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Unlock the mysteries of employee speech rights within private companies and discover the surprising realities that might affect you. Have you ever questioned whether your freedom of speech truly extends into the workplace? We'll unravel the limitations of the First Amendment for private workers and spotlight when speech is, in fact, protected under laws like the National Labor Relations Act and whistleblower statutes. With examples from state-specific protections such as Connecticut's General Statutes 31-51Q, this episode empowers you with the knowledge to navigate workplace speech with caution and confidence. Whether you're speaking out on public matters or simply trying to understand company policies, grasp the nuances of your legal standing and know when itâs time to consult a legal expert.
If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.
For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.
Disclaimer: For educational use only, not intended to be legal advice. -
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Are non-compete agreements holding back American workers? Join me, Mark, for a deep dive into the FTC's groundbreaking rule banning these contentious clauses and the fierce legal battles ignited by it. We'll dissect the pivotal Texas court decision that seeks to block the rule and its far-reaching implications for millions of employees. Understand how the Administrative Procedure Act and conflicting judicial opinions from Texas and Pennsylvania are shaping this debate, and what it all means for the upcoming presidential election. We'll also explore the economic consequences for employers and why the rule's enforcement date of September 4th, 2024, is crucial, pending appellate and Supreme Court reviews.
But that's not all. We also tackle the issue of default management agreements that unduly control employees' financial and income affairs. Discover why these agreements are so problematic and how the FTC's new rule aims to protect worker rights. Take a look at Silicon Valley as a shining example of how businesses can flourish without restrictive non-compete clauses. This episode is packed with critical updates and insights that will keep you ahead of these evolving developments. Donât miss out on this important and timely discussion!
Links Mentioned in Episode:
Ryan LLC v. FTC (Texas decision)
FTS Tree Service v. FTC (Pennsylvania decision)If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.
For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.
Disclaimer: For educational use only, not intended to be legal advice. -
Manglende episoder?
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Ready to test your employment law knowledge and uncover critical distinctions in the workplace? Join Mark for a pop quiz to test your knowledge. We promise you'll gain valuable insights into the differences between employees and independent contractors, understand the key protected classes under federal anti-discrimination laws, and grasp the essentials of the Fair Labor Standards Act (FLSA). From the nuances of at-will employment to the requirements of the Family Medical Leave Act (FMLA), we cover it all to ensure you're well-versed in these crucial topics.
But that's not all. This episode goes further by dissecting the complexities of workplace discrimination and harassment. By distinguishing between disparate treatment and disparate impact, we offer practical advice on handling harassment and discrimination. Learn the importance of internal reporting and the pivotal role of the Equal Employment Opportunity Commission (EEOC). We also stress the need for proactive measures from employers, including training and establishing robust reporting procedures. To wrap things up, we tackle the frustration with ineffective solutions and advocate for stronger actions like filing complaints and public shaming to create a safer work environment. Tune in and stay vigilant!If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.
For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.
Disclaimer: For educational use only, not intended to be legal advice. -
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"Employee Power" has evaporated. Join us as we explore the dramatic shift in workplace dynamics, from the leverage employees once held to the regained control of employers. We scrutinize the initial factors that boosted employee confidence, such as the pandemic and social unrest, and delve into how the stabilization of economic conditions has allowed employers to roll back wage increases, remote work options, and promotions. We'll also dissect the FTC's new rule banning non-compete agreements, the rise and fall of DEI initiatives, and the rise of MEI (Merit, Excellence, and Intelligence) as the new corporate mantra.
We tackle the potential for a new wave of employee activism. Reflecting on historical moments that catalyzed social change, we ponder what kind of unifying spark could ignite a collective movement among today's workforce. Can employees rally together for peaceful protests and significant social change, or will employer resistance stifle these efforts? We invite you to reflect on these possibilities and consider the broader trends in employer-employee relationships and negotiation principles. Tune in for an insightful discussion that sheds light on the shifting sands of employee power, the challenges ahead, and the potential for a new movement.
