The Practical Employment Law Podcast

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

In this new podcast episode, recent cases and news from the world of Labor & Employment Law will be discussed, including:FMLA Retaliation: - What constitutes “protected activity” under the FMLA?Perkins v. City of New York – In this failure to accommodate case, the Court concluded that an ineffective accommodation does not satisfy the requirements of the law.Davis v. City of Montevallo – Your employee handbook has a solid at-will disclaimer so you can’t get in trouble for a termination – right?Pregnancy Discrimination – The Pregnant Workers Fairness Act goes into effect on June 27, 2023 – are you ready?Kinzer v. Whole Foods, Inc. – Is it possible for employers to enforce dress code policies?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

The New Year is here and this episode will consider some trends from 2022 and what to expect in 2023 and beyond.  Issues covered include:1.  The COVID Gift Keeps Giving;2.  Work From Home/Hybrid Work Arrangements;3.  Arbitration Continues to Lose Ground;4.  The Gig Economy Under Attack;5.  Non-Compete Agreements Under Attack;6.  State Laws Gone Crazy;7.  More Reductions in Force Coming. Listen in to find out how your business may be impacted by these issues in 2023.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

It’s the holidays and employment lawyers everywhere issue their annual advice about holiday parties.  Here are 9 thoughts for employers considering a holiday party for their employees:   1.  Alcohol is a consistent source of problems at holiday parties.  Employers should consider foregoing alcohol or taking steps to control consumption. 2.  Transportation home for employees is something employers who decide to serve alcohol must consider.3.  Communication prior to the party is a good idea – let everyone know that the rules and policies apply at the party. 4.  Managers are on duty at the party – just because it is a party, managers cannot ignore their responsibilities, particularly if they see something inappropriate happening.5.  Wage and hour issues – if non-exempt employees are required to attend the party, they must be paid.6.  The plus one – if employees are allowed to bring a guest, the approach needs to be uniform and avoid possible claims of discrimination.7.  Religion – in general, keep it secular.8.  Secret Santa – a literal minefield.9.  Skip it – it is the “bah humbug” approach but from an employment law standpoint, it has a lot to recommend it. Listen in to find out how your business can avoid problems with holiday parties.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 honor of Thanksgiving last week, today’s episode will focus on eight things employers do or don’t do that give plaintiffs’ attorneys (attorneys who represent employees against employers) reasons to be thankful.   Number 1:        Having no documentation;Number 2:        Having inconsistent documentation;Number 3:        Not giving a reason for termination;Number 4:        Giving a false reason for termination;Number 5:        Inconsistent application of the rules;Number 6:        Management disagreement;Number 7:        Not getting the employee’s side of the story;Number 8:        Bad optics. Listen in to find out how your business can avoid these 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

A new feature of The Practical Employment Law Podcast will be interviews of guests with insights into employment law, including attorneys, business owners and managers and  just about anyone with something interesting to say.   In today's episode, I interview author and plaintiffs' attorney Steven Mitchell Sack about his new book: FIRED! Protect Your Rights & FIGHT BACK If You're Terminated, Laid Off, Downsized, Restructured, Forced to Resign or QuitSteve has a lot of experience and great insights into the world of labor and employment law.  Steve's contact information is available on his website:  www.theemployeeslawyer.comYou can buy a copy of his book here: legalstratpub.com or on Amazon at:  https://www.amazon.com/FIRED-Protect-Terminated-Downsized-Restructured/dp/B09Y5FKBBB/ref=sr_1_1?crid=2BHQ9R60ER4EF&keywords=steven+mitchell+sack&qid=1666897332&sprefix=Steven+Sac%2Caps%2C1095&sr=8-1Comments 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

