Practical Guidance Podcast: Labor and Employment Series

Latest Episodes:

Episode 11: The Metaverse and L&E Oct 19, 2023

On this Episode of Practical Guidance Labor and Employment series we speak with attorney Tim Taylor. Tim is a Practical Guidance author and an employment and litigation attorney at Holland & Knight's Virginia office. Today we will be discussing the metaverse and it’s current implications to L&E.

Episode 10: Recent Supreme Court Rulings Impacting L&E Sep 30, 2023

On this Episode of Practical Guidance Labor and Employment series we speak with attorney Tim Taylor. Tim is a practical guidance author and an employment and litigation attorney with Holland & Knight's Virginia office. Today we will be discussing some recent decisions by the Supreme Court and their implications to L&E. Specifically, we will explore the recent Harvard College case impacting affirmative action and the Court's decision in Groff v. DeJoy, which addresses religious freedom in the workplace.

Episode 9: AI Regulations Hit New York City Jul 12, 2023

Could Artificial Intelligence assisted hiring actually help remove bias from the hiring process? New York City just enacted new regulations which attempt to monitor the use of AI hiring contexts. In this episode of the Practical Guidance Podcast, Data Privacy Series, we hear from Ryan Kurtz. Ryan is an attorney with Patterson Belknap's NY office working in their Employment group. His practice focuses on employment counseling and litigation, as well as student and faculty conduct matters in higher education and at private schools. Today Ryan and I discuss the pending changes to New York City regulations addressing the use of Artificial Intelligence in hiring processes. We will look at the regulations, their impact, and the use of AI in hiring today.

Episode 8: Runaway Juries! Apr 30, 2023

On this Episode of Practical Guidance Labor and Employment series we continue our conversation with attorney Anthony Oncidi. Tony is co-chair of the Labor and Employment group for Proskauer Rose where he works out of their Los Angeles office. Oncidi represents employers and management in all aspects of labor relations and employment law. Anthony is also a Practical Guidance author. He has written extensively on topics related to Employment Litigation and authored several videos on deposing witnesses in Employment cases. Today we move from the topic we discussed in Episode 7 of the podcast (Arbitration Agreements) to discuss a recent trend in massive awards from juries in single plaintiff L&E litigation. Over the past few years Tony and his firm, Proskauer Rose, have been tracking and writing about these "Runaway Juries." Today we will discuss this trend and the conclusions one can draw from some of the recent decisions. Check out some of Anthony's articles including: Deposing Plaintiffs In Employment Litigation Checklist, Depositions of Supervisory Witness Video. Other related articles include: Arbitration of Employment and Labor Disputes Resource Kit and AAA Arbitration For Employment Lawyers.

Episode 7: Is Arbitration the Answer? Mar 09, 2023

On this Episode of Practical Guidance Labor and Employment series I speak with attorney Anthony Oncidi. Anthony is co-chair of the Labor and Employment group for Proskauer Rose where he works out of their Los Angeles office. Oncidi represents employers and management in all aspects of labor relations and employment law. Anthony is also a Practical Guidance author. He has written extensively on topics related to Employment Litigation and authored several videos on deposing witnesses in Employment cases. Today we will be looking at the current status of arbitration claims in the U.S. We will discuss the pros and cons of arbitration from an L&E perspective and best practices for employers when rolling out arbitration programs. Check out some of Anthony's articles including: Deposing Plaintiffs In Employment Litigation Checklist, Depositions of Supervisory Witness Video. Other related articles include: Arbitration of Employment and Labor Disputes Resource Kit and AAA Arbitration For Employment Lawyers.

Episode 6: Are You Indie or Employee? (Changes afoot to Indie Contractor/Employee Status) Jan 17, 2023

On this episode I speak with author and attorney, Rex Fennessey. Fennessey is a partner in the L&E department of the firm, McMahon Berger. Rex represents employers throughout the United States in all facets of labor and employment law. He is widely recognized in the field of wage and hour litigation and has represented clients in numerous class action and collective action lawsuits. He is a Practical Guidance author with two recent Practice Video releases on the topic of wage and hour. In this podcast episode we will be looking at the recent proposed regulatory changes related to the classification of a worker as an independent contractor vs. an employee. Fennessey and I discuss in detail how these regulations will likely impact employers and gig economy independent contractors and how employers should prepare for these significant regulatory shifts. Check out Rex's insightful Practice Video on DOL Wage and Hour Investigation Response and his discussion of DOL Wage and Hour Investigation Preparationon Lexis' Practical Guidance.

