K&L Gates Working Wise
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Working Wise was created by the K&L Gates Labor, Employment and Workplace Safety practice to provide updates and compliance tips to lawyers and HR professionals.
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Mar 29, 2023
2022 Health Care Employment Law Year in Review
In this episode, Sarah Carlins and Spencer Hamer discuss employment law and the health care sector. They review highlights from 2022, as well as developments that will impact employment law and the health care sector in 2023, including vaccine mandates, telehealth regulations, pay equity, and health care staffing regulations.
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Aug 19, 2022
Silenced No More: A Survey Across Three States
Penny Chen, Jin To, and Jessica Kang, lawyers in K&L Gates’ Labor, Employment and Workplace Safety practice group, discuss California, Illinois, and Washington states’ various “silence no more” type acts, which prohibit employers from entering into agreements with employees that would prevent them from discussing or disclosing certain workplace conduct, such as sexual harassment, discrimination, retaliation, and more.
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Mar 23, 2022
2021 Health Care Employment Law Year in Review and a Look Forward
In this episode, Lou Patalano, Jacqueline Hoffman, and Spencer Hamer discuss employment law and the health care sector. They give a review of highlights from 2021, as well as developments that will impact employment law and the health care sector in 2022, including vaccine mandates, non-competes, and diversity, equity and inclusion.
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Oct 21, 2021
Appropriate Costumes vs. Cultural Appropriation: A Halloween Guide for Employers
With Halloween creeping up, Rio Gonzalez and Claire Flowers offer various considerations employers should keep in mind as they plan any in-person or virtual holiday-related festivities for their workforce.
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Sep 14, 2021
COVID-19: K&L Gates Working Wise: Federal Government to Require Employers and Federal Contractors to Mandate Employee Vaccination or Weekly Testing
Bryan Cantrell summarizes the White House’s recent announcements directing the Occupational Safety and Health Administration to issue an Emergency Temporary Standard requiring employers with 100 or more employees to mandate coronavirus vaccination or weekly negative testing for in-person workforce, as well as President new Biden’s Executive Order. This states new and renewed federal government contracts and subcontracts must include language requiring compliance with Safer Work Force Taskforce requirements mandating vaccination.
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Jul 8, 2021
K&L Gates Working Wise: OFCCP Enforcement in the Health Care Space
Health Care partners Sarah Carlins and Jackie Hoffman interview Labor, Employment, and Workplace Safety partner Craig Leen in this episode of Working Wise, recorded in collaboration with our Triage podcast. As the former director of the Office of Federal Contract Compliance Programs (OFCCP) at the U.S. Department of Labor, Craig shares engaging insights about OFCCP enforcement in the health care industry and what health care entities can do to ensure compliance with OFCCP requirements, including affirmative action and non-discrimination.
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Oct 23, 2020
K&L Gates Working Wise: Transitioning to the “New” Normal -- Strategic Considerations for Moving to Long-Term Work From Home
A number of businesses that historically operated in a traditional office environment have been forced into temporary work-from-home arrangements due to the COVID-19 pandemic. These businesses are now considering transitioning to more formal work-from-home or hybrid models, as businesses and employees have discovered some of the benefits of working from home in the last several months. In light of this movement, this podcast focuses on the issues companies should consider when managing a remote workforce for the long-term. Listen as Leann Walsh, a partner in K&L Gates' Labor, Employment, and Workplace Safety Practice, and Ali Greene, founder of cohana, a consulting business that helps companies succeed in their transition to remote work, discuss the business and legal tips all companies should know during this transition.
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Jul 29, 2020
COVID-19: K&L Gates Working Wise: Navigating Your Business Through a Shifting Enforcement Landscape: Practical Advice in the Time of COVID-19 Workplace Safety Enforcement
In this podcast, Nicole Stockey, Megan Moore, and Melanie Stratton Lopez discuss potential government enforcement actions employers need to consider when returning to work, with a focus on OSHA’s enforcement guidance.