Training repayment agreement provisions (TRAPs) are a hot topic lately.  These agreements, which may be stand alone or included in a broader employment agreement,  require employees who have completed an employer provided training program to reimburse the employer for some or all of the cost of the training if they leave within a certain timeframe.  The agreements are unpopular with employees and have become somewhat controversial but courts have often enforced them against departing employees.  Are they right for your business - here are a few considerations before you set a TRAP: 1.  Does your business have a need for TRAPs?2.  Beware of unintended consequences such as difficulty recruiting and retaining employees;3.  You will probably have to go to court to enforce a TRAP and you may be counter sued;4.  Make sure the TRAP reflects reality;5.  Get professional help with TRAPs. Listen in to find out  how your business can avoid problems with TRAPs.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

Today's episode will consider a couple of controversial topics.  First, the CDC recently updated its COVID-19 guidance for the workplace in some surprising ways.  Because many employers defaulted to the CDC for workplace guidance and because emotions continue to run high regarding these issues, employers should be aware of the changes.  The CDC's new guidance can be viewed here:  https://www.cdc.gov/mmwr/volumes/71/wr/mm7133e1.htmNext, there has been increased media reporting and interest in so-called reverse discrimination cases, that is cases where members of  majority groups claim to have been discriminated against.  While such cases used to be a true rarity, they are becoming more common and have even resulted in some very large awards for plaintiffs.Listen to the new episode of The Practical Employment Law Podcast for insights on these issues and more.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

Noncompete agreements are a hot topic these days. Unfortunately, many employers who have noncompete agreements in place have not taken the time to consider their strategy for enforcement.  In this episode, five thoughts about noncompete strategy will be considered, including:1.  Noncompete Agreements are usually enforceable, up to a point;2.  State laws vary - a lot;3.  In some cases, the process is the punishment;4.  Consider the cost benefit analysis;5.  Develop a big picture strategy. Listen in to find out  how your business can avoid problems with noncompete 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

In this new podcast episode, recent cases and news from the world of Labor & Employment Law will be discussed, including:Sex Discrimination: - What is the "same actor" inference and how does it help employers in discrimination litigation?Delagrange v. Weaver Popcorn Manufacturing - In this recent  case involving allegations of same sex harassment and retaliation, the employer's justification for termination was not well documented.Hattabaugh v. TMS International - This wage and hour case seeking unpaid overtime serves as a reminder for employers about the importance of keeping accurate time records.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

With courts still backed up from COVID shutdowns, mediation is a popular option to resolve litigation.  Mediation is a process where parties to a dispute hire a neutral third party to help them reach a resolution of the dispute.  It can be a particularly useful tool in employment litigation but how much do you really know about mediation and how it works?   How do you find a mediator?Who pays for the mediation?How does the process work?Listen to the new episode of The Practical Employment Law Podcast for insights on these issues and more.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:Religious Accommodations: - Does an employer have to accommodate an employee who cannot work on Sundays and what constitutes an undue hardship.  The Third Circuit considered these issues in Groff v. DeJoy.Berling v. Gravity Diagnostics - In this recent Kentucky case, a jury awarded an employee over $450,000 when his employer ignored his request that it forego giving him a birthday party due to the employee’s panic disorder and later terminated his employment.COVID-19 - Everyone wants to move on but there are still lawsuits pending.  Two recent cases  involve employee refusal to undergo weekly testing and absenteeism in part due to FFCRA leave.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

On March 3, 2022,  the President signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.  A product of the Me Too Movement, the new law allows individuals bringing sexual assault and sexual harassment claims who entered into predispute arbitration agreements or  class- or collective-action waivers  to reject those agreements and waivers and  bring those claims in court and via a class or collective action.  The law applies to any claims arising after the date of enactment.  In addition, California law as it currently stands bans all mandatory predispute arbitration agreements in employment and Congress recently passed the Forced Arbitration Injustice Repeal Act of 2022 (FAIR Act), which would also ban mandatory predispute arbitration agreements if it becomes law.  Times are uncertain for employers who rely on arbitration.  Listen to the new episode of The Practical Employment Law Podcast for insights on these issues and more.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

