In the first episode of our Techplace Tickler series, Danielle Ochs, Tom Lidbury, and Traer Cundiff discuss various eDiscovery-related issues that have arisen during the COVID-19 pandemic when many people are working remotely. They cover data security concerns while working from home, remote document review, and best practices for collecting, capturing, and transferring data remotely.
In the first episode of our California COVID-19 series, Joe Beachboard and Charles Thompson provide answers to employers’ frequently asked questions based on our two recent California COVID-19 webinars. They discuss shelter in place orders, leaves of absence, furloughs and Cal-WARN Act obligations, payout of PTO and sick time, and cost-saving measures such as reducing the salary of exempt employees and reducing working hours.
In light of continued government orders relating to business closures, restrictions, and more during the coronavirus outbreak, unionized employers may be wondering about their obligations under the National Labor Relations Act. In this episode of the Third Thursdays podcast, Ruthie Goodboe and Jackie Damm discuss practical considerations for unionized employers during this unprecedented time, including whether employers need to follow the terms of their collective bargaining agreements (CBAs), common CBA provisions that may be particularly applicable during this time, and what to do if currently engaged in contract negotiations.
In this podcast, Ruthie Goodboe discusses the coronavirus (COVID-19) as it relates to labor law. She covers the key obligations and prohibitions under the National Labor Relations Act, including managing employees who refuse to work, union information requests, and other potential protected, concerted activity.
In this episode, Mike Matula and AnnRene Coughlin discuss the key issues employers should consider when hiring an employee with post-employment restrictive covenants. They cover tips for avoiding litigation, best practices when working with new hires, and the logistics of resignation and transition to a new employer.
In this podcast, Karen Tynan and Jill Schubert cover the key provisions of California’s Pregnancy Disability Leave Law, including the interaction with other leave statutes, permissible uses for leave, common pitfalls for employers, best practices for documentation, and more.
In this episode of the Third Thursdays podcast, Ruthie Goodboe examines the use of social media in the workplace through the lens of labor law. Delving into the positives—and the pitfalls—she discusses the advantages of using social media, like increased transparency, as well as the potential legal snares. She explains several relevant advice memoranda from the National Labor Relations Board General Counsel, and she outlines guidance for constructing and implementing a social media policy that does not violate Section 7 rights.
As any employer with employees in California knows, there are some major differences between leaves of absence under federal law and under California law. In this podcast, Karen Tynan and Jill Schubert discuss the types of leaves afforded under California law and the similarities and differences with federal law, as well as best practices for recordkeeping and documentation.
Information surrounding the new strain of the coronavirus is rapidly evolving, and employers may begin getting questions from employees. In this podcast, Michael Eckard and Kathy Dudley Helms discuss practical considerations for employers to keep their workforces safe, from educating employees traveling to China and other impacted regions as to the symptoms of the virus, to being prepared to discuss accommodation needs.
In the fourth episode of Employment Law Legends, Paul Rinnan examines the evolution of the famous McDonnell Douglas burden-shifting framework and its lasting impact on the nature of proof in employment lawsuits.
In this special crossover episode of the “Third Thursdays with Ruthie” and “Tech-Tuned Workplace” podcast series, Ruthie Goodboe, Jennifer Betts, and Zeb Curtin (Senior Labor & Employment Lawyer and Team Lead at Cargill) discuss artificial intelligence (AI) in the labor law space. They cover how employers and unions might use AI, automation’s impact on labor organizing, and key takeaways for employers for harnessing the power of AI—and avoiding the risks.
In the fourth episode of our “Tech-Tuned Workplace” series, Jennifer Betts, Ruthie Goodboe, and Evan Moses discuss the rise of digital workplace apps. They address the kinds of digital workplace apps that employers use, the gamification of the workplace, the benefits and risks of digital workplace apps, and how to minimize these risks.
In this episode of the Third Thursdays podcast, Ruthie Goodboe and Tom Davis discuss the new final rule on union elections that the NLRB issued on December 13. The Board did not rescind the “ambush” or “quickie” election regulations that went into effect in 2015, but did alter some—though not all—of the provisions that many employers found particularly challenging.
In this podcast, Tom Vasiljevich and Grace Ristuccia discuss withdrawal liability and the sale of assets exemption under ERISA § 4204. Tom and Grace explore why structuring an asset sale to comply with this exemption might serve the interests of not only the seller but also the buyer.
