Shows
The Labor and Employment Podcast“Uniform Matters: Understanding the Uniform Credit in New York,” With Lee JacobsIn another solo episode, Barclay Damon’s Lee Jacobs lays out the intricacies of the uniform credit in New York State. Even if you’re not an employer or employee in the hospitality industry, there is a lot of important information here. Many industries, including retail and health care, require uniforms, so listen in as Lee covers the definition of uniforms, employer responsibilities regarding uniforms, reimbursement requirements, and the consequences of noncompliance with labor regulations. Lee also provides practical advice for enhancing employee morale through effective uniform policies. Stay tuned for an upcoming episode on meal credits.
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2024-10-1019 minThe Labor and Employment Podcast“Tips From the Tip Jar: Tipping in the State of New York,” With Lee JacobsNo mysteries here! This episode of Barclay Damon Live: Labor & Employment Podcast discusses the topic of tipping, specifically focusing on the tip credit in New York State. In a quick solo episode, Lee Jacobs explains what a tip credit is and how it affects the minimum wage for tipped employees. He also discusses the requirements for taking the tip credit, including giving notice to employees and properly documenting tip distributions. Employers and others in the hospitality industry, listen in for valuable information, and stay tuned for more.
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2024-09-2637 minThe Labor and Employment Podcast“Navigating NYS’s Updated Minimum Wage and Exemption Thresholds,” With Lee Jacobs and Rosemary EnrightWelcome to Season 3 of the Labor & Employment Podcast and the first episode recorded in Barclay Damon Live’s new state-of-the-art podcast studio! With regular host Ari Kwiatkowski out on maternity leave, her Barclay Damon colleagues Lee Jacobs and Rosemary Enright have stepped in to continue the conversation until Ari returns this spring. In this episode, Lee and Rosemary discuss important changes related to minimum wage in New York State, covering minimum wage increases, overtime eligibility, exemptions, and penalties for noncompliance. They also touch on the Wage Theft Prevention Act and the importance of providing accurate wage statements. Stay tuned fo...
2024-02-1533 min
Cyber Sip“Don't Fear Compliance! How Health Care Startups Can Go From Zero to One”“Compliance” doesn’t have to be a dirty word. Check out the final episode of Season 2 of Barclay Damon Live: Cyber Sip™ when, for the first time ever, host Kevin Szczepanski welcomes two guests: his Barclay Damon colleague Bridget Steele and the founder and CEO of Opollo Technologies, Ryan Young. Using Ryan’s company as an example, you’ll hear how embracing compliance rather than avoiding it can be just the ticket to securing clients. Especially in the health care and other highly regulated sectors, when businesses successfully integrate compliance into their development, they can be more competitive. Listen in now.
2023-11-1534 minThe Labor and Employment Podcast“Order Up! Hot Tips for Employers in the Hospitality Industry, Part 2,” With Lee JacobsIn episode 65 of Barclay Damon Live: Labor & Employment Podcast, “Order Up! Hot Tips for Employers in the Hospitality Industry, Part 2,” host Ari Kwiatkowski welcomes her Barclay Damon colleague Lee Jacobs back. In Part 1, they discussed topics that included minimum wage, overtime, frequency of pay, and on-call and call-in pay. In this episode, they dig into New York State’s Wage Theft Protection Act. It’s a big deal! Lee alerts all employers, especially those in the hospitality industry, to comply with the act from the start. If not, there could be serious fines and penalties. “Hard stop,” as Lee says. Listen...
2023-09-1423 minThe Labor and Employment Podcast“Avoid Big Trouble in the Big Apple: NYC Employment Laws,” With Lee JacobsIn episode 63 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes Barclay Damon New York City–based partner Lee Jacobs. Lee and Ari point out that New York City rules tend to be more employee friendly than rules in many other areas, and currently some of the most stringently watched areas of potential discrimination involve height and weight, caregiving, employment status, and victims of sexual violence, domestic violence, and stalking. They’re hot buttons for employers. The best way to avoid problems? Don’t let them start in the first place. Listen for more, and then watch for a...
2023-08-1631 minThe Labor and Employment Podcast“Immigration Alert! USCIS Publishes Revised I-9 Form,” With Jennifer BehmIn episode 62 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes back Jennifer Behm, a partner at Berardi Immigration Law and immigration counsel at Barclay Damon, for “Immigration Alert! USCIS Publishes Revised I-9 Form.” Jennifer lets viewers and listeners know that the Department of Homeland Security US Citizenship and Immigration Services has announced changes to the I-9 form, which, as most employers know, is used to verify employment eligibility. The changes generally make things easier, offering shorter instructions, a better organized form, and options for virtual document verification to streamline and modernize the process. However, there are some...
2023-08-0317 minThe Labor and Employment Podcast“Cybersecurity Basics for Employers,” With Kevin SzczepanskiIn a groundbreaking crossover episode of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes her colleague Kevin
Szczepanski, the host of Barclay Damon Live: Cyber Sip™, to discuss “Cybersecurity Basics for Employers.” Kevin, who is also co-chair of the firm’s Data Security & Technology Practice Area, gives an overview of this crucial topic, including covering employee training to help thwart phishing attempts. Kevin also shares his top three related policies to have in place, which involve information security, access control, and incident response. He also touches on expanding laws and regulations, insurance coverage, and a lot more, so liste...
2023-07-2031 minThe Labor and Employment Podcast“Untangling the Web of Leave Issues Under ADA, FMLA, and Related Laws, Part 2,” With Scott RogoffWelcome to Barclay Damon Live: Labor & Employment Podcast, “Untangling the Web of Leave Issues Under ADA, FMLA, and Related Laws, Part 2.” In this continuing conversation, Barclay Damon partner Scott Rogoff joins host Ari Kwiatkowski to talk about what employers need to know considering the myriad types of employee leaves available. Ari and Scott also use a recent scenario they experienced to explore the Americans With Disabilities Act, or ADA, including who qualifies, what constitutes “reasonable accommodations,” and how the process works. Listen in for more.
2023-07-0619 minThe Labor and Employment Podcast“Untangling the Web of Leave Issues Under ADA, FMLA, and Related Laws, Part 1,” With Scott RogoffJoin host Ari Kwiatkowski for the latest episode of Barclay Damon Live: Labor & Employment Podcast. In this episode, Ari welcomes back her colleague Scott Rogoff to parse the statutes, laws, regulations, and issues involved with employee leave. As we all know, life happens—and it happens to employees, who then often need to take time off from work. Regardless of when the employee notifies their employer that they will be out, it’s important for the employer to know what type of leave should be used and when to apply it. This can be challenging. Dive in with Ari and...
2023-06-2218 minCyber Sip“2023 Trends in Cybersecurity Claims and Coverage,” With John FarleyEpisode 38 of Barclay Damon Live: Cyber Sip™ finds host Kevin Szczepanski talking about cybersecurity claims and coverage trends with John Farley, managing director of Gallagher Insurance. The landscape is constantly shifting, says John, and he’s seeing claims rising slightly after they dipped last year. John describes some of the many factors affecting trends in cyberattacks, and hence cyber coverage and claims, asserting that carriers are offering more services to help clients lower their risks and try to prevent attacks to stay insurable. It’s a win-win for the industry and for businesses that are in a constant battle to pro...
2023-06-1422 minCyber Sip“Exploring the New Frontier of AI—Everything You Need to Know,” With Siwei LyuListen in to episode 37 of Barclay Damon Live: Cyber Sip™, which finds host Kevin Szczepanski delving into the fascinating and sometimes unsettling topic of
artificial intelligence with Siwei Lyu, SUNY Empire Innovation Professor at the University at Buffalo. Siwei and Kevin begin with a basic definition of artificial intelligence, or AI, and how it works. They then move into recent innovations like ChatGPT and both the excitement and concerns around its applications. With an optimistic attitude and a belief in the ability of humans to survive and thrive, Siwei offers insights for all.