Presenters: Nicole A. Stockey, Megan N. Moore, Melanie Stratton Lopez
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Jun 25, 2020
COVID-19: K&L Gates Working Wise: Reopening Resources for Business—Examining Employer Liability Series—Workers’ Compensation and Civil Liability Concerns
In this podcast, David Lindsay and Erinn Rigney explore the risks to employers of businesses operating during the COVID-19 pandemic and discuss workers’ compensation and civil liability theories of recovery for employee exposure in the workplace.
Presenters: David C. Lindsay and Erinn L. Rigney
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Jun 19, 2020
COVID-19: K&L Gates Working Wise: Managing the Workplace when Employees Must Remain at Work With Increased Hours and/or Overnight
With the spread of COVID-19, employers across certain industries are seeing an increased need to keep employees at work for longer hours, and even overnight. In this podcast, Leann Walsh, Leah Baucom, and Desiree Moore discuss key considerations in managing the workplace in the current climate, including best practices under employment laws, practical considerations to boost employee morale, and a robust communications strategy in the face of potential legal and other repercussions.
Presenters: Leann Walsh, Leah Baucom, Desiree Moore
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Apr 6, 2020
COVID-19: K&L Gates Working Wise: COVID-19 and Workforce Reductions
COVID-19 has wreaked havoc on the economic and social fabric of the United States. As more and more state and local jurisdictions are enacting stay at home policies that restrict individuals' activities and businesses' operations in efforts to counter the virus's spread, employers are increasingly evaluating different scenarios that will both take care of their employees and keep their businesses afloat amid this economic crisis. In this episode, Greg Lewis provides a high-level view of the employment law landscape to assist employers with both considerations. This episode explains some of the most common forms of wage and hour reductions employers implement during seasons of financial hardship and highlights some of the obligations employers owe their employees when these reductions occur.
Please note that the COVID-19 statistics in this podcast reflect the original date of the recording, March 25, 2020.
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Feb 11, 2020
Working Wise: Coronavirus Concerns in the Workplace
The World Health Organization has declared the 2019 novel coronavirus a global health emergency. With thousands of confirmed cases of coronavirus in more than two dozen countries outside of China, many employers in the United States are wondering what they can do to stop its spread into workplaces and protect their employees. In this episode, we will answer key questions about how employers can meet their legal obligations and help prevent the spread of coronavirus in the workplace.
Presenter: Melanie Stratton Lopez
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Dec 16, 2019
K&L Gates Working Wise: 2019 Family and Medical Leave Act of 1993 Department of Labor Opinion Letter Updates
The U.S. Department of Labor released three opinion letters in 2019 regarding the Family and Medical Leave Act of 1993 (FMLA). In this episode, Leann Walsh, Melanie Stratton Lopez, and Avery Miller summarize the opinion letters and explain how the new guidance documents may assist employers when managing complex employee leave of absence issues.
Presenters: Leann Walsh, Melanie Stratton Lopez, and Avery Miller
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Dec 10, 2019
K&L Gates Working Wise: New Oregon Legislation of Importance for Employers
The Oregon legislature was active in 2019. Several new laws were passed that impact employers, including a longer statute of limitations for employment claims, paid family leave, and additional requirements for non-competition agreements. In this episode, Kjersten Turpen discusses the new laws employers need to know.
Presenter: Kjersten Turpen
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Nov 26, 2019
K&L Gates Working Wise: Recent Supreme Court of Pennsylvania Ruling on Fluctuating Workweek Method of Calculating Overtime
The Supreme Court of Pennsylvania recently held that the fluctuating workweek method of calculating overtime, which is permitted under the federal FLSA, is not permitted under Pennsylvania law. In this podcast, we will discuss the decision, its impact, and related legislative and regulatory developments to watch.
Presenters: Amy Groff and Jon Vaitl
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Nov 14, 2019
Working Wise: New Jersey's Compassionate Use Medical Marijuana Act
In this episode, Meghan Meade discusses employer obligations towards disabled employees in light of New Jersey's recent amendments to the Compassionate Use Medical Marijuana Act, finishing off with a brief update on what's new in New York City for marijuana-using employees.
Presenters: Meghan T. Meade
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Aug 29, 2019
Working Wise: Recent New York Harassment and Discrimination Legislation
In this episode, Laura Scully discusses key legislation that the New York State Governor signed on August 12, 2019, as part of his 2019 Women's Justice Agenda.
