Today I am joined by Jason Marsili of Marsili Mediation to discuss the often over-looked art and skill involved with mediation, and the important considerations for employers when determining whether, when, and why to mediate a dispute.
Download Podcast »VIII-155 - The Trump 2.0 Impact on Labor and Employment Law
For this Thanksgiving week episode, I am joined by several of my Cozen O'Connor colleagues to discuss the likely impact of President Trump's second administration on such L&E issues as federal agency regulation and initiatives generally (David Barron), the NLRB and union activity (Kelly Kindig), Immigration (David Adams), Artificial Intelligence (Jeff Klamut), and OSHA and workplace safety (John Ho).
Download Podcast »VIII-154 - Court Invalidates DOL's 2024 Overtime Salary Threshold Increases
This past Friday, November 15, 2024, a federal court in Texas struck down on a nationwide basis the U.S. Department of Labor's 2024 regulations that significantly increased the minimum salary thresholds for federal law overtime exempt status. Today's episode discusses the court's rationale and what is next for employers in light of Friday's decision.
Download Podcast »VIII-153 - NLRB General Counsel on Illegal "Stay or Pay" Employee Agreements
NLRB General Counsel Jennifer Abruzzo joins me today to discuss her latest memorandum finding that "stay or pay" provisions in employee agreements constitute illegal noncompetes under the National Labor Relations Act.
Download Podcast »VIII-152 - Part 2 of 2 on the Pregnant Workers Fairness Act (Attorney Interview)
In this second of my two-part series on the federal Pregnant Workers Fairness Act (PWFA), I am joined by my Cozen O'Connor colleague, Debbie Friedman, to discuss the scope of the PWFA from a practicing attorney's viewpoint and how employers should address common situations under that law.
Download Podcast »VIII-151 - EEOC Commissioner Interview: Part 1 of 2 on the Pregnant Workers Fairness Act
In this first of two parts on the federal Pregnant Workers Fairness Act (PWFA), current Vice Chair of the EEOC Jocelyn Samuels discusses the regulations implementing the PWFA and how the PWFA differs from Title VII and the ADA, the common themes in the EEOC charges filed alleging violations of the PWFA, and some practical tips for employers to comply with the PWFA.
Download Podcast »VIII-150 - The FTC Noncompete Rule is Dead: What Now?
In this special 150th podcast episode, I am joined by my Cozen O'Connor colleagues David Barron and Jim Gale to discuss what is left of the FTC noncompete rule, if anything, and what employers should be doing next with the rule in the rearview mirror.
Download Podcast »VIII-149 - Part 2 of 2: The Final Interview With EEOC Commissioner Keith Sonderling
Today is Part 2 of 2, following yesterday's episode. As his term as EEOC Commissioner ended at the end of August 2024, (former) EEOC Commissioner Keith Sonderling joined the podcast one last time to discuss a wide range of important employment issues, including court deference to federal agencies, the use of agency opinion letters, continued initiatives with Covid-19 and return-to-work issues, the current state of artificial intelligence regulation, and what the future EEOC priorities will look like.
Download Podcast »VIII-148- Part 1 of 2: The Final Interview With EEOC Commissioner Keith Sonderling
As his term as EEOC Commissioner ended at the end of August 2024, (former) EEOC Commissioner Keith Sonderling joined the podcast one last time to discuss a wide range of important employment issues, including court deference to federal agencies, the use of agency opinion letters, continued initiatives with Covid-19 and return-to-work issues, the current state of artificial intelligence regulation, and what the future EEOC priorities will likely look like.
Download Podcast »VIII-147- All For Naught: FTC Noncompete Rule Struck Down
Just this afternoon (and 10 days earlier than expected), the federal judge in Texas struck down the FTC's non-compete rule and prohibited the FTC from enforcing its non-compete rule nationwide. In this new episode, I talk about what the court did and what it means now for non-compete agreements.
Download Podcast »VIII-146 - Latest Update on FTC Noncompete Ban Plus 3 Summer Reminders for Employers
This episode provides the latest update on the FTC noncompete ban scheduled to go into effect on September 4, 2024, the likelihood that it will go into effect, and what employers should be doing about it right now, plus three other employment law reminders that employers should remember.
Download Podcast »VIII-145 - Status Update: Injunctions for FTC Noncompete Ban and DOL Overtime Exemption Regs
Where are things right now with the injunction decisions on the FTC's noncompete ban and the DOL's new overtime exemption regulations? Today's new episode provides the latest updates, while also discussing the Supreme Court's end-of-term decision with significant ramifications, and what employers should be thinking about right now.
Download Podcast »VIII-144 - Current AI Regulatory Landscape and Employer Best Practices
I am joined by my Cozen colleague, Jeff Klamut, to summarize the current regulatory landscape involving artificial intelligence and what employers should be thinking about right now.
Download Podcast »VIII-143 - Federal Agency Update (Part 2 of 2)
In this second part of a two-part series, I discuss the FTC's new ban on non-competes from yesterday, the DOL's new overtime exemption rule from yesterday, and OSHA's recently-released "walkaround rule." Hear what has just happened and what it means for employers.
Download Podcast »VIII-142 - Federal Agency Update (Part 1 of 2)
In this first part of a two-part series, I discuss significant recent employment law developments coming out of the primary federal agencies: The U.S. Department of Labor, the EEOC, the FTC, and OSHA. Hear what has just happened and what it means for employers.
Download Podcast »I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class
This episode discusses kneeling in the NFL/workplace, indefinite leave entitlement, and sufficient consideration for non-competes, provides an update from DC
Continue reading »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
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