Shows
The XpertHR Podcast (US)What the Supreme Court's Vaccine Mandate Rulings Mean for EmployersWith the Supreme Court blocking the Biden administration's vaccine-or-test mandate for large employers from taking effect, what happens next? And, does the ruling leave companies on their own when it comes to vaccine-related safety measures? XpertHR Legal Editor David Weisenfeld breaks down this monumental ruling striking down the COVID-19 Emergency Temporary Standard (ETS) that would have affected an estimated 84-million employees, and a separate opinion upholding a vaccine requirement for health care workers. Meanwhile, XpertHR Legal Editor Melissa Boyce, who leads our vaccination resource coverage, discusses how employers can proceed now that the Supreme Court has spoken.2022-01-2119 min
The XpertHR Podcast (US)California Employment Law Changes to Watch in 2021Littler employment shareholders Bruce Sarchet and Emily Patajo join XpertHR Legal Editor David Weisenfeld for an in-depth look at the many new developments affecting California employers in 2021. Some of the more notable developments include the: Expansion of the California Family Rights Act to apply to employers with five or more employees; New pay data-reporting requirements for employers with 100 or more employees; Emergency COVID-19 workplace safety regulations; Changes to the California Consumer Privacy Act; and Added diversity requirements for the boards of publicly held corporations. 2020-12-1529 min
The XpertHR Podcast (US)FFCRA's December 31 Expiration Date Looms Large for HROn this podcast, Littler employment attorney Natasha DeCourcy joins XpertHR Legal Editor David Weisenfeld to discuss what happens if the Families First Coronavirus Response Act and its federal paid leave provision is allowed to expire on December 31. DeCourcy takes employers through all the potential contingencies, including whether an expiration also means the end of an employer's ability to continue claiming tax credits. She also advises that employers should not mention the FFCRA, or anything related to COVID, at all in their employee handbooks because of the fleeting nature of these requirements.2020-12-0215 min
The XpertHR Podcast (US)What the Biden Presidency Could Mean for EmployersThis podcast explores the various changes employers should expect after President-elect Biden takes office on January 20, as Proskauer employment attorneys Anthony Oncidi and Laura Fant join XpertHR Legal Editor David Weisenfeld. Oncidi heads the labor and employment group at Proskauer's Los Angeles office while Fant practices with the firm's New York City office. While there would have been more developments had the Democrats taken control of the Senate (at best they can achieve a 50-50 split), Oncidi and Fant agree there will be significant action at the regulatory level. 2020-11-1228 min
The XpertHR Podcast (US)Handling Employee Social Media Use Amid the 2020 ElectionLong-time employment attorneys Jonathan Hyman and Robin Shea, both accomplished bloggers on workplace issues, join XpertHR Legal Editor David Weisenfeld for a wide-ranging discussion about employee social media use. Generally speaking, employers can hold an employee responsible for posts on their personal social media accounts. But there are lots of exceptions to the rule. "Employers can't get too draconian or employees will perceive them as Big Brother," said Hyman. "The message shouldn't be 'don't post political stuff.' It should be 'let's be respectful.'" Shea asserted that employers must avoid content-based judgments. "You can't allow pro-Biden pos...2020-10-0126 min
The XpertHR Podcast (US)Back to School Leave Issues Bedeviling EmployersA new school year has started, and it is presenting unprecedented challenges for working parents and employers. Many schools are physically open on a reduced schedule or 100% remote. The US Department of Labor recently tried to clear up confusion regarding an employee's eligibility for leave under the Families First Coronavirus Response Act (FFCRA) when a child's school is on a hybrid or remote schedule. On this podcast, Littler employment shareholder Jeff Nowak joins XpertHR Legal Editor David Weisenfeld to discuss a host of back to school leave issues. Nowak is sympathetic to the plight many parents are fa...2020-09-1121 min
