The XpertHR Podcast (US)

With the Supreme Court blocking the Biden administration's vaccine-or-test mandate for large employers from taking effect, what happens next? And, does the ruling leave companies on their own when it comes to vaccine-related safety measures? XpertHR Legal Editor David Weisenfeld breaks down this monumental ruling striking down the COVID-19 Emergency Temporary Standard (ETS) that would have affected an estimated 84-million employees, and a separate opinion upholding a vaccine requirement for health care workers. Meanwhile, XpertHR Legal Editor Melissa Boyce, who leads our vaccination resource coverage, discusses how employers can proceed now that the Supreme Court has spoken.

Littler employment shareholders Bruce Sarchet and Emily Patajo join XpertHR Legal Editor David Weisenfeld for an in-depth look at the many new developments affecting California employers in 2021. Some of the more notable developments include the: Expansion of the California Family Rights Act to apply to employers with five or more employees; New pay data-reporting requirements for employers with 100 or more employees; Emergency COVID-19 workplace safety regulations; Changes to the California Consumer Privacy Act; and Added diversity requirements for the boards of publicly held corporations.

On this podcast, Littler employment attorney Natasha DeCourcy joins XpertHR Legal Editor David Weisenfeld to discuss what happens if the Families First Coronavirus Response Act and its federal paid leave provision is allowed to expire on December 31. DeCourcy takes employers through all the potential contingencies, including whether an expiration also means the end of an employer's ability to continue claiming tax credits. She also advises that employers should not mention the FFCRA, or anything related to COVID, at all in their employee handbooks because of the fleeting nature of these requirements.

This podcast explores the various changes employers should expect after President-elect Biden takes office on January 20, as Proskauer employment attorneys Anthony Oncidi and Laura Fant join XpertHR Legal Editor David Weisenfeld. Oncidi heads the labor and employment group at Proskauer's Los Angeles office while Fant practices with the firm's New York City office. While there would have been more developments had the Democrats taken control of the Senate (at best they can achieve a 50-50 split), Oncidi and Fant agree there will be significant action at the regulatory level. 

Employment lawyer David Whincup provides practical tips on managing the end of a redundancy process.

Long-time employment attorneys Jonathan Hyman and Robin Shea, both accomplished bloggers on workplace issues, join XpertHR Legal Editor David Weisenfeld for a wide-ranging discussion about employee social media use. Generally speaking, employers can hold an employee responsible for posts on their personal social media accounts. But there are lots of exceptions to the rule. "Employers can't get too draconian or employees will perceive them as Big Brother," said Hyman. "The message shouldn't be 'don't post political stuff.' It should be 'let's be respectful.'" Shea asserted that employers must avoid content-based judgments. "You can't allow pro-Biden posts and not pro-Trump posts." Both agree there may be situations where employers may need to hold employees accountable for what they post on their personal social channels (e.g. harassment or calls for violence).

A new school year has started, and it is presenting unprecedented challenges for working parents and employers. Many schools are physically open on a reduced schedule or 100% remote. The US Department of Labor recently tried to clear up confusion regarding an employee's eligibility for leave under the Families First Coronavirus Response Act (FFCRA) when a child's school is on a hybrid or remote schedule. On this podcast, Littler employment shareholder Jeff Nowak joins XpertHR Legal Editor David Weisenfeld to discuss a host of back to school leave issues. Nowak is sympathetic to the plight many parents are facing, but said they cannot take leave under the FFCRA for the hours or days that their child's school is open. However, he advises employers to look for creative solutions when possible in noting that they will help them to be an "employer of choice" when the coronavirus pandemic is over.

HR is at a tipping point, and must take a fresh look at how it approaches job candidates and employees. That's according to Ira Wolfe, author of "Recruiting in the Age of Googlization: When the Shift Hits Your Plan," who joins XpertHR Legal Editor David Weisenfeld to discuss recruiting challenges during this time of uncertainty. Wolfe is the president of Success Performance Solutions and often presents at SHRM conferences.

In our continued look at diversity and inclusion issues, corporate culture consultant Joy Stephens joins XpertHR Legal Editor David Weisenfeld to discuss the importance of having serious conversations about racial inequality to create greater understanding among your employees. That includes raising questions with your management team. "If black people make up 10% or 11% of the country, why don't they make up 10% or 11% of the leadership team?" asked Stephens. "If you have an all-white executive board, ask yourself why." Noting that diversity is no longer an expendable line item, Stephens said she would like to see these conversations extend to other marginalized groups. "The differently abled, LGBT employees and others also suffer from microaggressions," noted Stephens. "All of them need that same attention."

Employers have had to adopt a host of new policies and procedures during the COVID-19 crisis and must continue weighing changes that were unthinkable just a few months ago. This podcast features unique insights on ways to answer employee questions and prepare for future challenges from Ogletree Deakins employment attorney Kathy Dudley Helms, who heads her firm's Columbia, South Carolina office and Lin Hearne, Director of HR Operations for Acute Care at Prisma Health. Helms and Hearne share perspectives from the compliance side and the practical side on: Remote work policies; Visitor and mail policies; Bonus pay; Childcare issues; and Communicating changes to employees.

