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With the global shift to remote work in 2020, the workplace has changed radically and understanding current employment rules and regulations matters immensely. Hosted by Perkins Coie’s Labor & Employment attorneys, Workplace Rules features discussions with in-house professionals, outside counsel, and other thought leaders on timely labor and employment law topics, from regulatory developments to litigation trends.
52 Episodes
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In this episode, Chris and Shannon explore the Davis-Bacon Act and the Service Contract Act. Listen as they cover the implications of these regulations for federal contractors and gain valuable insights into the crucial considerations that contractors must be aware of to maintain compliance.
The Federal Acquisition Regulatory Council recently issued a Proposed Rule that would require pay transparency in federal contracting. In this episode, Chris and Jeremy discuss the proposed rule in detail. They cover the implications of the rule, the current landscape of pay equity law, and the steps federal contractors may want to take to prepare for this rule.
In this episode, Shylah and Kristie discuss the implications of “no-poach” agreements from an antitrust perspective. They explore the U.S. Department of Justice’s approach toward such agreements, the criminal consequences attached, and how companies have been reacting. Further, they delve into the importance of antitrust compliance training for human resources professionals and other employees.
In this episode, Chris Wilkinson updates listeners on federal and state regulation of artificial intelligence (AI). Chris discusses his article published in Bloomberg Law titled "Employers, Take Notice as the DOL Crafts White House AI Mandates," in which he explains the U.S. Department of Labor’s (DOL) new responsibilities under President Biden’s AI executive order addressing such issues as discrimination, immigration, and worker displacement. In addition, Chris speaks about AB 331, California’s landmark proposal to regulate AI.
In part two of our series on how Americans' views of corporations are changing, Senior Counsel Chris Wilkinson is joined by Perkins Coie's persuasive communications advisor, Senior Litigation Consultant Karen Lisko, to discuss how these views are playing out in the courtroom. Karen provides insights into the impact of public perception of corporations on jury decisions, shares strategies for corporations to use when defending a case, and describes her own experience educating lawyers and judges in presenting their best case at trial.
A new law recently took effect in Washington that changes the way employers should conduct drug tests. In this Episode, Emily and Margo explain the new law, who is affected, and what steps employers may want to consider to ensure they are complying with this new law.
The U.S. Department of Labor (DOL) recently issued a final rule imposing stricter criteria for companies to classify workers as independent contractors. This rule, effective as of March 11, 2024, deviates from the previous administration's interpretation of the Fair Labor Standards Act (FLSA) and may result in more lawsuits related to misclassification. These lawsuits, if filed as collective actions under the FLSA, can have significant implications for companies. Listen to learn more about the final rule, how companies may be affected, and steps that companies should consider to ensure that they are complying with the new developments in the law.
Get a preview of the fifth edition of Perkins Coie’s Labor Law Today—Year in Review report in this latest podcast episode. The speakers delve into the National Labor Relations Board and its general counsel’s aggressive employee-friendly actions; explore summaries of influential decisions like McClaren McComb, Cemex, and Stericycle; and unravel the notable uptick in strike activity. Listen to this insightful episode for analysis on the evolving landscape of labor law.
Join Kristie, Paul, and Jill as they discuss several recent employment law developments in Arizona and how they may impact employers.
With the 2023 California legislative year closed, we are ready to summarize the new legislation that will affect businesses operating in the state and highlight related action items. Join us as Heather, Brittany, and Katelyn discuss key labor and employment topics from the 2023 legislative session.
Certain employers may feel the impact of recent modifications to the I-9 process, while all employers will be affected by the introduction of a new I-9 form. Eligible employers have the option to use an alternative verification method to virtually authenticate I-9 documents for their employees who were previously onboarded remotely due to COVID-19 accommodations. In addition, a new edition of Form I-9 has been released, incorporating the alternative verification process and other revisions. In this episode, KoKo and Eryne discuss important changes that employers should be aware of regarding I-9 compliance.
In this episode, Heather and Matt discuss Senate Bill 699 and provide tips on what actions employers may want to take to best serve their companies. The law, which takes effect on January 1, 2024, prohibits employers from enforcing contracts that are void under California Business and Professions Code Section 16600, even if the contracts were signed outside of California. The law also establishes a private right of action, allowing employees to sue for injunctive relief, actual damages, and attorneys fees.
Increasing adoption of video and automated technology, such as artificial intelligence (AI), in employment practices has prompted regulatory efforts. Lawmakers are now addressing growing concerns that these technologies, including advanced resumé screening software, interview video analysis algorithms, and employee surveillance devices, may perpetuate bias and lead to unfair outcomes. In this episode, Chris and Dorthy discuss the effects of AI on the labor and employment space.
In addition to ensuring returns for investors, American corporations are tasked with navigating a host of social, political, and economic hot button issues—and polls have reflected some success on this journey. In this episode of Workplace Rules, Senior Counsel Chris Wilkinson and Ani Huang, CEO of the Center On Executive Compensation and senior vice president at the HR Policy Association, discuss that success along with recent polling that forecasts choppier waters ahead. The discussion ranges from how strong corporate values can enhance engagement with customers to how workers inside businesses are affecting the overall landscape. Chris and Ani also delve into what’s keeping many in the C-suite up at night as we head into the 2024 national election cycle.
In the latest episode of Workplace Rules, Dana Svendsen and Alex Pratt discuss a proposed Occupational Safety and Health Administration (OSHA) rule. This potential new rule would give a designated union representative right to accompany an OSHA inspector onto an employer worksite. Dana and Alex address the possible implications for employees and what compliance might mean for them.
In the United States, the use of noncompete agreements has been prolific and the law regarding the enforcement and use of noncompetes has been fairly steady and noncontroversial—until now. In January 2023, the Federal Trade Commission (FTC) proposed regulations that would, with only very limited exceptions, ban employers from imposing noncompete clauses on their workers and invalidate all existing noncompetes currently in effect. According to the FTC, this will affect 30 million, or one in five, American workers currently covered by a noncompete agreement. In addition, the National Labor Relations Board (NLRB) general counsel put out a memo suggesting noncompete agreements may violate the National Labor Relations Act (NLRA).
The Response of Organized Labor to Artificial Intelligence in the WorkplaceDescription: With the explosion of the use of artificial intelligence (AI) in the workplace, employers are coming up against challenges with organized labor that many employers may not have previously considered. Listen to learn how unions are reacting to the use of AI in both unionized and non-unionized workplaces.
Join Heather and Matt to learn more about the current state and utility of arbitration under California’s Private Attorneys General Act (PAGA).If an employer commits Labor Code violations against a current or former employee, PAGA authorizes the employee to bring a representative action for civil penalties on behalf of the state against the employer. Questions regarding the application of class-action waivers and arbitration agreements to PAGA claims have remained a source of litigation for years.
A recent National Labor Relations Board (NLRB or the Board) decision reverts to an Obama-era standard used to determine a worker’s status as an employee or an independent contractor under the National Labor Relations Act (NLRA or the Act). This is important, as employees have rights under the NLRA, while independent contractors do not.In this episode, Jill and Alex discuss the decision, events that led up to it, and how it may affect employers.
The U.S. Department of Labor (DOL) recently issued Field Assistance Bulletin No. 2023-2 to provide guidance to its field staff regarding enforcement of the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), passed in 2022. Now in effect in all states, the PUMP Act expands the Fair Labor Standards Act’s (FLSA) workplace protections for all employees, not just nonexempt workers, who need to express breast milk.In this episode, Heather and Emily discuss the new guidance and how the DOL interprets and may enforce the PUMP Act, including available remedies for violation of any provision of the Act.
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