The XpertHR Podcast (US)Recruiting During a Global Pandemic - How Employers Must AdaptHR is at a tipping point, and must take a fresh look at how it approaches job candidates and employees. That's according to Ira Wolfe, author of "Recruiting in the Age of Googlization: When the Shift Hits Your Plan," who joins XpertHR Legal Editor David Weisenfeld to discuss recruiting challenges during this time of uncertainty. Wolfe is the president of Success Performance Solutions and often presents at SHRM conferences.2020-08-1822 min
The XpertHR Podcast (US)Courageous Workplace Conversation About Racial InequalityIn our continued look at diversity and inclusion issues, corporate culture consultant Joy Stephens joins XpertHR Legal Editor David Weisenfeld to discuss the importance of having serious conversations about racial inequality to create greater understanding among your employees. That includes raising questions with your management team. "If black people make up 10% or 11% of the country, why don't they make up 10% or 11% of the leadership team?" asked Stephens. "If you have an all-white executive board, ask yourself why." Noting that diversity is no longer an expendable line item, Stephens said she would like to see these conversations extend...2020-07-2721 min
The XpertHR Podcast (US)LGBT Workers Win Blockbuster Supreme Court RulingThe Supreme Court broke new ground with its 6-3 ruling that an employer that fires someone merely for being gay or transgender violates Title VII of the Civil Rights Act. The Court's decision is a major victory for LGBT employees, who had lacked basic job protections in more than half of the states. Anthony Oncidi, head of the labor and employment group for Proskauer's Los Angeles office, joins XpertHR Legal Editor David Weisenfeld to discuss the ruling's significance, what it means for employers and what the next big workplace issue will be at the nation's highest court.2020-06-1818 min
The XpertHR Podcast (US)How Employers Should Respond to George Floyd AftermathThe co-author of a Harvard Business Review article on why US businesses must take meaningful action against racism, Laura Morgan Roberts, and the co-chair of Littler's EEO and Diversity Practice Group, Cindy-Ann Thomas, join XpertHR Legal Editor David Weisenfeld for a discussion about the nationwide response to George Floyd's suffocation death at the hands of police in Minneapolis. Roberts and Thomas discuss the importance of candor in corporate messages. It's especially important not to couch terms or tiptoe around the realities of the situation, said Thomas. "Employers need to show they understand by using words in their sta...2020-06-0540 min
The XpertHR Podcast (US)COVID-19 Employer Reopening Compliance ChallengesEmployers are facing numerous dilemmas as they prepare to reopen their worksites. New York City employment attorney Jason Habinksy joins XpertHR Legal Editor David Weisenfeld to discuss how to handle these return-to-work challenges without violating employment laws. Habinsky chairs the labor and employment practice group at Haynes and Boone. "HR professionals will be additionally busy as we return to the workplace," said Habinsky. "A big part of that is going to be reassuring employees that their employer is taking steps to protect them." Habinsky notes that the next phase after returning to work will likely be the co...2020-05-1319 min
The XpertHR Podcast (US)What Will Post-Pandemic Workplaces Look Like?Employers are facing many challenges as they weigh what a return to work will entail, and how it can be done safely. On this podcast, Global Workplace Analytics President Kate Lister joins XpertHR Legal Editor David Weisenfeld for a wide-ranging conversation about the future of work and what offices may look like in the years ahead. "The genie is not going back in the bottle with telework," said Lister. "The surveys we've done show the large majority of people who hadn't worked from home before want to continue doing it." Meanwhile, amidst the business downturn, she...2020-04-2922 min
The XpertHR Podcast (US)Reducing Anxiety Amid the COVID-19 Mental Health CrisisOn this podcast, Brower joins XpertHR Legal Editor David Weisenfeld to discuss the crisis and offer tangible ways to reduce stress. She also addresses how managers can help, including understanding mental illness under the Americans with Disabilities Act. Brower has written a book about creating work-life fulfillment and has engaged with many Fortune 500 companies during her career. Some tips include: Maintaining a daily routine; Being grateful for the little things; Setting boundaries (e.g. not talking coronavirus over dinner); and Limiting time reading or watching the news. 2020-04-2320 min
