inquiries, DOL / SCOTUS Nominees and Cybersecurity Concerns – Featuring FBI Special Agent Austin Berglas
This episode addresses the recent trend on regulating applicant salary inquiries, and noteworthy developments with the DOL and Supreme Court
Continue reading »