2023-05-3124 minThe Labor and Employment Podcast“Update Alert: Key Takeaways from the New NYS Model Sexual Harassment Prevention Policy”Here’s a quick installment of Barclay Damon Live: Labor & Employment Podcast, “Update Alert: Key Takeaways from the New NYS Model Sexual Harassment Prevention Policy.” In episode 58, host Ari Kwiatkowski runs down changes to the new policy, which has been conveniently posted on the state’s website, ny.gov. Finalized in April 2023, adopting the model policy is not required, but, says Ari, since it’s so easily available (and thorough), why not use it? A few key differences in the new policy are its suggestions of bystander intervention, and, considering new remote and hybrid work situations, broadening the locations and times...
2023-05-2515 minCyber Sip“You Need Exercise—Tabletop Exercise, That Is,” With Kyle CavalieriWelcome to Barclay Damon Live: Cyber Sip™ episode 36. Host Kevin Szczepanski talks with Kyle Cavalieri, president of Avalon Cyber, about tabletop exercises. (No sit-ups involved.) Kevin and Kyle define the practice as a moderated exercise that tests an organization's ability to respond to a cyberattack. It’s helpful to
evaluate incident-response plans; to gain clarity around stakeholders’ awareness of their roles, responsibilities, and communication; and to learn where its response program may have budget gaps. That’s some of the “whys” of companies conducting such exercises (which should minimally be held annually).
They also get to the “who” and the “how.” Liste...
2023-05-1725 minThe Labor and Employment Podcast“Medical Plan Coverage During a Leave of Absence,” With Art MarrapeseIn episode 57 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes her Barclay Damon colleague Art Marrapese to discuss medical plan coverage during a leave of absence from work. Tune in to hear a breakdown of the types of leaves employees can take under federal and state laws like the Family Medical Leave Act and the New York Paid Family Leave, where ERISA comes in, and some of the circumstances around protected and non-protected leaves, especially around health coverage issues. Art and Ari emphasize that employers can stay ahead of the game by having their plan documents...
2023-05-1119 minCyber Sip“The Future of Cyber Liability Coverage,” With Reggie DejeanIt’s episode 35 of Barclay Damon Live: Cyber Sip™! Host Kevin Szczepanski and returning guest Reggie Dejean of Lawley Insurance take a look at the future of cyber liability coverage. Kevin kicks it off by noting that some in the insurance industry are making noises about cyber risk becoming uninsurable. Reggie, a 20-year veteran of the field, counters that, because cyber insurance (and reinsurance) are newer areas and because of the enormous disruption that major cyberattacks and breaches can cause, this is a natural phase of testing and potentially correcting the segment. Do we need legislation? What’s happening with l...
2023-05-0314 minThe Labor and Employment Podcast“Ridding Your Workplace of Quiet Quitting,” With Peter RahbarIn episode 56 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski talks with Peter Rahbar of the Rahbar Group. He’s an attorney with broad experience in workplace issues, which he brings to the conversation. Starting off with a definition of the phenomenon, Peter asserts that it’s not new, though the phrase “quiet quitting” may be. Essentially, it refers to employees doing the bare minimum to get by in their jobs—without actually quitting. To combat it, he suggests clients (and listeners) communicate early and often to avoid many circumstances that can lead to quiet quitting. Listen in for mor...
2023-04-2722 minCyber Sip“Biometric Privacy Claims—Tips to Limit Your Exposure,” With Bryan McCarthyIn episode 34 of Barclay Damon Live: Cyber Sip™, host Kevin Szczepanski welcomes back Bryan McCarthy of Transatlantic Reinsurance Company to discuss limiting exposure to biometric privacy claims. They continue the conversation they started in episode 28 about the effects of Illinois’s Biometric Information Privacy Act (BIPA). BIPA is intended to protect residents of Illinois but has ramifications for businesses across the country. Hear Kevin and Bryan review what companies can do to protect themselves through insurance coverage for biometric privacy claims—claims about fingerprints, retinal scans, and other biometric data not being handled properly under BIPA. Beginning with who is subj...
2023-04-1917 minThe Labor and Employment Podcast"One Workplace, Five Generations: Tips for Resolving Conflicts,” With John RobertsonIn episode 55 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes workforce wellness and cultural alignment expert John Robertson to discuss resolving intergenerational conflicts in the workplace. In a bit of a departure from Ari’s usual legal focus, she and John explore workplace relations, discussing some common situations that arise and offering practical, actionable information for listeners. John’s background combines an earlier religious vocation with a psychology degree; his experience brought him to crisis intervention, counseling, and conflict resolution. Ari and John talk about the melding of (and differences between) generations and cultures in today’s work...
2023-04-1330 minCyber Sip“Top 5 Security Controls You Need Now,” With Dean Mechlowitz
Episode 33 of Barclay Damon Live: Cyber Sip™, with host Kevin Szczepanski, looks at five security controls you need to know about. Kevin talks with guest Dean Mechlowitz of TEKRiSQ about the importance and challenges of establishing security controls within your company, regardless of size or sector. TEKRiSQ is in the business of examining cyber wellness, and as co-founder, Dean has a good handle on the issue. Especially for smaller companies, but also for companies of other sizes, he and Kevin review what can be done to avoid cyber criminals’ crosshairs—and to become insurable. Hot topics include data privacy, passwo...
2023-04-0427 minThe Labor and Employment PodcastNew Laws Pump Up Protection for Nursing EmployeesIn episode 54 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski gives an update on changes to both federal and New York State law in “New Laws Pump Up Protection for Nursing Employees.” The federal PUMP (Providing Urgent Maternal Protections for Nursing Mothers) Act will go into effect in April and expand accommodations and protections for employees who need to express breast milk when they return from any maternity-related leave. Ari digs in so employers and employees will know what to expect. You can also find more info on the Department of Labor website; updated guidelines are forthcoming. Ari...
2023-03-3014 min
Cyber Sip“It’s No Game: Maximizing Your Cyber Security Coverage,” With Brandy GriffinIn episode 32 of Barclay Damon Live: Cyber Sip™, host Kevin Szczepanski welcomes Brandy Griffin of Crum & Forster Insurance to talk about the ever-changing landscape of cyber security. Brandy, who is senior manager for cyber incident response and e-risk, and Kevin dive deep and cover some newer issues, like board- and executive-level responsibility for all things data privacy and security. What else? For one thing, it’s easier than ever to have resilient backups, but that’s not stopping attackers. Kevin and Brandy also touch on AI, ransom policies, conquering the “alphabet soup,” and taking advantage of helpful resources from the insura...
2023-03-2228 minThe Labor and Employment Podcast“Breaking Down the Pregnant Workers Fairness Act”It’s episode 53 of Barclay Damon Live: Labor & Employment Podcast, hosted by Ari Kwiatkowski. Listeners will get the early scoop on what is known so far about this new federal antidiscrimination law that provides guidelines for employers and information for employees. Hear Ari speak about how the Pregnant Workers Fairness Act (PWFA) fits in with, and differs from, other federal antidiscrimination statutes, like the Americans With Disabilities Act and Title VII. Basically, it requires covered employers to provide reasonable accommodations to pregnant workers due to pregnancy, childbirth, and related medical conditions. The law, enforced by the EEOC, will be in...
2023-03-1610 minCyber Sip“Do I Need Cyber Insurance?,” With Reggie DejeanIn episode 31 of Barclay Damon Live: Cyber Sip™, host Kevin Szczepanski welcomes Reggie Dejean of Lawley Insurance to address the burning question “do I need cyber insurance?” You’ll hear why Reggie believes that organizations need this type of coverage—his reasons boil down to the cost of these elements: extortion or ransom fees, legal and forensic fees, and business disruption. As Kevin has discussed with multiple guests, though, the application process can be daunting. In the rare instance that a company can’t get the coverage it needs, they say, it’s smart to have, at minimum, a law firm and a...
2023-03-0816 minThe Labor and Employment Podcast“Essential Updates for Your 2023 Employee Handbook,” With Rosemary EnrightIt’s episode 52 of Barclay Damon Live: Labor & Employment Podcast.This week, host Ari Kwiatkowski welcomes back her colleague Rosemary Enright, partner and Labor & Employment Practice Group leader. In their fast-moving conversation, Ari and Rosemary share an overview of potential updates to employee handbooks as well as updates to the law and related issues. Two main two developments employers may want to note are 1) a minor change to the New York Paid Family Leave and 2) expansion of the lactation accommodations that employers are required to provide for nursing parents.Listen in too for tidbits about pandemic-related topics like the co...
