The Labor & Employment Podcast

Lee and Rosemary continue their conversation about essential considerations for employers as the year end approaches. Diving right in with bonuses, they emphasize the importance of clear communication regarding bonus eligibility and criteria to prevent misunderstandings. They touch on the implications of bonuses for leave and tax considerations and on the pitfalls of one-size-fits-all bonus structures. Rosemary and Lee also discuss minimum-wage changes, salary thresholds, W-2 distribution deadlines, and vacation and sick leave policies, and they suggest that it's a great time for employers to conduct a review of their payroll practices. After reminding everyone that your feedback matters, they sign off for this season. Look for new episodes early next year.

Welcome back, Rosemary! In this episode, Lee and Rosemary take their usual no-nonsense approach to the sometimes-fraught topic of the office holiday party. The conversation encompasses essential considerations for employers, like inclusivity, alternatives to traditional parties, dress codes, and tactics to manage alcohol consumption. Using the Six Ps Rule (“prior proper planning prevents poor performance”), the conversation highlights the importance of maintaining workplace standards during holiday celebrations and shares cautionary tales of past holiday party mishaps. The episode concludes with final thoughts on how to ensure a successful and safe holiday party experience for all employees.

In this quick solo episode, Barclay Damon's Lee Jacobs discusses the complexities of meal credit regulations in New York State. He covers the various categories of employees who might be included, and, as always, emphasizes the importance of compliance—for good communication, to foster a smoothly running workplace, and, importantly, to avoid penalties. Lee also explores the cost-benefit analysis of implementing meal credits, suggesting employers consider whether the administrative costs outweigh the savings. Lee refers again to the very important LS 54 form from the Department of Labor and closes out by asking for listeners' valuable feedback. Stay tuned for more and . . . the return of Rosemary Enright!

In another solo episode, Barclay Damon's Lee Jacobs lays out the intricacies of the uniform credit in New York State. Even if you're not an employer or employee in the hospitality industry, there is a lot of important information here. Many industries, including retail and health care, require uniforms, so listen in as Lee covers the definition of uniforms, employer responsibilities regarding uniforms, reimbursement requirements, and the consequences of noncompliance with labor regulations. Lee also provides practical advice for enhancing employee morale through effective uniform policies. Stay tuned for an upcoming episode on meal credits. Want more hot labor and employment updates? Join us for Barclay Damon's inaugural New York Labor & Employment Law Conference on October 16, 2024, from 8:00 a.m. to 4:00 p.m., at the Turning Stone Resort Casino in Verona, New York, for developments and trends in employment law, featuring Barclay Damon attorneys and our keynote speaker, Maureen Kielt, regional director of the EEOC. Register here.

No mysteries here! This episode of Barclay Damon Live: Labor & Employment Podcast discusses the topic of tipping, specifically focusing on the tip credit in New York State. In a quick solo episode, Lee Jacobs explains what a tip credit is and how it affects the minimum wage for tipped employees. He also discusses the requirements for taking the tip credit, including giving notice to employees and properly documenting tip distributions. Employers and others in the hospitality industry, listen in for valuable information, and stay tuned for more. Want more hot labor and employment updates? Join us for Barclay Damon's inaugural New York Labor & Employment Law Conference on October 16, 2024, from 8:00 a.m. to 4:00 p.m., at the Turning Stone Resort Casino in Verona, New York, for developments and trends in employment law, featuring Barclay Damon attorneys and our keynote speaker, Maureen Kielt, regional director of the EEOC. Register here.

In the latest episode of Barclay Damon Live's Labor & Employment Podcast, Lee Jacobs and Rosemary Enright continue their deep dive into all things overtime, extending into the complexities of joint employment and the common mistakes employers may make when calculating overtime pay. They highlight the issue of joint employment in the restaurant (and other) industries, where employees might work at multiple locations owned by the same entity. They also provide guidance on how to properly calculate overtime pay when taking the tip credit. As always, the hosts stress the need for accurate record keeping—and caution against relying solely on payroll companies for compliance. They conclude by inviting listeners to suggest future topics for discussion. Join in now!

