Claim OwnershipThe Practical Employment Law Podcast
Subscribed: 6Played: 33
Subscribe
© 2024 The Practical Employment Law Podcast
Description
A podcast covering all aspects of labor and employment law in the United States. Attorney Mark Chumley provides practical insights into the challenges facing businesses today.
64 Episodes
Reverse
In this, the final episode of The Practical Employment Law Podcast, I will give you my three overarching rules of employment law:1. No Good Deed Goes Unpunished;2. If It's Not In Writing, It Didn't Happen; and3. Be Nice.Thanks to everyone for listening and stay tuned for a new podcast - coming soon.Intro Music by ComaStudio via PixabayOutro Music by Vivaleum via Pixabay
Terminating an employee is often a long process involving warnings and documentation of performance issues. However, there are several scenarios that may call for immediate termination of employment. Employers often view these scenarios as safe from an employment law perspective but there can be hidden risks. In this episode, seven scenarios that often lead to immediate termination will be considered, including:Workplace Violence or Threats of Violence;Unprofessional or Inap...
In this new podcast episode, recent cases and news from the world of Labor & Employment Law will be discussed, including: The Pregnant Workers Fairness Act – A Texas court has enjoined enforcement of the PWFA against the state of Texas. What does this mean for employers? COVID-19 Vaccine Cases – Two recent cases - Gibbons v. Disney and Kennedy v. PEI-Genesis - consider former employees' claims against their employers arising from vaccine mandates and employer policies rela...
Many employees today use a phone in connection with their work. Some employers provide employees with phones and others allow or require their employees to use a personal phone. In either case, employee phone use creates a host of potential issues for employers. In this episode, 5 issues related to employee phone use will be considered. Issue 1: Safety; Issue 2: Trade Secrets; Issue 3: Evidence Preservation; Issue 4: Wage and Hour Issues; Issue 5: ...
In this new podcast episode, recent cases and news from the world of Labor & Employment Law will be discussed, including: SpaceX v. NLRB – The NLRB issued a complaint against SpaceX and in response, SpaceX filed its own lawsuit claiming that the entire structure of the NLRB is unconstitutional. This could get interesting. Johnson v. Federal Information Systems, Inc. – In this case, an employee was discharged after making a complaint of discrimination, which sounds like a classic...
It is a new year and there is a lot going on in the world of employment law. This episode will cover seven (7) issues to keep an eye on in 2024, including:The Future of Federal Agencies;Non-Compete Agreements;The Joint Employer Rule;The Future of the Tip Credit;The DEI Backlash;Challenges to the Gig Economy;Artificial Intelligence.Listen in and find out what to watch for in the employment law world in 2024.Comments or questions: Contact Mark Chumley at mchumley@kmklaw.com or visit www.k...
In this holiday episode, we take a look back at the biggest employment law issues covered on the podcast in the past year and consider whether employers have been naughty or nice. Issues include:The NLRB's ruling on confidentiality and non-disparagement clauses in severance agreements;Non-compete agreements;The PWFA and PUMP Act;Pay Transparency Laws;Artificial Intelligence; and Legalized Marijuana.Listen in and find out whether your business has been [employment law] naughty or ni...
With the passage of Issue 2, Ohio becomes the 24th state to legalize the recreational use of marijuana. An even larger number of states have legalized medical marijuana use. What does this mean for employers in Ohio and in other states that have legalized marijuana on some level. How do these laws impact employers' efforts to maintain a drug-free workplace?Listen in and find out how your business can avoid issues with drugs in the workplace.Comments or questions: Contact Mar...
An evergreen issue in employment law is the office romance. It presents a minefield for employers. In this episode, 5 points about handling office romances will be considered:Point Number 1: A consensual office romance is not illegal.Point Number 2: Workplace relationships often lead to other issues.Point Number 3: Employers may ban or curtail workplace relationships (usually).Point Number 4: Policies are important.Point Number 5: Love Contracts and Breakup Plans.Listen in and fin...