2023-03-0228 minCyber SipBig Changes Coming to NYS’s Part 500 Cybersecurity RuleIn this solo episode of Barclay Damon Live: Cyber Sip™, host Kevin Szczepanski fills listeners in on important updates for financial companies—those that are licensed, regulated, chartered, or otherwise authorized to do business under New York State’s banking, insurance, or financial services laws. If the question is whether the new Part 500 Cybersecurity Rules will affect your business, the answer is most likely yes. Over the past year, the New York Department of Financial Services has issued proposed amendments that will have a significant effect not only on the primarily targeted businesses but on the vendors that serve them...
2023-02-2214 minThe Labor and Employment Podcast“H-1B Cap Season,” With Jennifer BehmIn episode 51 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski and her guest, repeat visitor Jennifer Behm, a partner at Berardi Immigration Law and immigration counsel at Barclay Damon, discuss the process of chasing the elusive H-1B visa. It’s almost time for employers who want to apply for the coveted visa on behalf of a foreign national candidate, whether already in their employ or someone they’re considering. But during what the pros call “H-1B Cap Season,” and considering the random process, will they be successful? Listen in for a rundown of the numbers, includin...
2023-02-1620 minCyber Sip“Cyber Wellness: Tips to Keep Your Business Safe,” With Bill HaberHost Kevin Szczepanski is back with episode 29 of Barclay Damon Live: Cyber Sip™. In this segment, Kevin talks with Bill Haber, co-founder of TEKRiSQ, a cybersecurity company that helps small- and medium-sized businesses minimize technology risks quickly and affordably. Bill’s company approaches its work with a “wellness” philosophy—only recommending solutions after the underlying issues are diagnosed. Bill dispels some common myths, describing how and where his company comes into the mix when businesses are seeking cybersecurity insurance. Listen in for more—and be sure to come back to hear Bill’s co-founder, Dean Mechlowitz, cover in an upcoming episo...
2023-02-0825 minThe Labor and Employment Podcast"Anniversary Edition: Greatest Hits From the First 49 Episodes"It’s host Ari Kwiatkowski’s 50th episode of Barclay Damon Live: Labor & Employment Podcast! To commemorate the occasion, Ari highlights five of the most listened-to episodes from the past, reprising the important content and updates she and her guests have conveyed. Guests we hear from again include Maureen Kielt from the Buffalo Local Office of the EEOC and Barclay Damon partners Rosemary Enright, Randy Oppenheimer, and Scott Rogoff. Listen in, then stay tuned for more great information coming throughout 2023, including on updating employee handbooks, unionization issues, and other hot-button topics. Thanks from Ari and the team for joining us f...
2023-01-2607 minCyber Sip“What’s Up With BIPA?,” With Bryan McCarthyHost Kevin Szczepanski is back with episode 28 of Barclay Damon Live: Cyber Sip™. Kevin and his guest, Bryan McCarthy of Transatlantic Reinsurance Company, explore Illinois’s Biometric Information Privacy Act (BIPA), its 2008 origins, and what it mandates. Bryan, a senior claims examiner for Trans Re, and Kevin agree that the topic of protecting biometric information is critical and timely—whether that information comes from a fingerprint, retinal scan, or facial recognition. Also critically important: knowing if, when, how, and by whom the information is being collected, stored, and destroyed. You might be surprised to learn how broadly applicable this Illino...
2023-01-2525 minThe Labor and Employment Podcast“Dealing With MA Commission Against Discrimination Claims, Part 2,” With Carolyn Marcotte CrowleyIn episode 49 of the Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes back her Barclay Damon colleague Carolyn Marcotte Crowley for part 2 of their discussion on the Massachusetts Commission Against Discrimination (MCAD), beginning with the investigation of claims filed with MCAD. The MCAD investigator reviews submissions, requests additional information if needed, and conducts interviews, among other tactics, to determine if the treatment alleged by the complainant may constitute unlawful discrimination. An investigative conference is also usually held with the parties. Listen in for more, including the differences between the MCAD and the New York State Division of...
2023-01-1921 minThe Labor and Employment Podcast“Dealing With MA Commission Against Discrimination Claims, Part 1,” With Carolyn Marcotte CrowleyWelcome back to the Barclay Damon Live: Labor & Employment Podcast. In host Ari Kwiatkowski’s first episode of 2023, she welcomes Barclay Damon colleague Carolyn Marcotte Crowley to discuss the process of investigating and prosecuting claims of discrimination in Massachusetts. “Dealing With MA Commission Against Discrimination Claims, Part 1” covers the differences in this process between New York, Connecticut, and Massachusetts; there are important variations, including the length of time an employer has to respond, so listen in for this and other vital takeaways. And tune in next time for the second part of this topic with Carolyn. Let’s dig in!
2023-01-1216 minThe Labor and Employment PodcastNew US DOL Independent Contractor Rule: How to Classify PersonnelA quick solo session from Barclay Damon Live: Labor & Employment Podcast host Ari Kwiatkowski, episode 47 introduces listeners to the “New US DOL Independent Contractor Rule: How to Classify Personnel.” With gratitude for her first year of creating this podcast, Ari introduces the topic, her last for 2022. Mentioning some background and shifts between the rule from the Trump to Biden administrations, Ari notes this development is important for both employers and employees in terms of salary, tax issues, minimum wage, exemptions, and overtime eligibility. Listen in to learn how to determine if someone is an employee or an independent contractor, and...
2022-12-1512 minCyber SipDon’t Be the Weakest Link: Good Cyber Hygiene, With Brian RiceIn episode 27 of Barclay Damon Live: Cyber Sip™, host Kevin Szczepanski welcomes back his guest and good friend Brian Rice, chief information technology officer at specialty wholesale insurance broker Synapse LLC. Kevin and Brian explore the ethical and legal ramifications of ineffective cyber defense postures. Addressing the moral obligation for companies—whether a yoga studio, a law firm, or a multi-billion dollar concern—Kevin and Brian cover the duty to protect customer, employee, and business-sensitive data. As they wrap up, Kevin poses this question: What can a company do right now to improve its security posture and minimize exposure to the...
2022-12-1418 minThe Labor and Employment PodcastWhat to Know About the CT Commission on Human Rights and Opportunities, Part 1, With Dan ElliottEpisode 45 of Barclay Damon Live: Labor & Employment Podcast finds host Ari Kwiatkowski switching gears—and states—to talk with her Barclay Damon colleague Dan Elliott about the Connecticut Commission on Human Rights and Opportunities (CHRO). The conversation launches with a description of the CHRO, a state agency that is statutorily empowered to monitor, investigate, and enforce human rights and antidiscrimination laws. Like in New York and other states, an employee can file a complaint with the agency. From there, the process is similar, though there are a few notable differences. Listen in to this brief episode to hear Dan lay...
2022-12-0115 minCyber SipControl, Test, and Train: Best Advice From Brian RiceIn this quick yet important chat with Brian Rice of Synapse Partners LLC, Barclay Damon Live: Cyber Sip™ host Kevin Szczepanski discusses security controls for companies of any size and in any sector. Hear Brian’s point of view (which comes in part from working with companies ranging from seven to 700 people over the course of 20 years) on burning questions like: What’s the number one biggest liability for companies? And what’s the number one best defense against a potential invasion of your systems? Answer: Employees. And training them. Sure, having good cyber insurance coverage is important, but, as Brian...
2022-11-3014 minThe Labor and Employment PodcastBest Practices for Handling Discrimination Lawsuits in State Court, Part 2“Have a plan, and stick to it” is one of the most important things an employer or business can do when litigating a discrimination lawsuit according to Barclay Damon partner Michael Murphy, this week’s guest on Barclay Damon Live: Labor & Employment Podcast. Michael joins host Ari Kwiatkowski in episode 44, part two of their ongoing conversation, “Best Practices for Handling Discrimination Lawsuits in State Court.” Picking up where they left off in the last episode, Ari and Mike define and discuss the discovery process. They touch on expert witnesses, juries, and what realistic timelines are throughout the entire process. Listen in...
