With 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 Emergenc…

Littler 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 pa…

On 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 a…

This 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 Y…

Long-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 o…

A 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)…

HR 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 presid…

In 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 pe…

Employers have had to adopt a host of new policies and procedures during the COVID-19 crisis and must continue weighing changes that were unthinkable just a few months ago. This podcast features unique insights on ways to answer employee questions and prepare for future challenges from Ogletree Deakins employment attorney Kathy Dudley Helms, who he…

The 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 …

The 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 t…

Employers 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 pr…

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 n…

On 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 Fortu…

Millions 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, jo…

On this podcast, Laner Muchin employment attorney Peter Gillespie addresses several key issues affecting businesses in the new COVID-19 landscape, including: Whether relief is available to businesses that disagree with having been deemed "nonessential"; How multistate employers should handle discrepancies regarding who are essential workers; Whethe…

The 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 …

Working from home is one thing, but working from home with children in the house 24/7 or elderly relatives to care for is quite another. On this podcast, XpertHR Managing Director Scott Walker discusses those challenges, how this crisis has affected him personally and specific steps he has taken to maintain staff morale. "We don't know when this is…

This podcast features one of the nation's leading experts on unconscious bias at work, Dr. Sondra Thiederman. Having worked with Fortune 500 companies, Thiederman noted that positive biases can be just as damaging as negative ones when it comes to damaging an organization's recruiting efforts. For instance, Thiederman said the following "positive" …

With 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 co…

On 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 clas…

When Amazon threatened to fire employees for speaking out about the company's need to do more on climate change, it created a public relations quagmire. This podcast examines Amazon's ill-fated crackdown and other topical employee speech issues with Kate Bischoff, who runs the Minneapolis-based tHRive Law and Consulting, and Cleveland employment at…

On this podcast, Littler shareholder Meredith Shoop provides her annual look at the key items organizations need to include in their employee handbooks. With new state and local employment laws sprouting up on a fairly regular basis, Shoop notes that regular updates are critical.

On 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.…

On 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.

US Immigration and Customs Enforcement (ICE) agents carried out what's been called the largest statewide workplace enforcement action in the nation's history in arresting 680 undocumented workers at several Mississippi food processing plants this summer. ICE also seized records from the companies that employed these workers. This podcast examines w…

This 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. T…

On 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 short…

Reverse mentoring, a concept first popularized by former General Electric CEO Jack Welch, is when a senior leader takes on a much younger employee to be their "mentor." The rationale is to ensure the leader remains connected with technological advances and other key developments affecting their workforce.…

Many 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 pr…

Artificial Intelligence (AI) is playing an increasingly significant role in recruiting and hiring, cybersecurity, payroll and other employment areas. This podcast takes an in-depth look at AI issues with Garry Mathiason, who spearheaded a first-of-its-kind practice area in forming the Robotics Practice Group at Littler Mendelson.…

On 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 grow…

This 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 …

On 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 organi…

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. Hor…

On 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 Weisen…

From 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…

A 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, j…

Despite 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 Mich…

With 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 y…

On 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 hav…

Voter 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…

This podcast examines the dizzying array of new employment laws that have been signed recently affecting California employers with Bruce Sarchet, a shareholder with Littler Mendelson's Sacramento office. The highlights discussed included a: First-of-its-kind law requiring Golden State-based corporations to have at least one woman on their board of …

New York has passed new sexual harassment policy and training requirements affecting all employers, from Mom-and-Pop stores to Wal-Mart. With other states beginning to follow suit, this podcast examines the new laws with New York City employment attorney Michael Schmidt, vice chair of the Labor and Employment Department at Cozen O'Connor. "Even if …

This podcast features outside-the-box insights about the HR role and how to improve it from Steve Browne, the author of "HR on Purpose" and acclaimed speaker. Browne, vice president of HR for the LaRosa's Pizzeria chain, often shows up incognito at his employer's various restaurants so employees are not on edge and do not change their approach. Bro…

Many companies trumpet their zero-tolerance discipline policies as evidence of their strong stance against bad workplace behavior. But this podcast examines how these policies might actually do more harm than good with Robin Shea, a partner with Constangy, Brooks, Smith & Prophete, and the author of the firm's Employment and Labor Insider blog. "Th…

With #MeToo now a household name, sexual harassment is undoubtedly one of the most significant issues affecting employers today. That's why it was front and center at the annual conference of Society for Human Resource Management (SHRM) in Chicago, which featured a presentation by Philadelphia employment attorney Jonathan Segal, partner and managin…

The gig economy has been described as a "game changer" for the relationship between companies and their workers. But a recent Bureau of Labor Statistics (BLS) report actually shows a slight decline in the number of US workers employed in alternative work arrangements between 2005 and 2017. So is all of the gig economy talk more hype than reality? T…

SHRM's President and CEO Johnny C. Taylor Jr. has made several changes since taking the helm at the beginning of 2018. This podcast features a wide-ranging conversation with Taylor at the SHRM 2018 Conference and Exposition in Chicago on key challenges affecting HR professionals today. Chief among them is the oft-voiced complaint that, too often wh…

The Supreme Court has ruled that companies may force their employees to arbitrate their workplace disputes individually, rather than as part of a class action. It's a ruling that could affect an estimated 25 million employment contracts and has a host of other implications. This podcast examines the closely watched case of Epic Systems vs. Lewis an…