Links:
https://www.wsj.com/economy/jobs/the-hottest-job-market-in-a-generation-is-over-92f61452?st=4g4fzsjujwfduy2&reflink=desktopwebshare_permalink
https://www.wsj.com/lifestyle/careers/white-collar-college-educated-workers-jobs-c594c29a?st=urximh9eecqyvgd&reflink=desktopwebshare_permalink
https://capclaw.com/corporate-dei-causes-racism-and-reverse-discrimination/
https://www.wsj.com/lifestyle/workplace/dei-catches-on-merit-intelligence-excellence-mei-27839a3c?st=2i1j4ggtyh8w46n&reflink=desktopwebshare_permalink
https://www.shrm.org/front-door
https://capclaw.com/employnomics/If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.
For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.
Disclaimer: For educational use only, not intended to be legal advice. -
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What if you could transform your EEOC complaint into a powerful tool to negotiate a severance/settlement with your employer? Join me, Mark, as I unlock the secrets to filing successful complaints with the EEOC and state agencies. With my extensive background in employment law, Iâll guide you through the essential steps, from understanding the crucial 180 or 300-day filing windows to the importance of completing and notarizing Form 5 accurately. Discover how dual filing with both federal and state agencies can be a game-changer, especially in states like California and New York, where employee protections and financial outcomes are more favorable.
Crafting a compelling affidavit can make or break your case. In this episode, learn how to present a thorough, precise, and fact-based narrative while strategically including embarrassing facts about your employer to pressure for settlements. Avoid the pitfalls of over-emotional language and focus on delivering a professional, persuasive account. I'll walk you through the practical steps of drafting, organizing, and submitting your affidavit, ensuring itâs notarized and formatted correctly. Get ready to empower yourself with practical advice designed to streamline your EEOC process and enhance your self-advocacy efforts.
Links:
https://publicportal.eeoc.gov/Portal/Login.aspx
eeoc.govIf you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.
For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.
Disclaimer: For educational use only, not intended to be legal advice. -
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Can employers really push for arbitration in sex discrimination cases, flouting federal laws? Join me, Mark, as we dissect this pressing concern and shed light on the ramifications of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. Signed into law by President Biden, this legislation was supposed to be a beacon of hope, but in reality, many employers and their legal teams continue to demand arbitration, blatantly violating the law. We'll also unravel the expansive definition of sexual harassment under the Act, which covers all forms of sex-based and gender-based discrimination, including sexual orientation and pregnancy discrimination. Through my personal encounters and legal confrontations, I underscore the importance of understanding and asserting your rights.
The hidden complexities and inherent pitfalls of arbitration often turn it into a daunting ordeal for employees. Corporations are not shy about leveraging arbitration to protect bad actors and manipulate outcomes in their favor. This episode is your guide to recognizing these corporate tactics, so you're better equipped to navigate these challenges. By staying informed and vigilant, we can collectively challenge unlawful practices and ensure that justice prevails. Tune in to gain the knowledge and empowerment you need to protect your rights in the workplace.
Links:
https://capclaw.com/how-to-manage-sexual-harassment-cases-after-the-federal-ban-on-forced-arbitration/
https://law.justia.com/cases/federal/district-courts/new-york/nysdce/1:2022cv06669/584300/70/If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.
For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.
Disclaimer: For educational use only, not intended to be legal advice. -
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Prepare to be liberated from the shackles of non-compete agreements! This episode peels back the layers of the Federal Trade Commission's revolutionary ban that's set to empower approximately 30 million workers by September 4, 2024. We're not just talking about the end of these restrictive agreementsâget ready to explore the strategic legal chess game that's unfolding as the U.S. Chamber of Commerce gears up for a significant challenge. With high-stakes implications for labor mobility and innovation, we dissect the rule's nuances, its special provisions for top executives, and concrete steps for employers to stay compliant.
Shift the balance of power back into your hands as we unravel the ineffectiveness of non-competes for most employees and the bolstered protection non-disclosure agreements and trade secret laws provide without overextending. You'll gain insights into the FTC's anticipatory moves to secure favorable legal grounds and the anticipated decrease in litigation for workers wishing to advance their careers unimpeded. This episode isn't just a discussion; it's a clarion call for employees to navigate the new employment landscape with confidence.If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.