2022-11-1722 minThe Labor and Employment PodcastBest Practices for Handling Discrimination Lawsuits in State Court, With Michael MurphyIn episode 43 of the Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes Barclay Damon colleague Michael Murphy for part one of a discussion on handling discrimination lawsuits in state court. As Ari says, Michael’s decades of experience make him “the perfect guest” to give listeners a rundown on practice in state court. Following up on recent conversations with Division of Human Rights and EEOC staff as well as colleague Randy Oppenheimer, who spoke about cases in federal court, Ari and Mike start out with the difference between state and federal court and why, in a discrimination suit...
2022-11-1027 minThe Labor and Employment PodcastUpdate on "Can I Ask That: New York Wage Transparency Laws"In episode 42 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski offers a quick solo segment called “Update on ‘Can I Ask That: New York Wage Transparency Laws.’” While the episode strays from earlier episodes addressing what employers can and can’t ask during job interviews or in applications or include in job postings, this topic is related since recently enacted laws require employers in New York City to post a salary range for existing or new open positions. Noting that other cities have enacted or are considering such laws and a statewide version may be coming soon, Ari says i...
2022-11-0309 minCyber SipDon’t Fall for the Wire Fraud ScamIn this quick solo episode of Barclay Damon Live: Cyber Sip™, host Kevin Szczepanski clues listeners in on some lurking online pitfalls. While Kevin uses the example of attorneys being targeted, the information is applicable to non-attorneys as well. Kevin points out some red flags and some useful prevention techniques as he describes a typical potential scam. (Hint: The scam usually starts with an email that might seem just a little bit off.) Listen in as Kevin goes through five specific red flags to avoid being scammed. And stay tuned for another episode coming soon.
2022-11-0207 minThe Labor and Employment PodcastWhat Employers Need to Know About New York State Division of Human Rights Settlement Conferences and Probable Cause Hearings, Part 3, with Catherine Ostrowski MartinAs Barclay Damon Live: Labor & Employment Podcast host Ari Kwiatkowski likes to say, “Let’s dig in!” In episode 41, the third and final part of her conversation with Catherine Ostrowski Martin, an attorney with the division, she and Catherine talk about what complainants and employers can expect in the last phase of the process, which is the public hearing. Public, you say? That’s right, anyone who wants to can attend, though in Zoom-times, you need to request the link. If the initial settlement conference hasn’t produced a solution, says Catherine, it’s a months-long process of answering the complaint...
2022-10-2720 minThe Labor and Employment PodcastNYS Division of Human Rights Settlement Conferences and Probable Cause Hearings, Part 2, With Catherine Ostrowski MartinIt’s episode 40 of Barclay Damon Live: Labor & Employment Podcast. In this segment, host Ari Kwiatkowski welcomes back Catherine Ostrowski Martin, an attorney with the New York State Division of Human Rights. They continue to discuss what employers need to know about the division’s settlement conferences and probable cause hearings, touching on what happens after the settlement conference. (That’s a settlement agreement, which usually comes with a monetary component and can also include other stipulations, like training or job reinstatement.) They also cover privacy, confidentiality, and what the best attitude is for employer respondents to take. Listen in for...
2022-10-2020 minCyber SipAvoid Cyberattacks: Don’t Click That,” With Rich SheridanJoin Barclay Damon Live: Cyber Sip™ host Kevin Szczepanski as he welcomes Rich Sheridan, senior vice president, chief claims officer for Berkley Cyber Risk Solutions. In this informative episode, “Avoid Cyberattacks: Don’t Click That,” Kevin and Rich review the evolution of cyberspace, especially with regard to the most frequent types of claims insured clients make. Data breaches, malware and ransomware, and fraud frequently trigger claims. Less frequent, due to the rise of encryption, are claims for lost devices. Employee mistakes are still a major driver, asserts Rich, for example, clicking on a link they shouldn’t open. Listen in as Kevi...
2022-10-1920 minThe Labor and Employment PodcastNYS Division of Human Rights Settlement Conferences and Probable Cause Hearings, Part 1, With Catherine Ostrowski MartinIt’s episode 39 of Barclay Damon Live: Labor & Employment Podcast. This week, host Ari Kwiatkowski welcomes Catherine Ostrowski Martin, an attorney with the New York State Division of Human Rights, to delve into what employers need to know about the division’s settlement conferences and probable cause hearings. Following up on Ari’s last two episodes, which were also about the division, she and Catherine bring listeners a general overview of what happens if the division issues a probable cause determination as well as the logistics and the process for the prehearing settlement conference. Be sure to listen in to epi...
2022-10-1321 minThe Labor and Employment PodcastAll Your New York State Division of Human Rights Questions Answered, Part 2, With Debbie KentIn the second part of her conversation with Debbie Kent, regional director of the New York State Division of Human Rights’ Buffalo Office, Barclay Damon Live: Labor & Employment Podcast host Ari Kwiatkowski kicks off the episode by asking what happens after a complaint’s been filed with the division. Then Ari and Debbie discuss the investigation process and possible outcomes. A great reminder from Debbie: the division is a neutral body. And while it’s likely that no one enjoys the process, it’s all about making sure human rights laws are followed. Listen in for more on how the divi...
2022-10-0626 minCyber SipOh, Canada? How to Comply with Canadian Law as a US Business, With Ruth PromislowCheck out episode 23 of the Barclay Damon Live podcast Cyber Sip™, during which host Kevin Szczepanski speaks with Ruth Promislow, a partner at Bennett Jones LLP, one of Canada’s top business law firms. A thought leader in the data-protection, privacy, and security space, Ruth joins Kevin for a lively conversation, starting with the basics: what does a US business with operations, customers, or employees in Canada need to do to comply with Canadian law? Then Ruth covers what constitutes personal information in Canada versus the US definition. Listen in for lots of valuable cross-border information.
2022-10-0330 minThe Labor and Employment PodcastBarclay Damon Live: Labor & Employment Podcast—“All Your New York State Division of Human Rights Questions Answered, Part 1,” With Debbie KentIn episode 37, Barclay Damon Live: Labor & Employment Podcast host Ari Kwiatkowski welcomes Debbie Kent, regional director of the New York State Division of Human Rights’ Buffalo Office. In the first part of the episode, Ari and Debbie share preliminary information about what the division and its mission are, what it does, and how it’s organized. They then turn to how a discrimination complaint is filed and whether every complaint that’s filed is covered, and if it’s covered, what happens? They explain more about the process, including when a case may go to the EEOC instead of the Divi...
2022-09-2925 minThe Labor and Employment PodcastBest Practices for Defending Discrimination Lawsuits in Federal Court, Part 2, with Randy OppennheimerIn part two of “Best Practices for Defending Discrimination Lawsuits in Federal Court,” Ari Kwiatkowski welcomes back her Barclay Damon colleague Randy Oppenheimer to continue their discussion about the process involved in a federal court lawsuit brought against an employer. They talked about an early potential step, a settlement conference, in episode 35. If that step wasn’t conclusive or on the table, it’s off to discovery, says Randy, and this strategic period can have a big effect on the case. Listen in as they go through other possible steps, including a motion to dismiss, mediation process, and summary judgment...
2022-09-2232 minCyber SipFour Things You Can Do Right Now to Improve Your Cybersecurity, With Bill ProhnHost Kevin Szczepanski is back with a new season of the Barclay Damon Live podcast Cyber Sip™. Listen to episode 22 as Kevin welcomes Bill Prohn, director of information technology for Dopkins & Company, an accounting and consulting firm, as well as the managing director of Dopkins System Consultants, an affiliate focused on technology. Bill is also a self-described cyber evangelist, who for years has urged people to try new technology and now advises with absolute conviction that cybersecurity is the underpinning for businesses. As we enter October and Cybersecurity Awareness Month, Kevin and Bill take a look at the month’s th...
2022-09-2126 minThe Labor and Employment PodcastBest Practices for Defending Discrimination Lawsuits in Federal Court, Part 1, with Randy OppenheimerHost Ari Kwiatkowski is back for the season two debut of the Barclay Damon Live Labor & Employment Podcast. Joining her to continue the conversation is Barclay Damon partner Randy Oppenheimer. They begin their discussion, “Best Practices for Defending Discrimination Lawsuits in Federal Court,” with an overview of how the court system is structured, and the different types of judges there are. They then turn to first steps when an employer or business receives notification that they are being sued. Like in many situations, their advice is first, take a deep breath; then call counsel and your insurance agent. The step...