The XpertHR Podcast (US)Families First Coronavirus Response Act - Key Employer TakeawaysMillions of US workers are able to receive federally mandated paid leave for the first time under the Families First Coronavirus Response Act (FFCRA). But with few employers unscathed by the COVID-19 crisis, many are wondering what this emergency law means for them. Littler employment attorney Jeff Nowak, a leading authority on leave law issues, joins XpertHR Legal Editor David Weisenfeld to break down the FFCRA. "This new law is fraught with compliance issues," said Nowak. What concerns him the most is how employers will take paid leave into account in conjunction with the Family and Medical L...2020-04-1619 min
The XpertHR Podcast (US)Handling COVID-19 Plant Closing and Furlough IssuesThe news has been rather bleak on the employment front of late to say the least. A record 6.6 million Americans filed unemployment benefits claims last week, after nearly 3.3 million unemployment benefits claims were filed two weeks ago, up from just 200,000 one month ago. At the heart of this has been the spiraling number of business closings and temporary shutdowns taking place amid COVID-19. On this podcast, Ford Harrison employment attorney Amy Turci joins XpertHR Legal Editor David Weisenfeld to discuss what employers need to know about the Worker Adjustment Retraining and Notification (WARN) Act, plant closings and te...2020-04-0313 min
The XpertHR Podcast (US)How Employers Should Handle Coronavirus ConcernsWith the coronavirus (or COVID-19) permeating every aspect of American life, much of the focus is on workplace implications. This podcast takes a deep dive into the issues as longtime Ogletree Deakins employment attorney Kathy Dudley Helms, managing shareholder of the firm's Columbia, South Carolina, office, shares her insights in a wide-ranging conversation with XpertHR Legal Editor David Weisenfeld.2020-03-1323 min
The XpertHR Podcast (US)Why Class Action Employment Cases Are on the RiseOn this podcast, Seyfarth Shaw partner Gerald Maatman discusses the record rate for employment law class actions in 2019 with XpertHR Legal Editor David Weisenfeld, a trend employers cannot afford to ignore. Maatman authored the firm's 16th Annual Workplace Class Action Litigation Report, which pointed to "seismic shifts" in the employment law class action landscape.2020-02-1817 min
The XpertHR Podcast (US)New 2020 California Laws Pose Challenges for EmployersOn this podcast, Littler shareholder Bruce Sarchet takes a deep dive into the many new California employment laws effective January 1, 2020, with XpertHR Legal Editor David Weisenfeld. Sarchet highlights AB 5, which would reclassify an estimated 2 million workers in California from independent contractors to employees.2019-12-2329 min
The XpertHR Podcast (US)Office Holiday Party Hazards and How to Avoid ThemOn this podcast, longtime North Carolina employment attorney Robin Shea joins XpertHR Legal Editor David Weisenfeld to discuss workplace parties and how employers can ensure their annual holiday celebration steers clear of legal risks.2019-12-1614 min
The XpertHR Podcast (US)Supreme Court Hears Landmark LGBT CasesThis podcast features a unique look inside the Supreme Court as XpertHR Legal Editor David Weisenfeld reports on whether Title VII of the Civil Rights Act protects employees from being fired based on their sexual orientation, transgender or transitioning status. The justices heard oral arguments on October 8, with rulings not expected until 2020. The Court appeared deeply divided in what figures to be the most closely watched employment law controversy of its term. Bostock v. Clayton County, Georgia and Altitude Express v. Zarda involve a pair of gay men who claimed they lost their jobs because of their sexu...2019-10-1611 min