For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.
Disclaimer: For educational use only, not intended to be legal advice. -
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Discover the legal game-changer that's levelling the playing field for employees in our latest episode, where we unpack the monumental Supreme Court decision in Muldrow v. City of St. Louis, Missouri. Celebrate with us the unanimous ruling that revamps the burden of proof on workplace discrimination, shifting from "significant harm" to just "some harm." This landmark case swings open the doors for employees to challenge discriminatory acts without the daunting task of proving extensive damage to their careers. Tune in to understand how this pivotal adjustment can potentially alter every facet of employment law, and arm employees across all sectors with a more potent weapon against workplace injustice.
Peek behind the curtain of the Supreme Court with us to decode the implications of Justice Kagan's strategic opinion writing, suggesting a more nuanced internal negotiation process than meets the eye. This episode doesn't just reveal the mechanics of court politics, but it also signals a transformative moment for employee rights in the dynamic landscape of modern work relations. We shed light on the importance of such legal advancements, supporting employees in an employment atmosphere that is often skewed against them. Join us for a compelling discourse on how this judicial shift promises a fairer fight for justice in the workplace.If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.
For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.
Disclaimer: For educational use only, not intended to be legal advice. -
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Could the very tools designed to enhance our productivity in the workplace be silently shaping a future of bias and invasion of privacy? Join me, Mark, as we delve into the profound impact AI is having on employment, from the boardroom to the break room. Along with insights from industry consultants, we unpack the transformative effects on hiring practices, highlighting the unseen biases lurking within AI algorithms. We confront the unsettling reality of how these systems could perpetuate discrimination and examine their role in employee surveillance, questioning the trade-off between efficiency and ethical practice.
In a world where AI's judgment can influence your career trajectory, understanding its reach into performance evaluations and mental health assessments is crucial. Our discussion traverses the spectrum from the benefits of AI, such as personalized support and early symptom detection for mental well-being, to the darker side of increased scrutiny and emotional surveillance. We dissect the delicate balance between leveraging AI for good while safeguarding against its potential to exacerbate workplace stress and breach the sanctity of personal data.
Finally, we grapple with the complex relationship between trust and technology as AI surveillance becomes an unwelcome fixture in our professional lives. I emphasize the pressing need for self-awareness and proactive measures in protecting our digital footprints from prying algorithmic eyes. The responsibility to navigate these murky waters lies not only with employers and regulators but with each of us as individuals. As we sign off, I urge you to stay vigilant and informed, for the AI-driven workplace is not a distant futureâit's here, and its implications are profound.If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.
For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.
Disclaimer: For educational use only, not intended to be legal advice. -
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Can you imagine facing a nightmare in the very place meant for professional growth? Carol Tomka's story, set nearly three decades ago, echoes the chilling experiences that, unfortunately, still resonate in today's workplaces. This episode brings to light the harrowing journey of Carol, who suffered sexual assault and harassment within the confines of her job at Sieler's Environmental Services. Your ears won't believe the denial and legal wrangling that ensued as we walk through the painful reality many face in silence. It's a grim reminder of why the fight against workplace sexual assault and harassment is far from over.
As we navigate the complexities of employer liability, Robert Bowe's investigation, and Sealer's internal decisions, we confront the sobering legal battles Carol endured. The courtroom became a battleground for defining the liability of employers under Title VII, with the Second Circuit weighing in on Sealer's responsibilities. This chapter of Carol's saga isn't just about the legalities; it's a crucial discourse on the mishandling of boundaries in professional settings. Listeners will gain a deeper understanding of the legal framework and the ever-important issue of maintaining respect and safety in the workplace.
Lastly, we dissect the legal twists in Tomka's case, scrutinizing the alleged retaliatory discharge and the role of trial in such disputes. This episode doesn't just recount the facts; it delves into the human aspectâthe impact of employer actions on an individual's career and the complex dance of proving discrimination in court. By revisiting the Second Circuit's reversal and the settlement that followed, we stress the importance of clear definitions when it comes to supervisor roles and the conditions they create. Join us in a thought-provoking exploration that aims to arm employees with the knowledge to confront and overcome workplace challenges.
