the practical employment law podcast

*COVID-19 and Masks: *- The CDC has issued new guidance for vaccinated individuals - what does this mean for employers? State and local laws; Jamming with Leon by texasradi, 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. Key elements of an effective investigation include: Jamming with Leon by texasradiofish (c) copyright 2020 Licensed under a Creative Commons Attribution Noncommercial (3.0) license. 4. This raises concerns about the invasion of privacy and the need to strike a balance between legitimate business interests and employee rights. Law stated as of 04 May 2023 New York. 2. Holiday Parties *Conducting Effective Investigations Before Termination *- Even the most straight forward scenario should have some form of investigation to support the termination decision. *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. 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. 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. * *Employee Monitoring*: AI technologies can enable extensive monitoring and surveillance of employees. In Hobby Lobby v. Sommerville, an employee was denied access to the womens restroom and in Todd v. JB for Governor, a campaign worked claims that she was included in a reduction in force because of transphobic bias. 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. 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. In *Threat v. City of Cleveland*, a supervisor attempted to promote diversity by moving employees between shifts based on race. Also, how much do you know about the Civil Rights Act of 1964? Attorney Mark Chumley provides practical insights into the challenges facing businesses today. *Hoang v. Microsemi Corp.* Does your RIF selection process leave you open to discrimination claims? * *Employee on call time* - in Wesley v. Experian Information Solutions, IT employees brought claims for unpaid overtime for time they were required to be on-call to answer client questions. Comments or questions: Contact Mark Chumley at mchumley@kmklaw.com or visit www.kmklaw.com * Who pays for the mediation? The Practical Employment Law Podcast: The Future of Arbitration on Apple Podcasts 9 min The Future of Arbitration The Practical Employment Law Podcast Management On March 3, 2022, the President signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. *Errant email* Yet another recent case in the media underscores the dangers of the reply all button and the ill-advised practice of commenting on others appearances in the workplace. * One size fits all agreements; Number 4: Giving a false reason for termination; In some cases, the process is the punishment; In this episode, the current status of these rules will be discussed along with some thoughts on what employers should be doing right now to comply or prepare to comply with the rules. Webb Co., an . In this episode, the basics of settlement will be covered. Jamming with Leon by texasradiofish (c) copyright 2020 Licensed under a Creative Commons Attribution Noncommercial (3.0) license. Times are uncertain for employers who rely on arbitration. Union issues; In 2019, California passed a law adopting the "ABC Test," a simple test that classifies almost every worker as an employee. 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. There is also the question of whether employers should buy Employment Practices Liability Insurance (EPLI) to protect themselves against potential losses. Mu, Training repayment agreement provisions (TRAPs) are a hot topic lately. Attorney Mark Chumley provides practical insights into the challenges facing businesses today. 1. The vast nave, in pure ogival style, the porches adorned with fine sculptures from the middle of the 12th century, and the magnificent 12th- and 13th-century . Collecting, processing, and storing this data must comply with relevant data protection laws and regulations. how important is L&E law to the plot of the movie; and 2) Labor and Employment Law accuracy, i.e. In Starkey v. Roman Catholic Archdiocese of Indianapolis, a guidance counselor at a Catholic high school brought a discrimination claim when her contract was not renewed because she was in a same sex marriage. * Washington If an employer makes an individualized determination that such an employee poses a direct threat to health and safety in the workplace that cannot be mitigated or resolved with a reasonable accommodation, the employer may exclude the employee from coming into the workplace. 1. Jamming with Leon by texasradiofish (c) copyright 2020 Licensed under a Creative Commons Attribution Noncommercial (3.0) license. * Employee Privacy. Alabama, American Samoa, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Guam, Idaho, Illinois, Kansas, Louisiana, Maine, Massachusetts, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, North Dakota, Northern Mariana Islands, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Texas, Virgin Islands, West Vir, Labor & Employment Law Update - Week of 9/13/21, In this new podcast episode, recent cases and news from the world of Labor & Employment Law will be discussed, including: Listen in to find out how your business may be impacted by these issues in 2023. Develop a big picture strategy. The increased ability for employees to work remotely has, however, muddled the waters of what constitutes an employer's establishment. You can read the NLRB's decision here: https://apps.nlrb.gov/link/document.aspx/09031d45839af64d * Failing to pr, Employment at-will is the default rule in almost every state. Employers using or considering EWA programs need to carefully consider all applicable laws and determine if their program is in compliance. Listen to the new episode of The Practical Employment Law Podcast for insights on these questions and more. *OSHA ETS*: This rule has been stayed by the 5th Circuit and OSHA has agreed to take no further action toward enforcement or implementation until the courts rule on the