2022-09-1527 minCyber SipAll Things Ransomware, With Lizzie CooksonJoin host Kevin Szczepanski for episode 21 of Barclay Damon Live: Cyber Sip™. Kevin and guest Lizzie Cookson, director of incident response for ransomware remediation firm Coveware, offer an informative and wide-ranging discussion of Lizzie’s work, which includes data-driven profiling of ransomware actors to both predict their patterns and achieve better outcomes for victims. They also talk about how ransomware threats have evolved over the last few years and how they continue to evolve. Kevin and Lizzie then delve into possible results after a ransomware attack. Considering all the factors involved, Lizzie recommends that, when it comes to strategy, comp...
2022-08-1731 minCyber SipThe Present and Future of Cyber Insurance, With Yosha DeLongHost Kevin Szczepanski of Barclay Damon Live: Cyber Sip™ is back with Yosha DeLong, senior vice president and global head of cyber for Mosaic Insurance, to continue their discussion on the past, present, and future of cyber coverage. Kevin and Yosha consider the quickly shifting landscape, including hot topics carriers, underwriters, and policyholders are exploring. They cover what is included in policies, what is not, and how various policies may be worded (it can be difficult to find clarity). Kevin and Yosha agree that risk is increasing—and while the market is tightening, the industry response is expansion. Listen in t...
2022-08-0339 minThe Labor and Employment PodcastHighlights From the EEOC’s Updated Guidance on COVID-19 Testing in the WorkplaceIn the last episode of the season, Ari Kwiatkowski, host of Barclay Damon Live: Labor & Employment Podcast,brings listeners an update on the US Equal Employment Opportunity Commission’s recently revised guidance on COVID-19 testing in the workplace, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” As the virus continues to mutate, infect, and sicken people, how can employers determine if and when it’s permissible to test employees at work? Does workplace testing qualify as a medical examination under the Americans With Disabilities Act? Listen to hear all about these question...
2022-07-2815 minThe Labor and Employment PodcastAll Your EEOC Questions Answered, Part 3, with Maureen KieltWelcome to the final installment of host Ari Kwiatkowski’s conversation with Maureen Kielt, the director of the Buffalo Local Office of the EEOC. In this episode of the Barclay Damon Live Labor & Employment Podcast, “All Your EEOC Questions Answered, Part 3,” Ari and Maureen move discuss the possible outcomes when an employer is subject to an EEOC investigation. Elements that they discuss include the findings of the investigation—either “no probable cause,” case closed, or “cause,” in which case the investigator and agency say that there's probably been a violation of the law. Depending on the findings, the agency then issues a le...
2022-07-2133 minCyber SipBreach Response: What We’ve Learned, With Nick DiCesareOn this episode of Barclay Damon Live: Cyber Sip™, Barclay Damon colleague Nick DiCesare joins host Kevin Szczepanski to continue their conversation from Episode 17 about how companies can reduce their risk if and when they experience a data breach or other negative cyber event. Nick introduces his “wave” theory of data breach or ransomware incidents; from his experience as a breach response coach, Nick has noticed a pattern of post-incident activities repeatedly cresting and then subsiding. Reiterating some information from their previous conversation—such as preparedness, cyber insurance, and knowing your data—they dive deeper into the breach scenario, touching o...
2022-07-2041 min
Cyber SipDon’t Be the Weakest Link: How Insurers Promote Cybersecurity, With Yosha DeLongHost Kevin Szczepanski of Barclay Damon: Live Cyber Sip™ introduces another leader in the cybersecurity world: Yosha DeLong, senior vice president and global head of cyber for Mosaic Insurance, a NexGen global specialty lines insurer. Yosha’s 25-plus years of experience managing liability, professional, and cyber lines make her the perfect guest for episode 18, where she helps Kevin continue his exploration of cyber risk coverage, touching on its history, its shift from a “do we need it?” to a “gotta have it” product, and how Yosha helps educate those who, despite evidence to the contrary, may still not be convinced. A...
2022-07-0630 min
The Labor and Employment PodcastIs Your RTO Policy a Go? Considerations for Requiring a Return to the Office, With Holly NowakEpisode 30 of Barclay Damon Live: Labor & Employment Podcast finds host Ari Kwiatkowski welcoming first-time guest Holly Nowak, founder and president of HMN Resources, to talk about a quandary facing businesses and employers: how to best bring employees back to the office as COVID-19 remains an ongoing issue. Some forms of remote work are here to stay, and employers have to take a look at those policies as well, Ari and Holly agree. Listen in to “Is Your RTO Policy a Go?” for more.
Disclaimer:
This material is for informational purposes only and does not constitute lega...
2022-06-3021 minThe Labor and Employment PodcastADA Accessibility: Is Your Website Compliant? With Rob ThorpeHost Ari Kwiatkowski is back with episode 29 of Barclay Damon Live: Labor & Employment Podcast. She and Barclay Damon colleague Rob Thorpe discuss ADA accessibility for your website. Turning to the Americans With Disabilities Act, Ari and Rob dig into its Title III section, which governs “public accommodations,” the accommodations a business or employer must make for its visitors, customers, and employees. In addition to considering things like wheelchair ramps and handicapped parking, should you consider whether your website or mobile app is accessible to all? The 32-year-old ADA has been variously interpreted. Recent guidance from the Department of Justice says...
2022-06-2320 minCyber SipFour Keys to Prepare for a Data Breach, With Nick DiCesareIn episode 17 of Barclay Damon Live: Cyber Sip, host Kevin Szczepanski welcomes first-time guest and Barclay Damon colleague Nick DiCesare to discuss “Four Keys to Prepare for a Data Breach.” Nick, who serves as co-leader of the Barclay Damon Cybersecurity Team along with Kevin and past guest Charles Nerko, frequently counsels clients on best practices to securely maintain electronically stored information. He’s also a “breach coach,” essentially quarterbacking for clients during data breaches and other cyber incidents. In this informative chat, Nick and Kevin break down the basics that can help businesses be better prepared for the inevitable breach. Li...
2022-06-2236 minThe Labor and Employment PodcastImmigration Focus, Part 3: Tips for Hiring Foreign Nationals, With Rosanna BerardiFor episode 28, the third part of Barclay Damon Live: Labor & Employment Podcast’s focus on immigration, guest host Rosemary Enright is again joined by her colleague Rosanna Berardi, managing partner of Berardi Immigration Law and immigration counsel at Barclay Damon. They first discuss the definition of “foreign national,” basically a non-US citizen born outside the United States. Then following up on their previous discussion, Rosanna describes what might happen to foreign nationals in various scenarios, for example for someone with a student visa from another country who seeks to get hired and needs sponsorship. In their brief yet informative conver...
2022-06-1617 minThe Labor and Employment PodcastImmigration Focus, Part 2: Can I Ask That? Bonus Episode, With Jennifer BehmWith regular host Ari Kwiatkowski still on her Italian honeymoon, Rosemary Enright returns to guest host episode 27 of Barclay Damon Live: Labor & Employment Podcast. It’s a follow up to an earlier conversation, helping listeners understand what is allowable in job postings, applications, and interviews, this time through an immigration lens. Jennifer Behm, a partner at Berardi Immigration Law and immigration counsel at Barclay Damon, joins Rosemary. “First things first,” says Jennifer. “An employer cannot state in a job post that US citizenship is required for employment.” To avoid claims of discrimination or even the appearance of discrimination, employers are advise...
2022-06-0925 min
Cyber SipThe Power of Cyber Insurance, With Laura ZaroskiIn episode 16 of Barclay Damon Live: Cyber Sip, host Kevin Szczepanski welcomes back Laura Zaroski, managing director of Arthur J. Gallagher & Co.’s Law Firms Group, to continue their discussion about the cyber-insurance environment for law firms. They pick up where they left off in episode 14 (available here) with a discussion about the types of cyber coverage law firms should look for. They also address the complex question of whether a firm should purchase ransomware coverage since much of the current best practice is not to pay ransom. Laura gives a valuable reminder of the many free resources available on...