In this episode of Barclay Damon Live's Labor & Employment Podcast, Lee Jacobs and Rosemary Enright dive even deeper into the topic of overtime, moving into higher-level concepts to answer your questions about overtime pay. From clarifying that the “workweek” is not necessarily Monday to Friday and is open to interpretation to helpful real-life examples, they also explain (and demonstrate, with Lee's handy on-screen calculator) how to determine overtime for salaried employees. As always, Lee and Rosemary emphasize the importance of properly paying employees for overtime. They've got more to share, so tune in for part two of this advanced topic.

Lee Jacobs and Rosemary Enright continue their conversation about the intricacies of overtime rules. Iterating their reassurances that if employers are following previously discussed federal and New York state guidelines, they should not have to be concerned, they deep dive into topics such as exemptions, damages calculations, and pay frequency. Using cautionary tales (Lee's “horror story” real-life examples), they emphasize the risks that come with not properly classifying and paying employees. The episode provides insights for employers navigating overtime regulations. Lee and Rosemary also mention the possibility of criminal liability. With a flurry of examples of the complexities of overtime details, they conclude by listing upcoming topics in this series. Send in your overtime-related questions, and stay tuned for more.

Lee Jacobs and Rosemary Enright discuss overtime rules and exemptions, assuring listeners that if they're following New York law, they are in compliance with the new federal overtime rules. They further address confusion surrounding the salary threshold and pay frequency, explaining the three main exemptions: executive, administrative, and professional. With their characteristic detail and real-life examples, Lee and Rosemary emphasize the importance of meeting all the criteria for each exemption, including duties and salary thresholds. They also discuss the increase in exemption thresholds and provide guidance on how to navigate the changes. So much to talk about! Stay tuned for part two.  

Longtime host Ari Kwiatkowski is back, fittingly from maternity leave, to discuss the Pregnant Workers Fairness Act (PWFA) regulations. The PWFA requires employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, and associated conditions. In this solo episode, Ari provides an overview of the law, its requirements, and what constitute known limitations, qualified employees, and reasonable accommodations. The episode also covers lactation accommodations as well as a current lawsuit against the EEOC.

In this continuation of Lee Jacobs's and Rosemary Enright's conversation on offboarding, the co-hosts' topics include the importance of sending timely notices of termination and unemployment insurance forms to terminated employees. They maintain that employers should refrain from providing written reasons for termination, and they discuss the different processes for voluntary and involuntary terminations as well as considerations for terminating contracted employees. Again using the example of a fictitious employee based on themselves, Lee and Rosemary provide helpful offboarding scenarios. Listen in to learn more.

Lee Jacobs and Rosemary Enright discuss the importance of employee offboarding and provide guidance on how to effectively navigate the process. The conversation highlights the risks of not having a formal offboarding policy that considers data security and ensures a smooth transition, whether the employee is leaving voluntarily or not. They discuss the importance of having clear policies in place and communicated to employees in advance and the payout of accrued vacation and sick time. Exit interviews are a good practice, both to gather feedback and to address potential issues. Rosemary and Lee conclude by reminding employers to send a notice of termination and that they are legally required to provide information on filing for unemployment benefits. Resources for this episode: Notice of Eligibility for UI Benefits Notices to Employees

In this ongoing, in-depth conversation, Lee Jacobs and Rosemary Enright get further into “the minutia” and related topics of employee onboarding. In part 3, they cover the importance of job applications and descriptions, offer letters, and employment agreements—once again emphasizing customizing to the organization's specific needs. They also discuss contracts and agreements, hospitality tips and tip pooling, uniform acknowledgments, direct deposit, cashless bans, the New York City commuter benefits form, training and certificates, and notices and posters. If you're following along, stay tuned for future episodes on topics like offboarding and the right time and way to conduct workplace investigations.

In this in-depth conversation, Lee Jacobs and Rosemary Enright get into “the minutia,” covering the importance of using the correct forms and documents during the employee onboarding process. They emphasize the potential legal consequences of not providing the wage acknowledgement form, among other forms, and the importance of ensuring compliance with relevant laws and regulations.

