ABA Labor and Employment Law Podcast

The relationship between Canada and the United States has made headlines over the summer, but the two countries also pose some unique, cross-border labor challenges. Guests Christopher Deehy and Cody Yorke are international labor and employment lawyers specializing in Canada/U.S. relations who deal with these differences daily. Independent of the political climate, interactions on the labor and employment front create their own issues. One big difference is that unlike the United States, in Canada each province has its own labor laws, and in some cases such as banking, federal rules may also apply. It’s imperative to understand these variances when dealing with cross-border labor relations.  Oh, then there’s the French civil law code in Quebec and the use of the French language. Canada is not just “United States North,” it has its own laws and what may apply in the U.S. may not apply in Canada. For example, the “at-will” employment rules of the U.S. may not apply in Canada, where advance notice may be required. If you’re doing business across the border, this could be a factor.  No podcast can fully explore every aspect of the differences in labor and employment law between the U.S. and Canada, but if you’re working with a client with employment issues across the border, this intriguing episode with get you thinking about the questions you’ll want to ask.   REFERENCES MENTIONED: National Labor Relations Act (Wagner Act, 1935) “Fast Facts About the At-Will Employment Doctrine,” Thomson Reuters “Reasonable Notice of Termination: Overview,” Practical Law Canada Employment, Thomson Reuters “Restrictive Covenant,” Government of Canada “FTC Announces Rule Banning Noncompetes,” Federal Trade Commission “Successor Liability,” Practical Law, Thomson Reuters “Workplace Impairment Questions and Answers,” Government of Canada Association of Labor Relations Agencies The ABA Labor and Employment Law Section 2026 Annual Conference is scheduled for Nov. 4-7, 2026 in Washington, DC ABA Labor and Employment Law Section  

How is AI finding its way into the legal arena of labor and employment law, and how well do you understand this emerging field and the potential perils? Guests Nina T. Pirrotti and Daniel A. Schwartz are both experienced labor and employment attorneys who have encountered AI in the scope of their work and are sorting through the federal legal vacuum and emerging state laws. What they’ve found are AI programs that take inputs, analyze them, and provide recommendations in employment and labor relations. This can include scanning resumes, drafting job descriptions, performance reviews, summarizing documents, and even sending rejection letters. Are computers replacing human judgment? And it’s not just employers using AI. Job seekers are learning to use AI to create resumes and cover letters that match job descriptions, even burying coding inside applications designed to convince the AI screener to select them for an interview. “It truly is an AI arms race,” Pirrotti says. Job seekers use AI to flood the market with applications, and employers are so overwhelmed they use AI to screen them. But AI isn’t perfect. In a drive for efficiency, AI has the potential to discriminate against people who may be qualified but have a disability, be neurodivergent, or simply not meet the “norms” a program has been trained to see. There are legal minefields (and potential liabilities) out there. Is there a class action suit just itching to be filed?   REFERENCES MENTIONED:  “Title VII of the Civil Rights Act of 1964” “Algorithms, Artificial Intelligence, and Disability Discrimination in Hiring,” U.S. Department of Justice Civil Rights Division “Griggs v. Duke Power Co.” Wikipedia “Derek Mobley v. Workday Inc.,” Findlaw “Connecticut’s AI Responsibility and Transparency Act: Key Impacts on the Workplace,” Shipman & Goodwin  “Automated Employment Decision Tools (AEDT),” New York City government “The Harper v. Sirius XM Lawsuit: What the US Legal Case Means for UK and EU Organizations” Hair.Ventures  The ABA Labor and Employment Law Section 2026 Annual Conference is scheduled for Nov. 4-7, 2026 in Washington, DC  