Episode 5: Long Covid and the Workplace (ADA Issues and Recent Litigation) Dec 09, 2022

On this episode I speak with author and attorney, Jonathan Mook. Jonathan is a partner in the L&E department of the firm DiMuro Ginsberg. He is a nationally recognized authority on the Americans with Disabilities Act and is the author of two treatises published by Lexis and its subsidiaries. Jon and I discuss the impact of "Long Covid" in the workplace, what employers need to be doing to adjust to this condition impacting many business, and recent litigation in the area. Check out some of Jonathan's ADA related articles, videos, and treatises on Practical Guidance and Lexis+ including: ADA Reasonable Accomodation (video), Americans With Disabilities Act: Employee Rights and Employer Obligations, and Americans With Disabilities Act: Public Accomodations and Commercial Facilities.

Episode 4: Discrimination and Language In the Workplace Oct 26, 2022

In this episode I speak with author and attorney, Richard Cohen. Richard is a partner with the firm, Fisher Broyles' New York office where he is a litigator and specialist in Employment law. Richard and I discuss discrimination in the workplace looking at Title 7, the line between acceptable and actionable language in the workplace, hiring practices, and other areas related to Employment litigation. Check out some of Practical Guidance's many employment discrimination materials including: Employment Discrimination Charge Resource Kit, Discrimination, Harassment, and Retaliation State Practice Notes Chart.

Episode 3: Dobbs and Employee Benefits Issues Aug 09, 2022

The recent Supreme Court decision in Dobbs sent companies scurrying to evaluate their benefits plans. Are existing policies putting the corporation/its leadership in civil or criminal jeopardy? What steps do corporations need to take now to react to the many changes happening state to state regarding abortion access? Eric W. Gregoryis a partner in Dickinson Wright's L&E group and an author for Lexis' Practical Guidance research solution. He is the author of Recovering Plan Overpaymentsand other scholarly articles. To read more about Dobbs and its impact on Employee Benefits check out the Dobbs v. Jackson Women's Health Organization Resource Kit. To see where different state laws are standing on abortion access, view the Practical Guidance State Abortion Laws Tracker After Dobbs v. Jackson Women's Health Organization.

Episode 2: Dobbs L&E Impacts: Employers React to the Dobbs Opinion Podcast Aug 08, 2022

In Texas and Oklahoma abortion is now a crime. In other states it remains legal. For companies working across state lines the variances from state to state have created many employment issues that immediately require counsel from L&E attorneys. In this episode we consider some of the many issues at play with Proskauer L&E partner, Evandro Gigante. Evandro is a partner in the Labor & Employment Law Department and co-head of the Employment Litigation & Arbitration group and the Hiring & Terminations group. He represents clients on a variety of labor and employment matters, including allegations of sexual harassment, race, gender, national origin, disability and religious discrimination. Evandro also counsels employers through reductions-in-force and other sensitive employment issues. To learn more about Dobbs and some of the impacts it is having on L&E issues check out the following Lexis Practical Guidance piece, Dobbs v. Jackson Women's Health Organization Resource Kit.To see where different state laws are standing on abortion access, view the Practical Guidance State Abortion Laws Tracker After Dobbs v. Jackson Women's Health Organization.

Episode 1: Recruiting and Retaining Employees in the Current Hiring Landscape Jun 20, 2022

In this pilot episode of the "Practical Guidance: Labor and Employment Series" we explore the hiring and retention issues that companies are currently facing with the next generation work force. Mintz partner Jennifer Rubin serves on the firm’s Policy Committee and co-leads the firm’s Environmental Social and Corporate Governance (ESG) Practice Group, which leverages her experience advising corporate boards on social and governance issues. Her credits with Lexis Practical Guidance include: Employment Law Issues in Environmental, Social, and Corporate Governance (ESG) (Video) and COVID-19 Return-to-Work: Key Employer Considerations (Practice Note). To access the transcript for this podcast episode within Lexis Practical Guidance, click here.

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