In this episode, Lee Jacobs and Rosemary Enright discuss many aspects of employee onboarding as well as related topics like job postings, applications, interviews, and more. Regarding onboarding, they emphasize setting the right tone from day one, cover the difference between onboarding and orientation, and highlight the legal requirements and potential pitfalls of the process. To be effective, Lee and Rosemary say, onboarding must be tailored to each specific business. In this wide-ranging conversation, Rosemary and Lee also touch on document storage and paper versus electronic documents, onboarding high-level employees, accommodations, and best practices. Look for more episodes soon on related topics. Resources for this episode: Federal Poster Requirements New York State Poster Requirements New York City Poster Requirements New York Department of Labor

Lee Jacobs and Rosemary Enright discuss updates for 2024 for employee handbooks, covering topics that include policy changes around sexual harassment, paid family leave, lactation accommodation, marijuana testing, electronic monitoring, and height and weight discrimination. They also touch on artificial intelligence in hiring decisions. Lee and Rosemary emphasize the importance of updating employee handbooks to ensure compliance with New York State and New York City laws as well as of providing employee training and resources to promote a safe and inclusive work environment.

In the first of a two-part conversation, Lee Jacobs and Rosemary Enright cover the basics of employee handbooks, emphasizing the importance of customizing your organization's handbook rather than relying on a generic one. They touch on the need to update handbooks annually, and they highlight key policies that should be included in handbooks, like those involving employment at will, drug and alcohol-free workplaces, and EEOC statements. Additionally, Lee and Rosemary discuss the importance of disability policies and the inclusion of required forms and acknowledgments. Be sure to tune in to Part 2, when Rosemary and Lee will address updates for 2024.

Welcome to Season 3 of the Labor & Employment Podcast and the first episode recorded in Barclay Damon Live's new state-of-the-art podcast studio! With regular host Ari Kwiatkowski out on maternity leave, her Barclay Damon colleagues Lee Jacobs and Rosemary Enright have stepped in to continue the conversation until Ari returns this spring. In this episode, Lee and Rosemary discuss important changes related to minimum wage in New York State, covering minimum wage increases, overtime eligibility, exemptions, and penalties for noncompliance. They also touch on the Wage Theft Prevention Act and the importance of providing accurate wage statements. Stay tuned for a new episode soon that will dig into employee handbooks.

In episode 66 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski offers a solo overview titled “Breaking Down the New PWFA Regulations,” regarding the Pregnant Workers Fairness Act. Ari notes that the PWFA requires employers to provide accommodations to workers' “known limitations related to pregnancy, childbirth, or related medical conditions absent undue hardship.” The new regs extend those accommodations to applicants as well, specifying that it's the worker or applicant's responsibility to communicate any limitations. The new regulations include examples of “related medical conditions,” which are helpful to understand what employers must consider. Listen in for more.

In episode 65 of Barclay Damon Live: Labor & Employment Podcast, “Order Up! Hot Tips for Employers in the Hospitality Industry, Part 2,” host Ari Kwiatkowski welcomes her Barclay Damon colleague Lee Jacobs back. In Part 1, they discussed topics that included minimum wage, overtime, frequency of pay, and on-call and call-in pay. In this episode, they dig into New York State's Wage Theft Protection Act. It's a big deal! Lee alerts all employers, especially those in the hospitality industry, to comply with the act from the start. If not, there could be serious fines and penalties. “Hard stop,” as Lee says. Listen in now for more.

In episode 64 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes her colleague Lee Jacobs back for an informative discussion about the intricacies of New York's Hospitality Wage Order, which governs the state's restaurant and hotel industries. Lee describes what some of the pitfalls are for employers—even those with the best intentions—when it comes to wages, pay frequency, accurate paperwork and accounting, what constitutes overtime, and more. Listen in now, and tune in next time for a deeper dive into New York State's Wage Theft Protection Act.

In episode 63 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes Barclay Damon New York City–based partner Lee Jacobs. Lee and Ari point out that New York City rules tend to be more employee friendly than rules in many other areas, and currently some of the most stringently watched areas of potential discrimination involve height and weight, caregiving, employment status, and victims of sexual violence, domestic violence, and stalking. They're hot buttons for employers. The best way to avoid problems? Don't let them start in the first place. Listen for more, and then watch for a new episode where Lee and Ari discuss hospitality-industry issues.

