Littler Labor & Employment Podcast

Jennifer Youpa, a shareholder in Littler’s Dallas office, and Kevin O’Neill, Senior Director of Littler’s Learning Group, discuss the importance of harassment complaint investigations in the #MeToo climate. As Jennifer and Kevin explain, investigatory responses can no longer be “one size fits all,” especially with the possibility of the viral disclosure of allegations or incidents through social media. In this podcast, Jennifer and Kevin reveal strategies and trends they have seen as they conduct training for employers on sexual harassment and related issues. They address the need for employers to plan various investigatory protocols well ahead of any complaints and how organizations can assess whether an external investigator may be beneficial.

Yesterday’s anti-harassment training won’t cut it in the #MeToo era. Employers must take stock of steps they have taken to prevent and stop sexual harassment in the workplace, and identify how they will answer the clear call for truly effective anti-harassment training. In this podcast, Littler attorneys Demery Ryan and Marissa Dragoo discuss key elements of updated training according to the EEOC’s Select Task Force on the Study of Harassment in the Workplace, including addressing civility in the workplace, promoting bystander intervention, and helping employers develop situational awareness to recognize the potential for harassment before it starts.

Developers and contractors in the construction industry have seen an increasing shortage of qualified labor in recent years. Apprenticeship programs are one way to attract workers to the industry and help them develop the skills necessary to succeed in the long-term. The current administration is taking steps to foster and expand regulated apprenticeship programs in this country. In this podcast, Littler Shareholders Keith Rosenblatt and Russ McEwan discuss what an apprentice program entails, how it benefits the construction industry, and how employers can participate in these programs.

In this podcast, Shareholder Sherril Colombo explores how legal services programs can benefit employers by supporting employees as they navigate non-workplace-related legal issues. Sherril sits down with Jacqui Ledon and Claudia Welsh from Legal Services of Greater Miami, who describe the free services that can be offered directly to individuals, and the organization’s community education programs. They discuss how these services — for example, assistance with family law matters, veterans issues, or elder care — can alleviate challenges to employees that otherwise might affect their productivity and attendance at work.

In this podcast, Helene Wasserman, co-chair of Littler’s Jury Trial and Litigation Practice Group, discusses how Human Resources personnel should respond if presented with harassment allegations – particularly if those complaints are lodged against high-ranking leadership. She addresses why workers often don’t speak up about harassment and how this trend may shift in light of charges swirling around high-profile players in numerous industries. Helene reviews critical “do’s and don’ts” for HR professionals handling harassment allegations, which can help protect all employees as well as the organization.

As 2017 winds down, and the window closes to complete any mandatory training, Kevin O’Neill, Senior Director of Littler Learning Group, chats with Dawn McKenney-Maxwell of Littler’s Knowledge Management team about employer training initiatives. Kevin identifies hot topics – social media and bystander training, for example – and reviews employer anti-harassment training duties, particularly in California. Kevin discusses how training approaches continue to evolve and how employers can embrace new trends and technology to make employee training more effective.

Corinn Jackson sits down with Littler Shareholders Natalie Pierce and Garry Mathiason to discuss the firm’s Robotics, AI, and Automation Practice Group. Natalie and Garry look back at how seismic technological advances have changed the modern workplace and describe the genesis of the group in response to the automation and AI revolution. In addition to addressing implications these developments have for employers, including worker displacement, accommodation issues and privacy and safety concerns, they provide practical recommendations for how employers can respond to the evolving workplace.

