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 »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-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
Continue reading »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
Continue reading »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
Continue reading »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
Continue reading »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
Continue reading »VII-124 – Top 10 (Other) Labor and Employment 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
Continue reading »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
Continue reading »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
Continue reading »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,
Continue reading »VI-120 – Joint Employer Ping Pong
This episode discusses the NLRB’s proposed new September 2022 joint employer test in the context of the historical shifting political
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