The Practical Employment Law Podcast

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 Inappropriate Conduct;Employee Theft;At-Fault Accidents;Harassment or Discrimination;Sleeping on the Job;Drug or Alcohol Use.Listen in and find out how your business can avoid problems with immediate termination scenarios.Comments or questions: Contact Mark Chumley at mchumley@kmklaw.com or visit www.kmklaw.comIntro Music by ComaStudio via PixabayOutro Music by Vivaleum via Pixabay

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 relating to COVID-19. Cole v. 3 Circle Church – Can an employee who complained via  anonymous letters support a claim for retaliation?Listen in to find out what happened with these issues and how your business can avoid problems.Comments or questions: Contact Mark Chumley at mchumley@kmklaw.com or visit www.kmklaw.comIntro Music by ComaStudio via PixabayOutro Music by Vivaleum via Pixabay

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: Employee Privacy. Listen in and find out how your business can avoid problems with employee phone use.Comments or questions: Contact Mark Chumley at mchumley@kmklaw.com or visit www.kmklaw.comIntro Music by ComaStudio via PixabayOutro Music by Vivaleum via Pixabay

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 retaliation claim except for one key fact. Ledesma v. Orland Park Wedding Center, Inc. – What should you do if an employee discloses mental health conditions and asks for a leave of absence? Galette v. Avenue 365 Lending Services LLC – Can an employee make an accommodation request that alters their job duties? DOL Issues Industry Specific PUMP Act Guidance– Earlier this month, the DOL issued industry-specific guidance for compliance with the PUMP Act.  The recent guidance covers the restaurant and retail industries.  Prior guidance was issued for the agricultural industry and guidance for the transportation and education industries is pending.   You can find the DOL guidance here. Listen in to find out what happened with these issues and how your business can avoid problems. Comments or questions: Contact Mark Chumley at mchumley@kmklaw.com or visit www.kmklaw.comIntro Music by ComaStudio via PixabayOutro Music by Vivaleum via Pixabay

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.kmklaw.comMusic : Jamming with Leon by texasradiofish (c) copyright 2020 Licensed under a Creative Commons Attribution Noncommercial  (3.0) license. http://dig.ccmixter.org/files/texasradiofish/61983 Ft: Scomber

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 nice.Comments or questions: Contact Mark Chumley at mchumley@kmklaw.com or visit www.kmklaw.comMusic :Jamming with Leon by texasradiofish (c) copyright 2020 Licensed under a Creative Commons Attribution Noncommercial  (3.0) license. http://dig.ccmixter.org/files/texasradiofish/61983 Ft: Scomber

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 Mark Chumley at mchumley@kmklaw.com or visit www.kmklaw.comMusic :Jamming with Leon by texasradiofish (c) copyright 2020 Licensed under a Creative Commons Attribution Noncommercial  (3.0) license. http://dig.ccmixter.org/files/texasradiofish/61983 Ft: Scomber 

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 find out how your business can avoid issues with office romances.Comments or questions: Contact Mark Chumley at mchumley@kmklaw.com or visit www.kmklaw.comMusic :Jamming with Leon by texasradiofish (c) copyright 2020 Licensed under a Creative Commons Attribution Noncommercial  (3.0) license. http://dig.ccmixter.org/files/texasradiofish/61983 Ft: Scomber

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 Act (PUMP Act) went into effect in April and states that most employees have the right to take reasonable break time to express breast milk for their nursing child.   Covered employees must be provided with “a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.”  A bathroom, even if private, is not a permissible location for the employer to provide for pumping breast milk.  Listen in and find out how your business can avoid issues with pregnant and nursing  employees.Documents referenced in this episode: What You Should Know About the Pregnant Workers Fairness ActFact Sheet #73: FLSA Protections for Employees to Pump Breast Milk at WorkComments or questions: Contact Mark Chumley at mchumley@kmklaw.com or visit www.kmklaw.comMusic :Jamming with Leon by texasradiofish (c) copyright 2020 Licensed under a Creative Commons Attribution Noncommercial  (3.0) license. http://dig.ccmixter.org/files/texasradiofish/61983 Ft: Scomber 