Predictive or fair scheduling laws have taken hold on the West Coast in the cities of Emeryville, California; San Francisco, California; San Jose, California; Seattle, Washington; and the entire state of Oregon. On the opposite side of the country, New York City has also adopted fair scheduling requirements. In this podcast, Littler attorney Deidra A. Nguyen provides a nuts and bolts overview of these laws and how they will impact your workplace. She sets out specific ideas for implementing compliance tools at your workplace, and provides an overview of where these laws may be headed. Listen to the podcast and then read Deidra’s in-depth Insight where she provides additional specific information with regard to how these laws are impacting your workplace. https://www.littler.com/publication-press/publication/who-could-have-predicted-fair-scheduling-requirements-pose-compliance

While employers are always juggling their compliance obligations, immigration issues have taken on particular importance under the Trump administration. In this podcast, Shareholder Jorge Lopez from Littler’s Miami office, along with Sean McCrory out of Littler’s Dallas office, discuss key workplace compliance issues. They review I-9 and visa requirements and the potential for an increase in ICE audits and worksite visits. Jorge and Sean also address the uncertainty surrounding the DACA (Deferred Action for Childhood Arrivals) and TPS (temporary protected status) programs. They offer employers tips on how to be proactive in light of expected changes in policy and enforcement priorities.

How an employee’s work performance is documented can make the difference between winning and losing at trial. In this podcast, Shareholder Helene Wasserman from Littler’s Los Angeles office and Co-Chair of Littler's Trials and Litigation Practice Group discusses how email has invaded the domain previously reserved for more formal written communications, and what steps to take to help protect your company from costly e-mistakes.

In Quentin Tarantino's classic film, "Pulp Fiction," two hitmen, Jules and Vincent (played by Samuel L. Jackson and John Travolta), find themselves in a farcical and escalating "mess" – requiring the advice of a "fixer" known as "The Wolf" (played by Harvey Keitel). The Wolf arrives at the scene, assesses the situation with cool detachment, and develops a detailed plan to extricate Jules and Vincent from their unsavory dilemma. Imagine "The Wolf" insisting on phoning in his assistance instead of working in person with Jules and Vincent. Would he have been as effective? In this podcast, we discuss how agile work and employee requests to work from home implicate obligations under employment laws – specifically the Americans with Disabilities Act and other non-discrimination laws.

With the increasing threat to organizations from data breaches, HR plays a critical role in helping prevent and minimize the risk from cyber theft. This podcast will address how to identify potential cyber security problems, workforce challenges in data protection, and the use of policies, training and employee education that are designed to protect private and sensitive data.

Having an effective and consistent investigation process can play an important role in a company's culture. Join Kathy Cooper Franklin, Littler shareholder, as she talks about creating a speak-up workplace culture, walks you through the six stages of an investigation, and explains the importance of written guidelines in an investigation process. This podcast provides employers with insight and tips for conducting internal investigations in the workplace.

Cases filed against home care companies are at an all-time high. What pay practices may cause trouble for home care companies? Find out how to help protect your company and to try to avoid or better defend your business against potential litigation. Join Littler shareholder Angelo Spinola for an informative podcast about wage and hour issues unique to the home care industry, including exempt vs. nonexempt classification of workers, the salary plus pay method, outside sales positions, mileage reimbursement, the continuous work day theory and more.

In California, signatures are being gathered in support of the “Control, Regulate and Tax Adult Use of Marijuana Initiative.” The initiative is likely to qualify for the November 2016 ballot and, if passed by the voters, could legalize the recreational use of marijuana in California. In this podcast, Bruce Sarchet, Littler Mendelson Shareholder, explains the current status of California law in this area, the impact of Federal law, and the steps which employers can take now to prepare for this potential change in California.

Title III of the Americans with Disabilities Act (ADA) requires employers in a wide range of industries to ensure public accommodations, i.e. make their sites, goods and services accessible to individuals with disabilities. This impacts employers in numerous ways that have previously remained off the radar of ADA compliance but are now taking on greater focus, particularly regarding service animal access obligations and website accessibility. In this podcast, two Littler Mendelson shareholders, Peter Petesch, Esq. and Gavin Appleby, Esq., bring their subject matter expertise to bear on this fast growing area of liability exposure. Peter and Gavin discuss the challenges and responsibilities presented by the laws and regulations that have emerged – or have yet to emerge – in the area governing provision of accessibility to individuals with disabilities.