2022-06-0822 minThe Labor and Employment PodcastImmigration Focus, Part 1: How to Sponsor an Employee, With Rosanna BerardiRosemary Enright, a frequent guest on Barclay Damon Live: Labor & Employment Podcast, steps in to guest host while regular host Ari Kwiatkowski enjoys her pandemic-delayed honeymoon. Join Rosemary as she welcomes back colleague Rosanna Berardi, managing partner of Berardi Immigration Law and immigration counsel at Barclay Damon. This episode is all about employer sponsorship and what to do when an employer wants to hire a foreign national. Whether the potential employee is in Canada, China, or anywhere in between, there are many options—and plenty of rules and regulations too. Hear Rosanna break down the process, starting with visa cl...
2022-06-0220 min
The Labor and Employment PodcastBest Practices for Crossing the Canada-US Border, With Rosanna BerardiIn episode 25 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes Rosanna Berardi, managing partner of Berardi Immigration Law and immigration counsel at Barclay Damon. In the first in a series of episodes about the intersection of immigration law and labor and employment law, they discuss border-crossing best practices, referring in particular to the Canada-US border. Rosanna, a former border inspector with 25 years of experience in the field of immigration law, describes current conditions at the Canada-US border, including vaccination requirements and required documentation. Rosanna’s best advice: “Be prepared.” Listen in for more tips.
Discla...
2022-05-2619 minCyber SipVetting Vendors and the Culture of Compliance, With Drew McNicholIn episode 15 of Barclay Damon Live: Cyber Sip, host Kevin Szczepanski welcomes back Drew McNichol, HEALTHeLINK’s director of technology and information security officer. They discuss the differences between the skillsets required for IT versus cybersecurity (there is some overlap), the benefits of using a security dashboard, and some of the ways companies can develop a real culture of compliance, from governance, policies, and procedures to the role individual employees play. Does the fact that you’re certified mean you have a strong information security program? Listen in to learn more.
Disclaimer:
This material is for...
2022-05-2524 minThe Labor and Employment PodcastWhat to Do When the DOL Comes Knocking, Bonus Episode: Top Five Ways to Be Prepared for an AuditEpisode 24 of Barclay Damon Live: Labor & Employment Podcast finds host Ari Kwiatkowski welcoming back colleague Ben Wilkinson for their final talk on Department of Labor audits. Ben and Ari say conducting a multi-pronged self-audit of your business’s wage and hour practices can be key. They offer insight into 1) ensuring your employee classifications are correct; listen in for the fine points. Another area where businesses can strengthen their potential defense if (or when) they are audited by either the New York State or the US DOL is to 2) maintain accurate records and 3) hold on to them for the appropriate le...
2022-05-1915 minThe Labor and Employment PodcastWhat to Do When the DOL Comes Knocking at Your Door, Part 3: NYS AuditsIt’s episode 23 of Barclay Damon Live: Labor & Employment Podcast. Join host Ari Kwiatkowski as she welcomes back her Barclay Damon colleague Rosemary Enright to discuss more on Department of Labor audits, this time with a focus on the New York State DOL’s Labor Standards Division, which has jurisdiction over any New York State employer. As previous guest Ben Wilkinson shared, there are several ways an employer can be targeted for an audit— they’re generally due to an employee complaint, another type of complaint, or random targeting. Rosemary notes that you may never know why, and the best res...
2022-05-1126 min
Cyber SipRisky Business: Does Your Law Firm Have Cyber Insurance? With Laura ZaroskiIn episode 14 of Barclay Damon Live: Cyber Sip, host Kevin Szczepanski introduces listeners to Laura Zaroski, managing director of Arthur J. Gallagher & Co.’s Law Firms Group, to discuss the increasingly competitive environment of cyber insurance specifically for law firms. After addressing the questions of why bad actors target law firms and what the American Bar Association’s rules are around professional conduct vis a vis technology and security, Kevin and Laura get into the nitty gritty of what types of risks law firms face and the most frequent types of claims they file. Laura then shares her experience abou...
2022-05-1125 min
The Labor and Employment PodcastWhat to Do When the DOL Is Knocking at Your Door: Audits Under Federal Law, Part 2In episode 22 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes back her colleague Ben Wilkinson for further conversation about what to do when the US DOL is at your door. After the last episode provided background and context—and a reminder that the US DOL has no obligation to let an employer know if or when an audit will take place—Ben confirms that the best course for employers during an audit is to be as cooperative and communicative as possible. Tune in for more on the investigation phase, what the Fair Labor Standards Act covers, what...
2022-05-0529 minThe Labor and Employment PodcastWhat to Do When the DOL Is Knocking at Your Door: Audits Under Federal Law, Part 1In episode 21 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes another Barclay Damon colleague, Ben Wilkinson, to discuss US Department of Labor (DOL) audits. The first part of this multi-part series gives an overview of the DOL and what the agency oversees and enforces, including the Fair Labor Standards Act. The Occupational Safety and Health Administration (OSHA), the DOL’s Office of Inspector General, and its Wage and Hour Division (WHD) are also under the DOL umbrella. The WHD’s responsibilities include conducting audits to ensure minimum-wage compliance, and Ben and Ari discuss what types of empl...
2022-04-2820 minCyber SipThree Secrets About Cyber Insurance, With Kelly GearyIt’s episode 13 of Barclay Damon Live: Cyber Sip, and host Kevin Szczepanski welcomes back Kelly Geary of Epic Insurance Brokers & Consultants to discuss trends and coverage issues in cyber insurance. Kelly says terms like “computer system” and “network” are the heart and soul of a cyber-insurance policy and advises, when reviewing a policy, to make sure the definition in the policy matches the reality of your technology setup and usage. Just the word “cyber” in a policy doesn’t mean you’re covered. And what about coverage in a ransomware context? Can you get reimbursed if you’ve paid ransom? There’s...
2022-04-2725 minThe Labor and Employment PodcastFlipping the Script: What to Know About Physician Contracts, With Dr. Andrew TisserIn episode 20 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes Dr. Andrew Tisser of Sisters of Charity Hospital and host of the podcast “Talk 2 Me Doc,” where he discusses issues facing early-career physicians. In a turn of events, Andrew interviews Ari, with questions from his podcast listeners and social media followers. Starting with the basics—“Are physician contracts important?” (Answer: yes!)—Ari offers her take on the elements to consider regarding contracts for physician employers and employees at any career stage, including the time period covered by the contract, specified duties, practice locations, benefits, noncompete clauses, and more. Tu...
2022-04-2128 minThe Labor and Employment PodcastWhat's Up With COVID-19 Vaccination Mandates: Where Are We Now?In episode 19 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski reviews updated Equal Employment Opportunity Commission guidance with respect to vaccination laws and programs and Title VII and religious accommodations. Quickly covering the New York State vaccine rule, the Centers for Medicare & Medicaid Services mandate, and the OSHA Emergency Temporary Standard rule and how they interact with Title VII issues, Ari then describes the potential conflict created by the various rules and mandates, particularly as they apply to employees who want to opt out of vaccine mandates due to sincerely held religious beliefs. Listen in for more.
2022-04-1418 minCyber SipHEALTHeLINK, SHIN-NY, and High Tech: Safeguarding Clinical Data, With Drew McNicholJoin host Kevin Szczepanski for episode 12 of the Barclay Damon Live podcast Cyber Sip, where Kevin introduces listeners to Drew McNichol, HEALTHeLINK’s director of technology and information security officer. HEALTHeLINK is one of six health information exchanges in SHIN-NY, the Statewide Health Information Network for New York. Drew speaks from long experience about the challenges and importance of cybersecurity and controls to ensure the massive amounts of protected data in the highly regulated health care space stay protected. He discusses topics like assessment and certification and notes that, even for small to mid-size companies (and not just in he...
2022-04-1332 minThe Labor and Employment PodcastCan I Ask That, Bonus Episode: Exception to At-Will Employment in NYSIn this brief episode of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski gives her last word (for now) on employment applications and employee handbooks, citing a niche 80s court decision having to do with an exception to New York’s at-will employment doctrine. In this case, Weiner v. McGraw-Hill, the court decided against the employer’s request to dismiss the case based on the plaintiff’s arguments that, despite the employee handbook stating that he could only be terminated for “just cause,” he had been terminated without just cause. With no employee contract or other formal agreement in place...