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 can avoid issues with whistleblowers.Documents referenced in this episode:OSHA Enforced Whistleblower Laws

The 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-A)Milman v. Fieger & Fieger P.C.Comments or questions: Contact Mark Chumley at mchumley@kmklaw.com or visit www.kmklaw.comMusic :Jamming with Leon by texasradiofish (c) copyright 2020 Licensed under a Creative Commons Attribution Noncommercial  (3.0) license. http://dig.ccmixter.org/files/texasradiofish/61983 Ft: Scomber

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 here: https://www.kmklaw.com/labor-employment/u-s-supreme-court-clarifies-standard-for-workplace-religious-accommodationsComments or questions: Contact Mark Chumley at mchumley@kmklaw.com or visit www.kmklaw.comMusic :Jamming with Leon by texasradiofish (c) copyright 2020 Licensed under a Creative Commons Attribution Noncommercial  (3.0) license. http://dig.ccmixter.org/files/texasradiofish/61983 Ft: Scomber

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 this episode.   Here is the list: Discrimination:  AI algorithms can unintentionally perpetuate or even amplify biases present in the data they are trained on. If AI is used in recruitment, performance evaluation, or promotion decisions, there is a risk of discriminatory outcomes based on protected characteristics such as race, gender, or age. Employers must ensure that AI systems are designed and monitored to prevent unlawful discrimination.Privacy and Data Protection: AI often requires access to vast amounts of data, including personal information about employees. Collecting, processing, and storing this data must comply with relevant data protection laws and regulations. Employers need to establish safeguards to protect employee privacy and ensure transparency regarding the collection and use of personal data.Employee Monitoring: AI technologies can enable extensive monitoring and surveillance of employees. This raises concerns about the invasion of privacy and the need to strike a balance between legitimate business interests and employee rights. Laws and regulations regarding employee monitoring, such as consent requirements and notice obligations, may apply.Job Displacement and Retraining: The adoption of AI can lead to automation and job displacement. Employment laws may come into play when determining how to handle workforce reductions, including obligations to provide notice, severance pay, and support for retraining or redeployment of affected employees.Fairness and Transparency: The use of AI in employment decisions can raise concerns about the lack of transparency and the difficulty in understanding how certain outcomes are reached. Employees have the right to understand the basis for decisions affecting their employment, and employers should ensure that AI systems are explainable and provide justifiable results.Intellectual Property: If AI programs are developed in-house, intellectual property rights may arise. Employers and employees should clarify ownership and usage rights through contracts or policies to avoid disputes over the ownership of AI-generated works.Ethical Considerations: The use of AI raises broader ethical considerations, such as accountability for AI-driven decisions, the impact on job quality, and the potential for algorithmic bias. Employers should consider the ethical implications of using AI in the workplace and establish guidelines for responsible AI deployment.Listen in to find out whether the AI generated list of concerns about AI in the workplace is valid. Comments or questions: Contact Mark Chumley at mchumley@kmklaw.com or visit www.kmklaw.comMusic :Jamming with Leon by texasradiofish (c) copyright 2020 Licensed under a Creative Commons Attribution Noncommercial  (3.0) license. http://dig.ccmixter.org/files/texasradiofish/61983 Ft: Scomber

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 banning or curtailing enforcement of non-compete agreements. See the FTC Proposed Rule  here:  https://www.federalregister.gov/documents/2023/01/19/2023-00414/non-compete-clause-ruleSee the NLRB General Counsel Memo here:https://apps.nlrb.gov/link/document.aspx/09031d4583a87168Listen in to find out more about the future of non-compete agreements.Comments or questions: Contact Mark Chumley at mchumley@kmklaw.com or visit www.kmklaw.comMusic :Jamming with Leon by texasradiofish (c) copyright 2020 Licensed under a Creative Commons Attribution Noncommercial  (3.0) license. http://dig.ccmixter.org/files/texasradiofish/61983 Ft: Scomber