Link to Case Decision: Tomka v. Sieler Corp., 2d Cir.
https://caselaw.findlaw.com/court/us-2nd-circuit/1321133.htmlIf you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.
For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.
Disclaimer: For educational use only, not intended to be legal advice. -
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Could your company's efforts to foster diversity be paradoxically fueling discrimination? Unpack the complexity of corporate DEI programs with us, as we scrutinize their waning popularity and the alarming suggestion that these well-intentioned initiatives might actually be nurturing a new kind of racism and reverse discrimination. In an era where affirmative action and its ripple effects are under the Supreme Court's microscope, we dive into the legal and ethical quagmire faced by businesses striving to balance inclusivity with anti-discrimination laws. Through candid conversations and real-life narratives, we peel back the layers on the legal tightrope that companies walk as they navigate these transformative times.
This episode is not just a critique but a journey to understand the soul of corporate America's struggle with diversity. Listen closely as we confront the thorny issues surrounding race-based quotas and metrics, and how they might betray the very principles of equality and meritocracy they aim to uphold. With references to historical civil rights statutes and an analysis of current legal perspectives, we aim to provide a nuanced view of the ongoing debate. We don't shy away from the contentiousâthe experience of employees who feel marginalized by DEI initiatives, the debate over the validity of tools like Harvard's implicit bias test, or the case of alleged reverse discrimination at Morgan Stanley. Join us for an unflinching look at the challenges of achieving true equity in the workplace without infringing on individual rights.
Links:
https://capclaw.com/employers-dont-want-dei-to-succeed/
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https:/www.supremecourt.gov/opinions/22pdf/20-1199_hgdj.pdf
https://www.pionline.com/esg/wall-streets-dei-retreat-has-officially-begun
https://www.wsj.com/articles/reports-of-dei-death-are-greatly-exaggerated-implicit-bias-test-systemic-racism-f7122674?st=y9son25mrjp7w00&reflink=desktopwebshare_permalink
https://capclaw.com/wp-content/uploads/2024/03/Meyersburg-v-Morgan-Stanley.pdfIf you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.
For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.
Disclaimer: For educational use only, not intended to be legal advice. -
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Embark on a legal journey that cuts to the core of workplace ethics as we dissect the Billie Banks vs. General Motors case, a paramount lawsuit that challenges our understanding of race-based discrimination and hostile work environments. This episode lays bare the incidents of racial taunts and sexual harassment that Banks endured, exploring the employer's inadequate response and the subsequent legal battles that ensued. We promise to guide you through the complexities of the law, the precedents that shape court decisions, and the nuances of retaliation, disparate treatment claims, and what truly constitutes a hostile work setting.
Hear the harrowing tale of Banks's struggles with General Motorsâa narrative that exposes the dark side of corporate America and the challenges of disability leave. As we scrutinize the suspension of benefits and the questionable psychiatric evaluations Banks faced, we highlight the bitter realities of discrimination in the workplace. Banks's story isn't just a legal case; it's an eye-opener on corporate missteps , hostile work environments and their dire consequences on an individual's career and well-being. This chapter offers an unflinching look at the personal toll exacted by workplace discrimination and the uphill battle for justice and respect.
Our final act pulls back the curtain on the legal labyrinth that Banks navigated in her pursuit of vindication. Analyzing the district court's initial rulings, the pivotal reversal of the hostile work environment claim, and the Supreme Court's perspective on discrete acts of discrimination, we illustrate the concrete implications for employees like Banks. Join us as we evaluate the continuing violation doctrine, the critical timing for filing discrimination charges under Title VII, and the profound impact of judicial interpretation on workplace hostilityâultimately reinforcing the importance of these legal concepts for employees.
Case Update: On February 8, 2024, the U.S. District Court for the Western District of New York reported the parties had reached an undisclosed settlement. A resolution that took ten years!! Obviously, the facts did not look great for the defendant before trial which was to start on July 12, 2024.