From Family and Medical Leave Act (FMLA) fraud and abuse to intermittent leave, the number of challenging leave situations that employers potentially face may seem infinite. In this podcast, Sarah Platt and Suzanne Watson provide employers with practical tips and tools for managing vexing leave issues and curbing misuse of leave.
In this episode of the Third Thursdays podcast, Ruthie Goodboe examines how religious discrimination and accommodation intersect with traditional labor law. She will cover religious accommodation under Title VII of the Civil Rights Act of 1964, best practices for handling requests for religious accommodation when an employee is governed by a collective bargaining agreement, and how Section 7 of the National Labor Relations Act comes into play with religious accommodation.
In this podcast, Mike Cramer and Tim Wolfe discuss ways to strive for a harassment-free and litigation-free manufacturing work environment. They will cover four key strategies: maintaining strong policies, implementing regular training, conducting good investigations, and not just having good policies, but living them as well.
In this episode of our Workplace Safety in California series, Kevin Bland and Karen Tynan discuss how California safety regulations are enacted. Kevin and Karen explain the rulemaking process, including how potential regulations are introduced, the benefits of participating in the review and commentary process, how long it takes to enact a regulation, and when businesses can obtain variances.
In the third episode of our “Tech-Tuned Workplace” series, Jennifer Betts and several HR professionals discuss how technology affects the way that organizations interact with their employees. The speakers address the technologies they use on a daily basis, the challenge of incorporating technology while ensuring employees remain connected and engaged, and how technology will continue to evolve and impact the workplace.
In the third episode of Employment Law Legends, Paul Rinnan discusses Griggs v. Duke Power Company, the origins of the disparate impact theory, and the legal battle to define discrimination in the civil rights era.
This podcast addresses contractors’ duties to investigate a worksite before construction begins. Randy Ruff and Jonathan Mraunac discuss the importance of reviewing design documents and studying field conditions prior to bidding on a job, what can happen when contractors fail to conduct adequate walk-throughs, the type of information owners must disclose to bidding contractors, and who bears the risk if an issue is discovered later in the process.
The dramatic rise in popularity of the online gaming industry brings with it a host of potential legal issues. In this episode of the Third Thursdays podcast, Ruthie Goodboe and Victoria Vish provide background information on online gaming and examine legal issues such as the possibility of unionization in the industry and whether some features can be considered gambling under state laws.
In this podcast, Lisa Burton and Leigh Ganchan discuss ICE’s increased enforcement activity in recent years. They address how to handle I-9 audits, compliance challenges employers face, and the penalties for noncompliance.
In this podcast, Kelly Cardin provides listeners with an overview of workplace investigations from beginning to end, including the types of complaints that can trigger an investigation, best practices for conducting interviews, and how to report your findings to management. She also discusses the potential for retaliation claims and how to minimize this risk.
In this episode of our Workplace Safety in California series, Kevin Bland and Karen Tynan discuss Cal/OSHA hearings. Topics include discovery, admissibility of evidence and hearsay, and general strategy for Cal/OSHA hearings.
In this episode of the Third Thursdays podcast, Ruthie Goodboe examines two recent circuit court labor cases—one involving protections for striking employees and the other involving protected speech versus unprotected threats during union campaigns—and the practical lessons and tips that employers can take away from these two important holdings.
In this episode of the Workplace Safety in California series, Kevin Bland and Karen Tynan discuss serious accidents and fatalities in the workplace. Topics include how Cal/OSHA defines “serious injury,” key reporting requirements, best practices for handling inspections and evidence, and top risks and exposure.
In the second episode of our “Tech-Tuned Workplace” series, Jennifer Betts, Ruthie Goodboe, and Zeb Curtin (Senior Labor & Employment Lawyer and Team Lead at Cargill) discuss artificial intelligence in the workplace. They provide examples of how AI is currently affecting the workplace, potential future uses of AI in the workplace, and the legal implications for employers including the potential for bias.
Paid sick leave ordinances in Dallas, Texas and San Antonio, Texas will take effect for most employers on August 1, 2019. Join Larry Smith and Tiffany Cox Stacy as they help employers prepare by answering some frequently asked questions about these ordinances.
For employers with both unionized and non-unionized employees, determining a strategy for working conditions—i.e., whether to provide the same terms and conditions of employment to unionized and non-unionized employees—can be a challenge. In this episode of the Third Thursdays podcast, Ruthie Goodboe discusses tips and considerations for setting working conditions and for communicating these conditions to employees.