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 basis.Myth #4 - Restrictive covenants are completely enforceable.   Myth #5 - The at-will employment doctrine provides protection for employers.Listen in to find out more about these employment law myths.Comments or questions: Contact Mark Chumley at mchumley@kmklaw.com or visit www.kmklaw.comMusic :Jamming with Leon by texasradiofish (c) copyright 2020 Licensed under a Creative Commons Attribution Noncommercial  (3.0) license. http://dig.ccmixter.org/files/texasradiofish/61983 Ft: Scomber

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 will be discussed in this episode.Listen in to find out more about the economics of employment law.Comments or questions: Contact Mark Chumley at mchumley@kmklaw.com or visit www.kmklaw.comMusic :Jamming with Leon by texasradiofish (c) copyright 2020 Licensed under a Creative Commons Attribution Noncommercial  (3.0) license. http://dig.ccmixter.org/files/texasradiofish/61983 Ft: Scomber

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.com or visit www.kmklaw.comMusic :Jamming with Leon by texasradiofish (c) copyright 2020 Licensed under a Creative Commons Attribution Noncommercial  (3.0) license. http://dig.ccmixter.org/files/texasradiofish/61983 Ft: Scomber

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 years.   The states are: CaliforniaColoradoConnecticutMarylandNevadaNew YorkRhode IslandWashington  Massachusetts, Pennsylvania and South Carolina have pending legislation.  Several municipalities also have laws on the books, including Cincinnati and Toledo, Ohio, Jersey City, New Jersey, and a few in New York, including New York City.These laws present a problem for employers with operations in multiple states because they are not necessarily the same.  Some of the laws require disclosures in the job postings while others only require disclosures at certain points in the hiring process or if the applicant requests the information.  Another significant issue is what to do about remote workers.  The question is - if you post for a remote job, do you need to comply with the pay transparency laws in light of the fact that someone from a jurisdiction with such a law may apply.  The answer is that many of these laws are considered to apply to remote work, at least according to the enforcement agencies involved.  Employers should take some time to review their compliance strategies for pay transparency laws, particularly if they are posting for remote positions.   Listen in to find out how your business can avoid problems with pay transparency laws. Comments or questions: Contact Mark Chumley at mchumley@kmklaw.com or visit www.kmklaw.comMusic :Jamming with Leon by texasradiofish (c) copyright 2020 Licensed under a Creative Commons Attribution Noncommercial  (3.0) license. http://dig.ccmixter.org/files/texasradiofish/61983 Ft: Scomber

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 response?  You can read the NLRB's decision here: https://apps.nlrb.gov/link/document.aspx/09031d45839af64dHoang v. Microsemi Corp. – Does your RIF selection process leave you open to discrimination claims?Bramble v. Moody Corp. – An employee was terminated for falling for a phishing scam - was race a factor?Linde v. Envision Healthcare Corp. – What does the employee have to prove in an unpaid overtime claim under the FLSA?Listen in to find out what happened with these issues and how your business can avoid problems.Comments or questions: Contact Mark Chumley at mchumley@kmklaw.com or visit www.kmklaw.comMusic :Jamming with Leon by texasradiofish (c) copyright 2020 Licensed under a Creative Commons Attribution Noncommercial  (3.0) license. http://dig.ccmixter.org/files/texasradiofish/61983 Ft: Scomber

EWA stands for earned wage access.  It is a way for employees to receive their earned wages before their regular pay day.  Basically, a third party provider is given information about time worked by the employee and pays them the amount earned right away rather than the employee having to wait for payday.   While EWA programs are gaining in popularity, they raise a host of compliance and administrative issues for employers who use them.  Potential issues arise from laws governing:Assignment of Wages;Free and Clear Payment of Wages;Direct Deposit;Unauthorized Deductions from Wages;Final Pay;Employee Privacy.Employers using or considering EWA programs  need to carefully consider all applicable laws and determine if their program is in compliance.Listen in to find out  how your business can avoid problems with EWA programs.Comments or questions: Contact Mark Chumley at mchumley@kmklaw.com or visit www.kmklaw.comMusic :Jamming with Leon by texasradiofish (c) copyright 2020 Licensed under a Creative Commons Attribution Noncommercial  (3.0) license. http://dig.ccmixter.org/files/texasradiofish/61983 Ft: Scomber