The XpertHR Podcast (US)How Second Chance Hiring Can Uncover Untapped TalentOn this podcast, Society for Human Resource Management (SHRM) CEO and President Johnny C. Taylor Jr. speaks with XpertHR Legal Editor David Weisenfeld about the importance of second chance hiring of individuals with a criminal history. Taylor said employers cannot afford to ignore this untapped talent pool, especially amidst the growing labor shortage. Since taking the helm at SHRM nearly two years ago, Taylor has made this issue a top priority for the 300,000-plus member organization. One CEO told Taylor, "We are flush with cash. Our problem is human capital. We can't find enough of the right...2019-10-0721 min
The XpertHR Podcast (US)Stopping Pregnancy Discrimination Before It StartsMany employers continue to get tripped up with compliance issues involving pregnancy. That's why long-time employment attorney Robin Shea, of Constangy, Brooks, Smith & Prophete, joins XpertHR Legal Editor David Weisenfeld on this podcast to discuss pregnancy discrimination pitfalls and how to avoid them. Light-duty programs are a real trap with pregnant employees, according to Shea. "I'm still seeing employers who offer "make-work" light duty for work-related injuries but do not offer it for anybody else. And that could be a problem under the [Supreme Court's] Young vs. UPS standard," she said. In that case, the employer accommodated...2019-08-0519 min
The XpertHR Podcast (US)Drug Testing in the Marijuana Legalization AgeOn this podcast, New Hampshire employment attorney Jim Reidy discusses with XpertHR Legal Editor David Weisenfeld whether employers should still be testing for marijuana on their drug screens. With 33 states having legalized some form of medical marijuana and 10 more plus the District of Columbia having legalized recreational use, the issue is growing in importance. New York City recently passed a groundbreaking preemployment drug testing ban for marijuana, and Maine has a similar ban. Reidy called these laws, "The wave of things to come." But he expects that safety-sensitive positions will always be exceptions.2019-06-0516 min
The XpertHR Podcast (US)Supreme Court 2019 - Arbitration, LGBT Are Top Workplace DevelopmentsThis podcast takes an in-depth look at key developments from this year's Supreme Court term affecting employers with Anthony Oncidi, head of the Labor and Employment Group for Proskauer's Los Angeles office, and XpertHR Legal Editor David Weisenfeld. Most notably, the Court held 5-4 in Lamps Plus, Inc. v. Varela that employees may not compel their employer to face classwide arbitration when an arbitration agreement is ambiguous as to whether the parties agreed to submit disputes to class arbitration. It marks the latest in a series of close decisions permitting companies to bar class actions in court as...2019-05-2228 min
The XpertHR Podcast (US)Why Diversity and Inclusion Matters More Than EverOn this podcast, Littler employment attorney Cindy-Ann Thomas, co-chair of the firm's EEO & Diversity Practice Group joins XpertHR Legal Editor David Weisenfeld for a deep dive into diversity and inclusion issues. "Diversity is really not the problem for most employers, it's inclusion," said Thomas. This means taking a good, hard look at the organization's systems and practices. Nonetheless, Thomas noted that it is important for employers to ensure their interviewing panels are diverse. Otherwise, she asserted, "You end up with a team of mini-me's."2019-05-0920 min
The XpertHR Podcast (US)Will Nationwide Paid Family Leave Ever Become Reality?While the US is the only industrialized country that does not guarantee its citizens paid family leave, there is a growing push to change that. On this podcast, the Society for Human Resource Management's (SHRM's) Lisa Horn joins XpertHR Legal Editor David Weisenfeld to discusses how the various proposals might fare amidst gridlock in Congress. Horn is SHRM's vice president of policy engagement. Speaking at SHRM's Employment Law and Legislative Conference in Washington, DC about the possibility of paid family leave, Horn said, "It absolutely has to be bipartisan to get anywhere in this town." Horn added, th...2019-04-1609 min
The XpertHR Podcast (US)What the Proposed Overtime Rules Mean For EmployersOn this podcast, the Trump administration's recent proposal to raise the minimum salary for overtime-exempt employees to $35,308 takes center stage in a conversation between former Department of Labor Wage and Hour Administrator Tammy McCutchen (now VP & Managing Director of Strategic Solutions at ComplianceHR) and XpertHR Legal Editor David Weisenfeld. Speaking with Weisenfeld at the Society for Human Resource Management's annual Employment Law and Legislative Conference in Washington, DC, McCutchen stressed that time is of the essence with the new regulations. In noting that 2020 is an election year, she said a failure to finalize the proposed rules by...2019-03-2513 min
