Global Solutions, Episode 19: To Party or Not to Party? That is the Question

In this episode of our Global Solutions podcast series, Rebecca Marks and Jean Kim discuss whether employers can host workplace holiday parties during the COVID-19 pandemic and the gathering restrictions in a number of jurisdictions. The speakers also provide alternatives to in-person gatherings to aid employers in maintaining employee morale.

Third Thursdays With Ruthie: NLRB Election Procedures During COVID-19

In the November edition of our Third Thursdays series, special guest Tom Davis discusses about the National Labor Relations Board’s (NLRB) election procedures during the COVID-19 pandemic. Mr. Davis reviews the new guidelines from the November 9, 2020, NLRB’s decision regarding the use of manual- and mail-ballot elections.

TECHPLACE™ Talk: The Future of Work—A Global Perspective on the Impact of the Pandemic

In this podcast, Danielle Ochs, Jenn Betts, Bud Bobber, and Simon McMenemy discuss the global shift to remote work as a result of the COVID-19 pandemic. The speakers explain recent strategies regarding telework, including digital collaboration tools, robotics and automation, cybersecurity advances, data collection and privacy, and technological solutions that facilitate remote productivity, among other recent trends.

Global Solutions, Episode 18: Workplace Transmission During the COVID-19 Pandemic

In this episode of our Global Solutions podcast series, Jaslyn Johnson and Rebecca Emery discuss what constitutes a COVID-19 workplace outbreak or cluster in various jurisdictions. The speakers also cover the different requirements placed on employers that are faced with an outbreak, including mandatory disinfection procedures, the use of contact tracing apps, business closures, protocols for sending employees home and returning them to work after a quarantine, and seeking health information from employees.

This Is Labor in California, Episode 2: Concerted Refusals to Work During the COVID-19 Pandemic

In this episode of our California labor law podcast series, Maria Anastas and Sean Kramer discuss the rights of employees to refuse to work and how those rights have been exercised during the COVID-19 pandemic. The speakers also address how the National Labor Relations Board evaluates what constitutes protected activity.

A Deeper Dive Into Cal/OSHA Litigation, Part Three: Due Process, Vagueness, and Independent Contractors

In the third episode of our three-part podcast series on Cal/OSHA litigation, Karen Tynan and Kevin Bland discuss violations of due process such as whether Cal/OSHA workplace safety citations and notices of penalty give clear notice and provide employers with the ability to prepare a defense. In addition, the speakers discuss whether workers may be independent contractors and the ins and outs of employee misclassifications under California’s new ABC test.

California’s Fair Chance Act: New Criminal History Use Regulations on the Ban-the-Box Law

In this podcast, Charles Thompson and Betsy Johnson discuss the California Fair Chance Act and the new regulations and guidance that the California Fair Employment and Housing Council and Department of Fair Employment and Housing have issued about the law. The speakers explain the state law’s prohibitions on what employers can ask applicants regarding their criminal histories in addition to covering local ban-the-box ordinances.

A Deeper Dive Into Cal/OSHA Litigation, Part Two: Jurisdiction and Citation Classifications

In the second episode of our three-part podcast series on Cal/OSHA litigation, Karen Tynan and Kevin Bland discuss Cal/OSHA’s jurisdiction versus the jurisdiction of the federal Occupational Safety and Health Administration (OSHA). In addition, the speakers discuss the various classifications of workplace safety citations, including classification and characterization appeals.

A Deeper Dive Into Cal/OSHA Litigation, Part One: Appeals, Defenses, and Burdens of Proof

In this episode of our Workplace Safety in California series, Kevin Bland and Karen Tynan discuss the regulations governing personal protective equipment (PPE), including provisions related to employer reimbursements, face coverings, and respiratory protection.

COVID-19 Litigation and Labor Relations: Recent Union Trends During the Pandemic

In this podcast, Ashley Cuttino and Bindu Gross discuss the wide scope of the National Labor Relations Act (NLRA) on both unionized and nonunionized workforces. The speakers also explain recent tactics unions have used to promote organizing during the COVID-19 pandemic.