Presenters: Laura Scully
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Aug 19, 2019
Working Wise: Be Careful of Your Carrots and Sticks: Legal Pitfalls of Employer Wellness Incentives
In this episode, Scott Kobil discusses recent cases and EEOC action (and inaction) regarding employer wellness programs’ compliance with the Americans with Disabilities Act and Genetic Information Nondiscrimination Act. The episode examines some of the challenges facing employers and offers some helpful practices.
Presenter: Scott Kobil
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Jun 3, 2019
Working Wise: New Pay-Data Reporting Requirements
In this episode of the Working Wise Podcast Series, K&L Gates Los Angeles Associate Jimmy Ma discusses recent developments in the EEOC’s reporting requirements for employee pay data.
Presenters: Jimmy Ma
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May 8, 2019
Working Wise: Tips and Common Mistakes to Avoid for Employers in California
In this episode of the Working Wise Podcast Series, K&L Gates Los Angeles Associate Saman Rejali provides an overview of tips and common mistakes to avoid for employers doing business in California.
Presenters: Saman Rejali
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Jan 9, 2019
Working Wise: Proactive Strategies for Pay Equity Issues
In this episode of the Working Wise Podcast Series, K&L Gates Orange County Partner Spencer Hamer discusses recent trends in pay equity law, as well as proactive strategies employers can implement to promote pay equity in the workplace.
Presenters: Spencer Hamer
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Dec 18, 2018
Working Wise: Five Tips to Prepare for a Union Organizing Drive
In this episode, K&L Gates Seattle Of Counsel Catherine Smith discusses five key tips to help employers prepare for a union organizing drive and union representation election. Employers will learn what they can and cannot do in responding to union organizing efforts.
Presenter: Catherine C. Smith
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Nov 19, 2018
Working Wise: Use of Credit Checks by Employers
In this episode, Suzanne Thomas discusses federal and state regulations regarding employers' use of credit checks, and offers some helpful practices for employers.
Presenter: Suzanne Thomas
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Oct 8, 2018
Working Wise: United States Citizenship and Immigration Services Form I-9
In this episode, Hayes Stover discusses the obligations of employers to complete and retain United States Citizenship and Immigration Services Form I-9 for each of their new employee hires.
Presenter: Hayes Stover
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Sep 26, 2018
Working Wise: Protecting Confidential Business Information and Trade Secrets; Enforcement Options
In this episode of the Working Wise Podcast Series, Sam Hernandez discusses trade secrets, key regulations governing them, and considerations for employers before, during, and after employment.
Presenters: Samuel Hernandez
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Aug 28, 2018
Working Wise: Tips for Avoiding Independent Contractor Misclassification
In this episode, Joshua Rinschler discusses misclassification of employees as independent contractors and provides tips to employers for avoiding misclassification.
Presenters: Joshua Rinschler
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Aug 17, 2018
Working Wise: Recent Anti-Harassment Measures in New York State and New York City
In this episode of the Working Wise Podcast Series, Laura Scully addresses some recent, key anti-harassment measures legislated in New York State and New York City.
Presenters: Laura Scully
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Jul 13, 2018
Working Wise: Employer Responsibilities in a Natural Disaster
In this episode, Nickolas Spiliotis discusses employer responsibilities when a natural disaster hits. He covers wage and hour issues, employee protections, and tips for employers.
Presenters: Nickolas Spiliotis
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Jun 29, 2018
Working Wise: Workplace Considerations Related to the Opioid Epidemic
In this episode, Ryan Redekopp discusses some of the major workplace considerations related to the opioid epidemic, including potential signs that an employee might be suffering from addiction; considerations related to drug testing and drug-free workplace policies and practices; and issues related to disability accommodation and job-protected leave laws.
Presenters: Ryan Redekopp
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Jun 8, 2018
Working Wise: Age (Discrimination) Is More Than Just a Number: Job Applicants and the ADEA
In this episode, Erinn Rigney discusses a recent Seventh Circuit court decision that opens the door for job applicants to assert claims of disparate impact under the Age Discrimination in Employment Act (ADEA).