In episode 62 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes back Jennifer Behm, a partner at Berardi Immigration Law and immigration counsel at Barclay Damon, for “Immigration Alert! USCIS Publishes Revised I-9 Form.” Jennifer lets viewers and listeners know that the Department of Homeland Security US Citizenship and Immigration Services has announced changes to the I-9 form, which, as most employers know, is used to verify employment eligibility. The changes generally make things easier, offering shorter instructions, a better organized form, and options for virtual document verification to streamline and modernize the process. However, there are some things to watch out for, such as deadlines and training for the new form. Listen in for more information

In a groundbreaking crossover episode of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes her colleague Kevin Szczepanski, the host of Barclay Damon Live: Cyber Sip™, to discuss “Cybersecurity Basics for Employers.” Kevin, who is also co-chair of the firm's Data Security & Technology Practice Area, gives an overview of this crucial topic, including covering employee training to help thwart phishing attempts. Kevin also shares his top three related policies to have in place, which involve information security, access control, and incident response. He also touches on expanding laws and regulations, insurance coverage, and a lot more, so listen in.

Welcome to Barclay Damon Live: Labor & Employment Podcast, “Untangling the Web of Leave Issues Under ADA, FMLA, and Related Laws, Part 2.” In this continuing conversation, Barclay Damon partner Scott Rogoff joins host Ari Kwiatkowski to talk about what employers need to know considering the myriad types of employee leaves available. Ari and Scott also use a recent scenario they experienced to explore the Americans With Disabilities Act, or ADA, including who qualifies, what constitutes “reasonable accommodations,” and how the process works. Listen in for more.

Join host Ari Kwiatkowski for the latest episode of Barclay Damon Live: Labor & Employment Podcast. In this episode, Ari welcomes back her colleague Scott Rogoff to parse the statutes, laws, regulations, and issues involved with employee leave. As we all know, life happens—and it happens to employees, who then often need to take time off from work. Regardless of when the employee notifies their employer that they will be out, it's important for the employer to know what type of leave should be used and when to apply it. This can be challenging. Dive in with Ari and Scott as they begin to untangle FMLA, concurrent leaves, the New York State and federal laws, worker's comp, and more. And join them for the next episode, when they will turn their focus to ADA and related leave types.

Here's a quick installment of Barclay Damon Live: Labor & Employment Podcast, “Update Alert: Key Takeaways from the New NYS Model Sexual Harassment Prevention Policy.” In episode 58, host Ari Kwiatkowski runs down changes to the new policy, which has been conveniently posted on the state's website, ny.gov. Finalized in April 2023, adopting the model policy is not required, but, says Ari, since it's so easily available (and thorough), why not use it? A few key differences in the new policy are its suggestions of bystander intervention, and, considering new remote and hybrid work situations, broadening the locations and times when harassment can occur. Listen in for more important info. 

In episode 57 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes her Barclay Damon colleague Art Marrapese to discuss medical plan coverage during a leave of absence from work. Tune in to hear a breakdown of the types of leaves employees can take under federal and state laws like the Family Medical Leave Act and the New York Paid Family Leave, where ERISA comes in, and some of the circumstances around protected and non-protected leaves, especially around health coverage issues. Art and Ari emphasize that employers can stay ahead of the game by having their plan documents and summary plan descriptions well organized so that employees know their rights. They also dig into COBRA rules and more, so listen in.

In episode 56 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski talks with Peter Rahbar of the Rahbar Group. He's an attorney with broad experience in workplace issues, which he brings to the conversation. Starting off with a definition of the phenomenon, Peter asserts that it's not new, though the phrase “quiet quitting” may be. Essentially, it refers to employees doing the bare minimum to get by in their jobs—without actually quitting. To combat it, he suggests clients (and listeners) communicate early and often to avoid many circumstances that can lead to quiet quitting. Listen in for more on this timely topic.

In episode 55 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes workforce wellness and cultural alignment expert John Robertson to discuss resolving intergenerational conflicts in the workplace. In a bit of a departure from Ari's usual legal focus, she and John explore workplace relations, discussing some common situations that arise and offering practical, actionable information for listeners. John's background combines an earlier religious vocation with a psychology degree; his experience brought him to crisis intervention, counseling, and conflict resolution. Ari and John talk about the melding of (and differences between) generations and cultures in today's workplace. Let's dig in.

