This episode offers the top 10 new employment laws coming out of New York in the first half of 2019. It is significant for New York employers AND for those employers wondering what trends will be reaching their other...more
7/29/2019
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Breastfeeding ,
Drug Testing ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Equal Pay ,
Hiring & Firing ,
Hostile Environment ,
Human Rights ,
Lactation Accommodation ,
Local Ordinance ,
Mayor de Blasio ,
New Legislation ,
Sexual Harassment ,
State Labor Laws ,
Wage and Hour
In today's Part 2 of 2 of my back-from-summer-hiatus series, I am joined by L&E attorney Sarah Kelly to discuss the critical, new EEO-1, Component 2 information that many employers MUST provide by September 30, 2019....more
We begin the second half of 2019 with the 1st of 2 parts on significant employment law trends and cases, including new DOL opinion letters, obesity as a disability, and natural hairstyle as a protected class....more
Today's episode discusses FIVE new opinion letters and proposed rules issued by the United States Department of Labor that offer much-needed help to the employment community on issues of significance....more
4/25/2019
/ Bonuses ,
Comment Period ,
Community Service ,
Department of Labor (DOL) ,
Exemptions ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Joint Employers ,
NLRB ,
Opinion Letter ,
Paid Time Off (PTO) ,
Proposed Rules ,
Rate of Pay ,
Voluntary Participation ,
Wage and Hour ,
White-Collar Exemptions
In today's new episode, experts from the Retail Industry Leaders Association and ManpowerGroup Solutions discuss how today's climate of employment regulations (including the new overtime rule, predictive scheduling, and gig...more
3/25/2019
/ Brick-and-Mortar Stores ,
E-Commerce ,
Employee Benefits ,
Employee Retention ,
Hiring & Firing ,
Job Applicants ,
Online Distribution ,
Recruitment Incentives ,
Recruitment Policies ,
Retailers ,
Wage and Hour ,
Work Schedules
This episode outlines the key components of the U.S. Department of Labor’s new proposed overtime rule. Also, antitrust attorney David Reichenberg joins to discuss the antitrust issues that cannot be ignored when looking at...more
3/18/2019
/ Anti-Competitive ,
Antitrust Provisions ,
Antitrust Violations ,
Criminal Liability ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Exempt-Employees ,
Hiring & Firing ,
Minimum Salary ,
No-Poaching ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Over-Time ,
Proposed Rules ,
Public Comment ,
Wage and Hour ,
White-Collar Exemptions
This episode looks at recent employment law developments that may make you go “hmmm”: a 4-day workweek, outright bans on mandatory arbitration and office gossip, hairstyle as a protected characteristic, and an update on the...more
3/1/2019
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Arbitration ,
Class Action Arbitration Waivers ,
Confidentiality Agreements ,
Dress Codes ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Federal Labor Laws ,
Hostile Environment ,
Mandatory Arbitration ,
New Rules ,
Over-Time ,
Paid Leave ,
State Labor Laws ,
Wage and Hour ,
Work Schedules
This special Valentine’s Day episode discusses the pros and cons of employers entering into love contracts with its employees....more
2/14/2019
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Anti-Retaliation Provisions ,
Best Management Practices ,
Co-Workers ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Love Contracts ,
Risk Mitigation ,
Sexual Harassment ,
Supervisors ,
Workplace Romances
For our special 2nd anniversary episode, we bring back our inaugural guest, Howard Schweitzer, to talk about the current state of politics and the impact on employers. We also discuss how the EEOC has chosen to answer...more
2/8/2019
/ Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Government Shutdown ,
Immigration Reform ,
Labor Reform ,
Labor Relations ,
Legislative Agendas ,
Political Parties ,
Regulatory Oversight ,
Tax Reform ,
Trump Administration ,
USCIS
This episode presents Part 2 of 2 on workplace issues when employees use marijuana, and also discusses two significant developments from the NLRB involving independent contractors and individual employee gripes....more
1/31/2019
/ Americans with Disabilities Act (ADA) ,
Decriminalization of Marijuana ,
Delivery Drivers ,
Drug Possession ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
Entrepreneurs ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Independent Contractors ,
Marijuana ,
Medical Marijuana ,
Misclassification ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Reasonable Accommodation ,
Right to Control
Welcome back! In this first new episode of 2019, we talk about ghosting, the most hated and irritating workplace e-mails, our Top 5 noteworthy cases you missed at the end of the year, and our Top 10 employer trends and...more
This special episode discusses the new sexual harassment training and policy requirements imposed by New York State and New York City (following a brief discussion of a significant development on joint employer liability)....more
9/26/2018
/ #MeToo ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Confidentiality Agreements ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Joint Liability ,
New Rules ,
NLRA ,
NLRB ,
Non-Disclosure Agreement ,
Popular ,
Settlement Agreements ,
Sexual Harassment ,
State Labor Laws ,
Title VII
We're back! This brand new episode addresses the 10 developments you may have missed from this past summer of 2018, including employees secretly recording the workplace, new non-compete legislation, the unstoppable #MeToo...more
9/11/2018
/ #MeToo ,
Administrative Law Judge (ALJ) ,
Americans with Disabilities Act (ADA) ,
Department of Labor (DOL) ,
Disability Discrimination ,
Employee Handbooks ,
Employee Rights ,
Employee Training ,
Employer Liability Issues ,
Employment Contract ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
New Legislation ,
NLRB ,
Non-Compete Agreements ,