2022-04-0708 minThe Labor and Employment PodcastGuide to Employee Handbooks, Part 3: Recommended and Optional Policies, With Megan BahasEpisode 17 of Barclay Damon Live: Labor & Employment Podcast finds host Ari Kwiatkowski and her Barclay Damon colleague Megan Bahas concluding their conversation about employee handbooks. They discuss recommended and optional policies for employers to include in their handbooks; some are helpful to clarify issues and others in case the need arises to defend employment-related claims. Ari and Megan also delve into policies around timekeeping, benefits and vacation time, media and social media, employee conduct, and more. Touching on the National Labor Relations Board, they note NLRB regulations apply to all businesses, not just those that are unionized. Listen in...
2022-03-3120 minCyber Sip10 Traps in Technology Contracts, With Charles NerkoIn episode 11 of Barclay Damon Live: Cyber Sip,“10 Traps in Technology Contracts,” host Kevin Szczepanski speaks with his colleague Charles Nerko, co-leader of Barclay Damon’s Cybersecurity Team. Referring to various technology vendors, you’ll hear conversation on maximizing the value and reducing the risk in critical business transactions. Many traps can be avoided, say Kevin and Charles, either during the contract process or by making sure you’ve got processes implemented to account for certain contract clauses, like non-renewals. From trap #1, what Charles calls the “entire agreement provision,” to #10, audits, count on this episode. And stay tuned for more soon....
2022-03-3027 minThe Labor and Employment PodcastGuide to Employee Handbooks, Part 2: Mandatory Policies, With Megan BahasWelcome to Barclay Damon Live: Labor & Employment Podcast, episode 16. This week, host Ari Kwiatkowski talks with Barclay Damon colleague Megan Bahas about employee handbooks. They start off with high-level questions, like, “When does an employer need a handbook?” “When don’t they?” “If you do need one, what should be in it?” Learn about how the number of employees, your industry, and your geographic locations can affect the requirements for your handbook and policies. Is a business’s workforce fully or partially unionized? That will have an effect as well. Learn more from this quick but mighty episode, and be sure to tune...
2022-03-2418 minCyber SipWhy I Left the FDIC, and Overcoming "Tech Hesitancy," With Sultan Meghji, Part 2In episode 10 of Barclay Damon Live: Cyber Sip, a bonus segment featuring Sultan Meghji, host Kevin Szczepanski learns more about the former FDIC chief innovation officer’s experience at the federal agency and why he left after a year. Not surprisingly, Sultan, an innovative 30-year veteran of the security and technological sectors, found politics and bureaucracy to be impediments to accomplishing his goals. As Sultan wrote in a recent Bloomberg opinion piece, he has recommendations for overcoming tech hesitancy and maximizing the public sector’s use of innovative technologies that include civil service reform, education and training, and more gove...
2022-03-2327 minThe Labor and Employment PodcastGuide to Employee Handbooks: What’s New in 2022, Part 1, With Rosemary EnrightIn episode 15 of the Barclay Damon Live: Labor & Employment Podcast, “Guide to Employee Handbooks: What’s New in 2022, Part 1, With Rosemary Enright,” host Ari Kwiatkowski welcomes back her Barclay Damon colleague to talk updates in requirements for employers regarding employee policies and handbooks. Are employee handbooks even required in New York? No, but for both employers’ and employees’ protection, if you have, say, 15 or more employees, it’s a good idea. They also discuss the still-in-effect Hero Act as well as changes to executive exemptions, paid sick leave, whistleblower protections, and more. And be sure to tune in next week when Ba...
2022-03-1724 minCyber SipRussian Cyber Threats, the FDIC, and "Tech Hesitancy," With Sultan Meghji, Part 1In episode 9 of the Barclay Damon Live podcast Cyber Sip, host Kevin Szczepanski talks with industry leader and scholar Sultan Meghji, who recently served as the first chief innovation officer at the Federal Deposit Insurance Corporation (FDIC). The episode, the first in a two-part series, delves into Sultan’s experience at the FDIC, where despite his mandate to transform how the agency operates; assess the US banking ecosystem in terms of cybersecurity, resilience, and equity; and strategize the agency’s interoperations with all of its regulatory partners, he encountered a gamut of attitudes, from hesitant to resistant. Listen in to h...
2022-03-1633 minThe Labor and Employment PodcastCan I Ask That, Part 3: Employee Interviews, With Scott RogoffIn episode 14 of the Barclay Damon Live Labor & Employment Podcast, Ari welcomes back her Barclay Damon colleague Scott Rogofffor the last segment in their “Can I Ask That?” series. They discuss employee interviews, including preparation, question phrasing, and what to put in your notes (and what not to). They advise interviewers to aim for consistency and be an active listener, also sharing pointers on what to do if an applicant discloses protected information. Accommodations for people with disabilities during interviews is another important topic, as well as keeping the focus on the job requirements, rather than on the applicant’s pers...
2022-03-1032 minThe Labor and Employment PodcastCan I Ask That: Job Postings and Applications, Part 2, With Scott RogoffIn episode 13 of the Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes back her Barclay Damon colleague Scott Rogoff to continue their conversation, “Can I Ask That: Job Postings and Applications, Part 2.” Ari and Scott explore questions that can (and cannot) be asked during the job application or interview process. Touching on what to do if an applicant volunteers prohibited information, such as salary history, criminal record, or drug use, they also explore how to get information that is allowed and what the process is under the allowable approaches. Don’t miss it, and tune in for the ne...
2022-03-0325 min
Cyber SipState of the Market – Cybersecurity Insurance, With Kelly GearyIn Episode 8 of the Barclay Damon Live Cyber Sip Podcast, Kevin welcomes Kelly Geary, national executive risk and cyber practice leader of Epic Insurance Brokers & Consultants, for a conversation about the “State of the Market—Cybersecurity Insurance.” Kelly, a recognized leader in cyber insurance, shares a little history as well as practical takeaways that listeners can benefit from when shopping the market for cyber insurance. While there are many policies out there, Kevin and Kelly explain, there is little standardization. And with quickly changing risks and the increasing demand, finding coverage can be challenging.
Disclaimer
This m...
2022-03-0217 minThe Labor and Employment PodcastCan I Ask That: Job Postings and Applications, With Scott RogoffIn episode 12 of the Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes Barclay Damon colleague Scott Rogoff for a three-part series: “Can I Ask That: Job Postings and Applications.” Ari and Scott lay the groundwork about the laws in play around job descriptions, applications, interviews, and job offers. They describe both traditional and newer protected groups of people, also known as classes, delving into the nuances of eliciting relevant information you need during an interview—and avoiding information you don’t need and questions you can’t ask. Listen closely for important tips, and tune in next time for p...
2022-02-2425 minThe Labor and Employment PodcastExplaining the Requirements of the New York HERO Act, With Brienna ChristianoIn episode 11 of the Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski introduces listeners to a Barclay Damon colleague, Brienna Christiano, as they discuss the two-part New York HERO Act (that’s the NY Health and Essential Rights Act), which addresses employees’ rights and employers’ responsibilities regarding occupational exposure to airborne infectious diseases. In this episode, another in Ari’s COVID-19 series, topics range from how the HERO Act was enacted to ways employers can find resources to help make sure they’re staying with the plan—including late-breaking news about Governor Hochul lifting the New York mask mandate and...
2022-02-1731 min
Cyber SipAll of Those Media Stories About Cybersecurity—What Do They Mean?It’s episode 7 of the Barclay Damon Live podcast Cyber Sip! Tune in with host Kevin Szczepanski for an overview of media stories about all things cyber and what your response to the constant coverage might be. There’s an onslaught of information, says Kevin, and it can be difficult to make sense of it all. Regardless of your industry, what are the implications for your business? What should you do? Listen as Kevin lists three practical tips to take away from stories about topics like the Log4j vulnerability and FTC updates to the Gramm-Leach-Bliley Act Safeguards Rule. Tune...
2022-02-1609 minThe Labor and Employment PodcastUpdates on COVID-19 Isolation and Quarantine Guidelines, Featuring Rosemary EnrightIn this week’s episode, Ari welcomes back Rosemary Enright, Barclay Damon’s Labor & Employment Practice Group leader, to go over recent updates to the Centers for Disease Control and Prevention’s COVID-19 quarantine and isolation guidelines that have been adopted in New York State. Following up on their conversation from Episode 2, Ari and Rosemary talk about the difference between quarantine and isolation, when to start the clock on the number of isolation days required, and what is involved with getting an affirmation of isolation as proof for employers. Tune in to learn more.