Link to Court Decision:
https://law.justia.com/cases/federal/appellate-courts/ca2/21-2640/21-2640-2023-09-07.htmlIf you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.
For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.
Disclaimer: For educational use only, not intended to be legal advice. -
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Could an algorithm determine your career future? We're peering into the transformative world of AI-driven employee performance reviews, dissecting the complexities and the concerns they introduce into the workplace. This episode takes a hard look at the implications of replacing traditional performance evaluations with AI's continuous feedback loop, as highlighted by the Wall Street Journal. There's a lingering question about whether this technology could unfairly influence terminations rather than enhancing fairness and transparency. With a critical lens, we navigate the murky waters of AI transparency, the programmers behind the curtain, and the potential biases that machines could perpetuate. It's a conversation about the trust deficit between American workers and management, and how genuine employee engagement is about more than surveillanceâit's about building a fundamental trust that no AI can replicate.
Links:
The Performance Review is Dying. Make Way for a Firehose of Feedback
The Movie "Her"
2001 a Space Odyssey- Hal
"The State of the Union is Not Good"If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.
For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.
Disclaimer: For educational use only, not intended to be legal advice. -
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Have you ever been thrust into the bewildering maze of disability claims? Fear not, because Mark is here to guide you through this critical journey. On todayâs episode is a comprehensive roadmap of the ERISA disability claims process, where Mark unravels the intricacies of both short-term and long-term disability benefits. Each step, from the initial claim to the potential transition to long-term benefits, is packed with nuances and essential tactics. Mark dissects the importance of a detailed narrative, the power of medical documentation, and the subtleties of communicating with your employer and the claims person at the insurance carrier. Plus, Mark will explore the protections offered by the FMLA and ADA, ensuring you're armed with the knowledge to protect your job and income during challenging times.
In this episode, Mark delves into the art of compiling a robust claim file, the challenges of mental health claims, and the strategic use of insider strategies for dealing with insurance carriers. He also uncovers the significance of fiduciary responsibilities and the potential of surveillance tactics. For those already on long-term disability, Mark discusses the importance of remaining vigilant and the necessity of applying for Social Security Disability Income (SSDI) as part of the process.
Lastly, should you find yourself at the precipice of an ERISA litigation battle, Mark will equip you with the strategies to win at the administrative level before you ever reach court. Mark will explore the federal court process, the importance of engaging an experienced ERISA attorney, and how to craft a narrative that resonates with a judge. Winning disability cases at the administrative level is no small feat, but with the right approachâwhich Mark will meticulously break downâsuccess is within reach. So tune in and letâs ensure you're prepared to secure the benefits you rightfully deserve.If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.
For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.
Disclaimer: For educational use only, not intended to be legal advice. -
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Discover the seismic shift in whistleblower protections as we trace the footsteps of Trevor Murray, the former UBS employee whose courage has carved a new path in the legal jungle. This episode is a treasure trove of insights for anyone standing at the crossroads of ethical decisions in the workplace, offering a guiding light through the murky waters of corporate fraud and employee rights under the Sarbanes-Oxley Act. With the recent Supreme Court ruling in Murray's favor, whistleblowers now have a fighting chance, needing only to demonstrate that their actions were a contributing factor to adverse employment actions rather than the sole reason.
Step into the arena where the scales of justice have tipped in favor of truth, as I dissect the nuances of establishing a solid fraud claim and the pivotal role of employment lawyers in this intricate dance. The conversation goes beyond the headlines, peeling back the layers of legal procedures, the strategic use of documentation, and the ever-important timelines that can make or break a case. As we explore the employer's hefty burden of proof and the impact of whistleblowing on employment termination, you'll emerge armed with the knowledge and confidence to navigate the complexities of workplace law, and perhaps, even change the game. Join me as we tackle the implications of this landmark decision for executives and employees alike, setting the stage for our next episode where we'll continue to unravel the fabric of workplace law.