Opinion Letter ,
Paid Time Off (PTO) ,
Protected Concerted Activity ,
Restrictive Covenants ,
Sexual Harassment ,
Social Media Policy ,
State Labor Laws ,
Video Recordings ,
Wage and Hour
As Memorial Day approaches to usher in the unofficial start of the hot summer season, today's new episode analyzes two red-hot issues: This week's Supreme Court decision on class action waivers, and the staggering rise of web...more
This episode begins a two-part bonus series looking at the impact of recent marijuana regulation on employers. Today’s part one episode features a roundtable discussion on the policies and politics of cannabis....more
This episode flashes back to 1980's 9 to 5 workplace, and then goes back to the future to compare today's workplace of emoji harassment, a new game-changing overtime exemption rule, the 1st ever employer antitrust complaint...more
4/17/2018
/ Attorney General ,
Burden of Proof ,
Car Dealerships ,
Competition ,
Cybersecurity ,
Data Breach ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Emoji ,
Emotional Distress Damages ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Labor Law Violations ,
Memorandum of Guidance ,
Navarro v Encino Motorcars ,
No-Poaching ,
Non-Compete Agreements ,
Over-Time ,
Payroll Audit Independent Determination program (PAID) ,
SCOTUS ,
Service Advisors ,
Sexual Harassment ,
State Data Breach Notification Statutes ,
State Labor Laws ,
Statutory Construction Test ,
Voluntary Self-Audit ,
Wage and Hour ,
Workplace Communication ,
Workplace Harassment Guidance
Wage and hour issues continue to keep employers up at night, with new lawsuits and potential exposure not diminishing any time soon. Today’s episode tackles three important questions in this area: the meaning and potential...more
4/6/2018
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Fluctuating Workweek ,
Hospitality Industry ,
Liquidated Damages ,
Minimum Wage ,
New Rules ,
Non-Exempt Employees ,
Over-Time ,
Restaurant Industry ,
Tip Credit ,
Tip-Pooling ,
Trump Administration ,
Voluntary Self-Audit ,
Wage and Hour ,
White-Collar Exemptions
This episode welcomes the start of Spring by addressing hot labor and employment developments on e-mail curfews, the DOL’s new voluntary self-audit program, social media discovery in lawsuits, employees losing their...more
Is your company thinking about your summer (and other) internship program? This episode presents an interview that Mike just gave on the Sirius XM Wharton Business Channel to discuss the United States Department of Labor’s...more
Happy Anniversary! This podcast started one year ago today on February 1, 2017 with Howard Schweitzer prognosticating about what employers can expect with a new President Trump Administration. One year to the day, Howard...more
2/1/2018
/ Class Action Arbitration Waivers ,
Confidentiality Agreements ,
Corporate Taxes ,
Department of Labor (DOL) ,
Franchisee ,
Franchises ,
Immigration Reform ,
Infrastructure ,
Job Duties ,
Joint Employers ,
Minimum Wage ,
NLRB ,
Over-Time ,
Salary/Wage History ,
State and Local Government ,
Tax Reform ,
Trump Administration
Is the Superbowl creeping into your workplace this week? Does Washington’s new tax reform impact how you settle sexual harassment cases? Can you actually go to jail for signing a restrictive covenant? Is there a new kind of...more
1/29/2018
/ Confidentiality Agreements ,
Effective Date ,
Employment Policies ,
Football ,
National Origin Discrimination ,
No-Poaching ,
Obama Administration ,
Release Agreements ,
Religious Discrimination ,
Restrictive Covenants ,
Separation Agreement ,
Settlement Agreements ,
Severance Agreements ,
Sexual Abuse ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Social Media Policy ,
Sports Gambling ,
Tax Deductions ,
Tax Reform ,
Title VII
From federal agency changes to anticipated developments in sexual harassment, paid leave, overtime, and marijuana use, this episode of Employment Law Now provides ten issues that employers should resolve to understand in the...more
1/8/2018
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Arbitration ,
Class Action Arbitration Waivers ,
Confidentiality Agreements ,
Cybersecurity ,
Department of Labor (DOL) ,
Drug Testing ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Family and Medical Leave Act (FMLA) ,
FMLA Abuse ,
Freedom of Religion ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Internal Audit Functions ,
IRS ,
Marijuana ,
Maternity Leave ,
NLRB ,
Over-Time ,
Paid Leave ,
Paternity Leave ,
Primary Beneficiary Test ,
Protected Class ,
Salary/Wage History ,
SCOTUS ,
Sexual Harassment ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Tax Reform ,
Transgender
“It’s the Relationships, Stupid.” This final episode of 2017 looks back at the topics and guests from volume 1 of the podcast, and somehow ties former President Bill Clinton to today’s operative premise in employer/employee...more
Thought 2017 would end quietly? The month of December has seen several stunning decisions by the NLRB which impact Obama-era precedent, and which will impact employers and employees going forward in 2018. Joining this episode...more
12/22/2017
/ Boeing ,
Browning-Ferris Industries of California Inc. ,
Employee Handbooks ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Joint Employers ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Obama Administration ,
Policy Memorandums ,
Unions ,
Workplace Harassment Guidance
From tax and health care reform to employee wellness programs to even handheld electronic devices, why should your company be interested in today's hot benefits issues? In today's episode of Employment Law Now, a roundtable...more
12/12/2017
/ 401k ,
Cybersecurity ,
Department of Labor (DOL) ,
Elder Care ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employee Tracking ,
Employer Liability Issues ,
Fees ,
Fiduciary Rule ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Health Savings Accounts ,
Human Resources Professionals ,
Pensions ,
Retirement Plan ,
Wellness Programs