In episode 54 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski gives an update on changes to both federal and New York State law in “New Laws Pump Up Protection for Nursing Employees.” The federal PUMP (Providing Urgent Maternal Protections for Nursing Mothers) Act will go into effect in April and expand accommodations and protections for employees who need to express breast milk when they return from any maternity-related leave. Ari digs in so employers and employees will know what to expect. You can also find more info on the Department of Labor website; updated guidelines are forthcoming. Ari then covers recent changes to New York State law that also expand protections in this area. Listen in for details.

It's episode 53 of Barclay Damon Live: Labor & Employment Podcast, hosted by Ari Kwiatkowski. Listeners will get the early scoop on what is known so far about this new federal antidiscrimination law that provides guidelines for employers and information for employees. Hear Ari speak about how the Pregnant Workers Fairness Act (PWFA) fits in with, and differs from, other federal antidiscrimination statutes, like the Americans With Disabilities Act and Title VII. Basically, it requires covered employers to provide reasonable accommodations to pregnant workers due to pregnancy, childbirth, and related medical conditions. The law, enforced by the EEOC, will be in effect around mid-June of this year, so listen to get some early examples of how the PWFA may affect your business or workplace.

It's episode 52 of Barclay Damon Live: Labor & Employment Podcast.This week, host Ari Kwiatkowski welcomes back her colleague Rosemary Enright, partner and Labor & Employment Practice Group leader. In their fast-moving conversation, Ari and Rosemary share an overview of potential updates to employee handbooks as well as updates to the law and related issues. Two main two developments employers may want to note are 1) a minor change to the New York Paid Family Leave and 2) expansion of the lactation accommodations that employers are required to provide for nursing parents.Listen in too for tidbits about pandemic-related topics like the continued need for COVID-19 vaccination leave, the HERO Act, work-from-home policies, and more.

In episode 51 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski and her guest, repeat visitor Jennifer Behm, a partner at Berardi Immigration Law and immigration counsel at Barclay Damon, discuss the process of chasing the elusive H-1B visa. It's almost time for employers who want to apply for the coveted visa on behalf of a foreign national candidate, whether already in their employ or someone they're considering. But during what the pros call “H-1B Cap Season,” and considering the random process, will they be successful? Listen in for a rundown of the numbers, including fees and estimates of how many apply versus how many actually get a visa. And be sure to tune in next episode for Ari's annual dive into employee handbooks.

It's host Ari Kwiatkowski's 50th episode of Barclay Damon Live: Labor & Employment Podcast! To commemorate the occasion, Ari highlights five of the most listened-to episodes from the past, reprising the important content and updates she and her guests have conveyed. Guests we hear from again include Maureen Kielt from the Buffalo Local Office of the EEOC and Barclay Damon partners Rosemary Enright, Randy Oppenheimer, and Scott Rogoff. Listen in, then stay tuned for more great information coming throughout 2023, including on updating employee handbooks, unionization issues, and other hot-button topics. Thanks from Ari and the team for joining us for the first 50!

In episode 49 of the Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes back her Barclay Damon colleague Carolyn Marcotte Crowley for part 2 of their discussion on the Massachusetts Commission Against Discrimination (MCAD), beginning with the investigation of claims filed with MCAD. The MCAD investigator reviews submissions, requests additional information if needed, and conducts interviews, among other tactics, to determine if the treatment alleged by the complainant may constitute unlawful discrimination. An investigative conference is also usually held with the parties. Listen in for more, including the differences between the MCAD and the New York State Division of Human Rights.

Welcome back to the Barclay Damon Live: Labor & Employment Podcast. In host Ari Kwiatkowski's first episode of 2023, she welcomes Barclay Damon colleague Carolyn Marcotte Crowley to discuss the process of investigating and prosecuting claims of discrimination in Massachusetts. “Dealing With MA Commission Against Discrimination Claims, Part 1” covers the differences in this process between New York, Connecticut, and Massachusetts; there are important variations, including the length of time an employer has to respond, so listen in for this and other vital takeaways. And tune in next time for the second part of this topic with Carolyn. Let's dig in!