DISCLAIMER:
This mat...
2022-02-1022 minThe Labor and Employment PodcastWhat's Up With COVID-19 Vaccination Mandates? Part 3: OSHA's Test-Out Rule, With Michael SciottiIn episode 5 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski continues her conversation on COVID-19 workplace issues, including vaccine mandates and New York State rules. In this third COVID-19 episode, and the second part of her conversation with colleague Michael Sciotti, they dig deep into the OSHA vaccination and testing emergency temporary standard (ETS). What does it mean for employers? Can employees ask about their coworkers’ COVID-19 status? What is acceptable in terms of proving an employee’s vaccination or test status? Why should employers track the status of employees that work 100 percent remote? Get the answers here...
2022-01-0630 minThe Labor and Employment PodcastWhat’s Up With COVID-19 Vaccination Mandates? Part 2: OSHA Vaccination Rule, With Michael SciottiIn this week’s episode of Barclay Damon Live: The Labor & Employment Podcast, host Ari Kwiatkowski gets answers from Michael Sciotti, partner at Barclay Damon. Ari and Michael explore topics related to COVID-19 vaccine policies and the OSHA emergency temporary standards (ETSs), including breaking news that the ETSs are now in effect after a recent court ruling. With such a quickly shifting landscape, don’t miss this discussion about which employers and workforces are covered under the OSHA ETSs, how unions make a difference, and which categories of employees are covered—part-time? Full-time? Contractors? Are there any exceptions? Get the ni...
2021-12-3035 minThe Labor and Employment PodcastWhat's Up With COVID-19 Vaccination Mandates? Part 1: CMS and NY Vaccine Rules, With Maggie SurowkaIn the third episode of the Barclay Damon Live! Labor & Employment podcast, host Ari Kwiatkowski, of Barclay Damon, talks with another Barclay Damon colleague, Maggie Surowka, about current COVID-19 vaccine mandates and rules, with a particular focus on the health care space in New York state. Addressing recent mandates from the Centers for Medicare and Medicaid Services (CMS), and the New York state vaccine rules, Ari and Maggie agree that it can be confusing, especially considering the moving targets affected by both the constantly shifting pandemic, and state and federal court challenges, rulings, and stays. Listen in as they...
2021-12-2342 min
The Labor and Employment PodcastSetting the Record Straight on COVID-19 Sick PayIn Episode 2 of the Labor and Employment podcast, Ari Kwiatkowski of Barclay Damon welcomes her colleague and L&E Practice Group lead Rosemary Enright, of Barclay Damon. The conversation, entitled “Setting the Record Straight on COVID Sick Pay,” takes a thorough look at the new New York state laws regarding COVID-19 sick leave, including what information employees must share if they are ordered to quarantine or isolate and asking for leave to which they are entitled. (Hint: No, it’s not a HIPAA violation for employers to ask for proof of quarantine or isolation orders from an official agency.) They a...
2021-12-1536 min
The Labor and Employment PodcastWelcome to the Labor & Employment PodcastIntroducing the Labor & Employment Podcast, with host Ari Kwiatkowski. In this brief intro, meet host Ari Kwiatkowski of Barclay Damon, and hear her briefly describe the format of this exciting new Barclay Damon Live podcast. With weekly episodes, each new segment will explore topics covering labor and employment matters, with a keen eye on ever-evolving legal changes of importance to all types and sizes of employers. The first segment, with four or five episodes, addresses the topic on everyone’s mind right now, COVID-19, and how the ongoing pandemic is affecting workplace issues, including paid sick leave, vaccination leave an...
2021-12-1502 min
Cyber SipThe Three Cs of Cybersecurity for Vendor RelationshipsWelcome to the Cyber Sip, a Barclay Damon Live Production, where our host Kevin Szczcepanski will provide practical talk about cybersecurity. In this first episode, Kevin will cover the 3 Cs of cybersecurity for vendor relationships and will talk through a roadmap on protecting your business, while placing yourself in the strongest position to defend your organization in case anything goes wrong.
2021-12-0807 min
Barclay Damon Live Presents: The Cannabis CounselorConnecticut’s Adult-Use Cannabis LegislationThis week, Aleece discusses Connecticut’s recent legalization of adult-use cannabis. On June 22, 2021, Connecticut Governor Ned Lamont signed Senate Bill 1201, or An Act Concerning Responsible and Equitable Regulation of Adult-Use Cannabis, into law. Connecticut is the fourth state this year to legalize adult-use cannabis, on the heels of New York, New Mexico, and Virginia. Barclay Damon, which has an office in New Haven, has been closely tracking cannabis legalization developments in Connecticut. Tune in to hear Aleece go into greater detail about key elements of Connecticut’s cannabis legalization legislation, including when the state expects sales to begin, the prog...
2021-07-0626 minBarclay Damon Live Presents: The Cannabis CounselorEffects of the MRTA on Municipalities and Operators, Featuring Corey AuerbachThis week, Aleece interviews Corey Auerbach, partner, Land Use & Zoning Practice Area co-chair, and member of the Cannabis Team at Barclay Damon. Corey gives a background on the type of clients with whom he most frequently works. He also explains what municipalities and operators need to know about the MRTA to prepare themselves for when the rules and regulations are released. A key topic Aleece and Corey cover is whether municipalities will opt in and what the ramifications could be if they choose to opt out. Corey goes into more detail about the process of opting out and opting...
2021-06-2218 minBarclay Damon Live Presents: The Cannabis CounselorMWBE and Social Equity Go Hand in Hand, Featuring David BurchThis week, Aleece interviews David Burch, the go-to member of Barclay Damon’s Cannabis Team regarding social equity, about minority and women owned business enterprises (MWBEs). David explains his background with MWBEs, the certification process, and what the basic qualifications are to be considered an MWBE. MWBEs fit into the social equity provision of New York State’s cannabis legislation. Tune in to hear more about MWBEs and how they go hand in hand with the MRTA.
DISCLAIMER:
This material is for informational purposes only and does not constitute legal advice or a leg...
2021-05-0419 minBarclay Damon Live Presents: The Cannabis CounselorMRTA and NYS Labor and Employment Law, Featuring Chris HarriganThis week, Aleece interviews Chris Harrigan, a member of Barclay Damon’s Labor & Employment Practice Area and Cannabis Team, about how the Marijuana Regulation and Taxation Act (MRTA) pertains to labor and employment law. Chris explains that changes to the New York Labor Law, specifically § 201-d, make using legal marijuana comparable to drinking alcohol in the eyes of the law. Chris and Aleece touch on pre-employment drug testing, drug testing and discipline for established employees, exceptions to the general rule for disciplining and terminating employees for marijuana use, and key takeaways for employers. Tune in to hear Chris’s persp...
2021-04-2011 minBarclay Damon Live Presents: The Cannabis CounselorNew Jersey’s Cannabis Legislation with Gabby FigueroaThis week, Aleece interviews Gabby Figueroa, associate at Barclay Damon, about New Jersey’s cannabis legislation. Gabby is admitted to practice in New Jersey and is a member of the firm’s Cannabis Team, focusing on tracking developments in the New Jersey cannabis industry and providing guidance on regulatory compliance to cannabis businesses in New Jersey. On February 22, 2021, three different bills were signed by New Jersey Governor Phil Murphy: a legalization bill, a decriminalization bill, and a bill for cannabis-related penalties for underage people. Gabby also talks about how cannabis legalization in New Jersey has affected people who have been...
2021-03-0915 minBarclay Damon Live Presents: The Cannabis CounselorHempIn this episode, Aleece breaks down New York State’s hemp licensing structure since the passage of the hemp extraction bill, which aims to expand the state’s hemp program. The types of licenses include: a hemp retail license, a hemp distribution license, a manufacturing license, and a processor license. One of the most important licenses, in Aleece’s opinion, is the manufacturing license. Tune in to find out why. If you’re interested in New Jersey’s cannabis regulations, listen to next week’s episode in which Aleece speaks with Gabby Figueroa, an associate at Barclay Damon, about the New Jers...
2021-03-0111 min