Presenters: Erinn L. Rigney
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May 15, 2018
Working Wise: United States Department of Labor, Wage & Hour Division – Pilot PAID Program
In this episode, Leann Walsh provides an overview of the U.S. Department of Labor's (DOL) new Payroll Audit Independent Determination Program (PAID). PAID is a six-month nationwide pilot program of the Wage and Hour Division (WHD) of the DOL. The program aims to facilitate resolution of potential overtime and minimum wage violations of the federal Fair Labor Standards Act (FLSA).
Presenter: Leann Walsh
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May 3, 2018
Working Wise: How the Supreme Court’s New Overtime Decision May Impact the Future of FLSA Exemptions
In this podcast, David Lindsay discusses the Supreme Court's recent decision in Encino Motor Cars v. Navarro et al., finding that auto service advisers are exempt employees and not covered by the overtime pay requirements of the Fair Labor Standards Act (FLSA). The Court's decision to reject the narrow construction of FLSA exemptions may have broad-reaching implications for employers.
Presenter: David C. Lindsay
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Mar 19, 2018
Working Wise: Navigating State and Local Paid Sick Leave Laws
In this episode, we discuss issues employers should be aware of regarding the ever-increasing number of state and local laws that require employers to provide paid sick leave.
Presenter: Daniel P. Hurley
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Feb 21, 2018
Working Wise: Recent Developments at the NLRB
In this episode, we review recent transitions at the National Labor Relations Board (NLRB) under President Trump, discuss four significant Board decisions issued in late 2017, and highlight what we should expect from the NLRB in 2018.
Presenters: Mark S. Filipini
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Jan 30, 2018
Working Wise: Accommodating an Employee's Disability through Leaves of Absence
In this episode, we highlight the challenges of accommodating an employee's disability through leaves of absence. The podcast covers the background of the Americans with Disabilities Act, how leave can be a reasonable accommodation, what an employer should request, difficult leave requests (indefinite leave, excessive leave, and intermittent leave), and normal elements of accommodation law, and concludes with a recent case from the Seventh Circuit that may be a roadmap for other courts.
Presenters: John M. Farrell
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Jan 22, 2018
Working Wise: White Collar Exemptions to the Overtime Requirements of the Federal Fair Labor Standards Act
In this episode, we highlight white collar exemptions to the overtime requirements of the federal Fair Labor Standards Act (FLSA) -- an overview of FLSA overtime requirements and the white collar exemptions to those overtime requirements; a summary of the Department of Labor's efforts to revise the overtime exemptions since 2016, including the current state of changes to the exemption; and tips for ensuring compliance with current regulations and preparing for the anticipated upcoming changes.
Presenters: C. Bryan Cantrell
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Dec 28, 2017
Working Wise: Marijuana Laws and Employee Protections
In this episode, we highlight considerations for employers as marijuana laws continue to evolve around the country -- testing challenges; state protections from employer discrimination for off-duty use; on-duty versus off-duty use of marijuana; federal versus state enforcement; and inclusion of marijuana in company policies on drug use.
Presenters: Bridget Blinn-Spears
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Dec 1, 2017
Working Wise: Internal Investigations of Employment Matters
In this episode, we discuss best practices in connection with conducting internal investigations -- what kinds of events trigger the need for an internal investigation; elements of an appropriate investigation; who should handle the investigation; conducting interviews of witnesses, the complaining witness, and the accused; the investigative report; and corrective actions.
Speaker: Vincent N. Avallone
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Oct 16, 2017
Working Wise: Tackling Risks Related to Forced Labor, Child Labor and Human Trafficking in Supply Chains
The Working Wise podcast series has been created by the K&L Gates Labor, Employment and Workplace Safety practice to provide updates and compliance tips to lawyers and HR professionals.
In this episode, we discuss best practices and risks relating to issues such as forced labor, child labor and human trafficking in global supply chains. Following the passage of the UK Modern Slavery Act (and earlier related legislation in the U.S.), several other countries have introduced or passed legislation in this area that impacts global companies. Just recently, the U.S. Department of Labor issued a news release that included information about new research and a new app called “Comply Chain” to help businesses combat child labor and modern slavery, as well as a new version of the “Sweat and Toil” app that provides relevant data about labor practices and risk organized by country and product type.
Speaker: Amy Groff
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