A quick solo session from Barclay Damon Live: Labor & Employment Podcast host Ari Kwiatkowski, episode 47 introduces listeners to the “New US DOL Independent Contractor Rule: How to Classify Personnel.” With gratitude for her first year of creating this podcast, Ari introduces the topic, her last for 2022. Mentioning some background and shifts between the rule from the Trump to Biden administrations, Ari notes this development is important for both employers and employees in terms of salary, tax issues, minimum wage, exemptions, and overtime eligibility. Listen in to learn how to determine if someone is an employee or an independent contractor, and be sure to come back next year for more on all things labor and employment.

In episode 46, host Ari Kwiatkowski is back to continue the conversation with her New Haven-based colleague Dan Elliott. In this second installment about the Connecticut Commission on Human Rights and Opportunities (CHRO), Ari and Dan pick up where they left off in the last episode, going through the stages of a complaint filed with the CHRO. From mandatory mediation to an optional early legal intervention to the fact-finding conference, listeners will hear some of the differences between Connecticut and New York law for this process and what employers can expect. Ari and Dan wrap up with an important reminder: only attorneys admitted to practice in Connecticut can represent an employer in these matters. Tune in to hear more.

Episode 45 of Barclay Damon Live: Labor & Employment Podcast finds host Ari Kwiatkowski switching gears—and states—to talk with her Barclay Damon colleague Dan Elliott about the Connecticut Commission on Human Rights and Opportunities (CHRO). The conversation launches with a description of the CHRO, a state agency that is statutorily empowered to monitor, investigate, and enforce human rights and antidiscrimination laws. Like in New York and other states, an employee can file a complaint with the agency. From there, the process is similar, though there are a few notable differences. Listen in to this brief episode to hear Dan lay out the timeline and more. And be sure to tune in for the next episode for more information.

“Have a plan, and stick to it” is one of the most important things an employer or business can do when litigating a discrimination lawsuit according to Barclay Damon partner Michael Murphy, this week's guest on Barclay Damon Live: Labor & Employment Podcast. Michael joins host Ari Kwiatkowski in episode 44, part two of their ongoing conversation, “Best Practices for Handling Discrimination Lawsuits in State Court.” Picking up where they left off in the last episode, Ari and Mike define and discuss the discovery process. They touch on expert witnesses, juries, and what realistic timelines are throughout the entire process. Listen in for more of their best practices.

In episode 43 of the Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski welcomes Barclay Damon colleague Michael Murphy for part one of a discussion on handling discrimination lawsuits in state court. As Ari says, Michael's decades of experience make him “the perfect guest” to give listeners a rundown on practice in state court. Following up on recent conversations with Division of Human Rights and EEOC staff as well as colleague Randy Oppenheimer, who spoke about cases in federal court, Ari and Mike start out with the difference between state and federal court and why, in a discrimination suit, an employer might find themselves in court versus at the division. Listen in for more details.

In episode 42 of Barclay Damon Live: Labor & Employment Podcast, host Ari Kwiatkowski offers a quick solo segment called “Update on ‘Can I Ask That: New York Wage Transparency Laws.'” While the episode strays from earlier episodes addressing what employers can and can't ask during job interviews or in applications or include in job postings, this topic is related since recently enacted laws require employers in New York City to post a salary range for existing or new open positions. Noting that other cities have enacted or are considering such laws and a statewide version may be coming soon, Ari says it's important to understand the reason behind the push for these laws and discusses how to comply. Let's dig in!

As Barclay Damon Live: Labor & Employment Podcast host Ari Kwiatkowski likes to say, “Let's dig in!” In episode 41, the third and final part of her conversation with Catherine Ostrowski Martin, an attorney with the division, she and Catherine talk about what complainants and employers can expect in the last phase of the process, which is the public hearing. Public, you say? That's right, anyone who wants to can attend, though in Zoom-times, you need to request the link. If the initial settlement conference hasn't produced a solution, says Catherine, it's a months-long process of answering the complaint, having the preliminary conference set, and then having the hearing. Finally, there's the commissioner's recommended order, which can include actions and damages. Listen in for more details.