The Supreme Court broke new ground with its 6-3 ruling that an employer that fires someone merely for being gay or transgender violates Title VII of the Civil Rights Act. The Court's decision is a major victory for LGBT employees, who had lacked basic job protections in more than half of the states. Anthony Oncidi, head of the labor and employment group for Proskauer's Los Angeles office, joins XpertHR Legal Editor David Weisenfeld to discuss the ruling's significance, what it means for employers and what the next big workplace issue will be at the nation's highest court.

The co-author of a Harvard Business Review article on why US businesses must take meaningful action against racism, Laura Morgan Roberts, and the co-chair of Littler's EEO and Diversity Practice Group, Cindy-Ann Thomas, join XpertHR Legal Editor David Weisenfeld for a discussion about the nationwide response to George Floyd's suffocation death at the hands of police in Minneapolis. Roberts and Thomas discuss the importance of candor in corporate messages. It's especially important not to couch terms or tiptoe around the realities of the situation, said Thomas. "Employers need to show they understand by using words in their statements like: Murder; Racism; Injustice; and Marginalization." "You have to talk about it," said Roberts. "It's not a time to be silent." Both said this crisis illustrates more than ever the need for long-term investment in diversity and inclusion initiatives.

Employers are facing numerous dilemmas as they prepare to reopen their worksites. New York City employment attorney Jason Habinksy joins XpertHR Legal Editor David Weisenfeld to discuss how to handle these return-to-work challenges without violating employment laws. Habinsky chairs the labor and employment practice group at Haynes and Boone. "HR professionals will be additionally busy as we return to the workplace," said Habinsky. "A big part of that is going to be reassuring employees that their employer is taking steps to protect them." Habinsky notes that the next phase after returning to work will likely be the complaint and litigation phase. Some key issues for employers to be aware of include: How to accommodate at-risk employees; Privacy concerns involving employee temperature checks; OSHA considerations; Discrimination claims involving furloughs; and Potential wage and hour claims.

Employers are facing many challenges as they weigh what a return to work will entail, and how it can be done safely. On this podcast, Global Workplace Analytics President Kate Lister joins XpertHR Legal Editor David Weisenfeld for a wide-ranging conversation about the future of work and what offices may look like in the years ahead. "The genie is not going back in the bottle with telework," said Lister. "The surveys we've done show the large majority of people who hadn't worked from home before want to continue doing it." Meanwhile, amidst the business downturn, she noted that many employers are taking a fresh look at whether they really need all of their office space.

On this podcast, Brower joins XpertHR Legal Editor David Weisenfeld to discuss the crisis and offer tangible ways to reduce stress. She also addresses how managers can help, including understanding mental illness under the Americans with Disabilities Act. Brower has written a book about creating work-life fulfillment and has engaged with many Fortune 500 companies during her career. Some tips include: Maintaining a daily routine; Being grateful for the little things; Setting boundaries (e.g. not talking coronavirus over dinner); and Limiting time reading or watching the news.

Millions of US workers are able to receive federally mandated paid leave for the first time under the Families First Coronavirus Response Act (FFCRA). But with few employers unscathed by the COVID-19 crisis, many are wondering what this emergency law means for them. Littler employment attorney Jeff Nowak, a leading authority on leave law issues, joins XpertHR Legal Editor David Weisenfeld to break down the FFCRA. "This new law is fraught with compliance issues," said Nowak. What concerns him the most is how employers will take paid leave into account in conjunction with the Family and Medical Leave Act and state and local leave laws. But Nowak said the availability of immediate tax credits eases the burden on employers somewhat.

On this podcast, Laner Muchin employment attorney Peter Gillespie addresses several key issues affecting businesses in the new COVID-19 landscape, including: Whether relief is available to businesses that disagree with having been deemed "nonessential"; How multistate employers should handle discrepancies regarding who are essential workers; Whether it is enough for an employer to give out gloves and surgical masks in an effort to stay open; and Other key employer obligations under OSHA.

The news has been rather bleak on the employment front of late to say the least. A record 6.6 million Americans filed unemployment benefits claims last week, after nearly 3.3 million unemployment benefits claims were filed two weeks ago, up from just 200,000 one month ago. At the heart of this has been the spiraling number of business closings and temporary shutdowns taking place amid COVID-19. On this podcast, Ford Harrison employment attorney Amy Turci joins XpertHR Legal Editor David Weisenfeld to discuss what employers need to know about the Worker Adjustment Retraining and Notification (WARN) Act, plant closings and temporary furlough issues. Turci is a member of her firm's Coronavirus Taskforce and practices with its Jacksonville, Florida, office.

Working from home is one thing, but working from home with children in the house 24/7 or elderly relatives to care for is quite another. On this podcast, XpertHR Managing Director Scott Walker discusses those challenges, how this crisis has affected him personally and specific steps he has taken to maintain staff morale. "We don't know when this is going to end. All of our offices are in a form of lockdown," said Walker. "You need to strike that right balance between creating a sense of fun and engagement when people are working at home disconnected from their team members."

This podcast features one of the nation's leading experts on unconscious bias at work, Dr. Sondra Thiederman. Having worked with Fortune 500 companies, Thiederman noted that positive biases can be just as damaging as negative ones when it comes to damaging an organization's recruiting efforts. For instance, Thiederman said the following "positive" biases can prevent HR from seeing candidates as they really are: Millennials are always good with technology; Older workers tend to be reliable; and Asians bring strong math skills to the table.