The XpertHR Podcast (US)How to Keep A-List Talent From Exiting Stage LeftFrom a bottom-line perspective, few things are as costly as watching talented employees walk out the door. On this podcast, employee engagement expert David Lee speaks with XpertHR Legal Editor David Weisenfeld about common mistakes managers make to push people away, and ways to avoid them. Lee focuses in on what turns employees from "happy campers" into job seekers. Too often, he says, employers fail to act as if human capital is their number one asset. He called it "very important" for organizations to consider what is within their circle of control to create a positive work ex...2019-03-1525 min
The XpertHR Podcast (US)Why Biometrics in the Workplace Is a Growing IssueA growing number of companies are turning to technology to keep track of employee biometric data, such as fingerprints. But the use of this data is also creating a host of privacy issues. On this podcast, Chicago employment attorney Greg Abrams, of Faegre Baker Daniels, and Kate Bischoff, who runs the Minneapolis-based tHRrive Law and Consulting, join XpertHR Legal Editor David Weisenfeld for a deep dive into employer biometrics use and how it is leading to increased litigation and concerns.2019-03-0417 min
The XpertHR Podcast (US)Investigations Expert Discusses How to Spot DeceptionDespite what one might see on Law & Order and other shows, there is no foolproof way to tell when an employee who is the subject of an internal investigation is lying. But while there may not always be a "smoking gun," there are steps HR professionals can take to increase their odds of spotting deception. On this podcast, investigations expert Michael W. Johnson tells XpertHR Legal Editor David Weisenfeld that many people stumble when questioning witnesses because they are looking for the wrong body language cues and operating on a number of misconceptions, including: Good eye...2019-02-2527 min
The XpertHR Podcast (US)Top Employee Handbook Tips for 2019With many new employment laws taking effect in various states, the new year is a perfect time to take a fresh look at your organization's employee handbook. On this podcast, Littler shareholder Meredith Shoop speaks with XpertHR Legal Editor David Weisenfeld about what employers need to know when updating their handbooks. "If you've been allowing your company handbook to fall down the to-do list, then it's time to really consider bringing it back up to the top," said Shoop. "It's a critically important document for any and all HR functions, and it's something that should be taken ve...2019-02-0917 min
The XpertHR Podcast (US)Best Ways to Avoid Performance Review BlundersOn this podcast, Philadelphia employment attorney Jonathan Segal joins XpertHR Legal Editor David Weisenfeld to discuss what's wrong with the annual performance review process and how to fix it. Segal is managing principal of the Duane Morris Institute and a popular speaker at Society for Human Resource Management (SHRM) conferences. While some have called for abolishing annual performance reviews altogether, Segal is not among them. "We should fix it [the process] rather than nix it," he said. "There is a lot of checking off boxes and writing comments, but no conversation." If employers focus more on performance de...2019-02-0923 min
The XpertHR Podcast (US)What Key 2018 Ballot Measures Mean for the WorkplaceVoter turnout for the 2018 midterm election hit a 50-year high, as the fate of both the House of Representatives and the Senate hung in the balance. But with attention focused on several hotly contested races, there were some notable state ballot initiatives that employers should not overlook. On this podcast, XpertHR Legal Editors David Weisenfeld and Beth Zoller discuss several key measures that passed in the election's aftermath, including: Expanded transgender rights in Massachusets; Minimum wage increases in Arkansas and Missouri; Recreational marijuana legalization in Michigan; and Medical marijuana legalization in Missouri and Utah. 2019-02-0913 min