It's episode 40 of Barclay Damon Live: Labor & Employment Podcast. In this segment, host Ari Kwiatkowski welcomes back Catherine Ostrowski Martin, an attorney with the New York State Division of Human Rights. They continue to discuss what employers need to know about the division's settlement conferences and probable cause hearings, touching on what happens after the settlement conference. (That's a settlement agreement, which usually comes with a monetary component and can also include other stipulations, like training or job reinstatement.) They also cover privacy, confidentiality, and what the best attitude is for employer respondents to take. Listen in for more valuable information, and stay tuned for the third segment of their conversation in the next episode.

It's episode 39 of Barclay Damon Live: Labor & Employment Podcast. This week, host Ari Kwiatkowski welcomes Catherine Ostrowski Martin, an attorney with the New York State Division of Human Rights, to delve into what employers need to know about the division's settlement conferences and probable cause hearings. Following up on Ari's last two episodes, which were also about the division, she and Catherine bring listeners a general overview of what happens if the division issues a probable cause determination as well as the logistics and the process for the prehearing settlement conference. Be sure to listen in to episode 40, when Ari and Catherine continue their conversation, turning to topics that include: what comes next?

In the second part of her conversation with Debbie Kent, regional director of the New York State Division of Human Rights' Buffalo Office, Barclay Damon Live: Labor & Employment Podcast host Ari Kwiatkowski kicks off the episode by asking what happens after a complaint's been filed with the division. Then Ari and Debbie discuss the investigation process and possible outcomes. A great reminder from Debbie: the division is a neutral body. And while it's likely that no one enjoys the process, it's all about making sure human rights laws are followed. Listen in for more on how the division works, and tune in next week for additional insights.

In episode 37, Barclay Damon Live: Labor & Employment Podcast host Ari Kwiatkowski welcomes Debbie Kent, regional director of the New York State Division of Human Rights' Buffalo Office. In the first part of the episode, Ari and Debbie share preliminary information about what the division and its mission are, what it does, and how it's organized. They then turn to how a discrimination complaint is filed and whether every complaint that's filed is covered, and if it's covered, what happens? They explain more about the process, including when a case may go to the EEOC instead of the Division of Human Rights. Listen and be sure to tune in for an even deeper dive with Debbie in the next episode.

In part two of “Best Practices for Defending Discrimination Lawsuits in Federal Court,” Ari Kwiatkowski welcomes back her Barclay Damon colleague Randy Oppenheimer to continue their discussion about the process involved in a federal court lawsuit brought against an employer. They talked about an early potential step, a settlement conference, in episode 35. If that step wasn't conclusive or on the table, it's off to discovery, says Randy, and this strategic period can have a big effect on the case. Listen in as they go through other possible steps, including a motion to dismiss, mediation process, and summary judgment motion. Having the right lawyer is key, and Randy talks about what to look for. Then tune in for Ari's next episode, when Debbie Kent, New York State Division of Human Rights regional director, answers questions about the division.

Host Ari Kwiatkowski is back for the season two debut of the Barclay Damon Live Labor & Employment Podcast. Joining her to continue the conversation is Barclay Damon partner Randy Oppenheimer. They begin their discussion, “Best Practices for Defending Discrimination Lawsuits in Federal Court,” with an overview of how the court system is structured, and the different types of judges there are. They then turn to first steps when an employer or business receives notification that they are being sued. Like in many situations, their advice is first, take a deep breath; then call counsel and your insurance agent. The steps that follow involve making sure evidence is preserved, and, along with your counsel, looking at the factors and potential strategies that go into your response. Listen in to learn more.

In the last episode of the season, Ari Kwiatkowski, host of Barclay Damon Live: Labor & Employment Podcast,brings listeners an update on the US Equal Employment Opportunity Commission's recently revised guidance on COVID-19 testing in the workplace, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” As the virus continues to mutate, infect, and sicken people, how can employers determine if and when it's permissible to test employees at work? Does workplace testing qualify as a medical examination under the Americans With Disabilities Act? Listen to hear all about these questions and more. Also, Ari and crew will be taking a break for the rest of the summer, so tune back in after Labor Day for Season 2 of the Labor & Employment Podcast. Disclaimer: This material is for informational purposes only and does not constitute legal advice or a legal opinion, and no attorney-client relationship has been established or implied. Thanks for listening.