Littler Labor & Employment Podcast

Stephan Swinkels, a Littler shareholder in New York, moderates this roundtable discussion concerning what HR issues are top of mind for European employers. This esteemed panel – including Carlo Majer (Italy), Guillaume Desmoulin (France), Thomas Griebe (Germany), Hannah Mahon (United Kingdom), Koen De Bisschop (Belgium), and Wouter Engelsman (Netherlands) – parses the results of Littler’s inaugural Executive Employer Survey in Europe, which identified the legal and HR issues currently having the greatest impact on the workplace in that part of the globe. The group reviews some of the key findings and surprises from the survey for each country and looks ahead to what employment issues (e.g., Brexit, pay equity, technological advances) will continue to dominate attention across Europe in the coming year. Read the report at https://www.littler.com/publication-press/publication/littlers-executive-employer-survey-europe-2018.

In this day and age, virtually every service provider has adopted some form of technology to assist clients and customers. Why should the delivery of legal services be any different? Scott Rechtschaffen, Chief Knowledge Officer at Littler Mendelson, and Kevin Mulcahy, Vice President of Education and Community Programs at Neota Logic, recently served as adjunct professors at Cornell Law School to teach students how law firms and tech companies are bridging the law-technology gap. The course, taught at Cornell Tech in New York City, culminated in a contest where students were able to showcase innovative ways to provide legal assistance through new platforms and applications. In this podcast, Scott, Kevin, and students reflect on the course and the evolution of legal services.

Emily Haigh and Devjani Mishra from Littler’s Manhattan office provide the inside scoop on some of New York City’s newest workplace regulations. Emily and Devjani first explore how the cooperative dialogue ordinance affects the procedures that employers use to evaluate employee accommodation requests. They discuss the law’s dialogue and documentation requirements plus how the law interacts with other NYC ordinances, including the paid sick and safe time and temporary scheduling laws. Emily and Devjani also review the city’s new lactation accommodation law, which takes effect on March 18, 2019.

The use of automation, artificial intelligence, and robotics to make or provide products and services is no longer uncommon. But what about the use of these tools in making hiring and other employment decisions? Automating HR functions can help businesses streamline their operations, increase productivity and employee morale, and help conquer unconscious bias, but potential pitfalls abound when used incorrectly. In this podcast, Natalie Pierce, a Shareholder in Littler’s San Francisco office and Co-Chair of the Robotics, AI and Automation Industry Group, joins GQ|Littler Partner Raoul Parekh and Associate Dónall Breen with the London office in discussing how automation is creating opportunities and posing challenges in the world of HR and employment law.

Earlier this year, New York State adopted anti-sexual harassment legislation that the Governor described as the "strongest and most comprehensive" in the country, and that is now fully effective. As of October 9, 2018, employers must distribute to all New York-based employees an updated anti-sexual harassment policy that covers a number of key areas. Over the next 365 days, employers also must train all New York-based employees regarding sexual harassment and retaliation, and repeat such training annually thereafter. New York City has a similar sexual harassment training requirement that goes into effect on April 1, 2019. In this podcast, Littler attorneys Devjani Mishra and Emily Haigh help employers operating in New York State and City navigate these new requirements.

Littler attorneys Michael Kessel, Russ McEwan and Alan Model, out of our Newark office, discuss the importance of cultivating “employee engagement” to foster a productive, invested workforce. They also describe the new Littler Positive Employee Relations Series, which offers customized, intensive training to supervisors on the causes of negative morale and then arms them with practical tools to spot and handle problems before they get out of hand. https://www.littler.com/service-solutions/llg/positive-employee-relations

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.