ETS. Listen in to find out how your business can avoid problems with TRAPs. Termination and Adverse Action *Nepotism* giving preferential treatment to friends and family in the workplace is legal but it often leads to unfairness and drives aggrieved employees to court. Comments or questions: Contact Mark Chumley at mchumley@kmklaw.com or visit www.kmklaw.com - Straight Outta Payroll Current status of the mandates; *Reimbursement*: Two states California and Illinois - have statutes specifically requiring reimbursement for required employee cell phone use. * *Arbitration*: In arbitration, parties agree to allow a neutral arbitrator to serve as both judge and jury and decide their dispute instead of going to court. Jamming with Leon by texasradiofish (c) copyright 2020 Licensed under a Creative Commons Attribution Noncommercial (3.0) license. The Practical Employment Law Podcast podcast on demand - A podcast covering all aspects of labor and employment law in the United States. 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. A podcast covering all aspects of labor and employment law in the United States. Comments or questions: Contact Mark Chumley at mchumley@kmklaw.com or visit www.kmklaw.com Another significant issue is what to do about remote workers. Former Employer Mistakes: The Practical Employment Law Podcast Mark Chumley A podcast covering all aspects of labor and employment law in the United States. 2. * Nevada 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. Comments or questions: Contact Mark Chumley at mchumley@kmklaw.com or visit www.kmklaw.com *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. Listen in to find out how your business can avoid problems with holiday parties. Listen in to find out what happened with these issues and how your business can avoid problems. The new rule provides some clarification for employers but its future is not clear as it does not become effective until March after the new administrat, EEOC Issues New Guidance on COVID-19 Vaccinations, The big news in the employment law world this week is the the EEOC has issued its long awaited guidance on COVID-19 vaccinations and the ADA, including guidance on mandatory vaccination policies. Jamming with Leon by texasradiofish (c) copyright 2020 Licensed under a Creative Commons Attribution Noncommercial (3.0) license. This raises a question of what employment law issues are implicated by the use of AI. Attorney Mark Chumley provides practical insights into the challenges facing businesses today. * Being a Jerk *, Labor & Employment Law Update - Week of 8/16/21, In this new podcast episode, recent cases and news from the world of Labor & Employment Law will be discussed, including: http://dig.ccmixter.org/files/texasradiofish/61983 Ft: Scomber, Like everything else, employment law and employment litigation is driven by economics. In the typical case, an employee leaves one employer for a new employer and the former employer believes that the employee is violating his or her non-compete agreement. This episode will consider three primary sources of these attacks on non-compete agreements:1. *Conflict Avoidance * no one likes conflict but failing to address issues, even issues that dont seem to violate workplace rules, often leads to litigation. 10. http://dig.ccmixter.org/files/texasradiofish/61983 Ft: Scomber. 7. Steps include: *FMLA Retaliation*: - What constitutes protected activity under the FMLA? * Comments or questions: Contact Mark Chumley at mchumley@kmklaw.com or visit www.kmklaw.com 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. Massachusetts, Pennsylvania and South Carolina have pending legislation. 1. U.S. Supreme Court Clarifies Standard for Workplace Religious Accommodations, 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 employees request for a religious accommodation. Attorney Mark Chumley provides practical insights into the challenges facing businesses today. In recent guidance, the U.S. Department of Lab, Labor & Employment Law Update - Week of 3/1/21, In this new podcast feature, recent cases and news from the world of Labor & Employment Law will be discussed. In this episode, five thoughts about noncompete strategy will be considered, including: Listen to the new episode of The Practical Employment Law Podcast for insights on these issues and more. 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. Listen in to find out how your business can avoid problems with EWA programs. 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. 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. * *Job Displacement and Retraining*: The adoption of AI can lead to automation and job displacement. Comments or questions: Contact Mark Chumley at mchumley@kmklaw.com or visit www.kmklaw.com Comments or questions: Contact Mark Chumley at mchumley@kmklaw.com or visit www.kmklaw.com including the 2021 approval of a new uniform state law by the Uniform Law Commission that will regulate restrictive employment agreements and President Biden's 2021 executive order calling for increased antitrust enforcement with a focus on healthcare as one of their four key industries called out in . Comments or questions: Contact Mark Chumley at mchumley@kmklaw.com or visit www.kmklaw.com Comments or questions: Contact Mark, Today's episode will consider a couple of controversial topics. * *The CROWN Act *- Connecticut has recently passed a CROWN Act (Creating a Respec, A significant generator of employment litigation is poorly handled terminations. Accuracy: 4 out of 5 stars. I need to update my COVID plan. In this episode: A podcast covering all aspects of labor and employment law in the United States. 7. Thus, in any non-compete case, there are three possible parties: 1) the former employer; 2) the employee; and 3) the new employer. Music : * Employers can impose mandatory vaccination policies and require their employees to get the COVID-19 vaccination.

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