Links in Episode:
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https:/www.supremecourt.gov/opinions/23pdf/22-660_7648.pdf
Employees can file claims by going to the OSHA website www.osha.gov/html/RAmap.html or call OSHA at 1-800-321-OSHA (6742). For a copy of SOX, the regulations (29 CFR 1980), and other information go to www.osha.gov and click on the link for Whistleblowerâ.If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.
For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.
Disclaimer: For educational use only, not intended to be legal advice. -
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Ready to discover the untapped benefits of creating menopause-friendly workplaces? Buckle up as we take you through the enlightening findings of Bank of America's study on menopause in the workplace. We uncover the critical need for employers to address the challenges faced by women going through this life-changing phase. By ignoring this key issue, companies not only fuel gender inequality but also risk financial losses. In our deep-dive analysis, we lay bare the impact of menopause on women's work lives, the alarming communication gap between employers and female staff, and the uncomfortable stigma surrounding discussions of menopausal symptoms at work.
What if we told you that there's a hidden financial motive behind the creation of menopause-friendly workspaces? Hold onto your seats as we expose the financial implications of neglecting this vital issue. From the Bank of America study findings, we reveal how companies are beginning to wake up to the importance of this topic, yet we also highlight the hurdles that persist. We conclude with practical strategies for employers to foster menopause-friendly workplaces, emphasizing the power of open dialogue in dispelling misconceptions and promoting equity. This episode is a must for those committed to creating an inclusive workplace.
Links to sites mentioned:
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https:/business.bofa.com/content/dam/flagship/workplace-benefits/id20_0905/documents/BofA_Lifestage-Report.pdf
https://www.nytimes.com/2023/05/22/nyregion/menopause-women-work.html?unlocked_article_code=1.-Uw.cYZ7.k4VePGRKYlg2&smid=url-share
https://hellobonafide.com/blogs/news/what-are-the-34-symptoms-of-menopause
https://menopause.org/
https://www.mavenclinic.com/programs/menopause
https://midday.health/
https://peppy.health/us/
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https:/8397591.fs1.hubspotusercontent-na1.net/hubfs/8397591/US%20Website%20Content%20-%20Resources/Steps%20to%20creating%20a%20menopause-friendly%20environment%20US.pdf
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https:/8397591.fs1.hubspotusercontent-na1.net/hubfs/8397591/US%20Website%20Content%20-%20Resources/How%20to%20have%20a%20menopause%20conversation%20as%20a%20manager%20US.pdf
https://www.pressdemocrat.com/article/industrynews/a-movement-to-make-workplaces-menopause-friendly/
https://law.justia.com/cases/federal/district-courts/FSupp2/94/68/2568968/
https://law.justia.com/cases/federal/district-courts/georgia/gamdce/4:2017cv00029/101094/12/
https://casetext.com/case/mesias-v-cravath-swaine-moore-llpIf you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.
For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.
Disclaimer: For educational use only, not intended to be legal advice. -
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In this episode I discuss why performance reviews do not work and why employers are to blame. Changing the name doesn't change the game! We confront the rising trend of replacing 'performance reviews' with softer terms like 'feedback' and 'feed forward.' Drawing on my own experiences as an employment attorney, we discuss the distinct lack of effective training for managers and the resulting damage to employee engagement and trust. We wrap up by emphasizing the crucial need for employers to view employees as valuable entities rather than mere 'human capital.' Join us on this enlightening journey and equip yourself with the knowledge to navigate these challenging workplace dynamics.
Links to Source Material:
https://www.shrm.org/hr-today/news/hr-magazine/spring-2023/pages/the-problem-with-performance-reviews.aspx
https://capclaw.com/employnomics/
https://www.nber.org/papers/w31762 Why Women Won
https://www.wsj.com/lifestyle/careers/companies-worker-management-feedback-feedforward-hr-9758d6a7?st=w0oqoil1scpj41l&reflink=desktopwebshare_permalink
https://www.performancereviewssoftware.com/cost-of-performance-management-software-in-2021/
https://www.gallup.com/workplace/468233/employee-engagement-needs-rebound-2023.aspx
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https:/sjfventures.com/wp-content/uploads/2015/11/Employees_Matter_Executive_Summary_PDF.pdf
https://www.workiva.com/resources/what-is-esg-environmental-social-governanceIf you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.