Global Solutions, Episode 17: Global Mask Requirements

In this episode of the Global Solutions podcast series, Rebecca Marks and Andre Appel provide a high-level roundup of mask mandates in various countries around the world. The speakers explain how these mandates impact employers and the new enforcement requirements for their workplaces.

The Top Five Remote Workplace Investigation Mistakes

In this podcast, Andre’ Caldwell and Diana Nehro discuss lessons learned about conducting remote workplace investigations during the COVID-19 pandemic. The speakers explain the benefits of flexibility, how company culture matters to investigation results, the advantages of planning ahead, and mastering technological devices that facilitate remote investigations.

Global Solutions, Episode 16: An Overview of COVID-19 Litigation

In this episode of the Global Solutions podcast series, Bonnie Puckett and Dan Dauplaise discuss variations in international laws on at-will employment, severance, terminations for cause, and terminations of employment agreements. The speakers explain COVID-19-related dismissals and the various ways they can be challenged through litigation across the globe.

Third Thursdays with Ruthie: Supervisory Status Under the NLRA

In the October edition of our Third Thursdays series, Ruthie Goodboe discusses whether a particular employee is a statutory supervisor, which is important for union voting and unfair labor practice charges. The speaker explains how a recent case regarding a union election and a challenged ballot brings this issue to light.

Global Solutions, Episode 15: Policy Updates During a Global Pandemic

In this episode of the Global Solutions series, Alexis Borestel and Mami Kato discuss internal work rules, and how employers may wish to modify them in response to the global COVID-19 pandemic. The speakers explain internal regulations and work rules in effect in a number of European countries, as well as in Japan, South Korea, Peru, China, and other nations.

This Is Labor in California, Episode 1: Union-Sponsored AB 685’s New COVID-19 Requirements

In this episode of our new series on labor issues in California, Maria Anastas, Daniel Adlong, and Sean Kramer discuss what organized labor in California is doing about COVID-19, in terms of legislation and union information requests during the pandemic. The speakers specifically discuss Assembly Bill (AB) 685, which  now requires employers to take action when they receive notice of potential COVID-19 exposure and ensure that contact tracing protocols are in place.

Recruiting and Retention During the COVID-19 Pandemic: the Top Issues Facing California Staffing Agencies

In this podcast, Charles Thompson, Christian Keeney, and Patty Matias discuss the unique challenges that staffing agencies are dealing with during the COVID-19 pandemic. The speakers specifically address issues related to screening applicants for symptoms and exposure, the compensability of screening time, managing applications and onboarding remotely, and layoffs and notices required under the Worker Adjustment and Retraining Notification (WARN) Act.

Global Solutions, Episode 14: Stealth Expatriates and Related Tax Implications

In this episode of the Global Solutions series, Jean Kim and Mike Mahoney discuss the tax implications that emerge when expatriates work remotely outside of the United States both during and before the COVID-19 pandemic. The speakers discuss income tax, social tax, and administrative issues employers may face when their employees travel and work internationally.

Global Solutions, Episode 13: New Support Initiatives to Maintain Workforces During the COVID-19 Pandemic

In this episode of the Global Solutions series, Justin Tarka and Ryan Martin discuss a variety of government programs and subsidies in Singapore, Brazil, Canada, the United Kingdom, Germany, and across Europe to maintain workforces during the strain of the COVID-19 pandemic. The speakers also discuss new legislation regarding reductions in force and redundancies, wage support initiatives, and increased unemployment benefits.

Workplace Investigations Gone Virtual: Conducting Remote Investigations in the COVID-19 Era

In this podcast, Lisa Bowman and Charles Thompson discuss strategies for conducting workplace investigations in the COVID-19 era in addition to the advantages and disadvantages of video conferencing as opposed to in-person meetings. The speakers address handling technological issues, addressing interviewees’ privacy concerns, tips for screen sharing, developing rapport with witnesses, and judging the credibility of interviewees.