Two new laws have gone into effect in 2023 that require many employers to change their approaches to pregnant and nursing workers. The Pregnant Workers Fairness Act (PWFA) went into effect in June and requires covered employers to provide reasonable accommodations to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.” The Providing Urgent Protections for Nursing Mothers ...
In general, a whistleblower is someone who reports illegal, immoral or unethical behavior that is going on inside an organization. The reason why we in the employment law world care about this is because there are a great many laws that protect employees who “blow the whistle” on their employers. This episode will cover the basics of how whistleblower claims work, what drives whistleblower claims and litigation, and takeaways for employers.Listen in and find out how your business ...
1The Family Medical Leave Act (FMLA) continues to present difficult compliance issues for employers. In this episode, four FMLA traps that may ensnare unwary employers are discussed, including:1. FMLA Coverage Trap(s);2. The Termination Upon Return From Leave Trap;3. The Indefinite Intermittent Leave Trap; and4. The Futile Leave Request Trap.Listen in and find out how your business can avoid these traps.Documents referenced in this episode:DOL Opinion Letter (FMLA2023-1...
In Groff v. DeJoy, decided today (June 29, 2023), the U.S. Supreme Court clarified the standard for employers to determine what constitutes an undue burden that would permit an employer to reject an employee’s request for a religious accommodation. In doing so, the Court reconsidered the long standing de minimis standard and discussed the impact of the burden of an accommodation on an employee's co-workers.Listen in and find out how the Supreme Court ruled on these issues.Read about it ...
Most people have read about artificial intelligence in the media and many have tried out programs like ChatGPT. Some have even used such programs at school or at work. This raises a question of what employment law issues are implicated by the use of AI. To find out, I asked ChatGPT the following question: “What employment law issues are raised by use of artificial intelligence programs?” ChatGPT dutifully produced a list of seven (7) issues, which I will comment on in ...
If you follow the news, you are probably aware that non-compete agreements are under attack on several levels. This episode will consider three primary sources of these attacks on non-compete agreements:1. The Federal Trade Commission (FTC) Proposed Rule banning non-compete agreements;2. The NLRB General Counsel Memorandum GC 23-08 (May 30, 2023) indicating that non-compete agreements may violate section 7 of the National Labor Relations Act; and3. State laws ban...
There are several common misperceptions about employment law that seem to persist over time - employment law myths if you will. In this episode, 5 common employment law myths are exploded.Myth #1 - You can protect your business from a lawsuit by not telling the employee the reason for termination.Myth #2 - Forcing an employee to resign is better than a termination.Myth #3 - The employer and/or the employee can decide on whether the employee is paid on an hourly or salary ba...
Like everything else, employment law and employment litigation is driven by economics. Matters such as the cost of having dedicated human resources professionals and how attorneys are paid by plaintiffs and defendants can all have a significant role in employment litigation and litigation avoidance. There is also the question of whether employers should buy Employment Practices Liability Insurance (EPLI) to protect themselves against potential losses. These topics and more w...
Workplace violence is in the news again. It is a difficult and frightening problem that implicates several aspects of employment law. This episode covers several thoughts on the issue of workplace violence and considers steps employers may take to lessen the risk of an incident, particularly in the context of employee terminations.Listen in to find out how your business can avoid issues with workplace violence.Comments or questions: Contact Mark Chumley at mchumley@kmklaw.co...
A recent trend in labor and employment law has been the passage of pay transparency laws. These are laws that require employers to either disclose salary ranges for posted jobs to applicants who request the information or in some cases, to all applicants in the actual job posting. At present, there are eight states and a handful of municipalities that have passed these laws but a lot more have pending legislation so I would expect to see more laws passed in the next couple of yea...
In this new podcast episode, recent cases and news from the world of Labor & Employment Law will be discussed, including:Proposed FTC Rule Banning Noncompetes - The comment period has been extended until April 19, 2023. What does that men for employers?NLRB Ruling in McLaren Macomb – The NLRB recently ruled that common confidentiality and non-disparagement provisions in severance agreements violate Section 7 of the National Labor Relations Act. What do employers need to do in ...
Comments
Download from Google Play
Download from App Store
United States