For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.
Disclaimer: For educational use only, not intended to be legal advice. -
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What if there were laws to protect the rights of pregnant and nursing mothers at work? Well, get ready to expand your knowledge on the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) and the Pregnant Workers Fairness Act (PWFA) that set the pace for better treatment of working mothers. Join us on this enlightening journey as we unravel the intricacies of these acts that mandate employers to provide reasonable accommodations to pregnant and postpartum workers, and ensure nursing mothers get ample break times and a private space to express breast milk. We'll delve into the key victories these laws represent for an overwhelming 9 million nursing mothers in the workplace- a ray of hope in the daunting task of juggling motherhood and work.
Our conversation doesn't end there. We'll dig deeper into how you, as a working mother, can leverage these acts to your benefit. From the importance of written requests for accommodations to maximizing protections through interactive processes, we've got you covered. However, it's not just about knowing your rights, it's also about holding employers accountable. So, we also shed light on the process of filing a complaint for non-compliance. Moreover, we put a spotlight on the urgent need for comprehensive paid leave policies in the US, to ensure that no mother has to choose between her job and her newborn. Wrapping up, we touch on a crucial yet often overlooked aspect of a successful business - employee engagement, loyalty, and trust. So get ready for an insightful episode packed with practical advice, informative discussions, and thought-provoking conversations about the world of working moms.
Links:
Providing Urgent Maternal Protections for Nursing Mothers Act
Filing Complaint under PUMP Act
Pregnant Workers Fairness Act
Filing Complaint under PWFA
2019 PEW Research Report: Among 41 countries, only U.S. lacks paid parental leave
NYTimes Article:If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.
For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.
Disclaimer: For educational use only, not intended to be legal advice. -
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The Earth shifted beneath our feet on May 30, 2023, when the National Labor Relations Board (NLRB) General Counsel declared non-competition agreements illegal. This is a game-changer, folks! Our discussion centers around the key reasons why this legal opinion packs the punch of law, the crucial role of administrative deference, and the jurisdiction of significant federal agencies like the NLRB. We also trace the ripple effects of this seismic shift on employers and employees alike, and the potential recourse for those on the receiving end of non-competition agreement threats.
Prepare yourself to traverse the terrain of this monumental change in employment law. We delve deep into the NLRB General Counsel's memo's critical reference to the 13th Amendment and its relevance to the ever-evolving discourse on labor rights. The episode closes on a hopeful note, as we underline the significance of this development for labor relations and worker rights nationwide. Tune in, absorb the wisdom, and arm yourself with the knowledge to navigate this new world order.
Links referred to in episode:
https://www.nlrb.gov/news-outreach/news-story/nlrb-general-counsel-issues-memo-on-non-competes-violating-the-national
https://apps.nlrb.gov/link/document.aspx/09031d4583a87168If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.
For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.
Disclaimer: For educational use only, not intended to be legal advice. -
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In this episode of the Employee Survival Guide, Mark addresses one of the worst possible sexual harassment and sexual assault stories that has ever occurred in the workplace. Mark interviews veteran news reporter and author Susan Antilla, NYTimes and Insider, who broke the story. It is just shocking what happened to Renee Zinsky and other women who worked for this employer.
The case is captioned as Renee Zinsky v. Michael Russin, Russin Financial, Russin Group, Simon Arias, III, Arias Agencies, S.A. Arias Holdings, LLC, American Income Life Insurance Compay, W.D. Pa. 2:22cv00547 (MJH) (filed 11/1/2022).The ramifications of the story are begining to impact this company and its reputation.
The interview, article and the complaint just speak for themselves. It is just a remarkable and dramatic tale of insanity of a magnitude Mark has never seen before in his entire legal career, and he has seen a lot of crap go down with clients and their workplaces.
Link to Blog article Mark wrote about this story and internal link to the Insider story written by Susan Antilla. CLICK HERE.
If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.
For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.
Disclaimer: For educational use only, not intended to be legal advice. - Vis mere