The so-called gig economy is subject to a great deal of uncertainty in the labor and employment law context.  The key issue is whether workers are properly classified as employees and subject to various labor and employment laws or whether they are independent contractors with a lot of flexibility but far less legal protection.  This is not a new issue but the prevalence  and popularity of gig economy businesses  like Uber, Lyft, DoorDash and others have brought the issue into the spotlight. The traditional test for independent contractor status is multifactored and focuses on the issue of the hiring party's control over the worker.  In 2019, California passed a law adopting the "ABC Test," a simple test that classifies almost every worker as an employee.  The legal battle over that law in California remains unresolved but the same ABC Test is in the federal PRO Act, which has passed the House but not the Senate.  If it passes, the gig economy may not survive and independent contractors may no longer be an option for many businesses.  What can employers do in  the midst of all this uncertainty?  Listen to the new episode of The Practical Employment Law Podcast for insights on these issues and more.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: Religious Accommodation: New cases addressing employer obligations in the area of religious accommodations under Title VII are discussed as well as the EEOC’s new guidance on COVID-19 vaccination accommodations, which was issued on March 1, 2022.   You can find the EEOC’s complete guidance here:    https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws The new vaccine accommodation guidance begins at Letter “L” – scroll down. Social Media: The media recently reported on the termination of a longtime executive from the cosmetics company Estee Lauder after an unfortunate social media post that included a racial slur.  What can employers take from this situation and how can they avoid similar issues?   Recall Laws: The California Labor Commission recently fined a California resort over $3M for failing to recall employees who had been laid off due to COVID-19 in violation of California’s Right to Recall Law.  That law requires employers in certain industries to offer re-employment to employees who lost their jobs due to COVID-19 or face stiff penalties.  And it’s not just California – these laws exist in other jurisdictions as  well.Listen to the new episode of The Practical Employment Law Podcast for insights on these stories and more.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

Have you ever thought to yourself: if I was a homicide detective or a vampire or a superhero, there would be a lot of movies in my wheelhouse but I work in labor and employment law and there is just nothing out there for me?  Well, take heart because there are a surprising number of  movies that rely heavily on  labor and employment law and I'm going to tell you about them in bonus episodes of the Practical Employment Law Podcast.I rate movies in two categories: 1) Labor and Employment Law content, i.e. how important is L&E law to the plot of the movie; and 2) Labor and Employment Law accuracy, i.e. how accurate is the portrayal of L&E law.In this Bonus Episode:     9 to 5 (1980)          Content: 4 out of 5 stars;          Accuracy: 3 out of 5 stars.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: The NFL Discrimination Lawsuit: The NFL and three teams are being sued for discrimination in hiring and the allegations include an alleged sham interview that accidentally came to light due to an errant text message.   The Resignation of CNN President Jeff Zucker: In another major story, the president of CNN has resigned due to the disclosure of a consensual workplace relationship with another employee.   What can employers learn from these stories? Listen to the new episode of The Practical Employment Law Podcast for insights on these stories and more.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 honor of the famous holiday song, The Twelve Days of Christmas, this episode will cover twelve thoughts on the vaccine mandates, including:1.         Current status of the mandates; 2.         The Supreme Court’s consideration of the OSHA rule;3.         Timing issues created by the OSHA rule;4.         Steps for employers before the deadlines; 5.         The costs associated with compliance;6.         Handling accommodation requests;7.         Issues with turnover;8.         Issues with noncompliant employees;9.         State and local laws;10.       Impact of mandates on smaller businesses;11.       Union issues;12.       Communication with employees.Listen to the new episode of The Practical Employment Law Podcast to find out more about these issues. 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

The holidays are here again and they represent a minefield for employers.  It seems that every year the period of time from mid-November through the end of the year is guaranteed to generate employment litigation.  With that in mind, let’s look to Charles Dickens’ beloved character Ebenezer Scrooge to give us some holiday employment law advice on 5 topics:1.            Scheduling, Absenteeism and Tardiness2.            Holiday Parties3.            Holiday Displays4.            The Holidays Bonus5.            Termination and Adverse ActionListen to the new episode of The Practical Employment Law Podcast to find out what advice Scrooge has for you on these issues.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