Social media is everywhere today. Ever wonder how the role social media plays into the employer/employee relationship? In this episode, guests Aaron Holt and SaNni M-K Lemonidis, both experienced labor and employment attorneys, join host Matt Greer for a deep dive into the murky waters of who said what where and to whom. Can employers regulate what an employee says on a social media channel – say Facebook or X? It depends. The “manner and method” of our free speech outside of work still matters. It’s about content and context. Harassment and discrimination matter still matter. Try the “water cooler principle,” if  a comment was made on social media, ask if the same comment was made at work around the water cooler, would the boss feel obligated to act. If the answer is yes, then action is likely required. This is a fascinating field, nuanced and sometimes dependent on the size of a company and capacity for control as well, as the company’s own use of social media in outreach and marketing. The laws, and EEOC guidance, haven’t changed. But the environment we live and work in has. Basic principles still apply. For employees, be nice to each other. For employers, do your best to ensure no one is being harassed or bullied. If someone says there’s a problem, employers can protect themselves by investigating complaints and developing and adhering to consistent policies. REFERENCES MENTIONED:  Title VII of the Civil Rights Act of 1964 NLRB v. Pier Sixty, Justia Law Equal Employment Opportunity Commission  Okonowsky v. Garland, Justia Law  Connick v. Myers, Justia Law  The ABA Labor and Employment Law Section 2026 Annual Conference is scheduled for Nov. 4-7, 2026 in Washington, DC ABA Labor and Employment Law Section

What are irreconcilable workplace differences, and are they on the rise? Trickier issues are coming up these days and are challenging the status quo. As how and where we work changes, when do misunderstandings become a disruption, and what do we do next?  Fact is, the workplace is a social situation as much as a labor issue, and learning how we interact with each other is more important than ever. Friendships, relationships, cliques, supervisory roles, and generational gaps factor into the workplace environment. And then there’s the law. It’s a lot to digest. Working from home, a return to work in the office, and an increasing understanding of mental health and workplace balance are all creating frictions and new challenges. Remote work since the pandemic has only complicated issues. Communication is more important than ever. And it’s not easy.  Workplaces are made of humans. And we’re all human. When all you have is a hammer, all problems look like a nail. When we’re litigators, maybe litigation looks like the solution. But sometimes, understanding the bigger picture and the humanity, and addressing issues before they become lawsuits, come into play. This discussion may change the way you think.   REFERENCES MENTIONED: Title VII of the Civil Rights Act of 1964 National Employment Lawyers Association The ABA Labor and Employment Law Section 2026 Annual Conference is scheduled for Nov. 4-7, 2026 in Washington, DC ABA Labor and Employment Law Section

Religious organizations and their employees fall into a murky and often-overlooked area of labor and employment law. Guests James “Jim” Paul and Michael Subit practice in employment and labor law and are versed in the world of religious employers and their workers.  Title VII of the Civil Rights Act carves out some interesting exemptions in employment law regarding religion-based businesses, but some recent court rulings seem to conflict with each other. Paul and Subit join host Matt Greer to delve into what constitutes a “religious employer” and where religious beliefs and practices challenge existing employment laws. A recent appeals court ruling spells out nine questions regarding religion-based retailers, religious hospitals, and other businesses. Is it created for profit? Does it make a secular product? Do articles of incorporation state a religious purpose? All of these considerations may matter. This issue goes way beyond practicing a religion. Consider same sex marriage, certain behaviors, and reproductive rights. Hear how quickly employer and employee rights can conflict. Is a Supreme Court showdown on the horizon?  Mentioned in This Episode: Title VII of the Civil Rights Act of 1964, EEOC “Ninth Circuit Rules in Favor of Employers in Two Recent Religious Discrimination Cases,” New York University School of Law “LeBoon v. Lancaster Jewish Community Center Association,” U.S. Third Circuit Court “McMahon v. World Vision,” Ninth Circuit Court “Union Gospel Mission of Yakima Washington v. Brown,” U.S. Ninth Circuit Court “Conway v. Mercy Hospital St. Louis,” Justia.com The ABA Labor and Employment Law Section 2026 Annual Conference is scheduled for Nov. 4-7, 2026 in Washington, DC  ABA Labor and Employment Law Section