The Complete Works of Global Solutions (Abridged and Revised): A Recap and Updates from Previous Episodes of the Global Solutions Series

In this recap edition of our Global Solutions series, Ethan Isaac, Bonnie Puckett, and Carson Burnham look back on the last six episodes and reflect on trends in remote work arrangements in Europe and across the globe, Chinese privacy laws, the new Chinese sexual harassment law, and other topics that have emerged across the globe during the COVID-19 pandemic.

TECHPLACE™ Talk: Political Speech, Social Media, and Off-Duty Employee Conduct—The Trending Risks of Digital Reputational Damage

In this podcast, Danielle Ochs, Jenn Betts, and John Merrell address employer regulation of digital speech and how organizations can be aware of and protect against reputational damage caused by employees both on- and off-duty. The speakers discuss employee commentary (on social media platforms and elsewhere) about social issues, political issues, and protected statuses and groups, including the Black Lives Matter movement and the 2020 elections.

Workplace Safety in California: Riding the Coming Wave of Cal/OSHA Inspections and Citations

In this podcast, Karen Tynan and Kevin Bland discuss how employers can strategize and prepare for the coming wave of COVID-19-related California Division of Occupational Safety and Health (Cal/OSHA) complaints, citations, and inspections, in addition to litigation. The speakers address the trending interplay between Cal/OSHA citations and California Private Attorneys General Act (PAGA) claims and other civil actions as well as potential employer missteps such as a lack of documentation.

Global Solutions, Episode 12: Getting Down to Business in a COVID-19 Era

In this episode of the Global Solutions series, Katie Krouse and Adolfo Blonval address sector-specific COVID-19 guidelines that multinational employers may want to consider as they navigate an evolving COVID-19 business environment. The speakers discuss country-specific guidance for various industries, including manufacturing, retail, personal services, tourism, and hospitality.

Face Coverings, Vaccines, and the ADA, Part II: What Employers Need to Know

In part two of our two-part series focused on workplace rules and accommodation issues in the COVID-19 era, Jim Paul and Andrew Metcalf discuss flu vaccines, employer policies mandating vaccines, and other wellness decisions that employers may be considering in the next few months. The speakers address the best practices for implementing mandatory vaccine policies, depending on the relevant industry and company culture, in addition to considerations related to accommodation requests.

Face Coverings, Vaccines, and the ADA, Part I: What Employers Need to Know

In part one of our two-part series focused on workplace rules and accommodation issues in the COVID-19 era, Jim Paul and Andrew Metcalf discuss face-covering mandates and the potential employment and customer access concerns raised by masking orders at the local, state, and federal levels. The speakers address the requirements of Title I and Title III of the Americans with Disabilities Act (ADA) and consider how employers can better deal with the balancing of interests that the ADA requires.

Global Solutions, Episode 11: Stop in the Name of Leave—the Latest on COVID-19 Leave Laws

In this episode of the Global Solutions series, Rebecca Emery and Susanna Bramlett address leaves of absence from employment during the COVID-19 pandemic as a result of employees who are ill, considered to be in vulnerable populations, have been exposed to the virus, have an ill family member, or facing childcare challenges as a result of schools that are opening virtually. The speakers also discuss the statutory leave laws that have been enacted since the beginning of the pandemic as well as COVID-19-related reasons that precipitate a leave of absence.

Employment Law Legends, Episode 5: Keeping the Sabbath: Trans World Airlines, Inc. v. Hardison

In the fifth episode of the Employment Law Legends podcast series, Paul Rinnan examines the legal battle surrounding the definition of religious accommodations in the workplace and the origins of the de minimis burden standard.

Telecommuting and State Payroll Taxes: The Importance of Nexus During the COVID-19 Pandemic

In this podcast, Randle Pollard and Deborah Andrews discuss how working from home during the COVID-19 pandemic may affect employers’ state payroll tax obligations. The speakers cover how even temporary work-from-home situations, such as those imposed in response to emergency orders, may create a nexus with the employee’s home state, even if the employer does not have an office in that state. The speakers also consider other factors such as reciprocal tax agreements and the “convenience of the employer” rule.